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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