20110557 Ver 2_Approval Letter_20111011

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 11, 2011
Forsyth County
NCDWQ Project No. 20110557 v.2
Tar Creek Stabilization project
APPROVAL of MODIFICATION TO 401 WATER QUALITY CERTIFICATION with
ADDITIONAL CONDITIONS
Mrs. Ann Owens Cherry
4048 Mobley's Bridge Road
Grimesland, NC 27837
Dear Mrs. Cherry:
Dee Freeman
Secretary
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of the bank stabilization on the east bank of Tar Creek at 984 Peters Creek Parkway in Forsyth
County, NC:
Stream Impacts in the Yadkin River Basin
Site Permanent Fill Temporary Fill Total Stream Stream Impacts
in Perennial in Perennial Impact (linear Requiring
Stream (linear Stream (linear ft) Mitigation
ft ft linear ft
Original impacts 51 41 0
for Bank
Stabilization
Original impacts 20 20 0
for cross vein
installation
Revised impacts 164 164 0
for Bank
Stabilization and
Single Wing
Deflector
164 164 0
Total Revised
Impacts
Total Stream Impact for Project: 164 linear feet.
The project shall be constructed in accordance with your modification application dated received October
3, 2011. After reviewing your application, we have decided that these impacts are covered by General
Water Quality Certification Number 3689. This certification corresponds to the Nationwide Permit 13. In
addition, you should acquire any other federal, state or local permits before you proceed with your project
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
Aaturally
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.
This approval is valid solely for the purpose and design described in your application (unless modified
below). All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated July 18, 201 still apply except where superceded by this
certification. 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 along
with any additional conditions listed below:
Condition(s) of Certification:
1. The single wing deflector shall be visually monitored for stability for one year or two bank full
events, whichever is longer. This condition supercedes condition 2 of the original Water Quality
Certification dated July 18, 2011.
2. In stream work is allowable, but shall be minimized to the maximum extent practicable. This
condition supercedes condition 2 of the original Water Quality Certification dated July 18, 2011.
3. Sections of streams being impacted due to site dewatering activities shall be graded to their
preconstruction contours and revegetated with appropriate native species.
4. The outside buffer, wetland or water boundary located within the construction corridor approved
by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification.
5. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed
for stream stabilization shall be placed in stream channels in such a manner that it does not
impede aquatic life passage.
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
7. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or
other toxic materials.
8. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification.
9. The dimension, pattern and profile of the stream above and below the crossing shall not be
modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
10. The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.
12. A copy of this Water Quality Certification shall be maintained on the construction site at all times.
In addition, the Water Quality Certification and all subsequent modifications, if any, shall be
maintained with the City Engineer and the on-site project manager.
13. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters
associated with this permit without appropriate modification. Should waste or borrow sites, or
access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation
will be required since that is a direct impact from road construction activities.
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: [phone], 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 [phone].
Sincerely,
Coleen H. Sullins
Director
Cc: John Butler, Geoscience and Technology, 2050 North Point Dr. Winston Salem, NC 27106
John Thomas, US Army Corps of Engineers, Raleigh Field Office
Wetlands/401
File Copy
NCDWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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: 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
Date:
Partial Final
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