20130453 Ver 1_More Info Letter_20130603

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary

North Carolina Division of Water Quality, Winston Salem Regional Office
Location: 585 Waughtown St, Winston Salem NC 27107
Phone:[phone] \ FAX: [phone] \ Customer Service: 1 -877 -623 -6748
Internet: www.ncwaterquality.org

An Equal Opportunity \ Affirmative Action Employer

June 3, 2013

DWQ # 13 -0453
Forsyth County

CERTIFIED MAIL: 7012 2920 0000 3656 1103
RETURN RECEIPT REQUESTED

Winston Salem/Forsyth County Utility Commission
Attn: Ron Hargrove
Suite 357, City Hall, 101 North Main St
Winston Salem , NC 27101

Subject: NOTICE OF REQUIRED WRITTEN APPROVAL FOR COVERAGE UNDER A 401
WATER QUALITY CERTIFICATION
Janita Lakes Outfall Rehabilitation

Dear Mr. Hargrove :

On April 29, 2013 , the Division of Water Quality (Division) received a copy of your
application dated April 9, 2013 , for a 404 Nationwide Permit and coverage under a 401
Water Quality Certification for the subject project. The Division issues approvals in the form
of a Water Quality Certification in conjunction with the Permit issued by the US Army Corps
of Engineers (USACE).

Pursuant to GC #3884 , activities that do not meet one of the thresholds do not require
written approval from the Division as long as they comply with the conditions of the
Certification. If any of the conditions cannot be met, then written app roval from the
Division is required. Based on our review of the application, the Division has determined
that the subject project does not meet the following , and is not covered under GC #3884 :

1. Condition #10 states that when the construction corridor is parallel to the stream it
must be at least 10 feet from the top of bank for streams classified as C waters. It
appears that portions of this line do not meet th at criteria .

Winston Salem/Forsyth County Utilities Commission
DWQ# 1 3 -0453
Required Written Approval
Page 2 of 2

For the reasons listed above, your project as described in your application package requires
written approval from the Division to be covered under a 401 Water Quality Certification .
Y ou will need to apply directly to the Division for approval , which includ es a complete
application package using the Pre -Construction Notification Form (PCN) and the appropriate fee
and the appropriate number of copies . This form and instructions for proper submittal can be
found online at: http://www.saw.usace.army.mil/WETLANDS/pcn/.

Please be aware that you have no authorization under Section 401 of the Clea n Water Act
for this activity and any work done within waters of the state may be a violation of North
Carolina General Statutes and Administrative Code.

Please contact Sue Homewood at 3 36 -771 -4964 or S ue.Homewood @ncdenr.gov if you have
any questions or concerns.

Sincerely,

Sue Homewood
DWQ Winston -Salem Regional Office

cc: J ohn Grey, The Wooten Company (via email)
USACE, R aleigh Regulatory Field Office (via email)
DWQ W SRO 401 files
DWQ Webscape Unit