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HomeMy WebLinkAbout19980443 Ver 1_COMPLETE FILE_19980706State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director 4 • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 6, 1998 Forsyth County DWQ Project # 980443 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Charles Anderson Pilot View RC&D, Inc. 2714 Henning Drive Winston-Salem, NC 27106 Dear Mr. Anderson: You have our approval, in accordance with the attached conditions and those listed below, to place fill material for the purpose of stabilizing a streambank at Old Salem Historic Community, as you described in your application dated May 18, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3102. This certification allows you to use Nationwide Permit Number 13 when the Corps of Engineers issues it. In addition, you should get any other federal, 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 new application except as modified below. If you change your project, you must notify us and 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 00506(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 on all lots with remaining jurisdictional wetlands and waters to notify the state in order to assure compliance for 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. DWQ shall be notified of any modifications to this plan and sent an as-built plan upon completion. 3. DWQ shall be copied on a tree-planting plan for this project which will ensure canopy closure over the channel to protect the temperature standard in the stream. 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 Dorney at 919-733-1786. in r y, re on Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Winston-Salem DWQ Regional Office John Dorney Central Files 980443.1tr Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper II ANIORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: jX L. WO Supervisor: Date: S',P'g ,i SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Pilot View RC & D Inc. Project Number 98 0443 Recvd From APP Received Date 5/18/98 Recvd By Region Project Type streambank stabilization Certificates Permit Wetland Type Type F _13F__ Mitigation MitigationType County Forsyth County2 Region Winston-Salem Stream 2 3 I U i Wetland Wetland Stream Class Acres Feet s Impact Score Index Prim. SuPp Basin Re q Req n F@) N 12-94-12-( ?? 030704 1.00 ) Y ON I I I.?..I I I ?. I Wetland Type Acres Feet Is Mitigation required? O Y (ON Did you request more info? O Y O N lDQ s .? (((,?I vk. + 'e/, ; Is Wetland Rating Sheet Attached? O Y lr N ` Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Comments: Recommendation: O Issue ssue/Cond O Deny S e k- codek C PY1 Q rY.w cc: Regional Office Ce ntral Office 4 ?Is 2? Page Number 1 s To: John Dorney Eric Galamb Through: Steve Mauney From: Ron Linville Subject: Recommedation to Issue 401 to Pilot View RC&D Inc. Tanners Creek Restoration Project @ Old Salem Vicinity DWQ 980443, Forsyth County Date: 980616 However, during the site visit, the WSRO discussed the following recommendations with Charles Anderson of Pilot View which the Region would like to have placed in or considered in the 401 Certification: The WSRO does not desire to redesign this project. There are recent upstream stormwater piping (after the fact COE permit) and erosive conditions. This will be a very difficult project at best. 1. After bid awards by Pilot View, any revised plans should be submitted to the DWQ, if any modifications are proposed. 2. Any revisions or modifications should include consideration for providing a single sinuous channel with deepened outside curves (in-channel pools, thalweg scenario) to be placed in the existing streambed to improve low flow water depth and potential aquatic life benefits. Additionally, these revisions should consider providing a wider arch and a deeper in-channel pool on Reach I just above Acadamy Street. A tree planting schedule should be provided which will meet DWQ standard requirements (generic schedule requirements should be included with 401) for shading and bank stabilization (should be accomplished so as to enhance, not distract stream aesthetics). If these activities are not feasible, the contractor should indicate why or why not. 3. Recommend that Old Salem archeologist participate in or observe any streambed excavations due to artifacts which may be in the stream. 4. The applicant should provide of approval for the 401 request with project, including any E signatory authority or signatures from all land owners associated asement holders prior to work beginning. 5. The Winston-Salem/Forsyth County Appearance Commission may also need to review this project as public funds/activities may be involved. Stabilization efforts should be undertaken upstream by the appropriate property owners and possibly the City of Winston-Salem; however, this is not within the scope of the Pilot View project. a:\tanners.crk •uoTgotps2snC ,99Toue6P asogq u7T{4IM gvgTqi?T; ZpnYl.TZO zTGIA 10 SaToads paxa5uvpua 10 paueaEOaua Aus O4 l0a3J2 AleNTT AU? BUTU19OU00 4u9UM100 put M@TAaa J OJ aoTAaOS 99120usT3 aullvH Teu0T4vN aq4 PUV BOTAaaS a;TIPTTM Put' gST3 eqq 04 Xod pal4°E}ga auk buTpxsMaog osTa aae am MS-9L8(6T6) XKd o"Mogy uLlOD ' RIIV ON ' HOT IVE 301330 GUId Maol=934 HOI2gvu :01 SZN3woo QNas *9 86/'ST/9 : (auTTPeap asuodsaa U101; S4ep OTMI'I V20 242WWOO -S 86/s/9 : (1244TU1suV14 u1oaj sX2p 5) 3NI-I(IV3Q 3SRUSS21 • V OG/T/9 :rjvZSZWSNH l 30 31Ka •C •ou= 'agar ?e}?r'fTa :,IN?f?I?d3id?Z L88OZ866T :01 NOIZ;V"T 6£86-ez9(616) X@9 - -3i - ooUtPea?O uozssTUnuoo secanose'd GJTTPTTM ON 6966-f£L16161 XV2 ON ImbTaTLg AgzTEnj3 Jequm go UOIST.TO ON £998-E£L(OT61 "i ON 'g6TOTVU a?Z3?O uo-???naesO.xa ?ZSb?BTj-T ??g?S 9S9b-958(616) 3K3 ON 'gbTOTV'd abTAaaS aSTTPTYM I uST,S S? 96L2-8ZL(G16) XVa ON "puRTSI SIGAId sOTAJGS SaTIGUT3 auTJVK TeuoT4eN : Nod NOIIVOI3ISON 30-LI'dI-IOSIG-sud 10'd 10:80 8665'10'90 ASOIUTA938 H913 DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) : PRE--CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO TEE CORPS OF ENGINEERS 2) APPLICATION !'OR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OS COASTAL N WMGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE AppROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). P1EASE PRINT. 1. OWNERS NAME: Pilot View RC&D, Inc., 2. MAILING ADDRESS: 2714 Henning Drive CITY: Winston Salem STATE: 27106 - ZIP CODE: PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFF FT FROM MAILING ADDRESS ABOVE): Old Salem, Tanners Run & Town Cree_., on Salem, NC 3. TELEPHONE NUMBER (HOME): (WORK). 336-750-0522 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE' OFFICIAL, ADDRESS, PHONE NUMBER: Al Engler, Chairman ( Same as above) Contact - Charles Anderson 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE) : COUNTY: Fnx-gut-h NEAREST TOWN OR CITY: Winston Salem Old Salem historic community - Tanners Run & 1 SUBDIVISION NAME: NC Z0'd 9 S:ZI 866I'8Z'40 AS0imi193M H9I31MS WOMB Town Creek run parallel to main streetSPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) : 6. IMPACTED OR NEAREST STREAM/RIVER: Salem Creek RIVER BASIN: Yadkin - Pee Dee 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HOW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II) ? YES ( J NO E() IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? NO Sa. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [X) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ( J NO (X1 IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 2 ad 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0 2 2 0'd 9 S:ZI 866i'8Z'60 AMOiuin93M H9I31UM W02Id 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0 EXCAVATION: 0 FLOODING: 0 DRAINAGE: 1500 OTHER: 0 TOTAL ACRES TO BE IMPACTED: 1 ac 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (SF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCAT.ZON): LENGTH BEFORE: 0 FT AFTER: 0 FT WIDTH BEFORE (based on normal high water contours) : 0 FT WIDTH AFTER: 0 FT AVERAGE DEPTH BEFORE: 0 FT AFTER: 0 FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: 0 PLACEMENT OF PIPE IN CHANNEL: 0 CHANNEL EXCAVATION: 0 OTHER: CONSTRUCTION OF A DAM/FLOODING: 0 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? NO WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X-11" DRAWINGS ONLY). Please see the attached specifications & Design 13. PURPOSE OF PROPOSED WORK: Stream Rank Stnhiliznfinn 3 40'd 951. :Z1 8661*8Z*00 AMOiuing3M H9I31UN WOMB 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST J9E CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Work to be conducted is along stream banks and access to these areas may involve channel crossing, etc. IS. YOU`ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE. (USFWS) AND/OP-NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)-REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED*FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT-MAY-BE-AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE__A=U3R£D-TO-CONTACT,, THE STATE HISTORIC.-PJkESERUATZON-OE'FICER 46r _ONO (SHPO) (SEE AGENCY_ A D27, FS_.SHEET).--REGARDING THE PRESENCE OF HISTORIC PROPERTIES..-IN.-nr PERMIT AREA WHICH MAY BE AFFECTED BY THE"PROPOSED E PROJECT. DATE CONTACTED:, 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES P9 NO H (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES (] NO N b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES ( ] NO [ ] IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING-THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 4 SB'd 9S:ZT 866T'8Z*00 Amoiui193M H9I31bS WOM-4 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL, INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY 19= BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Condominiums, open space, Historic Old Salem, Winston Salem strollway f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN = TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. OWNER'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 5 DATE 9 0'd 2 r:ZI 8661'82'40 ANCIUlnS3N H9I31dN WOM4 k i N N n ? 1 x ? k 1 a 71 I s o m I.? u \ -; Cl. OF, -71 Mv _CL 1 i Z... I t ? ?,'?\\? Il '? 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