20080290 Ver 1_Approval Letter_20080623

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Ms. Andrea Keyser, P.E.
City of Winston-Salem - Engineering Dept.
PO Box 2511
Winston-Salem, NC 27102-2511
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 23, 2008
DWQ# 08-0290
Forsyth County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Keyser:
You have our approval, in accordance with the attached conditions, to place permanent fill in 205 linear feet of two
unnamed tributaries of Salem Creek in order to widen Old Lexington Road in Winston-Salem, NC in Forsyth County, as
described in your application received by the Division of Water Quality (Division) on February 12, 2008, and additional
information received on May 23, 2008. After reviewing your application, we have determined that this fill is covered
by General Water Quality Certification Number 3704, which can be viewed on our web site at
http://www.ncwaterqualiiy.org/wetlands.html. This Certification allows you to use Nationwide Permit Number 14
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, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying
404 permits expire unless otherwise specified in the General Certification.
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 a new application for a new 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. If total wetland fill for this project (now or in the future) exceeds one
acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification, as well as the additional conditions listed below:
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:
Identifier Sream Impact length feet
24+35-L- main channel Unnamed Tributary to Salem Creek 142
24+35-L- adjacent
intermittent channel Unnamed Tributary to Salem Creek 63
Total 205
2. The relocated/newly constructed portion of the adjacent intermittent channel shall be constructed to match the
channel pattern and dimensions with the portion of the channel that is not impacted upstream from the relocation.
No One
hCarolina
Naturally
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax [phone]
Internet: www.ncwatggUality-orQ
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Ms. Andrea Keyser, P.E.
June 23, 2008
DWQ # 08-0290
Page 2
Where multiple pipes or barrels are installed, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the
stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically
decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life
passage.
4. Please note condition #5 in the attached General Certification which requires all work to be done "in the dry".
5. 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 NCDWQ at the address listed on the form.
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 contact Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at
[e-mail].
Sincerely,
I /Z.
Coleen H. Sullins, Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
John Jamison, HDR Engineering, Inc., 3733 National Dr, Suite 207, Raleigh NC 27612-4845
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401
Ms. Andrea Keyser, P.E.
June 23, 2008
DWQ # 08-0290
Page 3
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
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
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:
A ent's Certi leation
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
I, , 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