HomeMy WebLinkAbout20200237 Ver 1_Approval Letter_20200311DocuSign Envelope ID: 52958A1A-D01D-444A-B657-A155D548A813
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Err0MF1rh#1tf4k� Quarlry
March 11, 2020
Guilford County
NCDWR Project No. 20200237
Alamance Church Road Widening
City of Greensboro
APPROVAL of 401 WATER QUALITY CERTIFICATION, and JORDAN LAKE BUFFER
AUTHORIZATION, with ADDITIONAL CONDITIONS
Mr. Guy Ingle (Gu..In-le(a�greensboro-nc.goy)
City of Greensboro Engineering and Inspections Department
PO Box 3136
Greensboro, NC 27402-3136
Dear Mr. Ingle,
You have approval, in accordance with the conditions listed below, for the following impacts for the purpose of
Alamance Church Road widening in Guilford County:
Stream Impacts in the Cape Fear River Basin
Permanent Fill in
Permanent Fill
Stream
Permanent Fill in
Intermittent
in Perennial
Total Stream
Impacts
Perennial Stream
Site
Stream Due to
Stream Due to
Impact
Requiring
Due to Culvert
Bank Stabilization
Excavation
(linear ft)
Mitigation
(linear ft)
(linear ft)
(linear ft)
(linear ft)
S1
0
10
0
10
0
S2
0
10
0
10
0
S3
0
15
0
15
0
S4
33
0
50
83
0
TOTAL
1 33
35
1 50
1 118
1 0
Total Stream Impact for Project: 118 linear feet.
D— E North Carolina Department of Environmental Quality I Division of Water Resources
r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: 52958A1A-D01D-444A-B657-A155D548A813
Jordan Lake Riparian Buffer Impacts
Zone 2
Zone 1
Zone 1
minus
= Zone 1
Buffer
Zone 2
minus
= Zone 2
Buffer
Wetlands
Buffers (not
Wetlands
Buffers (not
Mitigation
Site
Impact (sq
Mitigation
Impact (sq
in Zone 1
wetlands)
in Zone 2
wetlands)
Required
ft
Re q wired
ft )
(sq ft)
(sq ft)
(sq ft)
(sq ft)
(1.5:1
(3:1 ratio)
ratio)
S1
1821.00
0.00
1821.00
0.00
0.00
0.00
0.00
0.00
S2
1751.00
0.00
1751.00
0.00
0.00
0.00
0.00
0.00
S3
333.00
0.00
333.00
999.00
0.00
0.00
0.00
0.00
S4 (BMP)
0.00
0.00
0.00
4917.00
0.00
0.00
4039.00
0.00
4039.00
1424.00
0.00
0.00
S4 Road
4917.00
0.00
1424.00
0.00
TOTAL
8822.00
0.00
8822.00
999.00
5463.00
0.00
5463.00
0.00
Total Buffer Impact for Project: 8,822 square feet in Zone 1 and 5,463 square feet in Zone 2.
The project shall be constructed in accordance with your application dated and received February 14, 2020 with
subsequent information received on March 4, 2020, March 6, 2020, and March 10, 2020. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 4135.
This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also
valid for the Jordan Lake Riparian Buffer Rules (15A NCAC 2B.0267). In addition, you should acquire any other
federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion
Control, Non -Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying
404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the NCDWR and submit a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to
perennial streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require additional compensatory mitigation
as described in 15A NCAC 213.067. For this approval to remain valid, you must adhere to the conditions listed in the
attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
Compensatory mitigation for impacts to 333 square feet of protected riparian buffers in Zone 1 shall be
required. We understand that you have chosen to perform compensatory mitigation for impacts to protected
buffers through use of Restoration Systems, LLC. Mitigation for unavoidable impacts to the Jordan Lake
Riparian Buffers shall be provided in the Jordan Lake River Basin and done in accordance with 15A NCAC
.02B .0295. Restoration Systems, LLC has indicated in a letter dated March 10, 2020 that they will assume
responsibility for satisfying the compensatory mitigation requirements for the above -referenced project.
2. All stormwater runoff shall be directed as sheet flow through stream buffers at non -erosive velocities, unless
otherwise approved by this certification. [ 15A NCAC 2B .0267]
3. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non -
woody species by the end of the growing season following completion of construction. For the purpose of
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an- a L " �� 919.707.9000
DocuSign Envelope ID: 52958A1A-D01D-444A-B657-A155D548A813
this condition, maintained buffer areas are defined as areas within the transportation corridor that will be
subject to regular NCDOT maintenance activities including mowing. The area with non -maintained buffers
shall be permanently revegetated with native woody species before the next growing season following
completion of construction.
4. Pursuant to 15A NCAC 2B.067 sediment and erosion control devices shall not be placed in Zone 1 of
any Jordan Lake Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved
no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on
this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers if
Zone 1 is not compromised, and that discharge is released as diffuse flow.
Any modifications to this 401 Water Quality Certification that propose additional stream impacts or
increased impervious surface requiring additional stormwater management may be subject the Jordan Water
Supply Nutrient Strategy (15A NCAC 2B .0267). The NCDOT shall coordinate with the NCDWR prior to
submitting a modification request to determine the applicability of the Jordan Water Supply Nutrient
Strategy. This condition does not apply to major modifications for additional sections of the project that
were covered under the Finding of No Significant Impact or approved in the Avoidance and Minimization
stage of the project.
General Conditions
Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less
than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and
other structures including temporary erosion control measures shall not be conducted in a manner that may
result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of
the above structures. The applicant is required to provide evidence that the equilibrium is being maintained
if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting
features encountered during construction, please contact NCDWR for guidance on how to proceed and to
determine whether a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not
be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish
kills. [I5ANCAC 0213.0200]
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S. or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
5. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for
stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic
life passage. [15A NCAC 02H.0506(b)(2)]
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: 52958A1A-D01D-444A-B657-A155D548A813
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. The Permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that
such standards or laws are not being met (including the failure to sustain a designated or achieved use) or
that State or federal law is being violated, or that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certification shall always be maintained on the construction site. In addition,
the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the
Division Engineer and the on -site project manager. [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506
(b)(2) and (c)(2)]
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization 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. [15A NCAC 02H.0501 and .0502]
16. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
17. The Permittee shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery. [15A NCAC 02B.0506(b)(2)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the City of
Greensboro or authorized agent shall complete and return the enclosed "Certification of Completion Form"
to notify the NCDWR when all work included in the 401 Certification has been completed. [I 5A NCAC
02H.0502(f)]
19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction. [15A NCAC 02B. 0267]
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: 52958A1A-D01D-444A-B657-A155D548A813
or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is
a direct impact from road construction activities.[ 15ANCAC 02H.0506(b)(3) and (c)(3)]
21. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing.
You may obtain the petition form from the office of Administrative hearings. You must file the petition with the
office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when
it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state
holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact April Norton at (919) 707-9111 or Ayril.Norton(d),ncdenr.gov.
Sincerely,
EDOCUSigned by:
12DCD474
S. Daniel Smith, Director
Division of Water Resources
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: 52958A1A-D01D-444A-B657-A155D548A813
Electronic copy only distribution:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
Melissa Ruiz, Stantec Project Manager (Melissa.RuizAstantec.com)
Tiffani Bylow, Restoration Systems, LLC
April Norton, NC Division of Water Resources, Central Office
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: 52958A1A-D01D-444A-B657-A155D548A813
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Err0MFIfII&Mkl Qu8illy
NCDWR Project No.:
Applicant:
Project Name:
County:
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 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR 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:
Agent's Certification
Date:
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:
Engineer's Certification
Partial Final
Date:
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
Date
Registration No.
D— E North Carolina Department of Environmental Quality I Division of Water Resources
r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000