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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
September 19, 2012
DWQ# 12 -0790
Forsyth County
Curtis Swisher, Town Manager
Town of Kernersville
PO Box 728
Kernersville, NC 27285
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Swisher,
You have our approval to conduct stream restoration activities for the Duffiend Court Stream Repair and Stabilization
Project, in accordance with the attached conditions, along a total of approximately 117 existing linear feet of stream and
open waters located in Kernersville, NC in Forsyth County, as described in your application received by the Division of
Water Quality on August 21, 2012. After reviewing your application, we have determined that this activity is covered
by General Water Quality Certification Number 3885, which can be viewed on our web site at
hitp:// www. ncwatergualiiy .org/wetlands.html. This Certification allows you to use Nationwide Permit Number 13 or 27
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 permit expires 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. 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:
Location Identifier
Amount Approved
Type of Impact
Unnamed Tributary to
Smith Creek
117 linear feet
Repair and Stabilization, see design.
2. All bare soil shall be seeded and stabilized as soon as possible after ground disturbance. Native vegetation shall
be used throughout this project. All tree and shrub plantings within the proposed planting buffer shall be
protected from future mowing or clearing.
3. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small
animals.
North Carolina Division of Water Quality, Winston -Salem Regional Office
Location: 585 Waughtown St Winston - Salem, North Carolina 27107 One
Phone: 336- 771 -50001 FAX, 336- 771 -46301 Customer Service: 1-877-623-6748 NorthCa olina
Internet www.ncwaterquality.org �, yawnally
An Equal Opportunity 1 Affirmative Action Employer �/ G4i `
Duffield Court Stream Repair & Stabilization
DWQ# 12 -0790
September 19, 2012
Page 2 of 3
4. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or
two bankfull events (whichever is longer), and then annually until it is determined that all structures and stream
banks are stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream
banks, or vegetation may require future repairs or replacement to ensure the stability and water quality of the
stream and downstream waters.
5. 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 NC Division of Water Quality at the
address listed on the form. Along with the Certificate of Completion, please send photographs showing the
restored stream reach.
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 telephone Sue Homewood in the DWQ Winston -Salem Regional Office at 336 - 771 -4964.
Sincerely,
Charles Wakild, P.E., Director
Division of Water Quality
cc: John Thomas, USACE Raleigh Regulatory Field Office (via email)
Debbie Edwards, S &EC (via email)
DWQ Winston -Salem Regional Office
DWQ Wetlands /401