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Home My WebLink About20160571 Ver 1_Revised Draft Approval Letter_20160623Carpenter,Kristi From: TERRY KUNEFF <terry.kuneff@highpointnc.gov> Sent: Thursday, June 23, 2016 9:01 AM To: Wrenn, Brian L Subject: Attachments: Brian, RE: Penny Road Greenway (additional information) 20160571 EL-5104 06222016.docx Sorry for the miscommunication. I placed the correct impacts for Zone 1 and Zone 2 for B2 in the attached revised table. I got them from the AutoCad drawing. Thanks, TERRY KUNEFF P.E., CFM ��'��F�� _- �;�� - : 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. From: Wrenn, Brian L [mailto:brian.wrenn@ncdenr.gov] Sent: Thursday, June 23, 2016 8:34 AM To: TERRY KUNEFF <terry.kuneff@highpointnc.gov> Subject: RE: Penny Road Greenway (additional information) 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@hi�hpointnc.�ov] Sent: Wednesday, June 22, 2016 9:59 AM To: Wrenn, Brian L <brian.wrenn@ncdenr.�ov> 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 {p. �� _ .y- � ;�� - _ 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. : y Water Resources ENVIRONMENTl1L OUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART se�,�era„- S. JAY ZIMMERMAN Dil"eCto�' June XX, 2016 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. Mc as m: _ 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: Ri��erine 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) Mifigafion (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 f'or Project: lUU linear f'eet. State ofNorth Carolina IEnvironmental Quality I WaterResources 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 Mitigation Impact Wetlands Buffers Mitigation (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 1,678 1,678 0 -- 586 586 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 8,274 1,678 6,596 -- 7,617 586 7,031 -- Total Buf'f'er Impact f'or Project: 13,627 square f'eet. The project shall be constructed in accordance with your application dated received June 1, 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 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 fill for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 1501inear 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 any additional conditions listed below. Condition(s) of Certification: Project Specific Conditions 1. The post-construction removal of any temporary bridge 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 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 circumstances should barges be dragged along the bottom of the surface water. [15A NCAC 02H .0506(b)(3)] 3. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the m�imum 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. [15A NCAC 02H.0506(b)(2)] 4. The permittee shall use Design Standards in Sensitive Watersheds [15A NCAC 4B.0124(a)-(e)] in areas drauung to West Fork Deep River. 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 ar 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 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 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