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HomeMy WebLinkAbout20100996 Ver 1_Approval Letter_20101229ti NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director December 29, 2010 Stokes County NCDWQ Project No. 2010-0996 Susan Dusenbury Project APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. DeVries GeoScience and Technology, P.A. 2050 Northpoint Drive Suite A Winston Salem, NC 27106 Dear Mr. DeVries: Dee Freeman Secretary You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of establishing a private grassed runway for landing personal antique aircraft in Stokes County: Stream Impacts in the Roanoke River Basin Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Fill Total Stream Stream in Intermittent Intermittent Perennial Stream in Perennial Impact Impacts Stream (linear Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring ft) Mitigation linear ft 1 120 120 0 120 120 0 Total Total Stream Impact for Project: 120 linear feet. Wetland Impacts in the Roanoke River Basin Site Fill (ac) Fill (temporary) (ac) Excavation (ac) Total Wetland Impact (ac) W1 0.022 0.022 W2 0.012 0.012 Total 0.022 0.012 0.034 Total Wetland Impact for Project: 0.034 acres. The project shall be constructed in accordance with your application dated received by the Winston Salem Regional Office November 23, 2010 and December 14, 2010. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3821. This certification corresponds to the Nationwide Permit 29 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. 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: m"v.nmaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. Additional Condition(s) of Certification: 1. You have indicated an impervious surface area of 0 % in the PCN Application dated received by the Winston Salem Regional office November 23, 2010 with additional information dated received December 14, 2010 and approved by this written 401 Water Quality Certification. You are reminded that if a compliance inspection determines that you have triggered Condition No. 12 in GC No. 3821, you will be required to develop, submit for DWQ approval, and implement Stormwater Management Plans. The stormwater management plan must include construction plans, specifications, stormwater BMP worksheets, and supporting calculations. The stormwater best management practices are required to be appropriate for the surface water classification and designed to remove at least 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. 2. The log sill structures installed at the inlet and outlet of the pipe at site S2 shall be visually monitored twice annually for a period of three years for stability with monitoring reports submitted to the DWQ. If at any point these structures become unstable, the DWQ shall be contacted to discuss appropriate corrective measures. At the end of three years, the DWQ shall be invited to a close out meeting to determine the success of the restoration activities. If the log sill structures are not stable, then mitigation or additional monitoring will be required for the impacted area. 3. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable at site W2, they shall be removed and the natural grade restored upon approval from the Division of Land Resources. 4. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 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 Amy Euliss at (336) 771-4959. Sincerely, U l?J - (?4? / Coleen H. Sullins Director Cc: Susan Dusenbury, 1374 Brook Cove Road, Walnut Cove, NC 27052 John Thomas, US Army Corp of Engineers, Raleigh Field Office Ron Linville, NC Wildlife Resources Commission Ian McMillan, Wetlands, 401 Permitting Unit John Hennessy, NPS Assistance and Compliance Oversight Unit File Copy NCDWQ 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 Transportation Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to NCDWQ 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: Agent's Certification Date: 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: Engineer's Certification Partial Final Date: 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