20071783 Ver 2_Approval Letter_20080715

O?O? W AT ?9QG
? r
o lii? _1c
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
July 15, 2008
DWQ# 07-1783 ver 2
Guilford County
Mr. Keith Pugh
City of High Point - Engineering Services
211 South Hamilton Street, Suite 210
High Point, NC 27260
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Pugh:
You have our approval, in accordance with the attached conditions, to place permanent fill in 149 linear feet of an
unnamed tributary of Deep River and to permanently fill 0.044 acres of forested wetland in order to extend North
Pendleton Street on new location in high Point, NC in Guilford County, as described in your application received by the
Division of Water Quality (Division) on June 12, 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.ncwaterquality.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 Stream Impact length feet
Stream Impact #1 Unnamed Tributary to Deep River 149
Total 149
Identifier T e of Impact Impact area acres
Wetland Impact #1 Permanent Fill 0.044
Total 0.044
2.
N e hCarolina
Noaturatty
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.ncwateMuality.org
An Equal Opportunity/Affirmative Action Employer - 50%a Recycled/10% Post Consumer Paper
Mr. Keith Pugh
July 15, 2008
DWQ # 07-1783 ver 2
Page 2
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B .0250, you have
provided the Division with Level Spreader designs dated January 1, 2008. The DWQ believes that if
implemented, as per these plans, diffuse flow will be achieved. However, if diffuse flow as per 15A NCAC 02B
.0250 has not been achieved, then the Division shall be notified and corrective actions to restore diffuse flow shall
be taken if necessary to impede the formation of erosion gullies. At no time shall stormwater from the proposed
development be piped directly through the buffer without prior written authorization by Division.
4. The structural stormwater practices as approved by this Office, as well as drainage patterns, must be maintained in
perpetuity. No changes to the structural stormwater practices shall be made without written authorization from
the Division of Water Quality.
The outside buffer, wetland or water boundary and along the construction corridor within these boundaries
approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility
material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land
disturbing activities.
6. Please note condition #5 in the attached General Certification which requires all work to be done "in the dry".
7. 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,
?5?, e,?001002_e
Coleen H. Sullins, Director
Division of Water Quality
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Denise Poulos, ECS Carolinas LLP, 4811 Koger Boulevard, Greensboro, NC 27407
Kelway Howard, III, P.E., Timmel Assoc., 601 N. Trade Street, Suite 200, Winston-Salem, NC 27101
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401
Mr. Keith Pugh
July 15, 2008
DWQ # 07-1783 ver 2
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:
Agent'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:
Engineer's Certification
Partial Final
Date:
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