HomeMy WebLinkAbout20091358 Ver 1_Approval Letter_20100301NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Gene Lowder
Lowder Grading
2810 Griffith Rd
Winston-Salem, NC 27103
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Lowder:
March 1, 2010
DWQ# 09-1358
Forsyth County
You have our approval, in accordance with the attached conditions, to retain existing fill in 149 linear feet of stream you
installed in order to provide expanded use for your grading company, and to repair and stabilize an additional 76 linear
feet of tributary on your property on Griffith Rd in Winston-Salem, NC in Forsyth County, as described in your
application received by the Division of Water Quality (Division) on December 31, 2009. After reviewing your
application, we have determined that this fill is covered by General Water Quality Certification Number 3705, which
can be viewed on our web site at h -p://www.ncwaterquality.org/wetlands.html. This Certification allows you to use
Nationwide Permit Number 29 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, 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:
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:
Stream Impacts
Identifier Stream Impact length (feet)
Culvert fill & rira apron UT to Salem Creek 149 linear feet
Total 149 linear feet
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
NorthCarolina
;Vaturallff
Mr. Gene Lowder
DWQ# 09-1358
March 1, 2010
Page 2 of 2
2. Repair and restoration of an additional 76 linear feet of stream in response to violations at the site is hereby
approved by this certification. Restoration shall be in accordance with the plans submitted with the application
documentation on December 31, 2009. 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 restored channel. A transitional phase incorporating coir fiber and
seedling establishment is allowable. Restoration work shall be completed by May 31, 2010.
3. The permittee or their designee shall visually monitor the repaired channel 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.
4. Natural fiber matting for stream stabilization is recommended over plastic matting that can impinge and entrap
small animals.
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@ncdenr.gov.
Sincerely,
,l Coleen H. Sullins, Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Mike Brame, ECS (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401