HomeMy WebLinkAbout20181012 Ver 1_Approval Letter_20180827Ply COOPER Enwitorrment rf Quality
coveretor
MICHAEL S. REGAN
,Secretary
LINDA CULPEPPER
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August 27, 2018
DWR # 20181012
Forsyth County
Town of Kernersville
Attn: Wendi Hartup
134 East Mountain St
Kernersville NC 27284
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Beeson Creek Stream and Floodplain Restoration
Dear Ms. Hartup:
You have our approval for the impacts listed below for the purpose described in your
application dated and received by the Division of Water Resources (Division) on July 23, 2018,
with payment received July 30, 2018. These impacts are covered by the attached Water Quality
General Certification Number 4134 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number 13 or 27 once it is issued to you by the
U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local
permits before proceeding with your project, including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
e:��QEQNorth Carolina Department of Environmental Quality I Division of Water Resources
450 W. Hanes Mill Rd, Winston-Salem, NC 27107
336.776-9800
Town of Kernersville
DWR# 20181012
401 APPROVAL
Page 2 of 4
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are meta No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
2025 (linear feet)
0 (linear feet)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
If you change your project, you must notify the Division and you may be required to
submit a new application package with the appropriate fee. If the property is sold, the
new owner must be given a copy of this approval letter and General
Certifications)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. The designer or his designee shall supervise the all stream restoration activities [15A
NCAC 02H .0506(b)(2)]
4. Stream bed habitat material, such as cobble and gravel, should be harvested from
abandoned channels and relocated to new channels to the maximum extent practicable.
[15A NCAC 02H .0506(b)(2)]
5. Visual monitoring of the stabilization project shall be conducted at a minimum of
quarterly for the first year or two bankfull events (whichever is longer), and then
annually until the site is stable (particularly after storm events) and vegetation is
successful Any failures of structures, stream banks, or vegetation may require future
repairs or replacement, which requires coordination with the Winston Regional Office to
ensure the stability and water quality of the stream and downstream waters. [15A
NCAC 02H .0506(b)(2) and (b)(3)]
6. The permittee shall report to the Winston Salem Regional Office any noncompliance
with this certification, any violation of stream or wetland standards [15A NCAC 02B
.0200] including but not limited to sediment impacts, and any violation of state
regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided
orally within 24 hours (or the next business day if a weekend or holiday) from the time
the applicant became aware of the circumstances. A written submission shall also be
provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance,
and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of
Town of Kernersville
DWR# 20181012
401 APPROVAL
Page 3 of 4
the noncompliance. The Division may waive the written submission requirement on a
case-by-case basis.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Town of Kernersville
DWR# 20181012
401 APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Sue Homewood at 336-776-9693 or sue.homewoodkncdenr.gov if you have any
questions or concerns.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4134
cc: Robert Williams, (rwilliam@guilford.edu)
Edwardeen Thompson (iohneddiet@aol.com)
Helen Jean & Mark Easley (theyhavenoaddress@nothing.com)
Karen Hall, Biocensosis (via email)
Bryan Roden -Reynolds, USACE Charlotte Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file