20090573 Ver 2_Approval Letter_20100315

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 15, 2010
DWQ# 09-0573 modification
Forsyth County
Mr. David Saunders
City of Winston-Salem
101 N. Main St, Suite 357
Winston-Salem, NC 27101
Re: Section 401 Water Quality Certification application
Dear Mr. Saunders:
You have our approval, in accordance with the attached conditions, to place fill and impact 264 linear feet of two
unnamed tributaries to Salem Creek to construct the R.A. Thomas Water Treatment Plant Improvements located in
Winston-Salem, NC in Forsyth County, as described in your application received by the Division on May 19, 2009, and
additional information received on July 22, 2009 and addendum submitted August 24, 2009. Please note this
authorization letter replaces the letter issued on August 20, 2009. In addition, you have our approval to temporarily
impact 250 linear feet of an unnamed tributary in order to relocate the channel during construction activities in
accordance with your request submitted February 25, 2010. After reviewing your modification application, we have
determined that this fill is covered by General Water Quality Certification Numbers 3705 and 3688, which can be
viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands/rd_wetlands_certifications.htm. This Certification
allows you to use Nationwide Permit Numbers 39 and 33 when they are 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, State Stormwater, 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 shall
replace the approval dated August 20, 2009 in its entirety.
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:
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
North Carolina
Natumllry
Mr. David Saunders
DWQ# 09-0573 modification
March 15, 2010
Page 2 of 3
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
Site S1 Unnamed Tributary #1 to Salem Creek 51 feet permanent impact
Site S2 Unnamed Tributary #2 to Salem Creek 40 feet permanent impact
90 feet temporary impact
Site S3 Unnamed Tributary #2 to Salem Creek 38 feet permanent impact
30 feet temporary impacts
Site S4 Unnamed Tributary #2 to Salem Creek 5 feet permanent impact
20 feet temporary impacts
Site S5 Unnamed Tributary #2 to Salem Creek 150 feet temporary impacts for channel
relocation
Total 134 linear feet permanent impacts
280 linear feet temporary im acts
2. All temporary fill shall be removed and the impacted area returned to the original grade, including the stream's
original cross sectional dimensions, planform pattern, and longitudinal bed and bed profile after construction is
complete, and the site shall be stabilized with natural vegetation and restored to prevent erosion.
3. 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].
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Nicholas Nadolski, Pizzagalli Construction Co. (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401

Mr. David Saunders
DWQ# 09-0573 modification
March 15, 2010
Page 3 of 3
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature: Date:
Agent's Certification
hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registration No.
Date