HomeMy WebLinkAbout20090475 Ver 1_Approval Letter_20090522 W
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue COleen H. Sullins Dee Freeman
Governor Director Secretary
May 22, 2009
DWQ#09-0475
Forsyth County
Keith Huff
City of Winston Salem Stormwater Division
101 N.Main St, Suite 53
Winston-Salem,NC 27101
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Huff,
You have our approval to conduct stream stabilization activities, in accordance with the attached conditions, along a
total of approximately 376 existing linear feet of an unnamed tributary to Muddy Creek located on in the River Chase
Subdivision in Winston-Salem, NC in Forsyth County, as described in your application received by the Division of
Water Quality on April 24, 2009. 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
http://www.ncwateMualiiy.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:
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:
Impacts
Location Identifier Amount Approved Type of Impact
linear feet
Unnamed tributary to 376 Install constructed riffles, and other stabilization
Muddy Creek structures,reshape bank and vegetation planting.
Total 376 linear feet
North Carolina Division of Water Quality,Winston-Salem Regional Office
Location:585 Waughtown St.Winston-Salem,North Carolina 27107 One
Phone:336-771-50001 FAX:336-77146301 Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org ; l,ttuMAY
An Equal Opportunity 1 Affirmative Action Employer
Keith Huff
DWQ#09-0475
May 22, 2009
Page 2 of 3
2. Native vegetation, including grass and turf, shall be used throughout this project within the areas identified for
planting in the application documentation. All tree and shrub plantings within the proposed planting buffer on
both sides of the stream shall be protected from mowing or clearing.
3. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small
animals.
4. Visual monitoring of the stabilized stream 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.
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 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
bearing.
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 336-7714964 or
Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,
Q� ��
tColeen H. Sullins,Director
Division of Water Quality
Attachments
cc: John Thomas,Army Corps of Engineers, Raleigh Regulatory Field Office(via email)
Jay Lawson,Progress Environmental(via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401
Keith Huff
DWQ#09-0475
May 22, 2009
Page 3 of 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: Date:
Engineer's Certification
Partial Final
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