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HomeMy WebLinkAbout20120100 Ver 3_Approval Letter_20160926Water Resources ENVIRONMENTAL (DUALITY September 26, 2016 City of Winston Salem Attn: Andy Allen, Special Projects Coordinator PO Box 2811 Winston Salem NC 27102 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary S. JAY Z[MMERM:AN Director DWR #2012-0100 v3 Forsyth County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Salem Creek Stream Improvements (City Yard Pond) Dear Mr. Allen: You have our approval for the impacts listed below for the purpose described in your application dated August 12, 2016, received by the Division of Water Resources (Division) August 30, 2016. 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 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: 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 Salem Creek 628 linear feet 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)] 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 City of Winston Salem DW R# 2012-0100 v3 401 APPROVAL Page 2 of 3 3. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. 4. All material used for streambank stabilization and in -stream structures will be clean rock and uncontaminated soils. 5. Visual monitoring of the restored/relocated streambanks, re-established buffer vegetation, and all in -stream shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually (particularly after storm events) until it is determined that all structures and stream banks are stable and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement to ensure the stability and water quality of the stream and downstream waters. 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 http://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 DEQ: Sam Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 City of Winston Salem DWR# 2012-0100 v3 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 3885 cc: Alex Baldwin, Stantec Consulting Services Inc. (via email) John Thomas, USACE Raleigh Regulatory Field Office (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file