HomeMy WebLinkAbout20071408 Ver 1_Approval Letter_20070913o`'~~ W a r~qQ~
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 13, 2007
DWQ# 07-1408
Forsyth County
Mr. Michael Newman
1733 Buena Vista Road
Winston-Salem, NC, 27104
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Newman:
You have our approval to conduct stream stabilization and enhancement activities, in accordance with the
attached conditions, along 110 linear feet of an unnamed tributary to Hanes Park Creek located at 1733 Buena
Vista Road in Winston-Salem, Forsyth County, as described in your application received by the Division of
Water Quality on July 11, 2007 and in additional information received by DWQ on August 16, 2007. After
reviewing your application, we have determined that this activity is covered by General Water Quality
Certification Number 3626, which can be viewed on our web site at http://www.ncwaterquality.org. This
Certification allows you to use Nationwide Permit Number 13 when it is issued by the U.S. Army Corps of
Engineers. In addition, you should secure any other applicable federal, state or local permits before you
proceed with your project, including (but not limited to) those required by Erosion and Sediment Control,
Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the
accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you maybe required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed one acre, or total fill to perennial streams equals or exceeds 150 linear
feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval
to be valid, you must follow the conditions listed in the attached certification, as well as the additional
conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Amount A roved Plan Location or Reference
Streams 1101inear feet Unnamed tributary to Hanes Park Creek located at 1733 Buena
Vista Road in Winston-Salem, Forsyth County, as shown on the
site map submitted with the Pre-Construction Notification
Nose hCarolina
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North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet httpa/www.ncwateroualitV.orq
Customer Service Number: 1-877-623-6748
An Equal OpportunitylAffirmative Action Employer-50% Recycled/10% Post Consumer Paper
Mr. Michael Newman
Page 2, DWQ# 07-1408
September 13, 2007
2. Appropriate erosion and sediment control measures which equal or exceed those outlined in the most
recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance at all times with the North Carolina water quality standards
that are applicable to Class C waters as described in 1 SA NCAC 02B .0211, Fresh Surface Water Quality
Standards For Class C Waters. These measures must be maintained on all construction sites, borrow
sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are
associated with this project.
3. Erosion and sediment control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of erosion and sediment control measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project, if applicable, or otherwise when the project is
completed.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of erosion and sediment control "Best
Management Practices" shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
5. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been
completed. This certificate should be returned to the Winston-Salem Regional Office of the NC
Division of Water Quality at the address listed on the form. Along with the Certificate of
Completion, please send photographs showing all stabilized and enhanced stream reaches.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-
771-4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
Mr. Michael Newman
Page 3, DWQ# 07-1408
September 13, 2007
CHS/cdl
Attachments
cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy