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Home My WebLink About20120395 Ver 1_Approval Letter_20120507I North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklid P E Dee Freeman Governor Director Secretary May 7 2012 DWQ# 12 0395 Stokes County Ms Charlotte Klappert & Stephen Boutwell 5278 Sweetwater Court Greensboro NC 27407 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Ms Klappert & Mr Boutwell You have our approval in accordance with the attached conditions, to permanently impact 0 10 acres of wetlands and 100 feet of stream in order to construct a small pond on your property in Stokes County as described in your application received by the Division of Water Quality (Division) on April 20 2012 After reviewing your application we have determined that this fill is covered by General Water Quality Certification Number and 3890, 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 unpacts including incidental impacts are approved Stream Impacts Identifier Waterbody Impact Site S1 Unnamed Tributary to Mill Creek 100 linear feet Total 100 linear feet permanent impact North Carolina Division of Water Quality Winston -Salem Regional Office Location 585 Waughtown St Winston -Salem North Carolina 27107 Phone 336 7715000 \ FAX 336 771 -46301 Customer Service 1- 877 -623 -6748 Internet www ncwaterquality org An Equal Opportunity 1 Affirmative Action Employer NorthCarohna Charlotte Klappert & Stephen Boutwell DWQ# 12 0395 May 7 2012 Page 2 of 3 Wetland Imnacts Identifier Type of Impact Impact Site W1 Fill / Flooding 0 10 acres Total 010 acres permanent impact 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 Admmnistrative 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 sue homewood@ncdenr gov Sincerely Charles Wakild P E Director Division of Water Quality cc John Thomas U S Army Corps of Engineers Raleigh Regulatory Field Office (via email) William E Mitchell Assoc 1903 C Ashewood Ct Greensboro NC 27455 DWQ Winston Salem Regional Office DWQ Wetlands /401