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Home My WebLink About20081100 Ver 1_Approval Letter_20090202LT-NXA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary Mr. Reginald Lee City of Greensboro Facilities Management Division 1001 4th Street Greensboro, NC 27405 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Lee: February 2, 2009 DWQ# 08-1100 Guilford County You have our approval, in accordance with the attached conditions, to place permanent fill in 241 linear feet, to flood 36 linear feet and temporary fill 15 linear feet of unnamed tributary to South Buffalo Creek. In addition you have our approval to permanently fill and flood 0.050 acres of wetlands and temporary fill 0.0085 acres of wetlands within the project boundaries. Also you have our approval to reconstruct approximately 166 linear feet of stream, relocation within the project boundaries in order to construct the Greensboro Gateway Gardens public recreation facility located on E. Lee St and Pear Street in Greensboro, NC in Guilford County, as described in your application received by the Division of Water Quality on July 23, 2008 and additional information received October 6, 2008, December 1, 2008 and January 6, 2009. After reviewing your application, we have determined that this activity is covered by General Water Quality Certification Number 3705, which can be viewed on our web site at http://www.ncwateEguality.org/wetlands.html. This Certification allows you to use Nationwide Permit Number 42 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 Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit expires 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. For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Natura!!Y 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 Location Identifier Amount Approved (linear feet) Type of Impact Impact area #1 36 Flooding Impact area #2 36 Installation of permanent culvert with headwalls Impact area #3 180 Fill of existing intermittent stream channel Impact area 7 25 Fill of existing intermittent stream channel Impact area 8 15 Temporary impact for construction purposes Total 292 Wetland Impacts Location Identifier Amount Approved (acres) Type of Impact Impact area A 0.001 Fill Impact area B 0.049 Flooding Impact area C 0.0085 Temporary fill Total 0.0585 2. Stream reconstructions at impact areas 4, 5 and 6 shall be conducted in accordance with the plans and designs submitted with the application documentation. 3. Monitoring of the stream reconstruction/relocation areas shall be conducted in accordance with Monitoring Level II of the Stream Mitigation Guidelines April 2003. Monitoring shall be conducted for a minimum of three years and two bankfull events. 4. The installation of the 42" culvert at impact area #2 shall be installed so that the bottom of the pipe is at grade elevation, not buried in accordance with Condition #13 in WQ Certification #3705. 5. The final, written stormwater management plans (including a signed and notarized Operation and Maintenance Agreement) must be implemented and the stormwater management facilities shall be constructed and operational before any permanent building is occupied at the subject site. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 6. 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 NC Division of Water Quality at the address listed on the form. Along with the Certificate of Completion, please send photographs showing the restored stream reach. 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 telephone Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631. Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: Andy Williams, Army Corps of Engineers, Raleigh Regulatory Field Office Becky Ward, P.E., Ward Consulting Engineers, PC, 8386 Six Forks Rd, Suite 101, Raleigh NC 27615- 5088 DWQ Wetlands/401 DWQ Winston-Salem Regional Office DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: Certificate 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/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ 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 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: Date: Agent's Certification I, , 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: 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 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 Registration No. Date