Loading...
HomeMy WebLinkAbout20120723 Ver 1_Approval Letter_20120917North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary September 17, 2012 DWQ# 12 -0723 Forsyth County Mr. Larry Kirby Village of Clemmons PO Box 1710 Clemmons, NC 27012 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Kirby: You have our approval, in accordance with the attached conditions, to place fill and impact 0.041 acres of wetlands and 10 linear feet of jurisdictional streams to install the Village Point Lake Greenway in Clemmons, NC in Forsyth County, as described in your application received by the Division on July 7, 2012 and additional information received August 22, 2012. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3890, which can be viewed on our web site at http: //h2o.enr. state. nc. us/ ncwetlands/ rd_wetlands_certifications.htm. This Certification allows you to use Nationwide Permit Number 42 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 (including trout buffer waivers as necessary), Non - Discharge, State Stormwater, 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: Wetland Impacts Identifier Type of impact Impact Site 1 Fill 0.0008 acres permanent impact Site 2 Fill 0.015 acres permanent impact Site 3 Fill 0.012 acres permanent impact Site 4 Fill 0.007 acres permanent impact Site 5 Fill 0.0005 acres temporary impact Site 6 1 Fill 0.0056 acres temporary impact Total 1 0.041 acres impact North Carolina Division of Water Quality, Winston -Salem Regional Office Location. 585 Waughtown St. Winston - Salem, North Carolina 27107 Phone: 336 - 771 -50001 FAX 336 -771 -46301 Customer Service. 1-877-623-6748 Internet www.ncwaterquality org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Natmrally Village Point Lake Greenway DWQ# 12 -0723 September 17, 2012 Page 2 Stream sites Stream Impact length S1 Unnamed tributary to Johnson Creek 10 linear feet permanent impact Total 10 linear feet permanent impact 2. The diffuse flow plan approved by this office consists of grading and drainage patterns depicted on plan sheets dated May 2012. The plans approved by the DWQ are incorporated by reference and are enforceable by the DWQ provided however that any modification of the design for the stormwater management system that is accepted by the DWQ shall take precedence over the original plans and specifications. Additional drainage swales that are not shown on the plans dated May 2012 may not be added in the future without appropriate diffuse flow devices and approval from the DWQ. 3. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the 401 Certification has been completed. This certificate should be returned to the Winston -Salem Regional Office of the NCDWQ at the address listed on the form. 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, 6A; Charles Wakild, Director Division of Water Quality cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email) Mike Norris, McGill Associates (via email) DWQ Winston -Salem Regional Office r, D W_ _Q_W etl ands /_4017-