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HomeMy WebLinkAbout20090495 Ver 1_Approval Letter_20090820 Beverly Eaves Perdue Governor AVA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H, Sullins Director Dee Freeman Secretary August 20, 2009 DWQ# 09-0495 Davie County Mr. Willaim Junker 136 Triple 1. Lane Mocksville, NC 27028 Re: Section 401 Water Quality Certification application Dear Mr. Junker: You have our approval, in accordance with the attached conditions, to place fill and permanently impact 290 linear feet of an unnamed tributary to Bear Creek to install a driveway crossing for the Davie Kidney Center located in Mocksville, NC in Davie County, as described in your application received by the Division on May 1, 2009, and additional information received on July 20, 2009 and August 17, 2009. 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 39 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: Identifier Stream Impact length Site S 1 Unnamed Tributary to Bear Creek 290 feet permanent impact Total 290 linear feet North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown SI. Winston-Salem, North Carolina 27107 Phone: 336-771-5000 \ FAX: 336-771-4630 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org N~rth Carolina )Vall/fallll An Equal Opportunity \ Affirmative Action Employer Mr. William Junker DWQ# 09-0495 August 20, 2009 Page 2 of 4 2. The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with GC 3705. 3. The final, written stormwater management plan approval on letterhead from the reviewing 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. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) 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. 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 sue.homewood@ncmail.net. ;J;:d- / Coleen H. Sullins, Director ~ Division of Water Quality cc: John Thomas, U. S. Anny Corps of Engineers, Raleigh Regulatory Field Office (via email) Ken Binkley, Stimmel Assoc. (via email) DWQ Winston-Salem Regional Office DWQ Wetlands/401