20091169 Ver 1_Approval Letter_20110921

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NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Resources
Dee Freeman
Secretary
September 21, 2011
DWQ# 09-1169
Rockingham County
John Hutton
Wildlands Engineering Inc
5605 Chapel Hill Rd, Suite 122
Raleigh, NC 27607
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hutton,
You have our approval to conduct wetland and stream restoration and enhancement activities, in accordance with the
attached conditions, within 5.14 acres of existing wetlands and 4,764 linear feet of existing streams located in the
Reidsville area in Rockingham County, as described in your application for the Little Troublesome Creek Mitigation
Site received by the Division of Water Quality on July 1, 2011 and additional information received September 6, 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.ncwaterguality.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 shall serve to qualify the project as an exempt activity under the
Jordan Lake Riparian Buffer Rules 15A NCAC 02B .0267.
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:
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
NorthCaroihna
Aatumlly
Little Troublesome Creek Mitigation Site
DWQ# 09-1169
September 21, 2011
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:
Location Identifier Amount Approved Type of Impact
Wetland BB 0.086 acres Fill wetland to create restored stream channel
alignment.
Wetland BB 1.30 acres Temporary impact for wetland enhacement.
Wetland CC 0.03 acres Fill wetland to create restored stream channel
alignment.
Wetland CC 0.06 acres -
Temporary impact for wetland enhacement.
Wetland WL-1 0.9 acres Temporary impact for enhancement of existing
wetland.
Wetland WL-2 2.76 acres Temporary impact for enhancement of existing
wetland.
Little Troublesome
Creek 887 linear feet Restoration/Realignment, see design.
Irvin Creek 3544 linear feet Restoration/Realignment, see design.
UT1 161 linear feet Restoration/Realignment, see design.
UT2 87 linear feet Fill for realignment of Irvin Creek.
UT4 130 linear, feet Fill for realignment of Irvin Creek.
UT4 42 linear feet Enhancement, see design.
2. The Permittee shall ensure the wetland hydrology success criteria specify continual saturation or inundation for
7.5% of the growing season.
3. Vegetation monitoring should continue for 7 years per public notice issued by the Division on March 12, 2009
(h_tt,p://portal.ncdenr.or web/wq/svm/ws/401/certsandpermits/mitigation/memos). Any large areas with poor
vegetation survival shall be addressed, regardless of whether the area is within a monitoring plot or elsewhere
within the project boundaries.
4. The permittee shall ensure that mature trees within the buffer area will be protected as much as feasible during the
construction of this project.
5. Water shall not be released into the new channel until the stream and banks are stabilized with vegetation, or
sufficient natural matting.
6. Natural streambed material shall be harvested and relocated to appropriate locations within the restored channels
to the maximum extent practical.
7. You have our approval for your proposed final wetland and stream enhancements/restorations plan. The wetland
and stream restorations/enhancements must be constructed, maintained, and monitored according to the plans
approved by this Office and this Certificate of Coverage. Any repairs or adjustments to the site must be made
according to the approved plans or must receive written approval from this Office to make the repairs or
adjustments.
8. Approval of the restoration/enhancement plan and issuance of the 401 Water Quality Certification means that
DWQ has determined that the proposed activity will not remove or degrade significant existing uses of the surface
water (15A NCAC 2H .0506(a)). The issuance does not represent an approval of credit yield for the project.
Little Troublesome Creek Mitigation Site
DWQ# 09-1169
September 21, 2011
Page 3 of 4
9. 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
[e-mail].
Sincerely,
?y Coleen H. Sullins, Director
Division of Water Quality
Attachments
cc: Andy Williams, Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Todd Tugwell, Army Corps of Engineers (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401
Little Troublesome Creek Mitigation Site
DWQ# 09-1169
September-21, 2011
Page 4 of 4
DWQ Project No.:
Applicant:
County:
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:
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