20091098 Ver 1_Approval Letter_20100322

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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. Michael Smith
Rockingham County
371 North Carolina 65
Wentworth, NC 27375
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Smith:
March 22, 2010
DWQ# 09-1098
Rockingham County
You have our approval, in accordance with the attached conditions, to place fill and impact 596 linear feet of an
unnamed tributary to the Jones Creek and 0.08 acres of riparian wetlands in order to install a road crossing and culvert
fill and project buildings and amenities for the Horse Park of the South Facility located in Reidsville, NC in
Rockingham County, as described in your application received by the Division on October 15, 2009, and additional
information received on December 18, 2009 and March 10, 2010. 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:
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
NorthCarolina
;Vaturallry
Mr. Michael Smith
DWQ# 09-1098
March 22, 2010
Page 2
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 SI UT to Jones Creek (perennial portion) 256 feet permanent impact
Site S2 UT to Jones Creek intermittent portion) 340 feet permanent impact
Total 596 linear feet permanent impact
Identifier T e of Impact impact area
Site W1 Fill 0.08 acres permanent impact
Total 0.08 acres permanent impact
2. Mitigation must be provided for the proposed impacts to 256 linear feet of perennial stream. You have proposed
to satisfy the mitigation requirement by permanent preservation of the remaining streams, a total of 2,857 linear
feet of channel with 50 foot wooded buffers on both sides of the streams, on this property as mitigation. The
preserved streams and buffers must be protected in perpetuity by use of a conservation easement or other similar
mechanism as part of the approved plans.
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. The outside buffer, wetland or water boundary and along the construction corridor within these boundaries
approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility
material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land
disturbing activities to ensure compliance GC 3705.
5. 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.
Mr. Michael Smith
DWQ# 09-1098
March 22, 2010
Page 3
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: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Michael Brame, ECS Carolinas (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401
Mr. Michael Smith
DWQ# 09-1098
March 22, 2010
Page 4
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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
1, , 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:
dent's Certification
1 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 Certi ication
Partial Final
1 , 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