19980249 Ver 1_COMPLETE FILE_19980320

State of North Carolina
Department of Environment
and Natural Resources
Clivision of Water Quality
Jams,
W B. Hunt, Jr., Governor
a n e McDevitt, Secretary
? A. Reston Howard, Jr., P.E., Director
J&T?W'J
Aa 0 2
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 28, 1998
Davidson County
DWQ Project # 980249
APP' OVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Brooks
3 Kirett Street
`H oint, NC 27265
Dear Mr. Brooks:
You hove our approQ, in accordance with the attached conditions and those listed below, to impact
440 feet of stream for the purpose of constructing a road crossing and lots at Hampton Hills subdivision, as
you descriQ in your application dated May 1, 1998. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 3108. This certification allows you
to use Nationwide Permit Number 26 when the Corps of Engineers issues it. In addition, you should get
any other feceral, state or local permits before you go ahead with your project including (but not limited
to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except
as modified below. If you change your project, you must notify us and to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid you must follow the conditions listed in the attached
certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed in all lots with remaining jurisdictional wetlands
and waters to restrict future wetland and/or water impact- These mechanisms shall be put in place within
30 days of the date of this letter or the issuance of the 404 Permit (whichever is later).
2. No more than 150 feet of stream shall be culverted.
3. A tree planting and steam relocation plan shall be submitted to DWQ for written approval before stream
impacts occur. This plan shall utilize bioengineering techniques.
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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 telephone John Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
John Domey
Central Files
980249.1tr
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Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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