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.
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