HomeMy WebLinkAbout20140944 Ver 1_Approval Letter_20141104LPIWi
PA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
November 4, 2014
Winston Salem City- County Utilities
Attn: Ron Hargrove
101 North Main St
Winston -Salem NC 27101
DW R # 14 -0944
Forsyth County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
South Fork Basin Improvements
Dear Mr. Hargrove:
You have our approval for the impacts listed below for the purpose described in your
application dated August 12, 2014, received by the Division of Water Resources (Division)
August 29, 2014, with subsequent information on October 16, 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 certifications) 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.
Winston Salem City County Utilities
DWR# 14 -0944
401APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Site 2
28 (linear feet)
25 (linear feet)
Site 3
0 (linear feet)
44 (linear feet)
Site 6
30 (linear feet)
26 (linear feet)
Site 7
0 (linear feet)
55 (linear feet)
Site 8
0 (linear feet)
61 (linear feet)
Site 10
30 (linear feet)
26 (linear feet)
Site 11a
0 (linear feet)
48 (linear feet)
Site 12
28 (linear feet)
32 (linear feet)
Site 17
0 (linear feet)
52 (linear feet)
Site 18
0 (linear feet)
40 (linear feet)
Site 19
0 (linear feet)
33 (linear feet)
Site 20
28 (linear feet)
41 (linear feet)
Site 21
0 (linear feet)
36 (linear feet)
Site 22
0 (linear feet)
48 (linear feet)
Site 23
0 (linear feet)
49 (linear feet)
Site 24
0 (linear feet)
40 (linear feet)
Site 25
0 (linear feet)
58 (linear feet)
Site 26
0 (linear feet)
42 (linear feet)
Site 27
0 (linear feet)
56 (linear feet)
Site 29
0 (linear feet)
31 (linear feet)
Site 30
0 (linear feet)
40 (linear feet)
Site 33
0 (linear feet)
40 (linear feet)
Site 34
0 (linear feet)
40 (linear feet)
Site 36
0 (linear feet)
40 (linear feet)
404/401 Wetlands
Site 1a and 1b
0.16 (acres)
0 (acres)
Site 1c
0 (acres)
0.04 (acres)
Site 4
0 (acres)
0.01 (acres)
Site 5
0 (acres)
0.03 (acres)
Site 9
0 (acres)
0.04 (acres)
Site 11a and 11b
0.06 (acres)
0.06 (acres)
Site 13
0.03 (acres)
0.19 (acres)
Site 14
0 (acres)
0.02 (acres)
Site 15
0 (acres)
0.03 (acres)
Site 16
0 (acres)
0.03 (acres)
Site 19
0 (acres)
<0.01 (acres)
Winston Salem City County Utilities
D W R# 14 -0944
401 APPROVAL
Page 3 of 5
Site 21
0
(acres)
0.04
(acres)
Site 28
0
(acres)
0.04
(acres)
Site 31
0
(acres)
0.09
(acres)
Site 32
0
(acres)
0.07
(acres)
Site 33
0
(acres)
<0.01 (acres)
Site 35
0
(acres)
0.07
(acres)
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
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.
The project shall comply with 15A NCAC 02T.0301 and all other State, Federal and local
sewer system regulations.
4. This authorization exempts the Permittee from meeting Condition #10 in the attached
general certification for the construction corridor paralleling the stream at Stream Site 21,
SF Station 13 +00 through Station 22 +00.
5. This authorization exempts the Permittee from meeting Condition #10 in the attached
general certification for perpendicular crossings of streams at Sites S3, S6, S7, S9, 515, S18
and S19.
6. The authorization exempts the Permittee from meeting Condition #16 in the attached
general certification for the width of the construction corridor in areas as specified on the
plans, tables and drawings submitted with the 401 Water Quality Certification application
and subsequent additional information.
7. This authorization exempts the Permittee from meeting Condition #17 in the attached
general certification for the width of the maintenance corridors. The permanent
maintenance corridor is limited to 20 feet at stream crossings and through wetlands.
8. The Permittee shall conduct a preconstruction meeting with the construction contractor
and the Division prior to disturbance at Stream Site 21, Station 13 +00 through Station
22 +00. The Division shall be notified of the meeting two weeks prior to its scheduled
date.
Winston Salem City County Utilities
DWRt# 14 -0944
401 APPROVAL
Page 4 of 5
9. At Stream Site 21, SF Station 13 +00 through Station 22 +00 stream banks shall be
protected to the maximum extent practical. Stream dewatering techniques shall be
utilized while work is being conducted in this area to avoid downstream sediment
movement. Stream banks shall be reconstructed to match the original pattern and
profile, and stabilized with erosion control matting for permanent stabilization. Any
areas that are reconstructed will be visually monitored by a qualified person for a
minimum of quarterly for one year after reconstruction.
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 1506 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
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:
!f sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Winston Salem City County utilities
DWR# 14 -0944
401 APPROVAL
Page 5 of 5
This letter completes the review of the Division under section 401 of the Clean Water Act /
Isolated Wetlands and Isolated Waters Rules. 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: Phil May, Carolina Ecosystems Inc. (via email)
John Thomas, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit