Approval of 401 Water Quality Cert & Conditions_Springside Project Manual Feb2022

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
March 4, 2019
Forsyth County
NCDWR Project No. 20190145
Springside Pond and Culvert
Village of Clemmons
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mike Gunnell, Director
Public Works, Village of Clemmons
3800 Dillon Industrial Drive
Clemmons, NC 27012
( mgunnell'tr.clemmons.org)
Dear Mr. Gunnell:
You have our approval, in accordance with the conditions listed below for the following impacts to replace existing
culverts and drain a pond on Springside Drive in Forsyth County:
Stream Impacts in the Yadkin PeeDee River Basin.
Permanent Fill in Perennial Stream
Stream
Site
(linear ft)
Temporary Fill in Perennial
Impacts
Requiring
Stream (linear ft)
Mitigation
Culvert
RipRap
(linear ft)
1
20
54
-
-
Totals
20
54
-
-
Total Stream Impact for Project: 74 linear feet.
Open Water Impacts in the Yadkin PeeDee River Basin
Site
Permanent Fill in Open Waters
(ac)
Temporary Fill in Open Waters
(ac)
Impacts
Requiring
Mitigation
Culvert
Dewater
Fill
(linear ft)
1
0.02
-
-
-
2
-
0.02
-
-
3
-
-
0.05
-
Totals
0.02
0.02
1 0.05
-
Total Open Water Impact for Project: 0.09 acres
North Carolina Department of Environmental Quality I Division of Water Resources
EQ 7�> 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699 1617
rrir rl li n4 i iNk
919,707.9000

The project shall be constructed in accordance with your application dated January 30, 2019. After reviewing your
application, we have decided that the proposed impacts are covered by General Water Quality Certification (GC)
Number 4135. This GC corresponds to US Army Corps of Engineers Nationwide Permit 14. In addition, you should
acquire any other federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations. This approval will expire
with the corresponding 404 permit.
This approval is valid. solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. The permittee or its authorized agents shall notify DWR staff (at the email below) once the project begins so
that periodic inspections can be conducted. [I 5A NCAC 02H.0506(b)(2)]
2. The Permittee shall ensure that the final work adheres to the permit and to the permit drawings submitted for
approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
3. As site work progresses and it is observed that impacts to streams will change or if any modifications are
needed to permit drawings, the permittee shall notify DWR staff (at the email below) prior to commencing with
any further work.
General Conditions
1. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged
to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [I 5A NCAC
0213.0200]
2. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 021-1.0506(b)(3)]
3. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
4. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requirements of State and Federal law. If the NCDWR 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, the NCDWR may reevaluate and modify
this certification. [ 15A NCAC 0213.0200]
5. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Village Engineer
and the on -site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
6. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to

areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501
and .0502]
7. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
8. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [I 5A NCAC 02B.0506(b)(2)]
9. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project
by the end of the growing season following completion of construction. [ 15A NCAC 02H.0506(b)(3) and (c)(3)]
10. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites,
be located in wetlands or streams, compensatory mitigation may be required. [15A NCAC 02H.0506(b)(3) and
(c)(3)]
11. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
12. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall be
removed, and the natural grade restored upon completion of the project. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed -providing the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714

Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Dave Wanucha at [phone] or [e-mail].
Sincerely,
Linda Culpepper, Director
Division of Water Resources
Electronic copy only distribution:
Bryan Roden Reynolds, US Army Corps of Engineers, Charlotte Field Office
Claire Ellwanger, US Fish and Wildlife Service, Asheville Office
Marla Chambers, NC Wildlife Resources Commission
Cindy Lancaster, JEWELL Engineering Consultants, P.C. ([e-mail])
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