20150519 Ver 1_Approval Letter_20150625

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R, van der Vaart
Governor Secretary
June 25, 2015
City of Winston Salem
Attn: Michael Stover
PO Box 2511
Winston Salem NC 27103
DWR # 15 -0519
Forsyth County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Mill Creek, Salem Creek, UT to Salem Creek Stabilization Projects
Dear Mr. Stover:
You have our approval for the impacts listed below for the purpose described in your
application dated May 18, 2015, received by the Division of Water Resources (Division) May 26,
2015. These impacts are covered by the attached Water Quality General Certification Number
3885 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 13 or 27 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. [15A NCAC 02H .0506(b) and /or (c)]
Winston-Salem regional Office
location: 450 W. Hanes Mill Pd: Suite 300. VVinston- Salem, North Carolina 27105
Phone: [phone]M FAX: 336 - 776 -9797 Customer Service: 1 -877-623-6748
lntemet: htt0: portal.ncdem.org" oblviclAus
An Equal Opportunity, Affirmative Action Employer

City of Winston Salem
DWR# 15 -0519
401 APPROVAL
Page 2 of 4
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Stream
C Mill Creek 105 (linear feet)
Salem Creek 300 (linear feet)
' UT to Salem Creek 955 (linear feet)
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
Certifications) /Permit /Authorization and is responsible for complying with all
conditions. j15A NCAC 02H .0507(d)(2)]
3. The designer or his designee shall supervise the installation of in- stream structures.
[15A NCAC 02H .0506(b)(2)]
4. Native vegetation shall be used throughout this project. All tree and shrub plantings
within the proposed planting buffer on both sides of the stream shall be protected from
mowing or clearing. [15A NCAC 02H .0506(b)(2)]
5. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
6. 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.
[15A NCAC 02H .0506(b)(2) and (b)(3)]

City of Winston Salem
DWR# 15 -0519
401 APPROVAL
Page 3 of 4
7. This authorization exempts the Permittee from meeting Condition #7 (dewatering) in
the attached general certification for the placement of in- stream structure material into
the Mill Creek and Salem Creek. The Permittee shall take all reasonable measures to
construct in- stream 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 02B. [15A
NCAC 02H .0506(f)]
This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51
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 htti): / /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) 43173100, 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:
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

City of Winston Salem
DWR# 15 -0519
401 APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act..
Please contact Sue Homewood at 336 - 776 -9693 or sue.homewoodC@. ncdenr.jzov if you have any
questions or concerns.
Sincerely,
r
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3885
cc: Ray Bode, EEE Consulting, Inc (via email)
John Thomas, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file