20091297 Ver 1_Approval Letter_20100105

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Ms. Yvonne Johnson
City of Greensboro
PO Box 3136
Greensboro, NC 27402
APPROVAL of 401 Water Quality Certification with Additional Conditions
APPROVAL of Jordan Lake Buffer Impacts with Additional Conditions
Dear Ms. Johnson:
January 5, 2010
DWQ# 09-1297
Guilford County
You have our. approval, in accordance with the attached conditions, to place fill and impact 149 linear feet of an
unnamed tributary to Buffalo Creek and 0.02 acres of wetlands to combine existing ponds on the property and remove
an existing unstable spillway and to impact 2.27 acres of Jordan Lake buffer to conduct dam repair and maintenance
activities, pond bank stabilization activities, and to install a walking trail for the future Keeley Park Site located in
Greensboro, NC in Guilford County, as described in your application received by the Division on December 8, 2009,
and additional information received on January 11, 2010. After reviewing your modification application, we have
determined that this fill is covered by General Water Quality Certification Numbers 3705, which can be viewed on our
web site at http://h2o.enr.state.nc.us/ncwetlands/rd_wetlands_certifications.htm. This Certification allows you to use
Nationwide Permit Number 39 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 (including trout buffer waivers as necessary), Non-Discharge, State
Stormwater, 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:
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
Keeley Park Site
DWQ# 09-01297
January 19, 2010
Page 2
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:
Identifier Stream Im act length
Site S 1 UT to Buffalo Creek 149 feet permanent impact
Total 149 linear feet permanent impact
Identifier Type of Impact Impact area
Site W1 Flooding 0.02 acres
Total 0.02 acres permanent impact
Identifier Zone 1 area Zone 2 area
Site B 1 No new impacts No new impacts
Site B2 5,005 square feet 2,251 square feet
Site B3 No new impacts No new impacts
Site B4 No new impacts No new impacts
Site B5 5,928 square feet 7,568 square feet
Site B6 29,877 square feet 5,200 square feet
Site B7 10,568 square feet 2,829 square feet
Site B8 7,764 square feet 6,464 square feet
Site B9 3,490 square feet 3,145 square feet
Site B 10 496 square feet 7,606 s uare feet
Site B11 800 square feet 190 square feet
Total 63,928 square feet 1.47 acres 35,253 square feet 0.81 acres
2. A final, written diffuse plan (including a signed and notarized Operation and Maintenance Agreement) must be
submitted to the 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC,
27604) within 60 days of the issuance of this 401 Water Quality Certification. The diffuse flow plan shall comply
with the technical guidance set forth in Chapter 8 of the North Carolina Stormwater BMP Manual, available at:
http://h2o.enr.state.nc.us/suibmp forms.htm.
The diffuse flow plan applies to all impervious surfaces within the park except the walking trail system around the
ponds. The diffuse flow plan must include one Level Spreader Supplement Form for each proposed level
spreader, including the Required Items checklist and all items listed therein (also available at the above web site).
Before any permanent building is occupied at the site, the diffuse flow facilities shall be constructed and
operational according to the design and specifications approved by this Office.
The diffuse flow practices as approved by this Office as well as drainage patterns must be maintained in
perpetuity. No changes to the diffuse flow practices shall be made without written authorization from the Division
of Water Quality. Stormwater easements shall be recorded for a distance of at least 10 feet on each side of all
stormwater conveyances, including future access for maintenance. The stormwater easements shall allow for the
ability to maintain the structures, perform corrective actions as described above and shall provide protection of the
structures from potential alternations. The Operation and Maintenance Agreements must transfer with the sale of
the land or transfer of responsibility for the stormwater facilities and the DWQ must be notified of every transfer.
Keeley Park Site
DWQ# 09-01297
January 19, 2010
Page 3
3. All stormwater runoff from the new walking trail and newly paved portions of the existing walking trail shall be
directed to the buffer as diffuse flow or through a properly sized grass swale. No new stormwater shall be directly
discharged to any surface waters on the site.
4. A new 30 foot wooded/shrub buffer will be established along the combined pond banks and an additional 20 foot
vegetated buffer will be established outside of the 30 foot buffer. All tree conservation areas will be protected as
undisturbed areas in perpetuity.
5. 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.
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
[e-mail].
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Thomas Blackwell, CWS (via email)
Virginia Spillman, City of Greensboro (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401
*11?
Keeley Park Site
DWQ# 09-01297
January 19, 2010
Page 4
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.
A-pplicant'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:
Agent'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:
Engineer's Certification
Partial Final
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