HomeMy WebLinkAbout20061121 Ver 1_Approval Letter_20070105r \
O~O~ W AT ~RQG
~ r
~ -i
O ~
CERTIFIED MAIL: 7004 2510 0002 2177 4842
RETURN RECEIPT REQUESTED
Mr. Barry Siegal and Mr. Willard Tucker
P. O. Box 8306
Greensboro, NC 27419
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
R "`~ ~ ~ ~~~ ~~ `e f7' ~' ~ `~
~~~
i7fa~OfF`" k~~%i P ~ lal. w~! ~~"
'd4'~~ I..e!~fli ~.1'~t) ~1'i ~ t+f {~Rrk; f ~ 41 RtghNl)FI
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Messrs. Siegal and Tucker:
Alan W. Klimek, P.E. Director
Division of Water Quality
January 5, 2007
DWQ# 06-1121
Guilford County
You have our approval, in accordance with the attached conditions, to place permanent fill in 105 linear feet
of perennial stream in order to construct a road crossing for an access road into your property located at the
intersection of West Wendover Avenue and Piedmont Parkway in High Point, Guilford County, as described
in your application received by the Division of Water Quality (DWQ) on July 19, 2006 and in additional
information received by DWQ on November 20, 2006 and January 3, 2007. After reviewing your application,
we have determined that this fill is covered by General Water Quality Certification Number 3404, which can
be viewed on our~web site at http://www.ncwaterquality.org/wetlands.html. This Certification allows you to
use Nationwide Permit Number 14 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 proj ect, you must notify us in writing, and you maybe 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, 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:
Non` Carolina
~tura!!r~
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http:l/www.ncwaterguality.om
Customer Service Number: 1-877-623-6748
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
Messrs. Siegal and Tucker
Page 2, DWQ# 06-1121
January 5, 2007
Amount A roved Plan Location or Reference
Streams 105 linear feet Unnamed tributary to Long Branch located at the intersection of West
Wendover Avenue and Piedmont Parkway in High Point, Guilford
County, as depicted on the site plan included with the a lication
2. A final, written stormwater management plan must be approved in writing by this Office before the
impacts specified in this authorization occur, per condition No. 6 in General Certification 3404. The
stormwater management plan must include plans and specifications for stormwater management
facilities that are appropriate for surface waters classified as Class WS-IV and designed to remove, at a
minimum, 85% Total Suspended Solids according to the most. recent version of the NC DENR
Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff
from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also,
before any new 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 structural stormwater practices as approved by this Office, 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. This stormwater
management plan must be submitted to the Central Office of the Wetlands/401 Certification Unit
in Raleigh within 60 days of receiving this letter.
3. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance at all times with the North Carolina water quality standards
that are applicable to Class WS-IV waters as described in 1 SA NCAC 02B .0216 Fresh Surface Water
Quality Standards For Class WS-IV Waters. These measures must be maintained on all construction
sites, borrow sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits,
which are associated with this project.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
project is completed or, if applicable, within six months of the date that the project is released by the
North Carolina Division of Land Resources.
5. No waste, spoils, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control "Best
Management Practices" shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
Messrs. Siegal and Tucker
• Page 3, DWQ# 06-1121
January 5, 2007
6. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the
normal high water level. The original grade and elevation of the stream's cross-section must be
maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth
sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream
bottom must not be increased by the placement of riprap. Placement of riprap must not result in
destabilization of the streambed or banks upstream or downstream of any crossing.
7. All construction activities associated with this project shall minimize built-upon surface area, direct
stormwater runoff away from surface waters, and incorporate best management practices to minimize
water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in
contact with surface waters until it has cured. If any stormwater must be collected for discharge into a
stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as
sheet flow prior to entering the riparian buffer on either side of the stream.
8. The proposed project -must comply with the local water supply ordinance approved by the N.C.
Environmental Management Commission (EMC) as required under the Randleman Lake Water Supply
Watershed: Protection and Maintenance of Riparian Areas (Randleman Buffer Rule) 15A NCAC 02B
.0250.
9. 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 Wetlands/401 Certification Unit of the NC Division of Water
Quality at the address listed on the form. Along with the Certificate of Completion, please send
photographs upstream and downstream of the culvert site to document correct installation.
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 telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-
771-4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,
.,~-
Alan W. Klimek, P.E.
AWK/cdl
Messrs. Siegal and Tucker
Page 4, DWQ# 06-1121
January 5, 2007
Attachments
cc: Mr. Monte Mathews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Mr. Brian Sullivan, City of High Point, P. O. Box 230, High Point, NC 27261
DWQ, Winston-Salem Regional Office
Central Files
Wetlands/401 File Copy
Mr. Joe Humble, Davis-Martin-Powell & Associates, Inc., 6415 Old Plank Road, High Point, NC 27265