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HomeMy WebLinkAbout20081723 Ver 1_Approval Letter_20081217o?0? War FRQG r 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 December 17, 2008 DWQ# 08-1723 Guilford County Mr. Tony Kozuch City of Greensboro PO Box 3136 Greensboro, NC 27402-3136 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Kozuch: You have our approval, in accordance with the attached conditions, to place temporary fill in 0.0.049 acres of wetlands and 123 linear feet of stream, and permanent fill in 0.0367 acres of wetlands in order to construct a sewer line to recently annexed areas known as the Horse Pen Creek Sewer and Water Expansion in Greensboro, NC in Guilford County, as described in your application received by the Division of Water Quality (Division) on November 25, 2008. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Numbers 3699 and 3705, which can be viewed on our web site at hqp://www.ncwaterquality.org/wetlands.html. These Certifications allow you to use Nationwide Permit Numbers 12 and 18 when they are 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 permits expire 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 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 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, additional 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: Stream Impacts Identifier Type of impact Tem orar Impact length feet T3 Tem ora fill, returned to natural dimensions 9 T4 Temporary fill, returned to natural dimensions 5 T8 Temporary fill, returned to natural dimensions 8 T10 Temporary fill, returned to natural dimensions 23 Tl 1 Temporary fill, returned to natural dimensions 16 T12 Temporary fill, returned to natural dimensions 5 P4 Temporary fill, returned to natural dimensions with buried ri ra and newly sloped banks. 16 P6 Temporary fill, returned to natural dimensions with buried ri ra and newly sloped banks. 20 P8 Temporary fill, returned to natural dimensions with buried ri ra and newly sloped banks. 21 Total 57 Noy` Carolina Ntumily North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771-5000 Customer Service Winston-Salem Regional Office Winston-Salem, NC 27107 Fax (336) 771-4630 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer- 50%a Recycled/10% Post Consumer Paper Horse Pen Creek Sewer Expansion City of Greensboro December 17, 2008 DWQ # 08-1723 Page 2 Wetland Impacts Identifier Type of impact Temporary Impact area acres T1 Temporary fill, returned to contours and vegetation 0.007 T2 Temporary fill, returned to contours and vegetation 0.001 T5 Temporary fill, returned to contours and vegetation 0.010 T6 Temporary fill, returned to contours and vegetation 0.027 T7 Tem orary fill, returned to contours and vegetation 0.004 T9 Temporary fill, returned to contours and vegetation 0.0004 P1 Temporary fill, returned to contours with maintained vegetation 0.003 P2 Temporary fill, returned to contours with maintained vegetation 0.0007 P3 Temporary fill, returned to contours with maintained vegetation 0.014 P5 Temporary fill, returned to contours with maintained vegetation 0.004 P7 Temporary fill, returned to contours with maintained vegetation 0.015 Total 0.086 2. Replanting of vegetation within temporarily disturbed buffer areas located outside of the permanent maintained corridor shall be done in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0250. 4. 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 Winston-Salem Regional Office of the NCDWQ at the address listed on the form. 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 contact Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at sue.homewood@ncmail.net. Sincere , Coleen H. Sullins, Director Division of Water Quality cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office Todd Preuninger, Withers & Ravenel, 111 Mackenan Dr, Cary, NC 27511 DWQ Winston-Salem Regional Office DWQ Wetlands/401