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HomeMy WebLinkAbout20070410 Ver 1_Approval Letter_20070613Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality June 13, 2007 City of Greensboro 2602 South Elm-Eugene Street Greensboro, NC 27406 Re: Lake Townsend Dam Replacement, Guilford County Reedy Creek, 16-11-(3.5), Class WSIII, NSW CA DWQ #20070410; USAGE Action ID. No. 2007-00895-241 APPROVAL of 401 Water Quality Certification With Additional Conditions To Whom It May Concern: Attached hereto is a copy of Certification No. 3663 issued to the City of Greensboro, dated May 29, 2007. In addition, you should get another federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. This Certification replaces the one issued to you on May 29, 2007. If we can be of further assistance, do not hesitate to contact us. Sincerely, ,~ 1~~~`~`d- Coleen H. Sullins AWK/cbklijm Attachments: Certificate of Completion cc: Becky Fox, EPA -Region 4, 1307 Firefly Road, Whittier, NC 28789 U.S. Army Corps of Engineers, Raleigh Regulatory Field Office Wilmington District, USACOE Steve Tedder, DWQ, Winston-Salem Regional Office Shari Bryant, Wildlife Resources Commission John Sutherland, Division of Water Resources File Copy _ Central Files Shearin Dramby, Brown and Caldwell, 5410 Trinity Road, Suite 320, Raleigh, NC, 27607 Filename: 20070410LakeTownsend(Guilford)401 ICMOD 401 Wetlands Certification Unit ~llt1>!CQ~~I,~ 1650 Mail Service Center, Ralegh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: http:/lh2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50°h Recycled110°k Post Consumer Paper City of Greensboro, Lake Townsend Dam Replacement Page 2 of 5 June 13, 2007 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. to the City of Greensboro to temporarily fill or otherwise impact 0.75 acre of Lake Townsend and place permanent fill in 240 linear feet of Reedy Fork Creek and 0.20 acre of wetlands in the Cape Fear River Basin, associated with the replacement of the existing dam at Lake Townsend including the primary spillway, raw water intake, and pump station in Guilford County, North Carolina, pursuant to an application filed on the 16th day of March of 2007 and received on March 20, 2007, and in additional correspondence received May 25, 2007 and June 13, 2007. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. 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 of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream .fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506. (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount A roved Plan Location or Reference Waters 0.75 acre, temporary US Army Corps of Engineers' Public Notice Issue Date: March 16, 2007 404 Wetlands. 0.20 acre, permanent US Army Corps of Engineers' Public Notice Issue Date: March 16, 2007 Streams 2401inear feet,. US Army Corps of Engineers' Public permanent Notice Issue Date: March 16, 2007 City of Greensboro, Lake Townsend Dam Replacement Page 3 of 5 June 13, 2007 Sediment and Erosion Control: 2. 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. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. 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 404/401Permit Application. 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; 4. 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; Continuing Compliance: 5. The City of Greensboro shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify the City of Greensboro and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the City of Greensboro City of Greensboro, Lake Townsend Dam Replacement Page 4 of 5 June 13, 2007 in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Mitigation: 6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Stream Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if .you have any questions concerning payment into a restoration fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Stream Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Re uired River and Sub-basin Number Stream 240 (feet) Ca e Fear, 030602 Other Conditions: 7. The new dam shall maintain minimum flow requirements based on athree-tiered release schedule tied to the amount of usable storage remaining in the City of Greensboro's combined impoundments on Reedy Fork. 8. Reductions in the minimum release shall be accompanied by aten-percent reduction in withdrawal from the Reedy Fork source of water supply for each tiered reduction in downstream release. 9. The tiered release developed in consultation with the City of Greensboro shall not exceed 7 c.f.s., when in the top tier, and shall not be more than the 7Q10, when in the bottom tier. The extent to which filter backwash water can be counted as part of the tiered flow release targets will be determined during discussions with the City of Greensboro. 10. 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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. City of Greensboro, Lake Townsend Dam Replacement Page 5 of 5 June 13, 2007 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 Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 13th day of June, 2007 DIVISION OF WATER QUALITY ~' ~ ~ ' Coleen H. Sullins Director CHS/cbk 3663 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, the City of Greensboro has permission as outlined below to impact 0.20 acre of wetlands, 2401inear feet of streams, and 0.75 acre of waters associated with the replacement of the existing dam at Lake Townsend including the primary spillway, raw water intake, and pump station in Guilford County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJECT #: 2007-0410 LOCATION: Lake Townsend COUNTY Guilford BASIN/ SUB BASIN Cape Fear, 030602 As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above nutigable impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the. Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements. must be rounded up to the nearest foot according to 15 2R.0503(b). Im acts Miti ation* 0.20 Acres of ri arian wetland Not re uired for 401 Water Quali Certification 0.75 acres temporary impacts to waters of Lake Townsend Not required for 401 Water Quality Certification 240 Linear feet of Stream 240. Linear feet of Stream mitigation required for 401 Water Quali Certification *Mitigation requirements described herein apply to the 401 Water Quality Certification. In correspondence dated May 9, 2007, the EEP indicated that mitigation credits of up to 480. feet of stream mitigation and 0.40 acre of wetland mitigation would be conducted by the EEP if necessary pursuant to conditions of the 401 Water Quality Certification and 404 Permit. One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands and/or Stream Restoration Funds per NCAC 2R.0503. If you choose this option, please sign this. form and mail the form along with a copy of your 401 Certification to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center _ RALEIGH, N.C. 27699-1652 (919) 733-5205 Filename: 20070410LakeTownsend(Guilford)EEP 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org None Caro a turn An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper