HomeMy WebLinkAbout20120254 Ver 1_Approval Letter_20120312NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaies P -rdue Charles Waktld P E
Governor Dir�ctcr
March 12 2012
Forsyth County
NCDWQ Project No 20120254
Lansing Drive Sidewalk Improvements
City Project No 201111
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr Todd Love P E
City of Winston Salem
PO Box 2511
Winston Salem NC 27102
Dear Mr Love
De c7reeman
Secretari
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
constructing sidewalk improvements along an existing portion of Lansmg Drive in Forsyth County
Stream Impacts in the Yadkin River Basin
Site
Permanent Fill in
Temporary Fill in
Permanent Fill in
Temporary Fill in
Total Stream
Stream
Intermittent
Intermittent Stream
Perennial Stream
Perennial Stream
Impact
Impacts
Stream (linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
Requiring
Mitigation
linear ft)
1
32
22
54
0
32
22
54
0
Total
Total Stream Impact for Project 54 linear feet
The project shall be constructed in accordance with your application dated received March 12 2012 After
reviewing your application we have decided that these impacts are covered by General Water Quality Certification
Number 3820 This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers In
addition you should acquire any other federal state or local permits before you proceed with your project 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)
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 l.)0 linear feet compensatory mitigation may be required as
described in 15A NCAC 2H 006 (h) (6) and (7) For this approval to remain valid you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below
North Carolina Dives on of Water Quality Winston Salem Regional Office
Location 585 Waughtown St Winston Salem North Carolina 27107
Phone 3'0 771 50001 FAX 336 771 -4630
Internet www ncvaterquality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarollna
Naturally
Conditions) of Certification
1 Any changes to post construction stormwater shall be submitted to the Division for approval
2 During the construction of the project no staging of equipment of any kind is permitted in waters of the
U S or protected riparian buffers
3 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
4 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
5 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
6 Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream
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 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
10 The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law If NCDWQ determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State
or federal law is being violated or that further conditions are necessary to assure compliance NCDWQ may
reevaluate and modify this certification
11 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 Division Engineer and the on site project manager
12 The issuance of this certification does not exempt the Permittee from complying with any and all statutes
rules regulations or ordinances that may be imposed by other government agencies (i e local state and
federal) having jurisdiction including but not limited to applicable buffer rules stormwater management
rules soil erosion and sedimentation control requirements etc
13 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery
14 Upon completion of the project (including any impacts at associated borrow or waste sites) the City of
Winston Salem Engineer shall complete and return the enclosed Certification of Completion Form to notify
NCDWQ when all work included in the 401 Certification has been completed
15 Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction
16 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 hearmgs 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 Hearm2s during normal office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8 00am and 5 OOpm 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 (,)) business days following the faxed transmission
The mailing address for the Office of Administrative Hearmgs is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone (919) 7» 2698 Facsimile (919) 7.» >478
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 ( -136)771 4959
Sincerely
Charles Wakild
-� Director
Cc John Thomas US Army Corps of Engineers Raleigh Field Office (electronic copy only)
Wetlands /401 Transportation Permitting Unit
I File Copy