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HomeMy WebLinkAbout20120443 Ver 3_Approval Letter_20131212s CDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Regional Operations Pat McCrory Thomas A Reeder John E Skvarla, III Governor Director Secretary December 12, 2013 DWR# 12 -0443 v3 Guilford County Virginia Spillman City of Greensboro, Water Resources Dept. 2602 S. Elm- Eugene St Greensboro, NC 27406 APPROVAL of 401 Water Quality Certification with Additional Conditions APPROVAL of Jordan Lake Riparian Buffer Impacts with Additional Conditions Dear Ms. Spillman, You have our approval to conduct stream and wetland restoration and enhancement and bank stabilization activities for the South Buffalo Creek Habitat and Water Quality Improvement Project, in accordance with the attached conditions, along a total of approximately 3179 existing linear feet of South Buffalo Creek and its tributaries, 0 0048 acres of wetlands and to temporarily impact 66,712 square feet of Zone One and 47,240 square feet of Zone Two of Jordan Lake Riparian Buffers located in Greensboro, NC in Guilford County, as described in your modification application received by the Division of Water Resources on November 20, 2013. After reviewing your application, we have determined that this activity is covered by General Water Quality Certification Number 3885, which can be viewed on our web site at http: // www. ncwaterquality .org /wetlands.html. This Certification allows you to use Nationwide Permit Number 13 or 27 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 project, you must notify us in writing, and you may be 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. 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: North Carolina Division of Water Quality, Winston -Salem Regional Office Location 585 Waughtown St Winston - Salem, North Carolina 27107 One Phone 336- 771 -50001 FAX 336- 771 -46301 Customer Service 1- 877 -623 -6748 NorthCarolina Internet www ncwaterquality org �/ � q�������� An Equal Opportunity 1 Affirmative Action Employer F// S Buffalo Creek Habitat and Water Quality Improvement Project DWR# 12 -0443 v3 December 12, 2013 Page 2 of 5 Stream Impacts Location Identifier Amount Approved Type of Impact S Buffalo Creek, 3019 linear feet Restoration and enhancement, see Piedmont Creek, 11,342 square feet impact design. Kersey Tributary, 11,888 square feet impact 5,783 square feet impact UT1, UT2 and UT3 3,434 square feet impact 5458 square feet impact Scour Area, S. 160 linear feet Bank stabilization and enhancement, see Buffalo Creek April 30, 2013 modification documents. Ephemeral channel 25 linear feet Permanent Crossing S1 Buffer Impacts Identifier Zone 1 Impact Zone 2 Impact Site B1 40,048 square feet impact 40,452 square feet impact Site B2 11,342 square feet impact 547 square feet impact Site B3 11,888 square feet impact 5,783 square feet impact Site B4 3,434 square feet impact 5458 square feet impact Total 66,712 square feet temporary impact 47,240 square feet temporary impact Wetland Impacts Sites Type of Impact Amount Approved WA Excavation 0.0002 acres WD Enhancement 0.0046 acres Total 0.0048 acres permanent impact 2. This authorization exempts the Permittee from meeting Condition #7 in the attached general certification for the placement of in- stream structure material into the stream The Permittee shall take all reasonable measures to construct in- stream structures while keeping heavy equipment out of the stream channel. Stream flow will be diverted around work areas as much as practicable. All reasonable steps must be taken to limit the amount of disturbance in the channel and to therefore reduce downstream turbidity during construction. This exemption does not relieve the Permittee of meeting stream standards as indicated in 15A NCAC 02B. 3. Native vegetation shall be used throughout this project. All tree and shrub plantings within the proposed buffer on both sides of the stream shall be protected from mowing or clearing. 4. Stream bed habitat material, such as cobble and gravel, should be harvested from abandoned channels and relocated to new channels to the maximum extent practical. S Buffalo Creek Habitat and Water Quality Improvement Project DWR# 12 -0443 v3 December 12, 2013 Page 3 of 5 5. Visual monitoring of the relocated streams, in- stream structures, reshaped streambanks, and restored /replanted temporary buffer impact areas, shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until it is determined that all structures and stream banks are stable (particularly after storm events) and all vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement to ensure the stability and water quality of the stream and downstream waters. 6. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWR when all work included in the §401 Certification has been completed. This certificate should be returned to the Winston -Salem Regional Office of the NC Division of Water Resources at the address listed on the form. Along with the Certificate of Completion, please send photographs showing the restored stream reach. 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 Sue Homewood in the DWR Winston -Salem Regional Office at 336- 771 -4964. Sincerely, W. Corey Basinger Regional Supervisor Water Quality Regional Operations Division of Water Resources cc: Todd St. John, Kimley -Horn (via email) Craig Brown, USACE Raleigh Regulatory Field Office (via email) DWR Winston -Salem Regional Office DWR Wetlands /401 S Buffalo Creek Habitat and Water Quality Improvement Project DWR# 12 -0443 v3 December 12, 2013 Page 4 of 5 DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: 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 this certificate to the 401 /Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, 1 . hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date. Agent's Certification I, . hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. 'T