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HomeMy WebLinkAbout20070865 Ver 1_Approval Letter_20070706oFWArFR ~~~e~0 0 ' .; r p ~, 4 ~-~` ~' ~ ~'~Y p Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality July 6, 2007 DWQ# 07-0865 Guilford County Mr. Adam Fischer Division Manager, Department of Engineering City of Greensboro 300 West Washington Street Greensboro, NC 27402 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Fischer: The City of Greensboro has our approval, in accordance with the attached conditions, to place permanent fill in, or otherwise impact, 247 linear feet of perennial stream and 0.24 acre of wetlands in order to extend Isaacson Boulevard in Greensboro, Guilford County, as described in your application received by the Division of Water Quality on May 17, 2007. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3627, 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 Erosion and Sediment 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 Certifications. 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 this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, 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 certifications, as well as the additional conditions listed below: 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: Amount A roved Plan Location or Reference Streams 247 linear feet Unnamed tributary to Horse Pen Creek located ~ 250 feet west of the existing west terminus of Isaacson Boulevard in Greensboro, Guilford County as depicted on the site plan No~ititCarolina ~aturatty 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.org Customer Service Number: 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper Mr. Adam Fischer Page 2, DWQ# 07-0865 July 6, 2007 Amount A roved Plan Location or Reference Wetlands 0.24 acre Minor wetlands located along, and in the vicinity of, an unnamed tributary to Horse Pen Creek located ~ 250 feet west of the existing west terminus of Isaacson Boulevard in Greensboro, Guilford County as depicted on the site plan. 2. We understand that you have chosen to contribute to the North Carolina Ecosystem Enhancement Program (NC EEP) in order to compensate for the impacts to the perennial stream. In accordance with 15A NCAC 2R .0402, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). Until the NC EEP receives and clears your check (made payable to: DENR - North Carolina Ecosystem Enhancement Program), stream, wetland, and buffer impacts (including fill) shall not occur at this site. Ms. Kelly Williams should be contacted at (919) 716-1921 if you have any questions concerning the Ecosystem Enhancement Program. You have thirty (30) days from the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the permanent fill of 247 linear feet of perennial stream and 0.24 acre of wetlands in the Cape Fear River Basin, Cataloging Unit 03030002. Mitigation is required for permanent impacts to 212 linear feet of perennial stream. 3. The outside boundaries of all adjacent wetland and stream areas not authorized for fill or impact shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts and/or fill to the areas within this fencing are prohibited. No staging of equipment or temporary impacts shall occur to any area within this fencing. 4. The double-barrel culvert shall be designed to mimic natural stream cross section as closely as possible. A flood plain bench shall be constructed at the inlet and outlet of the storm-flow barrel. Existing stream dimensions (including the pattern and profile) are to be maintained above and below the location of the culvert. Widening of the stream channel shall be avoided. The culvert shall be designed and installed to prevent head cutting of the stream. If the culvert becomes perched, the appropriate stream grade shall be re-established or, if the culvert is installed in a perched manner, the culvert shall be removed and re- installed correctly. The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will occur as a result of this project (e.g., use of cross vanes downstream of the culvert). 5. The design submitted indicates the use of baffles to retain natural material within the base-flow barrel. However it does not appear to provide for the natural stream width to be maintained within this barrel. Appropriate design changes shall be made to ensure natural stream width and depth throughout the length of the base-flow barrel. The Permittee shall submit a redesign of the base-flow barrel to the Division prior to beginning construction. The Permittee shall conduct apre-construction meeting with Division staff in attendance. The Permittee shall also contact the Division in order to arrange a site visit during construction of the culvert. x Mr. Adam Fischer Page 3, DWQ# 07-0865 July 6, 2007 6. The culvert installation shall include the relocation of as much natural stream substrate from the existing channel into the installed culvert bed as feasible. The engineer shall investigate and determine the amount of substrate suitable for relocation to the culvert bed. Construction practicality may be taken into account in this determination. Additional bed material may be provided from appropriate offsite sources and shall be similar to existing material as much as practical. 7. Appropriate erosion and sediment 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. Such measures must equal or exceed the requirements specified in the most recent version of the North Carolina Erosion and Sediment Control Manual. 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. 8. Erosion and sediment control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of erosion and sediment 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. 9. All work in or adjacent to stream waters shall be conducted in a dry work area. Appropriate dewatering techniques such as sandbags, rock berms, cofferdams, and fabric lined channels shall be utilized, or other diversion structures shall be used to prevent excavation in flowing water. Channel diversions shall not impact areas outside of the approved wetland and stream impacts authorized by this certification. Channel diversions shall be protected by appropriate erosion and sediment control measures, and no heavy equipment shall be operated in the channel while it is diverted. 10. No waste, spoil, 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 erosion and sediment control "Best Management Practices" shall be performed so that no violations of state water quality standards, statutes, or rules occur. 11. 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 streambed must be inserted into the bed matrix to a depth sufficient to provide the thickness of riprap required for scour protection. The elevation of the streambed 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. Mr. Adam Fischer Page 4, DWQ# 07-0865 July 6, 2007 12. Upon completion of the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been finished. The completed form 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 sendphotographs upstream and downstream of the culvert site to document correct installation. If you do not accept any of the conditions of these Certifications, 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. These Certifications and their 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- 4600 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631. Sincerely, y Coleen H. Sullins CHS/cdl Attachments cc: Mr. Andrew Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office Winston-Salem DWQ Regional Office Central Files Wetlands/401 File Copy Mr. Richard Potempa, P.E., Wilbur Smith Associates, 7012-H Albert Pick Road, Greensboro, NC 27409