20081606 Ver 1_Approval Letter_20081223

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

December 23, 2008
DWQ# 08-1606
Rockingham County

Mr. Sean Long
Belew Landing Development Co", LLC
PO Box 35571
Greensboro, NC 27425

APPROVAL of 401 Water Quality Certification with Additional Conditions

Dear Mr. Long:

You have our approval, in accordance with the attached conditions, to place fill and permanently impact 123
linear feet of an unnamed tributary to Belews Lake, to install a road crossing for the Crow's Nest at Belews
Landing Phase III Subdivision located near Stokes dale in Rockingham County, as described in your
application received by the Division on October 23, 2008, and additional information received on December
3, 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://h20.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:

N~IThCarolina
/Vntufnll!!

North Carolina Division of Water Quality 585 Waughtown Street
Winston-Salem Regional Office Winston-Salem, NC 27107
Internet: www.ncwaterquality.org

Phone [phone] Customer Service
Fax [phone]

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Sean Long
Crow's Nest at Belews Landing Phase III
December 23, 2008
DWQ # 08-1606
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 leneth
Site 1 Unnamed Tributary to Belews Lake 123 feet permanent impact
Total 123 linear feet

2" A preconstruction meeting to discuss in-stream work must take place between the design engineer, or
the Division of Water Quality, and the construction contractor prior to commencing the culvert
construction"

3. 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 401lWetlands 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.

4. 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,

~~

Coleen H. Sullins, Director
Division of Water Quality

cc: Andy Williams, U. S" Army Corps of Engineers, Raleigh Regulatory Field Office
Lesley England, Land Solutions, PO Box 35392 Greensboro, NC 27425-5392
DWQ Winston-Salem Regional Office
DWQ Wetlands/401