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HomeMy WebLinkAbout20120790 Ver 1_Approval Letter_20120919&� -' A q 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