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HomeMy WebLinkAbout20120443 Ver 1_Approval Letter_20120517tJt1� ®�PI�1� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld P E Dee Freeman Governor Director Secretary May 17 2012 DWQ# 12 0443 Guilford County Jana Stewart City of Greensboro Water Resources Dept 2602 S Elm Eugene St Greensboro NC 27406 APPROVAL of 401 Water Quality Certification with Additional Conditions APPROVAL of Jordan Lake Riparian Buffer Impacts with Additional Conditions Dear Ms Stewart You have our approval to conduct stream and wetland restoration and enhancement activities for the South Buffalo Creek Habitat and Water Quality Improvement Project in accordance with the attached conditions along a total of approximately 3019 existing linear feet of South Buffalo Creek and its tributaries 0 0048 acres of wetlands and to temporarily impact 63 278 square feet of Zone One and 46 782 square feet of Zone Two of Jordan Lake Riparian Buffers located in Greensboro NC in Guilford County as described in your application received by the Division of Water Quality on May 2 2012 After reviewing your application we have deternuned that this activity is covered by General Water Quality Certification Number 3885 which can be viewed on our web site at http / /www ncwatgrqualgy org/wetlands html This Certification allows you to use Nationwide Permit Number 13 or 27 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 lasted an the attached certification, as well as the additional conditions lasted below The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met No other impacts including mcidental impacts are approved Stream Impacts Location Identifier Amount Approved Type of Impact S Buffalo Creek, 3019 linear feet Restoration and enhancement see design Piedmont Creek, Kersey Tributary UT1 UT2 and UT3 North Carolina Division of Water Quality Winston -Salem Regional Office Location 585 Waughtown St Winston Salem North Carolina 27107 Phone 336 7715000 1 FAX 336 771 -46301 Customer Service 1- 877 -623 -6748 Internet www ncwaterquality org An Equal Opportunity 1 Affirmative Action Employer NofthCariohna Natffir 'l`'ff S Buffalo Creek Habitat and Water Quality Improvements DWQ# 12 0443 May 17 2012 Page 2 of 4 Buffer Impacts Identifier Zone 1 Impact Zone 2 Impact Site B 1 40 048 square feet impact 40 4052 square feet impact Site B2 11 342 square feet impact 547 square feet impact Site 133 11 888 square feet impact 5 783 s uare feet impact Total 63,278 square feet temporary impact 46,782 square feet temporary impact Wetland Impacts Sites Type of Impact Amount Approved WA Excavation 0 00002 acres WD Enhancement 0 0046 acres Total 0 0048 acres permanent impact 2 This authorization exempts the Perrmttee from meeting Condition #7 in the attached general certification for the placement of in stream structure material into the stream The Pernuttee shall take all reasonable measures to construct in stream structures while keeping heavy equipment out of the stream channel Stream flow will be diverted around work areas as much as practicable All reasonable steps must be taken to limit the amount of disturbance in the channel and to therefore reduce downstream turbidity during construction This exemption does not relieve the Permittee of meeting stream standards as indicated in 15A NCAC 02B 3 Native vegetation shall be used throughout this project All tree and shrub plantings within the proposed buffer on both sides of the stream shall be protected from mowing or clearing 4 Stream bed habitat material such as cobble and gravel should be harvested from abandoned channels and relocated to new channels to the maximum extent practical Visual monitoring of the relocated streams in stream structures reshaped streambanks and restored/replanted temporary buffer impact areas shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer) and then annually until it is determined that all structures and stream banks are stable (particularly after storm events) and all vegetation is successful Any failures of structures stream banks or vegetation may require future repairs or replacement to ensure the stability and water quality of the stream and downstream waters 6 Upon fimshmg the protect, the Apphcant 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 showmg 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 S Buffalo Creek Habitat and Water Quality Improvements DWQ# 12 0443 May 17 2012 Page 3 of 4 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 Sincerely Charles Waluld P E Director ' Division of Water Quality cc Todd St John Kimley Horn (via email) Thomas Brown USACE Raleigh Regulatory Field Office (via email) DWQ Winston Salem Regional Office DWQ Wetlands /401 S Buffalo Creek Habitat and Water Quality Improvements DWQ# 12 0443 May 17 2012 Page 4 of 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 1650 Mail Service Center Raleigh NC 27699 1650 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 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 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 Engineer's Certification Partial Final Date 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 Date Registration No