20160571 Ver 1_FW Approval Letter_20160630

Carpenter,Kristi
From:
Sent:
To:
Subject:
Attachments:
Wrenn, Brian L
Thursday, June 30, 2016 1:44 PM
'TERRY KUNEFF'
FW: Penny Road Greenway, DWR 20160571, Approval Letter
Penny Road Greenway (4).pdf
Terry,
You were left off of the original email distribution. Thanks for your help in getting this out.
Thanks,
Brian Wrenn
919-707-8792
From: Carpenter,Kristi
Sent: Thursday, June 30, 2016 12:53 PM
To: [e-mail]; '[e-mail]' <[e-mail]>; Parker,
Jerry A<[e-mail]>; Wilson, Travis W. <[e-mail]>; Wrenn, Brian L
<[e-mail]>
Subject: Penny Road Greenway, DWR 20160571, Approval Letter
All,
This email is being sent to you because you have been identified as an electronic copy recipient of the subject project. If
you have any questions about this email or the attached document, please contact Brian Wrenn at 919-707-8792 or
brian.wrenn(a�ncdenr. o�v.
If you have General Certification questions please use the following link to access the site map for General Certifications
on our Website: https://deq.nc.�ov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-
wetlands-buffer-permits/401-�eneral-certifications.
Sincerely,
Kristi Lynn Carpenter
Kristi Lynn Carpenter
Administrative Assistant
Transportation Permitting Unit
NCDEQ/Division of Water Resources — Wetlands Branch
919.707.8785 office
kristilvnn.carpenter(cDncdenr.aov
512 N Salisbury Street, 12th Floor
1617 Mail Service Center
Raleigh, NC 27699-1617

� �
�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

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Water Resources
ENVIRONMENTA� GU�ILITY
I' \ I �l(�( I�l)IZ},
I)�)N��LU Il. Vn�J I)I;IZ VnAR"T
ti. J��l' %IMMF,RMnN
June 30, 2016
Guilford Caunty
NCDWR Project No. 20160571
Penny Road Greenway
TIP Project No. EL-5104
State Project No. 45125.1.1
Federal Project No. TCSP-
0710(20)
APPROVAL of 401 WATER QUALITY CERTIFICATION and RANDLEMAIV LAKE BUFFER
AUTHOR[ZATION with ADDIT(ONAL CONDITIONS
Randy McCaslin, Deputy City Manager
City of High Point
211 S. Hamilton Street
High Point, NC 27260
Dear Mr. McCaslin:
You have our approval, in accordance with the conditions listed below, for rhe following impacts for the purpose of
constructing the Penny Road Greenway in Guilford County:
Iiiverine Wetlan�l Imoact� i� the Ca e Fear River Racin
---� — ---- --� ----- -----
' Site l Fill Fill Excavation INeci►an�zed � 7'otal Wetland �
, j (acres) � (te�i�porary) (acres) Clvarir.g (acres) i Impact (acres) I
W 1 -- 0.71 -- --
W2 -- 0.02 -- --
Totai -- 0.73 -- --
Total Wetland [mpact for Project: 0.73 acres.
Stream Im acts in the Ca e Fear River Basin
Site Permanent Fill Temporary Fill Permanent Fill Temporary Fill
in Intermittent in Intermittent in Perennial in Perennial
Stream Stream Stream Stream
(linear feet linear feet) linear feet (linear feet) _
S 1 -- 20 -- --
- S2 — -- --- -- 20
S3 -- -- -- 2C
S4 -- -- -- 20
SS — ---- 20 - --
Total -- 40 -- 60
Total Stream [mpact for Project: 100 linear f2et.
State of North Caro!ina IFmironm�ntal Qualitc ; Water Resnurces
2�v:-7 Ma-i,L Serv+�:e G'-�r, Ra,i.e,i.q'w, No-rf'w e:ati-ol%v� z7G 4 9-1/c17
T'!"„�,: 4 a- 9- R D"i -�0 3GG
0.71
0.02
0.73
Total Stream
Impact
(�inear feet)
20
20
20
20
20
100
Stream Impacts
Requiring
Mitigation
linear feet) _

Itandleman Lake Ri arian Buffer Im acts
Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Vb'etlands i Buft'ers (not ivlitigation In�pact Wetlands Buffers Miiigation
(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)
(s ft
�_ B 1 917 0 917 i __ 604 0 604 --
B2 1,578 ,,G78 � 0 -- 586 586 ' p— ---
B3 3,397 0 3,397 -- 5,216 0 5,216 --
B4 8?8 _ 0_ 878 __- 451 0 451 __ _�
B� 1,404 0 1,404 -- 7b0 0 760 -- �
Totals 8,274 1,678 6,596 -- 7,617 586 7,031 --
1 otal Kuffer ImpaM for Yroject: 13,627 square feet.
The project shall be constructed in accordance with your application dated received June l, 2016 and additional
information dated received June 20, 2016 and June 22, 2016. After reviewing your application, we have decided that
these impacts are covered by General Water Quality Certification Number 3893. This certification corresponds to
Nationwide Permit 33 issued by the Corps of Engineers. 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 �vith the accompanying 404 permit.
This approval is valid solely for the rurpose ancl des�gn describe� 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 fill for this project (now or in the future) exceed one acre, or if total impacts to streams
(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached
certification and anv additional conditions listed below.
Condifion(s) uf Certificatiou:
?ro;ect SYee�fc ro:���iicsr;s
I. The post-consh-uction removal of any temporary �ridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species. [15A NCAC 02H .0506(b)(2)]
2. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causev�ays, or floating or sunken barbes. [f work conditior.s require barges, they shall be floated into position
and ther sunk. The barges shall not be sunk and then dragged into position. Under no �ircumstarces should
barges be dragged along the bottom of the surface water. [ I SA NCAC 02H .0506(b)(3)]
3. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation
responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to
stream channel shall be temporary and be revegetated with native riparian species. [ 1 SA NCAC
02H.0506(b)(2)]
4. All sturn►water runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, uniess
otherwise approved by this certification. [ I SA NCAC 2B .0250]
5. 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
this condition, maintained buffer areas are defined as areas within the transportation corridor that wil{ be
subject to regular NCDOT mainten�nce activities �ncluding mowing. The area with non-maintained buffers
��1G�� be perma,ientty 1'i',V2tJ'el3LE!� `.Y:l}l i�ativ� WUOfi)' �p,�,CieS �?cipCz [iie t1t;*;i �!'O�i'iIl� Se�uS�JTI (QIiV�".'II:�
completion of construction. [ I SA NCAC 2B .0250J
6. Pu�suant to I SA NCAC 2B .0250, sedimeTit and erosion c�ntrol devices shall not be rlaced in Zone 1 of any
Ra:�dien�aci Bu£fer without prior approval by the NCilI�'R. At ihis tin►e, the NC:D���R has approved no
sediment and erosion conirol devices in Zone l, outside uf the approved project impacts, anywhere on this

project. Moreaver, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided
that Zone 1 is not compromised and that discharge is released as diffuse flow.
7. The permittee shall use Design Standards in SensitivP Watersheds [15A NCAC 4B.0124(a)-(e)] in areas
draining to West Fork Deep River.
General Conditions
1. Unless otl:erwise app:ove� ;n this certification, p:acemeut of culverts and other stractures :r. open waters and
streams shall be placed below the elevation of the streambed by one foot for all culverts with a ciiameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48
inches, to allow low flow �assage of water and aquatic life. Design and placement of culverts and other
structures li-�elud;ng tempora.ry erosion cantrol 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 N�DWR. If this condition is unable to be met due to bedrock or other limiting features
encountered during construciion, please contact NCDWR for guidance on how to procezd and to determine
whether or not 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. [15A NCAC
02B.0200]
3. During the constraction of the project, no staging of equipment of any kind is perrr,i�ted 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 abeve ±he Normal High Water Pdark shall �e minimize�. P.�y rip-rap placed for stream
stabilization shall be pi_aced in stream channels in such a manner that it does not impede a�t�atic life passage.
[l S�i NC.�iC 02H.GSG6(b)(2 j]
6. T'he Yermittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approvzl. [15A NCAC 02H .0507(c) znd 15f. N�AC 02H .O�On (0)l2) and (c)(2)]
7. All work in ar adjacent to stream waters sha11 be conducted in a dry work area. Approved BMP measures
from the most current version ofNCDOT 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 Uanks rather than in the stream channel in order to minimize
sedimentation and reduc� the introduction of other pollutznts into the strea:r. [15A NCAC 02H.J506(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 mat�rials 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 hydrosee�erc and other equipmPnt in or adjacent to surfa�e
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduct its act;vities in a manner consistent v✓ith State water
Guality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) ard any other appropriate requu•ements of State and Federal law. If the NCDi�VR determines that such
standards or laws are not Ueing met (including the failure to sustain a designated or achieved use) or that
State or tederal law is being vioiated, or that further conditions are �iecessa:y to assure compliance, ihe
NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
] 3. All fill slopes .ocated in jur:sdictional wetlands shall be placed at slopes r�o flatt�r than 3: ], un:ess otherwise
authorized �y this certification. f � SA NCAC 02H.OSQ6(b;�2)]
14. A co�,y of this V4�ater �uality Cert:_fication shall be maintained on the aor.struction site at all times. In
addition, the Water �uality Certification and all subsequznt modifications, if any, shall'�e maintain�d with

the Division Engineer and the on-site project manager. [15A NCAC Q2H .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. he issuance of this certificuticn does not exempt the Permittee from camplying with any and ull statutes,
tvles, regulations, or ordinances that may be imposed by other govertli-nent agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rales, 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 t:�e end of the growing season following ;,ompletion of construction. [ 15A NCAC 02B.Q506(b)(2)]
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 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
Contrnl Pln.�an.ir.g and Design t!�anv.al.
b. Li1C CiE51�li, lI"i3i811di1Oi1� operatior, and maii�tenanca oi ti10 �0a11"IIZlli a11Ci dC651V11 GGiiiCal I"ROASii1'0S 1TiUSt
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and E-rosion Com`rol Marual. The devices shall be mair,tained an all construction
sites, borrow sites, and waste pile (spoi]) projects, including contractor-owned or leased borrow pits
associated with the project. �
c. For borrow nit sites, the erosion and sediment control measures must be designed, installed, operated,
and mauitained in accordance with the most recent version of the Na•zh 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 conri•ol measures shall not be placed in wetlands �r 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 p�tition form from the offce 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 nornial office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except for official state
holidays. ThP origir.a! and one (1) copy of the petition must be filzd with the Office of Administrative Hearings.
The petition may be ;axed-provided the original and one copy of the document is received by the Office of
Adrninistrative i-!earings wi�hin five (5) business days `iollowing the faxed t��ansmission.
The mailing address for the Office of Administrative Hearings is:
Office of A�ministrative Hearir.gs
6714 Mail Service `enter
Raleigh, NC 27699-6714
Telephone: [phone], Facsimi:e: [phone]

A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Caunsel
Deparkment 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 Briar. Wrenn at [phone] or [e-mail].
�Sincerely,
� ��� � ��� �"��-
�� � �
S. Ja}� Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
David Bailey, US Army Corps of Gngineers, Raleigh Field Office
Jerry Parker; nivisi�n 7_F,nvironmental Officer
Travis Wilson, NC Wildlife Resources Commission
File Copy

Water Resources
EiJV!RONMENTAL CU��.LIlY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
COUIItj':
I' �1 I� A 1 C: �: It O K l'
I)(J'��-�1,1) K �":A�' I)f:K �" �:11Z"I�
ti. J,�l' %IN1ti11��.K[��l,�N
Certificate of Compietion
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
CJnit, North Caro!ina Civision of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
�nay'�e returned tc NC�v�'R by thc app�icant, the applica7t's authorizcd agent, o: the project e7gine�r. It �s not
necessary to send certificates from all of th�se.
Applicant's Certification
1, , 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.
Si�lidiilre: GdtC:
�lgeszt'� C'er��rcul:a7
l, , hereby state that, to the �est of my abilities, due care znd diliger.ce
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
speci:ications, and other supporting materials.
Signature:
Engineer's Cerlifrcation
Partial
Final
Date:
I, , as a daly registered Protessional 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
nate
Registration No.
State of Nonh Carolina IEmironmental Qualiry �, Watzr Resources
1617 ^�I n.:,l- Sexvil,� Ge-�,�r, Ral.�iy6•�, Ncriiti Ccu-c(.i.Ka 2 7;0 4 R-16 i?
P'vwvw.' 91 R -80I-G300