HomeMy WebLinkAbout20130994 Ver 1_Approval Letter_20131011AJ�WAo
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
October 11, 2013
DWQ # 13- 0994
Forsyth County
City of Winston Salem
Attn: Ron Hargrove.
101 N. Main St., City Hall, Suite 357
Winston Salem,.NC 27101
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Regency Drive Streambank Stabilization Project
Dear. Mr. Hargrove:
You have our approval for the impacts listed below for the purpose described in, your
application dated September 4, 2013, received by the Division of Water Resources - Water
Quality Programs (Division) on September 16, 2013 and additional information received on
October 4, 2013 and October 7, 2013. These impacts are covered by the attached Water
Quality General Certification Number 3885 and the conditions listed below. The General
Certification allows you to use Nationwide Permit Number 13 or 27 once it is issued to you by
the U.S. Army Corps of Engineers. In addition; 15A NCAC 02B.0267(9) indicates that impacts to
the protected riparian buffer are considered as exempt uses when a 401 Water Quality
Certification has been issued for the project. 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.
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification(s) /Permit /Authorization and is
responsible for complying with all conditions.
Winston -Salem Regional Office
Location: 585 WaughtownSt. Winston - Salem, North Carolina 27107
Phone: 336 - 771 -50001 FAX: 336 - 771-46301 Customer Service: 1-877-623-6748
Internet: www.ncwaterauality.orp
An Equal Opportunity) Affirmative Action Employer
City of Winston Salem
DWQ# 13- 0994
401 APPROVAL
Page 2 of 3
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Type of Impact
Temporary /Permanent
Amount Approved (Units)
Approved Impact (units)
Stream
Temporary
140 (linear feet)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
If you change your project, you must notify, the Division and you may be required t0
submit a new application package with the appropriate fee. If the property is sold, the
new owner must be given a copy of this approval letter and General
Certifications) /Permit /Authorization and is responsible for complying with all
conditions.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings. You may obtain a petition
form from the Office of Administrative Hearings at http : / /www.ncoah.c6m/ or call the OAH
clerk's office at (919) 431 =3000 for information.
i
Within sixty (60) calendar days of receipt of this Certification, you.must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1) E
copy along with any applicable filing fee is received in the Office of Administrative Hearings
during normal office hours ( Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided
the original and one copy of the petition along with any applicable filing fee is received by the
Office of Administrative Hearings within five (5) business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
City of Winston Salem
DWQ# 13 -0994
401 APPROVAL
Page 3 of 3
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 - 1601
This letter Completes the review Of the Division of Water Quality under section 401 Of the Clean
Water Act and the Jordan Riparian Buffer Rules as described in 15A NCAC 02B .0267. Please
contact Sue Homewood at 336 - 771 -4964 or Sue. Homewood @ncdenr.gov if you have any
questions or concerns,
Sincerely,
{ W. Corey Basinger
Regional Supervisor
DWR Winston -Salem Regional Office
Enclosures: GC 3885
Certificate of Completion
cc: Marcus Kiser, City of Winston Salem (via email)
Mike Patton, City of Winston Salem (via email)
John Thomas, USACE Raleigh Regulatory Field Office (via email)
DWR -WQP WSRO 401 files
DWR -WQP Webscape Unit