20081121 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
Mr. Gary White
Diamond W. Builders LLC
9814 US Hwy 311
Archdale, NC 27263
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. White:
March 15, 2010
DWQ# 08-1121
Randolph County
You have our approval, in accordance with the attached conditions, to place fill and impact 138 linear feet of Caraway
Creek and 0.493 acres of riparian wetlands in order to construct a road culvert and subdivision parcels within the
Diamonds Keep Subdivision in Archdale, NC in Randolph County, as described in your application received by the
Division on July 17, 2008, and multiple additional information documents received throughout 2008 and 2009. After
reviewing your modification application, we have determined that this fill is covered by General Water Quality
Certification Numbers 3705, 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 Number 39 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 (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 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:
Identifier Stream Impact length
Site CC 1 - culvert Caraway Creek 66 feet permanent impact
Site CC2 - riprap stabilization Caraway Creek 72 feet permanent impact
Total 138 linear feet permanent impact
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
Naturally
Diamond W. Builders LLC
DWQ# 08-1121
March 15, 2010
Identifier Wetland Type Impact area
Site NTl Riparian 0.254 acres permanent impact
Site NT2 Riparian 0.001 acres temporary impact
Site CTl Riparian 0.140 acres permanent impact
Site CT2 Riparian 0.051 acres permanent impact
Total 0.493 acres permanent impact
0.001 acres temporary impact
2. Since two culverts will be installed, the stream should only flow through one culvert during normal flow
conditions and through the other culvert only during flows above bankfull conditions. Floodplain benches should
be installed both above and below the culvert in order to restore natural channel dimensions upon installation of
the culvert. The benches should be constructed of natural materials.
The final, written stormwater management plans (including a signed and notarized Operation and Maintenance
Agreement) as approved by the Division of Water Quality, must be implemented and the stormwater management
facilities shall be constructed and operational before any permanent building is occupied at the subject site. The
structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in
perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the
Division of Water Quality.
4. 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)
Mack Summey, Summey Engineering Assoc. (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401
Diamond W. Builders LLC
DWQ# 08-1121
March 15, 2010
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
h , 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