20081111 Ver 1_Approval Letter_20081117

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
November 17, 2008
DWQ# 08-1111
Watauga County
Mr. Barry Siegal
BCS Holdings
PO Box 8306
Greensboro, NC 27419
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Siegal:
You have our approval, in accordance with the attached conditions, to permanently impact 110 linear feet of
an unnamed tributary to Muddy Creek and to temporarily impact 97 linear feet of unnamed tributary to
Muddy Creek, to install a road crossing and temporary access crossing for the Robinhood Manor housing
development located in Winston-Salem in Forsyth County, as described in your application received by the
Division on July 17, 2008, and additional information received on October 9, 2008. After reviewing your
modification application, we have determined that this fill is covered by General Water Quality Certification
Numbers 3705, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands/rd_wetlands_ certifications.htm. This Certification allows you to use
Nationwide Permit Number 29 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 (including trout buffer waivers
as necessary), Non-Discharge, State Stormwater, 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:
None Carolina
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.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Robinhood Manor
November 17, 2008
DWQ # 08-1111
Page 2
1. 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
Site #1 -Road Crossing Unnamed Tributary to Muddy
Creek 110 linear feet permanent
30 linear feet temporary
Site #2 - Temporary Access
Crossing Unnamed Tributary to Muddy
Creek 67 linear feet temporary
Total 207 linear feet
2. The Permittee shall conduct a pre-construction meeting between the design engineer, the project
manager, the contractor, and any other essential parties, prior to commencing the work approved by this
certification. Specific details and conditions of this approval shall be discussed at the pre-construction
meeting.
3. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification shall be clearly marked by highly visible fencing prior to any land disturbing activities.
Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification.
4. The final, written stormwater management plan approval on letterhead from the reviewing local
government or agency and one copy of the approved stormwater management plan, including plan
details, calculations and other supporting information, must be received by this Office before the
impacts specified in this Certification occur per Condition No. 12 in GC No. 3705. Also, before any
permanent building is occupied at the subject site, the facilities shall be constructed and operational, and
the stormwater management plan shall be implemented. The approved structural stormwater practices 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.
5. All temporary fill and culverts shall be removed and the impacted area returned to the original grade,
including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed and
bed profile after construction is complete, and the various sites shall be stabilized with natural woody
vegetation (except for the maintenance areas of permanent utility crossings) and restored to prevent
erosion. If the crossings are not completely removed and restored as described above within the
specified time above, additional written approval from this Office must be obtained to modify this
condition.
6. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters
and protective buffers in order to assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place at the time of recording of the property, or of individual lots,
whichever is appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands/applying.html. The text of the sample deed notification
may be modified as appropriate to suit to this project.
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.
Robinhood Manor
November 17, 2008
DWQ # 08-1111
Page 3
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,
(4
H. Sullins, Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Michael Wescott, Westcott, Small & Assoc. 4015 Meeting Way, Suite 105, High Point, NC 27265
DWQ Winston-Salem Regional Office
DWQ Wetlands/401
Robinhood Manor
November 17, 2008
DWQ # 08-1111
Page 4
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.
I, Applicant's Certification
, 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_,zent's Certi acation
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
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