HomeMy WebLinkAbout20160571 Ver 1_RE additional information_20160623 (2);;
Water Resources
ENVIRONMENTl1L OUALITY
PAT MCCRORY
�oti�erno�
DONALD R. VAN DER VAART
se���eran-
S. JAY ZIMMERMAN
Dil"eC(o�'
JUriO XX, 2�16
Guilford County
NCDWR Project No. 20160571
Penny Road Greenway
TIP Project No. EL-5104
State Project No. 4512511
Federal Project Na TCSP-
0710(20)
APPROVAL of 401 WATER QUALITY CERTIFICATION and RANDLEMAN LAKE BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Randy McCaslin, Deputy City Manager
City of High Point
211 S. Hainilton Street
High Point, NC 27260
Dear Mr. McCaslin: �� �
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
constructing the Penny Road Greenway in Guilford County:
Riverine Wetland Impacts in the Cape Fear River Basin
Site Fill Fill Excavation Mechanized Total Wetland
(acres) (temporary) (acres) Clearing (acres) Impact (acres)
W 1 -- 0.71 --
W2 -- 0.02 --
Total -- 0.73 --
Total Wetland Impact for Project: 0.73 acres.
W
�
0.71
0.02
0.73
Stream Impacts in the Cape Fear River Basin
Site Permanent Fill Temporary Fill Permanent Fill Temporary Fill Total Stream Stream Impacts
in Intermittent in Intermittent in Perennial in Perennial Impact Requiring
Stream Stream Stream Stream (linear feet) Mitigafion
(linear feet) (linear feet) (linear feet) (linear feet) (linear feet)
S 1 -- 20 -- -- 20 --
S2 -- -- -- 20 20 --
S3 -- -- -- 20 20 --
S4 -- -- -- 20 20 --
SS -- 20 -- -- 20 --
Total -- 40 -- 60 100 --
Total Stream lmpact for Project: lUU linear fee�
State of North Carolina IEnvironmental Quality I Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone:919-807-6300
Randleman Lake Riparian Buffer Impacts
Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mifigafion Impact Wetlands Buffers Mifigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
(sq ft)
B 1 917 0 917 -- 604 0 604 --
B2 1,895 1,895 0 -- 552 552 0 --
B3 3,397 0 3,397 -- 5,216 0 5,216 --
B4 878 0 878 -- 451 0 451 --
BS 1,404 0 1,404 -- 760 0 760 --
Totals 8,491 1,895 6,596 -- 7,853 552 7,031 --
Total Buffer Impact for Project: 13,627 square feet.
The project shall be constructed in accordance with your application dated received June 1, 2016 and additional
inforination dated received June 20, 2016 and June 22, 2016. After reviewing your application, we have decided that
these iinpacts are covered by General Water Quality Certification Nuinber 3893. This certification corresponds to
Nationwide Perinit 33 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or
local pennits before you proceed with your project including (but not lunited to) Sediinent and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. This approval will expire with the accoinpanying 404 pennit.
This approval is valid solely for the purpose and design described in your application (unless inodified below). Should
your project change, you inust notify the NCDWR and subinit a new application. If the property is sold, the new
owner inust be given a copy of this Certification and approval letter, and is thereby responsible for coinplying with all
the conditions. If total wetland fill for this project (now or in the future) exceed one acre, or if total impacts to strea�ns
(now or in the future) exceed 150 linear feet, coinpensatory initigation inay be required as described in 15A NCAC
2H .0506 (h) (6) and (7). For this approval to reinain valid, you inust adhere to the conditions listed in the attached
certification and any additional conditions listed below.
Condition(s) of Certif'icafion:
Project Specific Conditions
1. The post-construction reinoval of any teinporary bridge structures inust return the project site to its
preconstruction contours and elevations. The unpacted areas shall be revegetated with appropriate native
species. [15A NCAC 02H .0506(b)(2)]
2. All bridge construction shall be perforined froin the existing bridge, teinporary work bridges, teinporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position
and then sunk. The barges shall not be sunk and then dragged into position. Under no circwnstances should
barges be dragged along the bottoin of the surface water. [15A NCAC 02H .0506(b)(3)]
3. The streain channel shall be excavated no deeper than the natural bed inaterial of the strea�n, to the inaxiinwn
extent practicable. Efforts inust be inade to ininunize unpacts to the strea�n banks, as well as to vegetation
responsible for inaintaining the strea�n bank stability. Any applicable riparian buffer unpact for access to
strea�n channel shall be teinporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]
4. The perinittee shall use Design Standards in Sensiti>>e Watersheds [15A NCAC 4B.0124(a)-(e)] in areas
draining to West Fork Deep River.
General Conditions
Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
strea�ns shall be placed below the elevation of the strea�nbed by one foot for all culverts with a diaineter
greater than 48 inches, and 20 percent of the culvert diaineter for culverts having a diaineter less than 48
inches, to allow low flow passage of water and aquatic life. Design and placeinent of culverts and other
structures including teinporary erosion control ineasures shall not be conducted in a inanner that inay result
in dis-equilibritun of wetlands or streainbeds or banks, adjacent to or upstrea�n and downstreain of the above
structures. The applicant is required to provide evidence that the equilibritun is being inaintained if requested
in writing by NCDWR If this condition is unable to be inet due to bedrock or other luniting features
encountered during construction, please contact NCDWR for guidance on how to proceed and to detennine
whether or not a perinit inodification 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. [15A NCAC
02B.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 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 be maintained on the construction site at all times. 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)(�) and (�)(�)]
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. he 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 NCDOT
Division Engineer 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. [ 15A NCAC 02H.0502( fl]
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.0506(b)(2)]
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands ar waters associated with
this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or
borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct
impact from road construction activities. [15A NCAC 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 Admnustrative Hearings during normal office hours. The Office of Admnustrative
Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except for official state
holidays. The ariginal and one (1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be f�ed-provided the original and one copy of the document is received by the Office of
Admnustrative Hearings within five (5) business days following the f�ed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Admnustrative 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. Sam M. Hayes, 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 Brian Wrenn at (919) 707-8792 ar brian.wrenn@ncdenr.gov.
Sincerely,
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy
Water Resources
ENVIRONMENTl1L OUALITY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
PAT MCCRORY
�oti�erno�
DONALD R. VAN DER VAART
se���eran-
S. JAY ZIMMERMAN
l-�";.�c(C%-
Certif'icate 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 iny abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built witY�in substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of iny 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 inaterials.
Signature: Date:
Engineer's Certification
Partial Final
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 iny 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.
State of North Carolina IEnvironmental Quality I Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone:919-807-6300
Carpenter,Kristi
From:
Sent:
To:
Subject:
Attachments:
Wrenn, Brian L
Thursday, June 23, 2016 8:34 AM
'TERRY KUNEFF'
RE: Penny Road Greenway (additional information)
20160571 EL-5104 06222016.docx
Te r ry,
I think I may have miscommunicated what I was looking for on the buffer impacts at W1/S1/S2. Although we don't
double count the impacts for buffers and wetlands, I still need to see the estimated buffer impacts at this site. Doing
some "rough" measurements of the impacts at this site, I came up with very similar buffer impacts to what you included
in the original PCN form (1,895 sq ft - zone 1; 552 sq ft — zone 2). I've used those numbers in the 401/buffer
authorization. I've attached a draft of the 401. Take a look at the tables and see if they look accurate to you. If you're
okay with the numbers, I'll go forward with getting this out.
Thanks,
Brian Wrenn
919-707-8792
From: TERRY KUNEFF [mailto:terry.kuneff@highpointnc.gov]
Sent: Wednesday, June 22, 2016 9:59 AM
To: Wrenn, Brian L <brian.wrenn@ncdenr.gov>
Subject: Penny Road Greenway (additional information)
Brian,
Attached is a revised Sheet 5 for the PCN as discussed. I obtained the areas via the AutoCad drawing for each impact in
Zone 1 and Zone 2 of the buffers. The limits of the impacts includes all of the hatched areas that I provided on the
revised plan minus the buffer impacts within wetlands. Thanks for your help on this project. Please let me know if you
need a letter to go with this revision.
Thanks,
TERRY KUNEFF
P.E., CFM
'�►��:������ _�
!i` �
�'�.
�.
°:�
�- �
CITY OF HIGH POINT
CIVIL ENGINEER III
211 S Hamilton, Room xxx� High Point, NC 27260
336.883.8583 � m: 336.6013785 fax: 336.883.4118
terry.kuneff@hi�hpointnc.�ov � www.hi�hpointnc.�ov
FoiioW us—
Please be aware that e-mail and attachments sent to and from this address are subject to the North Carolina
Public Records Law and may be disclosed to third parties.