HomeMy WebLinkAbout20090689 Ver 1_Approval Letter_200908104
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
James H. Perkins
Trade Street Development Corp
807 N. Trade St
Winston-Salem, NC 27101
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Perkins:
August 10, 2009
DWQ# 09-0689
Forsyth County
You have our approval, in accordance with the attached conditions, to place fill and impact 678 linear feet and
of the West Fork Deep River and two unnamed tributaries to West Fork Deep Creek to install a road crossings
and culvert fill for the Kernersville Medical Parkway located in Kernersville, NC in Forsyth County, as
described in your application received by the Division on June 15, 2009, and additional information received
on July 16, 2009 and August 10, 2009.. After reviewing your modification application, we have determined
that this fill is covered by General Water Quality Certification Numbers 3704, which can be viewed on our
web site at http://h2o.enr.state.nc.us/ncwetlands/rd wetlands _certifications.htm. This Certification allows
you to use Nationwide Permit Number 14 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 (including trout buffer
waivers as necessary), Non-Discharge, State Stormwater, 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 maybe 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:
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748
Internet: www,ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
No hCarolina
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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:
Identifier Stream Impact length
Site S 1 West Fork Deep Creek 292 feet permanent impact
50 feet temporary impact
Site S2 Unnamed Tributary #1 to West Fork 264 feet permanent impact
Deep Creek
Site S3 Unnamed Tributary #2 to West Fork 72 feet permanent impact
Deep Creek
Total 628 linear feet permanent impact
50 linear feet tem orar im act
Identifier Wetland Type impact area
Site W1 Riparian 0.015 acres
Total 0.015 acres permanent impact
2. Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you wish to make a payment to the Stream Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the
DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears
your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified
in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you
have any questions concerning payment into a restoration fund. You have 60 days from the date of this
approval to make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Stream Restoration Fund to meet the following compensatory mitigation
requirement:
Compensatory Credit Mitigation Required
Stream 556 (feet)
3. The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) as approved by the Division of Water Quality, must be implemented and the
stormwater management facilities shall be constructed and operational before any permanent building is
occupied at the subject site. The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices
shall be made without written authorization from the Division of Water Quality.
4. The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities to ensure compliance GC 3704.
5. The Permittee or their designee will conduct a Pre-Construction Meeting with the environmental
consultants, stream crossing designers/engineers and the contractor to discuss permit conditions,
construction sequences and other site specific issues. The Division of Water Quality and the US Army
Corps of Engineers shall be invited to the pre-construction meeting.
6. 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.
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@ncmail.net.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Curtis Swisher, Town of Kernersville, PO Box 728 Kernersville, NC 27284
Denise Poulos, ECS Carolinas (via email)
Kelly Williams, NC EEP
DWQ Winston-Salem Regional Office
DWQ Wetlands/401
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,
and any subsequent modifications, the applicant is required to return this certificate to the 401 /Wetlands Unit,
North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form
may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Date:
Agent's Certif cation
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Engineer's Certi lcation
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature
Registration No.
Date
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. James H. Perkins. has permission as outlined below to fill or
otherwise impact 556 feet of perennial stream to construct the proposed Kernersville Medical Parkway is
located between Macy Grove Rd and NC Hwy 66 in Kernersville NC, in Forsyth County. All activities
associated with these authorized impacts must be conducted with the conditions listed in the attached Permit
transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ EXP PROJECT #: 2009-0689
SITE NAME: Kemersville Medical Parkway
LOCATION: Kernersville
COUNTY Forsyth
BASIN/ SUB BASIN Cape Fear (HUC: 03030003)
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate
for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands,
surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade
the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation
556 linear feet of perennial stream 55611 Lear feet of perennial stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the
payment of a fee to the Wetlands, Stream and Buffer Restoration Fund per NCAC 2R.0503. If you choose this
option, please sign this form and mail the form along with a copy of the 401 Certification and Variance
Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount
of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT
AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
(919) 733-5205