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.
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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
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