20110889 Ver 1_Approval Letter_20111013

F-WAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Joseph Phagan
108 Hendrix Dr.
Kernersville, NC 27284
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Phagan:
October 13, 2011
DWQ# 11-0889
Forsyth County
You have our approval, in accordance with the attached conditions; to permanently impact 149 feet of stream
in order to enhance and stabilize a driveway on your property at 108 Hendrix Dr., Kernersville NC in Forsyth
County, as described in your application received by the Division of Water Quality (Division) on October 3,
2011. After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number and 3821, which can be viewed on our web site at
http://www.ncwaterquality.org/wetlands.html. This Certification allows you to use Nationwide Permit
Number 29 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:
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:
2. Stream Impacts
Identifier Waterbody Imp act
Site 1 Unnamed tributary to Smith Creek 149 linear feet
Total 149 linear feet permanent im act
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
North Carolina
;Vaturallry
Joseph Phagan
DWQ# 11-0889
October 13, 2011
Page 2 of 4
Please be aware that by having impacted waters without first applying for and securing the issuance of a 401
Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC)
2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into navigable waters, including
wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of the
Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water
Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of $25,000.00 per day for each violation.
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)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401