20060684 Ver 1_Approval Letter_20070601

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Michael F. Easley, Governor
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 H. Sullins, Director
Division of Water Quality
DWQ Project # 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
(USAGE). 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:
401 OversightlExpress Review Permits Unit
1650 Mait Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]Intemet: htta://h2o.enr.state.nc.us/ncwetlands
N°ne Carolina
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An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

City of Greensboro
Page 2 of 3
June 1, 2007
Amount Approved
(Units Plan Location or Reference
Stream 422 (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 (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.armv.miUwetlands/mitigation/stream mitigation.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 wired River and Sub-basin Number
Stream 422 linear feet Ca a 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

City of Greensboro
Page 3 of 3
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 OversightlExpress 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 Ce tral Office in
Raleigh at 919-733-1786 or Daryl Lamb in the DWQ Winston-Salem Regional Offi~e at~6-771-5000.
Si ere y,
Coleen H.
CHS/ijm
Enclosures: GC3625, GC27, GC3626, and GC3634
Certificate of Completion
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
Sullins
Filename: 060684COGreensboroNewGardenRoad(Guilford~01 _MOD_Revised