20090998 Ver 1_Approval Letter_20091002

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Terry Houk
City of High Point
211 South Hamilton St
High Point, NC 27260
October 2, 2009
DWQ# 09-0998 (formerly DWQ#05-1935)
Guilford County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Houk:
You have our approval, in accordance with the attached conditions, to place permanent fill in 40 linear feet of four
unnamed tributaries to the Deep River, to place fill in 0.05 acres of headwater wetlands, and to repair and stabilize an
additional 367 linear feet of tributaries in order to construct utility crossings and conduct repair activities for the Deep
River Sewer Outfall Segment 3 located between Bales Chapel Rd and Main St in High Point, NC in Guilford County,
as described in your application received by the Division on September 17, 2009 and in response to a Notice of
Violation issued by the Division on June 15, 2009. After reviewing your application, we have determined that this fill is
covered by General Water Quality Certification Numbers 3699, which can be viewed on our web site at
htlp://www.ncwaterqualily.org/wetlands.html. This Certification allows you to use Nationwide Permit Number 12
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, 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:
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
Utility Crossing S1 UTl to Deep River 10 linear feet
Utility Crossing S2 UT2 to Dee River 10 linear feet
Utility Crossing S3 UT3 to Deep River 10 linear feet
Utility Crossing S4 UT4 to Dee River 10 linear feet
Total 401inear feet
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623.6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
Terry Houk
DWQ# 09-0998 (formerly 05-1935)
October 2, 2009
Page 2 of 3
2. Repair and restoration of an additional 367 linear feet of four tributaries in response to violations at the site is
hereby approved by this certification. Restoration shall be in accordance with the plans submitted on September
17, 2009. The restoration activity should be overseen by a qualified individual in stream and wetland restoration,
and must occur prior to December 31, 2009. The Division shall be notified upon completion of the repair work.
3. All channel reconstructions and repairs will be constructed in a dry work area and stabilized before stream flows
are diverted. Vegetation used for bank stabilization shall be limited to native woody species on both sides of the
relocated channel. A transitional phase incorporating coir fiber and seedling establishment is allowable.
4. The permittee shall visually monitor the repaired channels and vegetative plantings to assess and ensure complete
stabilization of the repaired stream segment. The monitoring shall be conducted quarterly for a minimum of 1
year after final planting or two bankfull flow events, whichever is longer.
5. Natural fiber matting for stream stabilization is recommended over plastic matting that can impinge and entrap
small animals.
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
[e-mail].
incerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Phil May, Carolina Ecosystems (via email)
DWQ Winston-Salem Regional Office
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