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
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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
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