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HomeMy WebLinkAbout20121102 Ver 1_Approval Letter_20130102 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 2,2013 DWQ# 12-1102 1 NOV-2012-OP-0011- Davie County Mr.Joe Reavis 1.191 Cornatzer Rd -' Mocksville,North Carolina 27028 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr.Reavis: You have our approval, in accordance with the attached conditions; to impact 138 feet of stream and to restore an additional 100 linear feet of stream at your property at Parcel Number B300000003701 on Hwy 601 in Davie County, NC, as described in your application and NOV restoration plan received by the Division of Water Quality(Division) on December 5, 2011. 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.ncwaterqualiiy.org/wetiands.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 impacts, including incidental impacts,are approved: Stream Impacts Identifier Waterbody impact Site 1 Unnamed tributary to Cinquapin Creek 138 linear feet permanent impact Total 138 linear feet permanent impact s North Carolina Division of Water Quality Winston-Salem Regional Office Location:585 Waughtown St.Winston-Salem,North Carolina 27107 One Phone:336-771-50001 FAX:336-771-46301 Customer Service:1-877-623-6748 NOfthCar011na Internet:www.ncwaterquality.org a'ahaviy l An Equal Opportunity 1 Affirmative Action Employer `�l`6 Joe Reavis DWQ# 12-1102 January 2, 2012 Page 2 of 3 2. Restoration of approximately 100 linear feet of unnamed tributary above the approved pond, in response to violations at the site is hereby approved by this certification.. Restoration shall consist of re-establishing the natural channel width and depth above the pond with vegetated stable stream banks. Restoration shall be completed within 60 days of issuance of this authorization. 3. The Division shall be notified within 7 days of completion of the restoration work: 4. All channel reconstructions and repairs will be constructed in a manner to protect downstream waters from sediment and turbidity. Vegetation used for bank stabilization shall be limited to native riparian seed mix on both sides of the re-established channel. 5. Upon finishing the project,the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be returned to the Winston-Salem Regional Office of the NCDWQ at the address listed on the form. Please be aware that by having impacted streams without first applying for and securing the issuance of a 401 Water Quality Certification,you have violated Title 15A of the North Carolina Administrative Code(NCAC)2H .0500. Title 15ANCAC 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) DWQ Wbscap Unit DWQ Winston-Salem Regional Office DWQ Wetlands/401 FMA - 7 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 2,2013 DWQ# 12-1102 NOV-2012-OP-00I I Davie County Mr.Joe Reavis 1191 Comatzer Rd Mocksville,North Carolina 27028 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr.Reavis: You have our approval, in accordance with the attached conditions; to impact 138 feet of stream and to restore an additional 100 linear feet of stream at your property at Parcel Number B300000003701 on Hwy 601 in Davie County, NC, as described in your application and NOV restoration plan received by the Division of Water Quality(Division)on ' December 5, 2011. 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.ncwaterqualiiy.org/wetlands.htrnl. 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 impacts, including incidental impacts,are approved: Stream Impacts Identifier ody Impact Site 1 Unnamed tributary to Cin ua in Creek 138 linear feet permanent impact Total 138 linear feet permanent impact North Carolina Division of Water Quality,Winston-Salem Regional Office Location:585 Waughtown St Winston-Salem,North Carolina 27107 ne Phone:336-771-50001 FAX.336-771-06301 Customer Service:1-877-623-6748 North fC�arolina Internet www.ncwaterquality.org �atura!!r� An Equal Opportunity 1 Affirmative Action Employer Joe Reavis DWQ#12-1102 January 2, 2012 Page 2 of 3 2. Restoration of approximately 100 linear feet of unnamed tributary above the approved pond, in response to violations at the site is hereby approved by this certification. Restoration shall consist of re-establishing the natural channel width and depth above the pond with vegetated stable stream banks. Restoration shall be completed within 60 days of issuance of this authorization. 3. The Division shall be notified within 7 days of completion of the restoration work. 4. All channel reconstructions and repairs will be constructed in a manner to protect downstream waters from sediment and turbidity. Vegetation used for bank stabilization shall be limited to native riparian seed mix on both sides of the re-established channel. 5. Upon finishing the project,the Applicant shall fill out and return the enclosed "Certificate of Completion' to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be returned to the Winston-Salem Regional Office of the NCDWQ at the address listed on the form. Please be aware that by having impacted streams without first applying for and securing the issuance of a 401 Water Quality Certification,you have violated Title 15A of the North Carolina Administrative 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 1 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, ACharles Wakild,P.E.,Director Division of Water Quality cc: John Thomas,U. S. Army Corps of Engineers,Raleigh Regulatory Field Office(via email) DWQ Wbscap Unit DWQ Winston-Salem Regional Office DWQ Wetlands/401