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Home My WebLink About20081163 Ver 1_Approval Letter_20090114 of( WA TI2Iy O~ Oc.. iij "7 - r > - _ -i o '( Bevery Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources CoJeen H. Sullins, Director Division of Water Quality January 14, 2009 DWQ# 08-1163 Rockingham County Mr. Charles Rakestraw Rakestraw Investment Co. Inc. PO Box 1 Stoneville, NC 27048 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Rakestraw: You have our approval, in accordance with the attached conditions, to place fill and permanently impact 253 linear feet of streams and to temporarily impact 20 linear feet of streams, to install a two road crossing and utility crossings for the Mayo Forest Subdivision located near Stoneville in Rockingham County, as described in your application received by the Division on July 30, 2008, and additional information received on October 30,2008 and December 12 , 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: 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: Total Identifier Site 1 Site 2 Site 3 Site 4 Site 5 Site 6 Site 7 Site 8 Stream Unnamed Tributary to Mayo River Unnamed Tributa to Ma 0 River Unnamed Tributary to Mayo River Unnamed Tributary to Ma 0 River Unnamed Tributary to Mayo River Unnamed Tributary to Mayo River Unnamed Tributa to Mayo River Unnamed Tributary to Mayo River North Carolina Division of Water Quality Winston-Salem Regional Office Internet: www.ncwaterquality.org 585 Waughtown Street Winston-Salem, NC 27107 Phone (336) 771-5000 Fax (336) 771-4630 Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mayo Forest January 14, 2009 DWQ # 08-1163 Page 2 2. 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. 3. Draining of the existing pond must be done in a manner that protects downstream waters and ensures compliance with state water quality standards. 4. 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://h20.enr.state.nc.us/ncwetlands/applying.html. The text of the sample deed notification may be modified as appropriate to suit to this project. 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 ofthe date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B ofthe 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 sue.homewood@ncmail.net. / ;t;rd- Co1een H. Sullins, Director Division of Water Quality cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office David Nashida, WNR, 3674 Pine Swamp Rd, Sparta, NC 28675 DWQ Winston-Salem Regional Office DWQ Wetlands/401