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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 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