20110531 Ver 1_Approval Letter_20110623

ALEW
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 23, 2011
DWQ# 11-0531
Robby Stone, P.E. Forsyth County
City of Winston-Salem
100 E. First Street, Suite 307
Winston-Salem, NC 27102
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Stone:
You have our approval, in accordance with the attached conditions, to place fill or otherwise impact 0.0125 acres of
wetlands, 0.4575 acres of open waters and 185 linear feet of stream in order repair the Lake Shattalon Dam in Winston-
Salem, NC in Forsyth County, as described in your application received by the Division of Water Quality (Division) on
May 31, 2011. After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 3687, which can be viewed on our web site at htip://www.ncwatergualily.ora/wetlands.html. This
Certification allows you to use Nationwide Permit Number 3 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:
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 Impacts
Identifier Stream Impact length (feet)
Site 1 - 3 Unnamed tributary to Muddy Creek 140 linear feet permanent impact
45 linear feet temporary impact
Total 140 linear feet permanent impact
45 linear feet tem ora 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
NorthCarolina
;Vatura!!rk
Robby Stone, P.E.
DWQ# 11-0531
June 23, 2011
Page 2 of 3
Wetland Im acts
Identifier Type of wetland Impact area (acres)
Wetlands 1 Forested flood lain depression 0.0125 acres pennarient impact
Total 0.0125 acres
Onen Wnterc Tmnnrtc
Identifier Type of Impact Impact area (acres)
Open Waters 1 New Riser Pipe and rira 0.0245 acres permanent impact
Open Waters 2 New outlet pipe temporary excavate and
backfill 0.105 acres temporary impact
Open Waters 3 Temporary cofferdam enclosure 0. acres temporary impact
Total 0.4575 acres
2. The plunge pool shall be installed such that natural stream patterns and profiles are maintained.
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.
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)
Gerald Pottern, Robert J. Goldstein & Assoc. Inc. (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401