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HomeMy WebLinkAbout20120396 Ver 2_DOC011713-001 (401 for Moores)_20240105NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary January 17, 2013 DWQ# 12-0396 Surry County i Lin Xu NCEEP 2728 Capital Blvd, Suite 1H 103 Raleigh, NC 27604 APPROVAL of 401 Water Quality Certification with Additional Conditions { { Dear Mr. Xu, You have our approval to conduct wetland and stream restoration and enhancement activities, in accordance' with the attached conditions, within 0.02 acres of existing wetlands. and 15,091 linear feet of existing streams located in the Mount Airy area in Surry County, NC as described in your application for the Moores Fork Stream Mitigation Site received by the Division of Water Quality on December 6, 2012 and additional information received January 4, 2013. After reviewing your application, we have determined that this activity is covered by. General Water Quality Certification Number 3885, which can be viewed on our web site at http://www.newaterquality.org/wetlands.html. This Certification allows you to use Nationwide Permit Number 27 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 Sediment and Erosion 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 shall serve to qualify the project as an exempt activity under the Jordan Lake Riparian Buffer Rules 15A NCAC 02B .0267. 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 may be required to send us anew application for anew 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. For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 One Phone: 336-771-50001 FAX: 336-77146301 Customer Service:1-877-623-6748 NOrthCarollna Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NCEEP - Moores Fork Stream Mitigation DWQ# 12-0396 January 17, 2013 Page 2 of 4 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: Location Identifier Amount Approved Tye of Impact Wetland 2 0.009 acres Grading wetland to create restored stream channel alignment. Wetland 3 0.011 acres Grading wetland to create restored stream channel alignment. Moores Fork 5253 linear feet Restoration/Realignment,'see design. Silage Reach 3348 linear feet Enhancement, see design. Cow Reach 934 linear feet Enhancement, see design. Pond Reach 194 linear feet Restoration/Realignment. Barn Reach 3434 linear feet Enhancement, see design. Corn Reach / UT1 1928 linear feet Enhancement, see design. 2. The permittee shall coordinate a pre -construction meeting with the Division of Water Quality, Winston-Salem j Regional Office prior to commencing construction activities. 3. Vegetation monitoring should continue for 7 years per public notice issued by the Division on March 12, 2009 (http://portal.ncdenr.or web/wd/swp/ws/401/certsandpermits/mitigation/memos). Any large areas with poor vegetation survival shall be addressed; regardless of whether the area is within a monitoring plot or elsewhere within the project boundaries. 4. The permittee shall ensure that mature trees within the buffer areas will be protected as much as feasible during the construction of this project. 5. Water shall not be released into any new channels until the stream and banks are stabilized with vegetation; or sufficient natural matting. 6. Natural streambed material shall be harvested and relocated to appropriate locations within the restored channels to the maximum extent practical. 7. You have our approval for your proposed final stream enhancements/restorations plan. The stream restorations/enhancements must be constructed, maintained, and monitored according to the plans approved by this Office and this Certificate of Coverage. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. 8. Approval of the restoration/enhancement plan and issuance of the 401. Water Quality Certification means that DWQ has determined that the proposed activity will not remove or degrade significant existing uses of the surface water (15A NCAC 2H .0506(a)). The issuance does not represent an approval of credit yield for the project. 9. 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 the restored stream reach. NCEEP - Moores Fork Stream Mitigation DWQ# 12-0396 January 17, 2013 Page 3 of 4 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 Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or sue.homewood@ncdenr.gov. Sincerely, V Charles Wakild, P.E.; Director Division of Water Quality Attachments cc: Monte Matthews, Army Corps of Engineers, Raleigh Regulatory Field Office (via email) Todd Tugwell, Army Corps of Engineers (via email) DWQ Winston-Salem Regional Office DWQ Wetlands/401 NCEEP —,Moores fork Stream Mitigation DWQ# 12-0396 January 17, 2013 Page 4 of 4 DWQ Project No.: County:. Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion 1 Upon completion of all work approved within the 401 Water. Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by { the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of i these: Applicant's Certification I; ,hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water .Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I; , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final as a duly registered Professional Engineer in the State of North Carolina; having been authorized to observe (periodically, weekly, full time) the construction of the project;for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date