20080889 Ver 2_Approval Letter_20090915

A ?A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Carl von Isenburg
Geoscience & Technology, P.A.
2050 Northpoint Dr., Suite A
Winston-Salem, NC 27101
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Isenburg:
September 15, 2009
DWQ# 08-0899 ver 2
Forsyth County
The Tanner's Park Townhome Owners Association has our approval, in accordance with the attached conditions, to
place fill in 249 linear feet of Tar Branch in order reduce bank slope failure and provide additional safety to residences
at the top of bank in the Tanners Park Tohwnhomes located off Wachovia Street in Winston-Salem, NC in Forsyth
County, as described in your application received by the Division of Water Quality (Division) on August 20, 2009. This
approval shall replace a previous approval issued by the Division on June 8, 2008. After reviewing your application, we
have determined that this fill is covered by General Water Quality Certification Number 3705, which can be viewed on
our web site at htip://www.ncwaterquality.org/wetlands.html. 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, Non-Discharge, 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:
Stream Identifier Stream Impact len th
S1 Tar Branch 149 linear feet permanent impact
S1 Tar Branch 100 linear feet temporary impact
Total 249 linear feet impact
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
Naturally
Carl von Isenburg
DWQ# 08-0899 v2
September 15, 2009
Page 2 of 3
2. This certification does not automatically authorize impacts on property owned by others. Tanner's Park
Townhome Owners Association shall be responsible for securing all access rights necessary to complete this
work.
No new impervious surface shall be developed as a result of this stream impact. Any increase in impervious
surface at either the Tanner's Park Townhomes or the Tar Branch Investors, LLC property shall require a
modification to this certification to address additional stormwater runoff.
4. Please note that the Division does not believe that permanent stream impacts by piping is the proper solution to
inadequate stormwater management practices and subsequent streambank erosion. Any future impacts to Tar
Branch within this vicinity as a result of continued stress to the stream system from stormwater runoff must be
adequately addressed from a stormwater management perspective.
5. All temporary fill and culverts shall be removed and the impacted area returned to the original grade, including
each stream's original cross sectional dimensions, planform pattern, and longitudinal bed and bed profile after
construction is complete and the site shall be stabilized with natural woody vegetation and restored to prevent
erosion.
6. Immediately upon completion of the restoration of the temporary impacts, the Permittee shall contact the Division
for a post construction site inspection.
7. 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: John Thomas, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
Alice W. Revelle, President, Tanner's Park Townhome Owners Association, 525 Tanners Park Court, Winston-
Salem, NC 27101
Q Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401