HomeMy WebLinkAbout20150958 Ver 1_Approval Letter_20151019North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 19, 2015
City of Winston Salem
Attn: Todd Love
100 East First St, Suite 235
Winston Salem NC 27102
Donald R. van der Vaart
Secretary
DW R # 15 -0958
Forsyth County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Cedar Trail Greenway Connection
Dear Mr. Love:
You have our approval for the impacts listed below for the purpose described in your application dated
September 10, 2015, received by the Division of Water Resources (Division) September 15, 2015, with
subsequent information on October 7, 2015. These impacts are covered by the attached Water Quality
General Certification Number 3886 and the conditions listed below. This certification is associated with
the use of Nationwide Permit Number 14 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)j
Type of Impact
Amount Approved
(units)
Permanent
Stream
S1 62 (linearfeet)
S2 0 (linear feet)
S3 0 (linear feet)
Winston Shce¢i 3c,8ionaal Office
Lorsill on: 1.,0`nrJlo,,es IvitI I Rd,>uiho 300, Wirmo Sa,r°., Nord' irohria 21105
Phour 336-7 'G FAX: iP6 U(+ 917 usio. r i -'ervic 877 623 6748
Internet: hup llporial.ncdenr.or /Ur hhvgJ�ms
An Iquol npportuniry \Affin'naliv Adiwi 517,;.oypr
Amount Approved (units)
Temporary
0 (linearfeet)
20 (linearfeet)
50 (linear feet)
City of Winston Salem
DWR# 15 -0958
401 APPROVAL
Page 2 of 3
2. This approval is for the purpose and design described in your application. The plans and
specifications forth is 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. [15A NCAC 02H .0507(d)(2)]
B. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A
NCAC 02H .0507 (c)]
This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B byfiling 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 htto: / /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 (Mondaythrough
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:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
City of Winston Salem
DWR# 15 -0958
401 APPROVAL
Page 3 of 3
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.Rov if you have any questions or concerns.
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3886
cc: John Thomas, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO401 file
DWR 401 & Buffer Permitting Unit file