20060684 Ver 1_More Info Received_20100226

for file 06-0684 please
for file 06-0684 please
Homewood, Sue
Sent: Friday, February 26, 2010 4:33 PM
To: Dennison, Laurie
Attachments: D00022610.tif (378 KB)
Sue Homewood
NC DENR Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
Page 1 of 1
a. trl
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
https://mail.nc.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAACChSeOTRSCT5TN0706x... 3/10/2010
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City of Greensboro
66AO North Carolina
February 22, 2010
U.S. Anny Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Attention: Mr. Andrew E. Williams
FFEB F 2010
DENR • WATER QUALITY
WETLANDS MQ STORMWAM BRANCH
Engineering & Lispections IDeWirtment
( REC t IVt D
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N. u. Do nt. of E"41
Subject: SAW-2007-03980, New Garden Road Structure Replacement
Mr. Williams,
As we had previously discussed, construction of the proposed three-sided culvert and stream
restoration/enhancement for the New Garden Road widening project is behind schedule due to
contract and weather issues. The existing water line has been relocated to its new location
downstream of the proposed culvert and construction has begun on the northwest portion of the
structure foundations, but due to extremely wet conditions the foundation work is progressing
very slowly.
The jurisdictional determination is set to expire on April 3, 2010. It appears at the current
projected schedule the culvert and stream restoration/enhancement portion of the contract will
not be complete until mid spring 2011.
The City of Greensboro would like to request that the jurisdictional determination and associated
Nationwide Permits for this project be extended until July 3, 2011, or a period of fifteen (15)
months beyond its existing expiration date of April 3, 2010, in order to allow adequate time to
complete construction of the culvert and stream restoration plantings associated with this project.
Your consideration of this request is appreciated. If you need any additional information or wish
to discuss this request please feel free to call me.
Sincerely,
Guy Ingle, esign Engnneer
Engineering nspections Department
i
Cc:
ue Homewood, NCDENR-DWQ
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P.O. Box 3136 - Oreensboro, NC 27402-31.36 - www.greensboro-nc.gov • (836) 873-230`2 - (336) 273-CI'T'Y (2489) • TTY # .333.6930
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 1, 2007
Mr. Donald Arant, Acting City Engineer
City of Greensboro Engineering Division
P.O, Box 3136
Greensboro, NC 27402
Subject Property: City of Greensboro -- New Garden Road
Horsepen Creek [030602, 16-11-5-(2), WSIII, NSW]
Coleen 1d. Sullins, Director
Division of Water Quality
DWQ Project H 06-0684
Guilford County
Approval of 401 Water Quality Certification with Additional Conditions - MODIFICATION- Revised
Dear Mr. Arant:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 422 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 modified application dated February 19, 2007, which was received by the N.C. Division of
Water Quality (DWQ) on March 28, 2007. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3625, 3627, 3626, and 3634
(GC3625, GC3627, GC3626, and GC3634). The Certification(s) allows you to use Nationwide Permit(s)
NW 12, NW 14, NW27, and NW33, respectively, when issued by the US Army Corps of Engineers
(USACE), This Certification replaces the Certification issued to you on May 15, 2007. 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 150 linear 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:
No One
aro?ina
4010versightlExpress Review Permits Unit !lt!<C!7
1650 Mail Servlce Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suile 250, Raleigh, North Carolina 27604
Phone: [phone]/FAX [phone]ntemot; http:llh2o.enr.slate.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% RecycledhO% Post Consumer Paper
Page 2 of 3
June 1, 2007
Amount Approved
(Units) Plan Location or Reference
Sit-Cain 422 linear feet) PCN page 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.
Mitigation:
4. Compensatory Mitigation Using Stream Relocation/Stabilization (No Further Approval Necessary)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you have proposed restoring a degraded onsite perennial stream. You have
our approval for your proposed final stream relocation/restoration plans with the requirement for
Monitoring Level I as described within the joint State/Federal agency Stream Mitigation Guidelines
located at: http://www.saw.usace.army.mil/wetlands/mitigation/stream rnitigation 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
Required River and Sub-basin Number
Stream 422 linear feet Cape Fear/03030002
5. 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
rages of >
June 1, 2007
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.
6. 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 Noah 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 Ce tral Office in
Raleigh at 919-733-1786 or Daryl Lamb in the DWQ Winston-Salem Regional Office at?6-771-5000,
CHSlijm
Enclosures: GC3625, GC27, GC3626, and GC3634
Certificate of Completion
Si erely,
i
Coleen H. Sullins
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: 060684COGreensboroNew0ardenRoad(Guilford)401_MOD Revised
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2007-03980 County: Guilford USGS Quad: Greensboro
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Donald Arant, P.E., Chief Design Engineer, City of Greensboro
Address: City of Greensboro Engineering Department
P.O. Box 3136
Greensboro, North Carolina 27402-3136
Telephone No.: 336-373-2465
Size and location of property (water body, road name/number, town, etc.): Approximately 1 acre; located
approximately 1000 feet northeast of the New Garden Road, Jefferson Road intersection in Greensboro, North
Carolina.
Description of projects area and activity: This authorization is for the discharge of clean fill material associated with
the replacement of an existing bridge with a bottomless arch culvert and stream relocation/restoration of two (2)
unnamed tributaries to Horse en Creek, and the relocation of a waterline. This authorization supersedes US
Army Corps of Engineers Action ID numbers 200221316 and 200620838. The specific impacts are summarized in
the table on Pa e 3 of this authorization. The ro'ect must be conducted in accordance with the application and
Additionally, the project must he completed in accordance with the five S exhibits provided to the NCDW via
letter dated January 19, 2007 and received by the USAGE on January 23, 2007, The stream restoration
monitoring must be conducted in accordance with the information provided on December 5,2007 and February
27,2008.
(Applicable Law: ® Section 404 (Clew( Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12, 14,-27, 33
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
pennittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Andrew Williams at telephone number 919-876-8441 extension 26.
Corps Regulatory Official ZAI- tz ?, Date: April 3, 2008
Expiration Date of Verification: April 3, 2010
Page 1 of 3
?7-06
'The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at http•//regulatoty.usacesurvey.Coni/ to complete the survey
online.
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued June 15, Action ID 200620838
Basis of Jurisdictional Determination: The streams are relatively permanent water (RPW) and an unnamed tributaries to the
Horse en Creek a RPW and tributa to Brandt Lake which is an impoundment of Reed Fork a RPW and other RPWs.
Lake Brandt discharges to Reedy Fork, a tributary to the Haw River, a traditionally navigable water (TNW). The Haw River
is a tributary to the Cape Fear River, a navigable water of the United States. The Ordinary _High Water Mark (OHWM) of
the unnamed tributaries was indicated by the .following_physical characteristics: clear natural line impressed on the bank,
shelving, changes in the character of the soil, and the destruction of terrestrial vegetation.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. if you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Andrew Williams, Project Manager,
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 33 1.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by June 2, 2008.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:?s1Cr??
Date April 3, 2008
Expiration Date April 3, 2013
Page 2 of 3
Summary of Authorized Impacts and Required Mitigation
Mtion ID
J NWP / GP Den Water (ac) Wetland ac Unim ortant Steam 1 Important Stream
# # Temporary Permanent Temporary Permanent "Temporary Permanent Temporary Permanent
SAW-2007-
03980 NWP 14 100
NWP 27 322
NWP 12 4
NWP 33 177
Impact Totals 0 0 0 Q 0 0 181 422
Total Loss of Waters of the U.S. (ac) 0 'T'otal Loss of Waters of the U.S. (1 322
Re uired Wetland Miti ation ac Re uired Stream Miti ation 1 516 Permittee
Additional Remarks and/or Special Pen-nit Conditions:
Please note that construction of the arch span does not count toward impacts authorized by this permit (no
discharge of fill in the stream). Impacts associated with NWP 14 are for bank restoration activities underneath the
span.
The permittee sliall implement the mitigation plan as proposed in the application dated February 21, 2007 and in
accordance with the five (5) exhibits provided to the NCDWQ via letter dated January 19, 2007 and received by
the USACE on January 23, 2007. This plan, which includes the restoration/relocation of 322 linear feet of stream
channel, and the enhancement of 155 linear feet of stream channel shall be implemented prior to, or concurrently
with any impacts to waters of the United States associated with this permit authorization. Mitigation monitoring
will be conducted in accordance with the Mitigation and Monitoring Plan received for this project on February 27,
2008.
If the NWP 27 portion of the project is not completed or fails to provide the project site with more stable ecological
and hydrological function, as indicated by the proposed monitoring plan, additional mitigation will be required.
The site has been placed in a permanent conservation easement and will remain so in perpetuity.
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO T14E FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished;
Sue Homewood
North Carolina Department of Natural Resources
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Betty Farr
Jewell Engineering Consultants, PC
311 South Main Street, Suite A
Kernersville, NC 27284
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