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HomeMy WebLinkAbout20110063 Ver 1_Approval Letter_20110209~~~ ~~~~ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Pertlue CDleen H. Sullins Dee Freeman Governor Director Secretary February 9, 2011 DWQ# 11-0063 Forsyth County Julia Cherry, Stormwater Administrator Village of Clemmons PO Box 1710 Clemmons, NC 27012 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Ms. Cherry, You have our approval to conduct stream restoration and stabilization activities, in accordance with the attached conditions, along a total of approximately 179 linear feet of an unnamed tributaries to Muddy Creek located in the Village of Clemmons in Forsyth County, as described in your application received by the Division of Water Quality on January 20, 2011. After reviewing your application, we have determined that this activity is covered by General Water Quality Certification Number 3689, which can be viewed on our web site at http://www.ncwaterquality.org;/wetlands.html. This Certification allows you to use Nationwide Permit Number 27 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 permit expires 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. 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: Impacts Location Identifier Amount Approved Type of Impact linear feet UT1 179 Remove pipe, create open stream channel. Install stabilization structures, shape bank and vegetation lantin . Total 1791inear feet 2. The Permittee shall conduct a preconstruction meeting with the project designer and construction contractor. The Pernuttee shall discuss permit constraints and conditions with all involved parties. The Division shall be notified of the meeting two weeks prior to its scheduled date 3. Native vegetation shall be used throughout this project. All tree and shrub plantings within the proposed planting buffer on both sides of the stream shall be protected from mowing or clearing. 4. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 One Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748 NorthCarolina Internet: www.ncwaterquality.org ~aturaltr~ An Equal Opportunity 1 Affirmative Action Employer Village of Clemmons DWQ# 11-0063 February 9, 2011 Page 2 of 3 5. Water shall not be released into the new channel until the stream and banks are stabilized with vegetation, or sufficient natural matting. The Division must conduct a site inspection to confirm stability prior to releasing water into the new channel. 6. Visual monitoring of the new stream channel shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until it is determined that all structures and stream banks are stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement to ensure the stability and water quality of the stream and downstream waters. 7. 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 NC Division of Water Quality at the address listed on the form. Along with the Certificate of Completion, please send photographs showing the restored stream reach. 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 telephone Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631. Sincerely, Coleen H. Sullins, Director '~ Division of Water Quality Attachments cc: John Thomas, Army Corps of Engineers, Raleigh Regulatory Field Office (via email) Betty Farr, JEWEL Engineering (via email) DWQ Winston-Salem Regional Office DWQ Wetlands/401