20140276 Ver 1_Approval Letter_20140505

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory
Governor
Kenneth Black
120 Fairhaven Ct
Lewisville NC 27023
Water Quality Programs
Thomas A Reeder
Director
May 5, 2014
John E Skvarla, III
Secretary
DWR # 14 -0276
Forsyth County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
120 Fairhaven Ct streambank repair
Dear Mr. Black:
You have our approval for the impacts listed below for the purpose described in your
application dated February 17, 2014, received by the Division of Water Resources (Division)
March 21, 2014, with subsequent information on April 24, 2014 and May 1, 2014. These
impacts are covered by the attached Water Quality General Certification Number 3884 and the
conditions listed below. This certification is associated with the use of Nationwide Permit
Number 12 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.
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 are met. No other impacts are approved,
including incidental impacts.
Impact Area
Temporary /Permanent
Impact Amount
Streams
Temporary
170
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 to
Winston -Salem Regional Office
Location 585 Waughtown St Winston - Salem, North Carolina 27107
Phone [phone] FAX 336 - 771 -46301 Customer Service 1- 877 -623 -6748
Internet http Uportal ncdenr org /web /wq /ws
An Equal Opportunity 1 Affirmative Action Employer

Kenneth Black
DW R #14 -0276
401 APPROVAL
Page 2 of 3
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
3. Appropriate measures should be installed prior to any land clearing activities to protect
waters and wetlands from turbidity and/ or sedimentation. These measures should be
routinely inspected and properly maintained, and excavated materials should be
contained outside the wetland boundary. Excessive silt and sediment loads can have
numerous detrimental effects on aquatic resources including destruction of spawning
habitat, suffocation of eggs, and clogging of gills of aquatic species
4. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control
practices must be used to meet this standard.
5. The designer or his designee shall supervise the stream stabilization project.
6 Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals.
7. 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 the site is stable (particularly after storm events) and vegetation is
successful. Any failures of structures, stream banks, or vegetation may require future
repairs or replacement, which requires coordination with the Winston Salem Regional
Office to ensure the stability and water quality of the stream and downstream waters.
8. This authorization exempts the Permittee from meeting Condition #6 in the attached
general certification for the placement of material into the Reynolds Creek. The
Permittee shall take all reasonable measures to construct structures while keeping
heavy equipment out of the stream channel Stream flow will be diverted around work
areas as much as practicable. All reasonable steps must be taken to limit the amount of
disturbance in the channel and to therefore reduce downstream turbidity during
construction. This exemption does not relieve the Permittee of meeting stream
standards as indicated in 15A NCAC 0213.
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
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http: //www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the

Kenneth Black
DWR #14 -0276
401APPROVAL
Page 3 of 3
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8.00am and 5.00pm, excluding official
state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH.
If sending via US Postal Service If sending via delivery service (UPS, FedEx, etc)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
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 under section 401 of the Clean Water Act.
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
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3884
cc: Carl von Isenburg, Geoscience and Technology (via email)
John Thomas, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit