The URL can be used to link to this page

Home My WebLink About20120774 Ver 1_Approval Letter_20121127&7Fa Rik ® NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Charles Wakild, P. E. Director Mr. Jeff Jurek NCDENR Ecosystem Enhancement Program 116 West Jones St. Suite G111 Raleigh, NC 27603 Subject: Jacob's Ladder Restoration (NECEEP Project 95023) Dee Freeman Secretary November 27, 2012 DWQ# 12 -0774 Rowan County APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Jurek: You have our approval, in accordance with the general certification and those conditions listed below, to impact 5,119 linear feet (If ) of unnamed tributaries to Irish Buffalo Creek order to complete the stream restoration project in Rowan County, as described in your application received by the Division of Water Quality (DWQ) on October 10, 2012. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3885, which can be viewed on our web site at http: / /h2o.enr.state.nc.us /ncwetlands. The General Certification allows you to use Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you 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. 1617 Mail Service Center, Raleigh, North Carolina 27699 - 1617 Location 512 N Salisbury St Raleigh, North Carolina 27604 rD 4 2012 Phone 919 - 807 -63001 FAX 919 - 807 -64921 Customer Service 1- 877 -623 -6748 Internet www ncwaterauahty om n An Equal Opportunity 1 Affirmative Aclion Employer -- et9+' &8� rthCarolina �tur�tllr� DWQ 2012 -0774 In addition to the requirements of the certification, you must also comply with the - following conditions: 1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2. To the extent practicable, effort shall be made to maintain the existing tree canopy adjacent to the stream channel to maintain the existing thermal conditions of the impacted stream. A more site - specific approach in and along the project area may be required during the restoration effort. 3. Storm water discharge structures at this site, to the extent practicable, shall be modified /constructed in a manner such that the potential receiving streams will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All construction activities associated with this project shall meet, and /or exceed, those requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water quality standards, statutes, or rules occur. 5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two months of the date the Division of Land Resources has released the project. 6. Approval of the restoration plan and issuance of the 401 Water Quality Certification means that DWQ has determined that the proposed activity will not remove or degrade significant existing uses of the surface water (15A NCAC 2H .0506(a)). The issuance does not represent an approval of credit yield for the project. 7. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. 8. Continuing Compliance. The applicant (Ecosystem Enhancement Program) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ 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, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers. provide public notice in accordance with 15A NCAC 2H .0503,_and provide- opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 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 that 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 Mr. Michael Burkhard in the Mooresville Regional Office at 704 - 663 -1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919 - 733 -9721. Sincerely, for Charles Wakild Attachments cc: Army Corps of Engineers, Asheville Eric Kulz NCDWQ MRO, Land Quality DWQ 2012 -0774