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HomeMy WebLinkAbout20060025 Ver 1_Approval Letter_20060606~OF wATF9o Michael F. Easley, Governor ~~ ~i William G. Ross Jr., Secretary ~ r North Carolina Department of Environment and Natural Resources ~ ~ p .~ Alan W. Klimek, P.E. Director Division of Water Quality June 6, 2006 DWQ# 06-0025 Guilford County Mr. Chris Thompson City of High Point P. O. Box 230 High Point, NC 27261 APPROVAL of 401 Water Quality Certification with ADDITIONAL CONDITIONS and NO PRACTICAL ALTERNATIVES DETERMINATION per the Randleman Lake Water Supply Watershed Buffer Protection Rules (15A NCAC 2B .0250) Dear Mr. Thompson: The City of High Point has our approval, in accordance with the attached conditions, to place temporary fill associated with trenching and backfilling in 35 linear feet of perennial stream and to place fill in or otherwise impact 1,357 square feet (ft2) of protected riparian buffer (Zone 2) in order to install a raw water transmission line for the City Lake Raw Water System in High Point, Guilford County, as described in your application received by the Division of Water Quality (DWQ) on January 3, 2006 and in additional information received by DWQ on Apri121, 2006 and June 2, 2006. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3374, which can be viewed on our web site at http://www.ncwaterqualit ~~or~/wetlands.html. This Certification allows you to use Nationwide Permit Number 12 when it is issued by the U.S. Army Corps of Engineers. This letter also acts as your approved "No Practical Alternatives" determination for impacts to the protected riparian buffers per 15A NCAC 2B .0250(2). 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. If total wetland fills for this project (now or in the future) exceed one acre, or total fill to perennial streams equals or exceeds 150 linear feet, compensatory mitigation maybe 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 the Certification are met. No other impacts, including incidental impacts, are approved: _ Ane Carolina ~aturR!!~ North Carolina Division of Water Quality Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http:l/www.ncwaterguality.orp Customer Service Number: 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer- 50% Recycledl10% Post Consumer Paper Mr. Chris Thompson Page 2, DWQ# 06-0025 June 6, 2006 Amount A roved Plan Location or Reference Streams 35 linear feet Unnamed tributary to Deep River north of Kivett Drive as depicted on the Project Location Map included with the Pre-Construction Notification Amount A roved Plan Location or Reference Buffers 1,357 square feet Zone 2 Riparian buffer adjacent to small lake south of Cedrow Drive as depicted on the Project Location Map included with the Pre-Construction Notification 2. Appropriate sediment and erosion control measures, which equal or exceed those outlined in the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR regional offices or the central office), whichever is more appropriate, shall be designed, installed and maintained properly to assure compliance at all times with the North Carolina water quality standards that are applicable to Class WS-IV waters as described in 1 SA NCAC 02B .0216 Fresh Surface Water Quality Standards For Class WS-IV Waters. Such measures must equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are associated with this project. 3. 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 measures in wetlands or waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the project is completed or, if applicable, within six months of the date that the project is released by the North Carolina Division of Land Resources. 4. 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. 5. If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters until it has cured. 6. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum dimensions specified by appropriate engineering calculations. Riprap may only be used below the normal high water level. The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth. Mr. Chris Thompson Page 3, DWQ# 06-0025 June 6, 2006 sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream bottom must not be increased by the placement of riprap. Placement of riprap must not result in destabilization of the streambed or banks upstream or downstream of any crossing 7. The proposed project must comply with the City of High Point's water supply ordinance approved by the N.C. Environmental Management Commission (EMC) as required under the Randleman Lake Water Supply Watershed: Protection and Maintenance of Riparian Areas (Randleman Buffer Rule) 15A NCAC 02B .0250. 8. 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. Along with the Certificate of Completion form, please send photographs upstream and downstream of each stream-crossing site to document correct installation. 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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771- 4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631. Sincerely, Q~~~~e~~ JUN _ 9 2006 DENR -WATER ~~ALIT"v WETLANDS AND STORMWATER BRANCH AWK/cdl Attachments ~~ ~~ Alan W. Klimek, P.E. cc: Mr. Todd Tugwell, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office DWQ, Winston-Salem Regional Office Central Files Wetlands/401 File Copy Mr. Keith Proffitt, P. E., Black & Veatch International Company, 8520 Cliff Cameron Drive, Suite 350, Charlotte, NC 28269-0019