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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