20080978 Ver 2_Approval Letter_20100423

4
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. Gregg Stabler, Director
Davidson Water Inc.
PO Box 969
Welcome, NC 27374
APPROVAL of 401 Water Quality Certification with Additional Conditions
Isolated Waters Water Quality Certification with Additional Conditions
Dear Mr. Stabler:
April 23, 2010
DWQ# 08-0978 v2
Davidson County
You have our approval, in accordance with the attached conditions, to place permanent fill in approximately
0.067 acres of stream and temporarily fill 0.230 acres of stream in order construct a new raw water intake
structure on the Yadkin River at the DWI Water Treatment Plant, near Lexington, NC in Davidson County, as
described in your original application received by the Division of Water Quality (Division) on June 18, 2008
and the FONSI received by the Division on November 13, 2009. You also have our approval in accordance
with the attached conditions, to place permanent fill in 205 linear feet of perennial stream and to flood 0.414
acres of isolated wetlands in order to expand the DWI Water Treatment Plant in accordance with your
application received on March 12, 2010 and additional information received March 31, 2010. After
reviewing your documentation, we have determined that this fill is covered by General Water Quality
Certification Numbers 3688, 3705 and Isolated Wetlands Permit IWP100000, which can be viewed on our
web site at http://www.ncwateEquality.org/wetlands.html. Certifications 3688 and 3705 allow you to use
Nationwide Permit Numbers 33 and 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, 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:
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
NorthCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Davidson Water Inc.
DWQ# 08-0978
April 23, 2010
Page 2 of 4
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
Identifier Stream Impact area
Impact area 1 Yadkin River 0.230 acres temporary dewatering
Impact area 1 Yadkin River 0.067 acres permanent fill
Impact area 2 UT to Yadkin River 205 linear feet of permanent fill
Total 0.297 acres
205 linear feet
Wetland Identifier Type of Impact Impact area
Impact area 1 - Isolated Wetland Flooding 0.414 acres
Total 0.414 acres
2. Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you intend to purchase credits from the Fisher River Mitigation Bank in Surry County as described
in your application to meet this mitigation requirement. This contribution has been determined by the
Division to be a suitable method to meet the mitigation requirement. Until the Fisher River Mitigation
Bank receives and clears your check, and proof of payment has been provided to this Office, no impacts
specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization
Certificate authorizes payment into the Fisher River Mitigation Bank to meet the following
compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 205 (feet) 03040101
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.
Davidson Water Inc.
DWQ# 08-0978
April 23, 2010
Page 3 of 4
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].
SincereV'4-,
T Coleen H. Sullins, Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Brian Sexton, P.E., Marziano & McGougan P.A., 1300 Second Ave, Suite 211, Conway SC 29526
DWQ Winston-Salem Regional Office
DWQ Wetlands/401
Davidson Water Inc.
DWQ# 08-0978
April 23, 2010
Page 4 of 4
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
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:
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