HomeMy WebLinkAbout20120395 Ver 1_Approval Letter_20120507I
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid P E Dee Freeman
Governor Director Secretary
May 7 2012
DWQ# 12 0395
Stokes County
Ms Charlotte Klappert & Stephen Boutwell
5278 Sweetwater Court
Greensboro NC 27407
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms Klappert & Mr Boutwell
You have our approval in accordance with the attached conditions, to permanently impact 0 10 acres of
wetlands and 100 feet of stream in order to construct a small pond on your property in Stokes County as
described in your application received by the Division of Water Quality (Division) on April 20 2012 After
reviewing your application we have determined that this fill is covered by General Water Quality
Certification Number and 3890, which can be viewed on our web site at
http / /www ncwaterquality org/wetlands html This Certification allows you to use Nationwide Permit
Number 29 when it is issued by the U S Army Corps of Engineers In addition you should secure any other
applicable federal state or local permits before you proceed with your project, including (but not limited to)
those required by Sediment and Erosion Control, Non Discharge and Water Supply Watershed regulations
Also this approval will expire when the accompanying 404 permits expire unless otherwise specified in the
General Certification
This approval is valid only for the purpose and design that you have described in your application If you
change your project you must notify us in writing, and you may be required to send us a new application for a
new certification If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions If total wetland fill for this
project (now or in the future) exceeds one acre or total fill to perennial streams equals or exceeds 150 linear
feet, additional compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) For this
approval to be valid, you must follow the conditions listed in the attached certification, as well as the
additional conditions listed below
1 The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met No other unpacts including incidental impacts are approved
Stream Impacts
Identifier
Waterbody
Impact
Site S1
Unnamed Tributary to Mill Creek
100 linear feet
Total
100 linear feet permanent impact
North Carolina Division of Water Quality Winston -Salem Regional Office
Location 585 Waughtown St Winston -Salem North Carolina 27107
Phone 336 7715000 \ FAX 336 771 -46301 Customer Service 1- 877 -623 -6748
Internet www ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Charlotte Klappert & Stephen Boutwell
DWQ# 12 0395
May 7 2012
Page 2 of 3
Wetland Imnacts
Identifier
Type of Impact
Impact
Site W1
Fill / Flooding
0 10 acres
Total
010 acres permanent impact
Please be aware that by having impacted waters without first applying for and securing the issuance of a 401
Water Quality Certification you have violated Title 15A of the North Carolina Admmnistrative Code (NCAC)
2H 0500 Title 15A NCAC 2H 0500 requires certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into navigable waters including
wetlands as described in 33 Code of Federal Regulations (CFR) Part 323 It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of the
Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water
Quality Pursuant to G S 143 215 6A these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of $25 000 00 per day for each violation
If you do not accept any of the conditions of this certification you may ask for an adjudicatory hearing You
must act within 60 days of the date that you receive this letter To ask for a hearing send a written petition
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings 6714 Mail Service Center Raleigh N C 27699 6714 This certification and its conditions are final
and binding unless you ask for a hearing
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act
If you have any questions please contact Sue Homewood in the DWQ Winston Salem Regional Office at
336 771 4964 or at sue homewood@ncdenr gov
Sincerely
Charles Wakild P E Director
Division of Water Quality
cc John Thomas U S Army Corps of Engineers Raleigh Regulatory Field Office (via email)
William E Mitchell Assoc 1903 C Ashewood Ct Greensboro NC 27455
DWQ Winston Salem Regional Office
DWQ Wetlands /401