HomeMy WebLinkAbout20091183 Ver 2_Approval Letter_20160209Water Resources
ENVIRONMENTAL QUALITY
February 9, 2016
Justin Williamson
NCDNCR Division of Parks & Recreation
c/o Pilot Mountain State Park
Mail Service Center 1615
Raleigh, NC 27699-1615
PAT MCCRORY
Gmwrnor
DONALD R. VAN D.ER VAART
Secretary
S. JAY ZIMMERM.AN
DWR # 09-1183 v2
Surry County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Horne Creek Stream Crossings Repairs
Dear Mr. Williamson:
You have our approval for the impacts listed below for the purpose described in your application dated
February 3, 2016, received by the Division of Water Resources (Division) February 8, 2016, with
subsequent information on February 8, 2016. These impacts are covered by the attached Water Quality
General Certification Number 3883 and the conditions listed below. This certification is associated with
the use of Nationwide Permit Number 3 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)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Site 1
15 (linearfeet)
0 (linearfeet)
Site 2
15 (linearfeet)
0 (linearfeet)
Site 3
15 (linearfeet)
0 (linearfeet)
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-9800 \ FAX: 336-776-9797 \ Customer Service 1-877-623-6748
Internet: www.ncdenr.gov- www.ncwater.org
Pilot Mountain State Park
DWR# 09-1183 v2
401APPROVAL
Page 2 of 3
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 Certification(s)/Permit/Authorization and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
3. This authorization exempts the Permittee from meeting Condition #5 in the attached general
certification for the repair of three fords crossing Horne Creek. The Permittee shall take all
reasonable measures to keep heavy equipment out of the stream channel. 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. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B 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 http:Hwww.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) 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
Pilot Mountain State Park
DWR# 09-1183 v2
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.homewood@ncdenr.gov if you have any questions or concerns.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 3883
cc: Andy Williams, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file