20060684 Ver 1_Approval Letter_20070323

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 23, 2007
Mr. Donald Arant, Acting City Engineer
City of Greensboro Engineering Division
P.O. Box 3136
Raleigh, NC 27602-0590
Subject Property: City of Greensboro -New Garden Road
Horsepen Creek [030602, 16-11-5-(2), WSIII, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Arant:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-0684
Guilford County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 350 linear feet of stream for the purpose of widening New Garden Road, and
performing stream relocation restoration on Horsepen Creek stream at the subject property, as described
within your application dated April 19, 2006, which was received by the N.C. Division of Water Quality
(DWQ) on Apri121, 2006, with additional information received from you on January 23, 2007. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3625 and 3626 (GC3625 and GC3626). The Certification(s) allows you to use
Nationwide Permit(s) NW 12 and NW27, respectively, when issued by the US Army Corps of Engineers
(USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply
with any other required federal, state or local permits before you go ahead with your project including
(but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval
to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us 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 conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 1501inear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 OversighUExpress Review Pennits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/FAX[phone]nternet: htto~//h2o enr.state nc.us/ncwetlands
Noe Carolina
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An Equal OpportunitylAffirmative Action Employer- 50% Recycled110°~ Post Consumer Paper

City of Greensboro
Page 2 of 5
March 23, 2007
Amount Approved
(Units) Plan Location or Reference
Stream 350 linear feet) PCN a e 9 of 14
2. Erosion & Sediment Control Practices
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:
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.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
Miti ation:
4. Compensatory Mitigation Using Stream Relocation/Stabilization (Mitigation) (Final Plan Needed)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you have proposed restoring a degraded ousite perennial stream. Before any
of the impacts authorized in this Certification occur, you must provide final stream
relocation restoration plans and receive written approval frem this Office for a final stream
relocation/restoration plan. The plan must include designs and specifications that meet the definition
of stream restoration (or enhancement if no relocation is proposed) according to the latest version of
the Internal Technical Guide for Stream Work in North Carolina (available at
http://h2o.ehnr.state.nc.us/ncwetlands/strmgide.html). The stream and buffer relocation must be
constructed, maintained, and monitored according to the plans approved by this Office. Any repairs
or adjustments to the site must be made according to the approved plans or must receive written
approval from this Office to make the repairs or adjustments. The relocated stream must be
preserved in perpetuity by use of a conservation easement or other similar mechanism as part of the
approved plans.
Compensatory Mitigation
Re uired River and Sub-basin Number
Stream 350 (linear feet) Ca e Fear/03030002

City of Greensboro
Page 3 of 5
March 23, 2007
5. Protective Fencing
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 33 and GC 3402.
6. Proposed Bottomless Culvert
You have proposed a bottomless culvert for your project. Please submit a signed and sealed
geotechnical report indicating that your culvert will be installed in strict compliance with the
NCDOT DIVISION OF HIGHWAYS -GUIDELINES FORDRAINAGE STUDIES AND
HYDRAULIC DESIGN, PREPARED BYA. L. HANKINS, JR., P.E. STATE HYDRAULICS
ENGINEER -1999. This report states, "When a shallow (3-5 foot max. depth) non-erosive rock
foundation is found throughout the proposed site, the structure can be built on footings without a
bottom allowing retention of the natural channel bed. Before any of the impacts authorized in
this Certification occur, you must receive written approval from this Office for your
proposed bottomless culvert.
7. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts .shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert. Therefore, you must provide plans with adequate details that indicate that the current
stability of the stream will be maintained or enhanced. You must receive written approval from this
Office for the above plans before the culvert(s) is installed: Culvert(s) must be installed according
to approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must 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 or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.

City of Greensboro
Page 4 of 5
March 23, 2007
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
8. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
9. 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 the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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 Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771-5000.
AWK/~m
Sincerely,
Alan W. Klimek, P.E.
Enclosures: GC 3625 and GC3626
Certificate of Completion

City of Greensboro
Page 5 of 5
March 23, 2007
cc: USACE Raleigh Regulatory Field Office
Daryl Lamb, DWQ Winston-Salem Regional Office
Sue Homewood, DWQ Winston-Salem Regional Office
Brian Wrenn, DWQ Raleigh Regional Office
DLR Winston-Salem Regional Office
File Copy
Central Files
Filename: 060684COGreensboroNewGardenRoad(Gu i Iford)401