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HomeMy WebLinkAbout20061121 Ver 1_Approval Letter_20070105r \ O~O~ W AT ~RQG ~ r ~ -i O ~ CERTIFIED MAIL: 7004 2510 0002 2177 4842 RETURN RECEIPT REQUESTED Mr. Barry Siegal and Mr. Willard Tucker P. O. Box 8306 Greensboro, NC 27419 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources R "`~ ~ ~ ~~~ ~~ `e f7' ~' ~ `~ ~~~ i7fa~OfF`" k~~%i P ~ lal. w~! ~~" 'd4'~~ I..e!~fli ~.1'~t) ~1'i ~ t+f {~Rrk; f ~ 41 RtghNl)FI APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Messrs. Siegal and Tucker: Alan W. Klimek, P.E. Director Division of Water Quality January 5, 2007 DWQ# 06-1121 Guilford County You have our approval, in accordance with the attached conditions, to place permanent fill in 105 linear feet of perennial stream in order to construct a road crossing for an access road into your property located at the intersection of West Wendover Avenue and Piedmont Parkway in High Point, Guilford County, as described in your application received by the Division of Water Quality (DWQ) on July 19, 2006 and in additional information received by DWQ on November 20, 2006 and January 3, 2007. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3404, which can be viewed on our~web site at http://www.ncwaterquality.org/wetlands.html. This Certification allows you to use Nationwide Permit Number 14 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 proj ect, you must notify us in writing, and you maybe 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 fill for this project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear feet, compensatory mitigation may be 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 this Certification are met. No other impacts, including incidental impacts, are approved: Non` Carolina ~tura!!r~ 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.om Customer Service Number: 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper Messrs. Siegal and Tucker Page 2, DWQ# 06-1121 January 5, 2007 Amount A roved Plan Location or Reference Streams 105 linear feet Unnamed tributary to Long Branch located at the intersection of West Wendover Avenue and Piedmont Parkway in High Point, Guilford County, as depicted on the site plan included with the a lication 2. A final, written stormwater management plan must be approved in writing by this Office before the impacts specified in this authorization occur, per condition No. 6 in General Certification 3404. The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class WS-IV and designed to remove, at a minimum, 85% Total Suspended Solids according to the most. recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any new permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office, as well as drainage patterns, must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. This stormwater management plan must be submitted to the Central Office of the Wetlands/401 Certification Unit in Raleigh within 60 days of receiving this letter. 3. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most recent version of the North Carolina Erosion and Sediment 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. 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. 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 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. 5. No waste, spoils, 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. Messrs. Siegal and Tucker • Page 3, DWQ# 06-1121 January 5, 2007 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 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. All construction activities associated with this project shall minimize built-upon surface area, direct stormwater runoff away from surface waters, and incorporate best management practices to minimize water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters until it has cured. If any stormwater must be collected for discharge into a stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as sheet flow prior to entering the riparian buffer on either side of the stream. 8. The proposed project -must comply with the local 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. 9. Upon finishing the project, the Applicant 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 Wetlands/401 Certification Unit of the NC Division of Water Quality at the address listed on the form. Along with the Certificate of Completion, please send photographs upstream and downstream of the culvert 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, .,~- Alan W. Klimek, P.E. AWK/cdl Messrs. Siegal and Tucker Page 4, DWQ# 06-1121 January 5, 2007 Attachments cc: Mr. Monte Mathews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office Mr. Brian Sullivan, City of High Point, P. O. Box 230, High Point, NC 27261 DWQ, Winston-Salem Regional Office Central Files Wetlands/401 File Copy Mr. Joe Humble, Davis-Martin-Powell & Associates, Inc., 6415 Old Plank Road, High Point, NC 27265