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HomeMy WebLinkAbout20060848 Ver 1_Approval Letter_20070622o~~~ WAT~9p~ r ~_ ~ © 'C Michael 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 22, 2007 Mr. Alan Temple City of Winston-Salem P.O. Box 2511 Winston-Salem, NC 27102 Re: Bowen Boulevard Realignment, Forsyth County DWQ #20060848; USACE Action ID. No. SAW-2006-32458-234 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Temple: Attached hereto is a copy of Certification No. 3668 issued to Mr. Alan Temple and City of Winston-Salem, dated June 22, 2007. In addition, you should get any other 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. If we can be of further assistance, do not hesitate to contact us. S' ere , Coleen H. Sullins, Director CHS/cbk/ijm Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements Certificate of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE Daryl Lamb, DWQ, Winston-Salem Regional Office DLR Winston-Salem Regional Office File Copy Central Files Melanie McKinney, S&ME, Inc., 3718 Old Battleground Road, Greensboro, NC 27410 Filename: 060848COWSBowenBlvdRealignment(Forsyth)401_IC 401 OversightlExpress Review Permits Unit 1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-68931 Internet: htta://h2o enr.state.nc.uslncwetlands Na" Carolina tura!!y An Equal OpportunitylAffirmative Action Employer- 50°~ Recycledl10% Post Consumer Paper Mr. Alan Temple and City of Winston-Salem Page 2 of 5 June 22, 2007 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 441 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 Mr. Alan Temple and City of Winston-Salem, to fill or otherwise impact 0.12 acres of 404/wetland, and 4901inear feet of perennial stream (3341inear perennial stream fill with culverts, and 1561inear feet perennial stream relocation and onsite restoration), to construct the proposed Bowen Boulevard realignment, which is located within the southwest quadrant of the intersection of Bowen Boulevard and New Walkertown Road (US 311) in Winston-Salem, Forsyth County, North Carolina, pursuant to an application dated May 18, 2006 and received by the DWQ on May 22, 2006, and by Public Notice by the U.S. Army Corps of Engineers issued on the 6th day of June of 2006 (received by DWQ on June 8, 2006), with additional information received on April 11, 2007. This Certification shall also act as your approved No Practical Alternatives determination for impacts to the protected riparian buffers per 15A NCAC 2B .0250(2). 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 (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount A roved (Units Plan Location or Reference 404/Wetland 0.12 (acres) A lication and Public Notice Stream - erennial 334 linear feet to be filled with culvert A lication and Public Notice Stream - erennial 156 (linear feet to be relocated and restored A lication and Public Notice Mr. Alan Temple and City of Winston-Salem Page 3 of 5 June 22, 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. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 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; Protective Fencing -The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities; Continuing_Compliance: 6. Mr. Alan Temple and City of Winston-Salem 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 Mr. Alan Temple and City of Winston-Salem, and Mr. Alan Temple and City of Winston-Salem Page 4 of 5 June 22, 2007 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 Mr. Alan Temple and City of Winston-Salem 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; Miti ation: 7. 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 Wetlands 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 60 calendar days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Re uired River and Sub-basin Number Stream - erennial 334 linear feet Yadkin/03040101 8. Stream Relocation/Stream Restoration Plans You have our approval for your proposed final stream relocation and restoration plans with the requirement for Monitoring Level I as described within the joint State/Federal agency Stream Mitigation Guidelines located at: httn://www.saw.usace.army.mil/wetlands/mitigation/stream mitigation html The stream relocation and restoration 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 restored stream must be preserved in perpetuity by use of a conservation easement or other similar mechanism as part of the approved plans. 9. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that Mr. Alan Temple and City of Winston-Salem Page 5 of 5 June 22, 2007 disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms maybe found at http: //h2o. enr. state. nc. us/su/Forms Documents. htm. ; 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 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Winston-Salem, NC, 27699-1650. 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. 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, Winston-Salem, 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 22°d day of Jun 2007 DIVISION O W TE UALITY Coleen H. Sullins, Director 3668 CHS/cbk/ijm o~~~ wAr~gQ~ ~ ~ i y ~ O `C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, 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, Mr. Alan Temple and City of Winston-Salem, to fill or otherwise impact 0.12 acres of 404/wetland, and 490 linear feet of perennial stream (334 linear perennial stream fill with culverts, and 156 linear feet perennial stream relocation and onsite restoration), to construct the proposed Bowen Boulevard realignment, which is located within the southwest quadrant of the intersection of Bowen Boulevard and New Walkertown Road (US 311) in Winston-Salem, Forsyth County, North Carolina. 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 #: 20060848 LOCATION: Winston-Salem COUNTY Forsyth BASIN/ SUB BASIN Yadkin/03040101 As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to -compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers 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 334 Linear Feet of Perennial Stream 334 Linear Feet of Perennial Stream One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund 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 or Buffer Approval 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: 060848COWSBowenB IvdRealignment(Forsyth~01_IC_EEP NQ,;titCazol~a 401 Oversight/Express Review Permitting Unit ~ Qt!lCU~I 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 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper