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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