20081335 Ver 2_Approval Letter_20081028

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Dave Smith, President
Lake Hills Homeowners Association
PO Box 383
Pfafftown, NC 27040
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Smith
Coleen H. Sullins, Director
Division of Water Quality
October 28, 2008
DWQ# 08-1335
Forsyth County
You have our approval to conduct stream restoration activities, in accordance with the attached conditions, along a total
of approximately 3080 existing linear feet of Mill Creek #3 located on your property near Bethania, NC in Forsyth
County, as described in your application received by the Division of Water Quality on August 28, 2008. In addition, 8.5
acres of wetlands will be created within the Mill Creek #3 floodplain as part of this project. After reviewing your
application, we have determined that this activity is covered by General Water Quality Certification Number 3689,
which can be viewed on our web site at htt-p://www.ncwaterqualiiy.org/wetlands.html. This Certification allows you to
use Nationwide Permit Number 27 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, Non-Discharge, and Water Supply Watershed regulations.
Also, this approval will expire when the accompanying 404 permit expires 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. 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:
Impacts
Location Identifier Amount Approved
linear feet Type of Impact
Mill Creek #3 3080 Re-align channel, install rock cross-vanes
and other stabilization structures, reshape
bank and vegetation planting.
Total - 3080 linear feet
2. This authorization does not include the creation of a 3.2 acre lake which has been requested under separate
application and if approved will be authorized separately from this approval.
Noe Carolina
?tura!!y
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.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Mr. Dave Smith
Lake Hills Stream Restoration
October 28, 2008
Page 2
3. Native vegetation shall be used throughout this project within the areas identified for planting in the application
documentation. All tree and shrub plantings shall be protected from mowing or clearing.
4. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small
animals.
5. Visual monitoring of the restored stream and created wetlands shall be conducted at a minimum of quarterly for
the first year or two bankfull events (whichever is longer), and then annually until it is determined that all
structures and stream banks are stable (particularly after storm events) 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.
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 NC Division of Water Quality at the
address listed on the form. Along with the Certificate of Completion, please send photographs showing the
restored stream reach.
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 telephone Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or
Ian McMillan in the Wetlands/40 1. Central Office in Raleigh at 919-715-4631.
Sincerely,
oleen H. Sullins, Director
Division of Water Quality
Attachments
cc: Rocky Powell, Clear Creeks Consulting, 1317 Knopp Rd, Jarrettsville, MD 20184
John Thomas, Army Corps of Engineers, Raleigh Regulatory Field Office
DWQ Winston-Salem Regional Office
DWQ Wetlands/401