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20201693 Ver 2_ePCN Application_20221011
DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 2/6/2020 BIMS # Assigned* Version#* 20201693 2 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review What amout is owed?* $240.00 $570.00 Select Project Reviewer* Sue Homewood:eads\slhomewood la. Name of project: Voss Avenue Culvert Replacement la. Who is the Primary Contact?* Cynthia C. Lancaster, P.E. 1 b. Primary Contact Email: * lc. Primary Contact Phone: * clancaster@ljbinc.com (336)967-7052 Date Submitted 10/11/2022 Nearest Body of Water North Buffalo Creek Tributary 1 Basin Cape Fear Water Classification WS-V, NSW Site Coordinates Latitude: 36.13584 A. Processing Information Longitude: -79.75414 County (or Counties) where the project is located: Guilford Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No Please provide the date of the previous submission.* 10/30/2020 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 27 - Restoration Nationwide Permit (NWP) Number: 03 - Maintenance Nationwide Permit (NWP) Number: 33 - Temporary Construction NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: If. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information ld. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: City of Greensboro 2b. Deed book and page no.: 2c. Contact Person: Michael Borchers - Director of Water Resources 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 2602 S. Elm Eugene St. Address Line 2 City Greensboro Postal / Zip Code 27406 State / Province / Region NC Country USA 2e. Telephone Number: 2f. Fax Number: (336)373-2344 2g. Email Address: * michael.borchers@greensboro-nc.gov 4. Agent/Consultant (if applicable) 4a. Name: Cynthia C. Lancaster P.E. 4b. Business Name: LJB Engineering PC 4c. Address Street Address 311-A S. Main Street Address Line 2 City Kernersville Postal / Zip Code 27284 4d. Telephone Number: (336)967-7052 4f. Email Address: * clancaster@ljbinc.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Greensboro, NC 2. Project Identification 2a. Property Identification Number: 7876791177 and 7876791067 2c. Project Address Street Address 4413 Voss Avenue Address Line 2 City Greensboro Postal / Zip Code 27406 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * North Buffalo Creek Tributary 1 3b. Water Resources Classification of nearest receiving water: * WS-V, NSW 3c. What river basin(s) is your project located in?* 2b. Property size: 0.43 and 0.51 State / Province / Region NC Country USA Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300020105 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The City of Greensboro Water Resources Department proposes to replace an existing undersized 48" RCP culvert conveying a tributary of North Buffalo Creek under Voss Avenue. Additionally, the City proposes to relocate the existing stream channel within the property that it owns downstream of the culvert replacement. The existing channel has a severe bend at the culvert outlet, where sections of concrete curb and gutter have been placed through the bend as a stabilization measure. The channel also was routed immediately along Voss Avenue and then makes a 90-degree bend at the neighbor to the south at 4405 Voss Avenue and runs along that property line. The City property is vacant and undeveloped. The remaining properties are single-family residential. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.003 4g. List the total estimated linear feet of all existing streams on the property: 587 LF 4h. Explain the purpose of the proposed project: * The purpose of this project is to replace the culvert and relocate the main stream channel to achieve better flow characteristics and improve aquatic habitat. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * North Buffalo Creek Tributary 1 (FEMA designation), located along Voss Avenue in Greensboro, NC is experiencing channelization, incision and bank erosion. This has begun to threaten neighboring properties and the structural integrity of the street. The scope of this project includes both the restoration of the creek and the redesign by LJB Inc for replacement of the 48" circular RCP culvert that conveys water under Voss Avenue. The restoration along this reach of Voss Creek involves the realignment of the main channel away from threatened properties and utilities, streambank stabilization and floodplain and vegetation establishment. All work shall be subject to the direction and inspection of the project engineer, with any deviations from the design plans being cleared with the engineer on site prior to execution. Construction for the stream relocation portion of the project should last from 5 to 10 days with all work being completed in dry weather conditions. The limits of disturbance (LOD) will be surrounded with temporary protection fence. Also, any trees that are not to be removed inside the LOD will be surrounded with tree protection fence. The culvert replacement and utility relocation work will require 6-8 weeks. This project is proposing the use of silt fence or other erosion control materials to limit sediment transported from the site during construction. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No A small bankfull bench area was delineated by Carolina Ecosystems. PJB submittal was made to Corps of Engineers. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* Phil May Carolina Ecosystems Yes No Unknown Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No, this is a stand-alone project. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts 2a. Site #* (?) 2a1 Reason (?) Streams -tributaries Pond Construction 2b. Impact type* (?) 2c. Type of W.* Buffers 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* 2g. Impact area W1 Stream Restoration P Headwater Forest WA Yes Both 0.003 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.003 2i. Comments: wetland area will become part of the stream restoration 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.003 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Relocation/Loss Permanent Relocation NBC Trib 1 Perennial Both 6 Average (feet) 38 (linear feet) S2 Relocation/Restoration Temporary Relocation NBC Trib 1 Perennial Both 6 Average (feet) 322 (linear feet) S3 Relocation/Loss Permanent Relocation Unnamed Trib Perennial Both 6 Average (feet) 84 (linear feet) S4 Relocation/Restoration Temporary Relocation Unnamed Trib Perennial Both 6 Average (feet) 124 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 122 3i. Total stream and ditch impacts: 568 3i. Total temporary stream impacts: 446 3j. Comments: Permanent impacts are for loss of stream length due to relocation. Temporary impacts are for the stream restoration lengths. The replaced culvert (44' existing/44' proposed) was also included as a temporary impact. North Buffalo Creek Trib 1 is the main stream crossing under Voss Avenue. The Unnamed Trib is the tributary entering City property from the north. City will obtain easements from impacted property owners within LOD (temporary stream impacts). E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: All proposed impacts to jurisdictional stream channels are related to stabilizing eroding streambanks and restoring habitat. Multiple engineering alternatives were considered including hardened bank structures but relocating the stream with natural channel design parameters was selected to most effectively accomplish project goals. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All stream work will be performed in the dry using pump around operations and diversion. Standard erosion and sediment control practices, including silt fence and erosion control matting, will be used throughout this project. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes • No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This project will enhance stream quality and aquatic habitat. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30% nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes No Comments: * Project only involves environmental enhancement and replacement of existing structure. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. This is a culvert replacement and stream restoration project and will not result in additional development in the area. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Fish and Wildlife Ipac service and email correspondence with Bryon Hamstead on 10/5/2020. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Searched the GIS spatial data from National Register of Historic Places at NPS.gov. Additionally, this project is in a residential area. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: No -Rise Certification submitted to and approved by local floodplain administrator. 8c. What source(s) did you use to make the floodplain determination?* fris.nc.gov Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Voss_Compiled_PCN_Documentation. pdf VOSS Ave FINAL_March2021_r.pdf File must be PDF or KMZ Comments 4.96MB 14.08MB Attached are emails documenting request for pre -filing meeting and scheduling of meeting in February 2020 and also other documentation uploaded with the original PCN submittal in 2020. The PCN and water quality certification were approved (approval letters also uploaded), but the Corps approval expired in March 2022 and we were advised to submit a new PCN. Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Cynthia C. Lancaster, P.E. Signature Git.a&.. a��Lsa?dr7 t Date 10/11/2022 f PCN SUBMITTAL DOCUMENTATION 1 VOSS AVENUE CULVERT REPLACEMENT & STREAM RESTORATION CITY OF GREENSBORO, NC Octoboer 2022 Submitted to: Corps of Engineers NC Department of Environmental Quality PREPARED BY: LJB Engineering PC 311 S. Main Street Kernersville, NC 27284 (336) 967-7052 CLancaster@LJBinc.com PCN DOCUMENTATION - VOSS AVENUE • CITY OF GREENSBORO TABLE OF CONTENTS EXHIBIT A - EMAILS REGARDING PRE -FILING MEEINTG EXHIBIT B - AGENT AUTHORIZATION FORM EXHIBIT C - USGS TOPOISOILS MAPIUSFWS LETTER EXHIBIT D - 2020 APPROVALS FROM CORPS AND NCDEQ TABLE OF CONTENTS PCN DOCUMENTATION - VOSS AVENUE • CITY OF GREENSBORO EXHIBIT A EMAILS REGARDING PRE -FILING MEETING OCTOBOER 2022 EXHIBITS Cindy Lancaster From: Cindy Lancaster Sent: Thursday, February 6, 2020 12:34 PM To: Homewood, Sue; David.E.Bailey2@usace.army.mil Subject: Proposed Culvert Replacement/Stream Relocation in Greensboro Attachments: VossAve_Culvert&StreamProject.pdf, DSC_0880.JPG; DSC_0881.JPG; DSC_0885.JPG; Voss_Creek_XSEC.pdf Sue/David — I think I may have spoken with one or both of you previously about this project, but that was probably in 2018 as we were just getting started. After a prolonged delay, the project is finally kicking back into gear. Attached is a figure showing the general proposal for a culvert upgrade and stream relocation through property that the City of Greensboro owns, which will get the stream away from the road and from the property owner who mows up to the top of bank and complains about the stream bank erosion. We are far enough along with our work that I think a site visit from/with you may be useful before the design is finalized for a PCN submittal, if it would be possible to schedule a time that works for both of you. Phil May checked for wetlands and determined that only the stream is jurisdictional. He left some flagging in a couple of questionable spots as guidance for the surveyor on locating top of bank, but we are not planning to submit a PJD on this project unless David sees a reason to require it. Kris Bass Engineering is doing the stream relocation/restoration design. There are several potential issues/questions which we can discuss in the field, but if you would like more information beforehand we can provide that: 1. The plan is for the existing stream channel along the ROW to be retained to convey storm flows from the roadway pipe to the new channel. It would not be expected to continue to carry base flow. The overall length of the restored channel will be less than the existing alignment of the jurisdictional stream. In a sense we're exchanging quality for some loss of length. Existing main channel length is 340 I.f. The new main channel length is proposed as 285 I.f. It is also expected that about 45 I.f. of the existing tributary will be filled and abandoned to tie into the new stream alignment. 2. The proposed stream channel is a 6-ft wide low -flow channel meandering through a 14.5-ft width of floodplain bench, with the low flow channel 6" lower than the wider channel (see attached rough preliminary sketch). To roughly match that with the culvert replacement and to get the hydraulic capacity the City wants, we are proposing a 6'x6' box culvert with a 1-ft depth of sediment to match the low -flow channel and a 8'span x 6'rise culvert with the sediment depth 0.5' higher to match the wider channel. This is exactly per the permit conditions — but since it is designed to match the new channel, is that OK? We will have to provide grade control on the upstream end, essentially dropping the channel grade down boulder steps into the new culvert. This project was recently expanded to provide some partial restoration/bank stabilization on the tributary also due to homeowner concerns about the eroding bank in his back yard. Let me know if you're available for a site visit and/or if you would like more information from us beforehand. I have attached photos of the 48" RCP outlet, the 18" RCP outlet and the mowed -to -bank south property where the channel is to be abandoned. Thanks, Cindy Cynthia C. Lancaster, P.E., CFM Water Resources Engineer Phone: 336-996-9974 Ext. 102 Cell: 336-681-5461 EWELL Cindy Lancaster From: Cindy Lancaster Sent: Thursday, February 13, 2020 8:07 AM To: Bailey, David E CIV USARMY CESAW (USA); Homewood, Sue Subject: RE: [External] Proposed Culvert Replacement/Stream Relocation in Greensboro David/Sue -- Yes -- I can plan to meet you tomorrow at noon (or with a —30 minute notice). That would be great. Thanks! Cindy Cynthia C. Lancaster, P.E., CFM Water Resources Engineer Phone: 336-996-9974 Ext. 102 Cell: 336-681-5461 -----Original Message ----- From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Sent: Thursday, February 13, 2020 7:39 AM To: Homewood, Sue <sue.homewood@ncdenr.gov>; Cindy Lancaster <clancaster@ljbinc.com> Subject: RE: [External] Proposed Culvert Replacement/Stream Relocation in Greensboro EXTERNAL MESSAGE —TREAT LINKS/FILES WITH CARE Hi all, and sorry for the delay. Sue and I will be in Greensboro tomorrow for a 9am site visit. We could meet you at this site afterward (12ish?) if that works for you. I know this is very short notice, but I could spin it and say that's it's just really fast customer service! Another option is the following Tuesday (2/18), where Sue and I have a pre -construction meeting in McLeansville in the afternoon; we could meet at this site in the neighborhood of 11am or 12pm. Thoughts? -Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 Email: David.E.Bailey2@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. -----Original Message ----- From: Homewood, Sue [mailto:sue.homewood@ncdenr.gov] Sent: Friday, February 7, 2020 4:43 PM To: Cindy Lancaster <clancaster@ljbinc.com>; Bailey, David E CIV USARMY CESAW (USA) <David. E. Bailey2@usace.army.mil> Subject: [Non-DoD Source] RE: [External] Proposed Culvert Replacement/Stream Relocation in Greensboro Hi Cindy, I don't see any red flags in what you sent so far. I'm happy to schedule a site visit, I'll defer to David as his schedule is more limited and he'd be coming from farther away. David, I'm also happy to represent both of us at a site visit if that's easier for you. Sue Homewood Division of Water Resources, Winston Salem Regional Office Department of Environmental Quality 336 776 9693 office 336 813 1863 mobile Sue. Homewood@ncdenr.gov<mailto:Sue.Homewood@ncdenr.gov> 450 W. Hanes Mill Rd, Suite 300 Winston Salem NC 27105 From: Cindy Lancaster <clancaster@ljbinc.com> Sent: Thursday, February 6, 2020 12:34 PM To: Homewood, Sue <sue.homewood@ncdenr.gov>; David.E.Bailey2@usace.army.mil Subject: [External] Proposed Culvert Replacement/Stream Relocation in Greensboro CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov <mailto:report. spam@nc.gov> Sue/David - I think I may have spoken with one or both of you previously about this project, but that was probably in 2018 as we were just getting started. After a prolonged delay, the project is finally kicking back into gear. Attached is a figure showing the general proposal for a culvert upgrade and stream relocation through property that the City of Greensboro owns, which will get the stream away from the road and from the property owner who mows up to the top of bank and complains about the stream bank erosion. We are far enough along with our work that I think a site visit from/with you may be useful before the design is finalized for a PCN submittal, if it would be possible to schedule a time that works for both of you. Phil May checked for wetlands and determined that only the stream is jurisdictional. He left some flagging in a couple of questionable spots as guidance for the surveyor on locating top of bank, but we are not planning to submit a PJD on this project unless David sees a reason to require it. Kris Bass Engineering is doing the stream relocation/restoration design. There are several potential issues/questions which we can discuss in the field, but if you would like more information beforehand we can provide that: 1. The plan is for the existing stream channel along the ROW to be retained to convey storm flows from the roadway pipe to the new channel. It would not be expected to continue to carry base flow. The overall length of the restored channel will be less than the existing alignment of the jurisdictional stream. In a sense we're exchanging quality for some loss of length. Existing main channel length is 340 I.f. The new main channel length is proposed as 285 I.f. It is also expected that about 45 I.f. of the existing tributary will be filled and abandoned to tie into the new stream alignment. 2. The proposed stream channel is a 6-ft wide low -flow channel meandering through a 14.5-ft width of floodplain bench, with the low flow channel 6" lower than the wider channel (see attached rough preliminary sketch). To roughly match that with the culvert replacement and to get the hydraulic capacity the City wants, we are proposing a 6'x6' box culvert with a 1-ft depth of sediment to match the low -flow channel and a 8'span x 6'rise culvert with the sediment depth 0.5' higher to match the wider channel. This is exactly per the permit conditions - but since it is designed to match the new channel, is that OK? We will have to provide grade control on the upstream end, essentially dropping the channel grade down boulder steps into the new culvert. This project was recently expanded to provide some partial restoration/bank stabilization on the tributary also due to homeowner concerns about the eroding bank in his back yard. Let me know if you're available for a site visit and/or if you would like more information from us beforehand. I have attached photos of the 48" RCP outlet, the 18" RCP outlet and the mowed -to -bank south property where the channel is to be abandoned. Thanks, Cindy Cynthia C. Lancaster, P.E., CFM Water Resources Engineer Phone: 336-996-9974 Ext. 102 Cell: 336-681-5461 This electronic message, the identity of any senders and recipients and the contents of any attachment are confidential and protected from disclosure. The information is intended to be used solely by the recipient(s) named. If you are not an intended recipient, be aware that any review, disclosure, copying, distribution or use of this transmission or its contents is prohibited. If you have received this transmission in error, please notify the sender immediately. PCN DOCUMENTATION - VOSS AVENUE • CITY OF GREENSBORO EXHIBIT C USGS TOPO AND SOILS MAP OCTOBOER 2022 EXHIBITS f D, AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTIONS: CITY PROPERTIES: LOT NO. 48-51 PLAT: 19-68 PARCEL: 47162 ADDRESS: 4413 Voss Avenue, Greensboro, NC LOT NO: 52-55 PLAT: 19-68 PARCEL: 47163 ADDRESS: 4407 Voss Avenue, Greensboro, NC PRIVATE PROPERTY UPSTREAM OF CULVERT: LOT NO:170-172 PLAT: 19-68 PARCEL: 47139 ADDRESS: 4416 Voss Avenue, Greensboro, NC PRIVATE PROPERTY ON TRIBUTARY: LOT NO: 46&47 PLAT: 19-68 PARCEL: 47161 ADDRESS: 4417 Voss Avenue, Greensboro, NC NOTE: THE CITY OF GREENSBORO IS OBTAINING EASEMENTS FOR THE PROJECT AREAS ON THE PRIVATE PROPERTIES. Please print: Property Owner: City of Greensboro Property Owner Upstream of Culvert: Joyce W. Maddox Property Owner on Tributary: Katrina Corkill and John Hunter The undersigned, registered property owners of the above noted property, do hereby authorize Cynthia C. Lancaster, PE. , of UB Inc. (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): City of Greensboro PO Box 3136 Greensboro, NC 27402 Telephone: 336-373-2494 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Ahk horized S;3. gnature Date: �I 12 o-Lo PCN DOCUMENTATION - VOSS AVENUE • CITY OF GREENSBORO EXHIBIT B AGENT AUTHORIZATION OCTOBOER 2022 EXHIBITS zQ a L J m WJ in J J Q 3 C W W m a�i y } E L a Vl V N N o o L ui N Q s E LL U N Q U) co a� L Q U N O d m m C W N li O O O m O N U N C. o m Q m O O H U W > yOMNI O Z' -< COCKLEREFCF UR (28 Q/V V7 O a` N, d'bo, bb, tiJ bQ 39Qfd 5d.7i48 JAN5 C1 1,,; ;V,;;jiytj v SSU/I 15,4V7 Of C Q io a� 0 m z U m 2 0 m 0 m � o o-z N m (u 0 �z m E o zU)���°� s a)� t.om.Sow O O a IH MURCN� 7 �O �O O O O uO O Ln N O United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2020-SLI-1134 Event Code: 04EN2000-2020-E-02561 Project Name: Voss Avenue May 04, 2020 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 05/04/2020 Event Code: 04EN2000-2020-E-02561 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 05/04/2020 Event Code: 04EN2000-2020-E-02561 Attachment(s): • Official Species List 05/04/2020 Event Code: 04EN2000-2020-E-02561 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 05/04/2020 Event Code: 04EN2000-2020-E-02561 2 Project Summary Consultation Code: 04EN2000-2020-SLI-1134 Event Code: 04EN2000-2020-E-02561 Project Name: Voss Avenue Project Type: STREAM / WATERBODY / CANALS / LEVEES / DIKES Project Description: Culvert Replacement and Stream Restoration Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/36.13226820724049N79.75334677736043W r•i Counties: Guilford, NC r.O Ra 05/04/2020 Event Code: 04EN2000-2020-E-02561 3 Endangered Species Act Species There is a total of 2 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Flowering Plants NAM L STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Small Whorled Pogonia Isotria medeoloides Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1890 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. PCN DOCUMENTATION - VOSS AVENUE • CITY OF GREENSBORO EXHIBIT D APPROVAL LETTERS FROM CORPS AND NCDEQ OCTOBOER 2022 EXHIBITS f D, U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00596 County: Guilford U.S.G.S. Quad: NC -Lake Brandt GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: City of Greensboro Attn: Michael Borchers Address: 2602 South Elm Eugene Street Greensboro, NC 27406 Size (acres) —0.94 Nearest Town Greensboro Nearest Waterway UT to Jorden Branch River Basin Cape Fear USGS HUC 03030002 Coordinates 36.135637,-79.754433 Location description: The project area is located on both sides of Voss Avenue, approximately 0.3 mile north of its intersection with Cody Avenue in Greensboro, Guilford County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of dredged or fill material into a total of 561 linear feet of streams and 0.003 acre of wetlands, necessary for stream restoration including construction access activities and culvert renlacement, associated with the Voss Avenue Stream Restoration and Culvert Replacement nroiect. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 27. Aquatic Habitat Restoration, Establishment and Enhancement Activities SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 10/30/2020, and the enclosed "Voss Avenue Culvert Replacement & Stream Restoration" plan package Sheets 1 through 20. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David E. Bailey at (919) 554-4884 X 30 or David.E.Bailev2(&usace.armv.mil. Date: 2020.11.20 12:10:58 Corps Regulatory Official: -05-00- Date: 11/20/2020 Expiration Date of Verification: 03/18/2022 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army."Vcm_apex/f?p=136:4:0 Copy furnished: Cynthia C. Lancaster, P.E., LJB, Inc., Kemersville, NC 27284 Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 Action ID Number: SAW-2020-00596 Permittee: City of Greensboro (Attn: Michael Borchers) County: Guilford Project Name: Voss Avenue Stream Restoration and Culvert Replacement / City of Greensboro / Guilford County / municipal Date Verification Issued: 11/20/2020 Project Manager: David E. Bailey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: David E. Bailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or David.E.Bailey2@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date SAW-2020-00596 MEMORANDUM FOR RECORD SUBJECT: Department of the Army Memorandum Documenting General Permit Verification 1.0 Introduction and overview: Information about the proposal subject to one or more of the Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found in Sections 2 through 4 and findings are documented in Section 5 of this memorandum. Further, summary information about the activity including administrative history of actions taken during project evaluation is attached (ORM2 summary). 1.1 Applicant name: City of Greensboro (Attn: Michael Borchers) 1.2 Activity location -Latitude- 36.135637 Longitude:-79.754433 Location description: The project area is located on both sides of Voss Avenue, approximately 0.3 mile north of its intersection with Cody Avenue in Greensboro, Guilford County, North Carolina. 1.3 Description of activity requiring verification -This verification would authorize the permanent discharge of dredged or fill material into a total of 561 linear feet of streams and 0.003 acre of wetlands, necessary for stream restoration including construction access activities and culvert replacement, associated with the Voss Avenue Stream Restoration and Culvert Replacement project. 1.4 Is this an After -the -Fact verification? No. 1.5 Date PCN determined complete for processing 11/12/2020 1.6 Jurisdiction Determination completed? No JD has been completed. 1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344) 1.8 Applicable Permit: NWP 27. Aquatic Habitat Restoration, Establishment and Enhancement Activities 1.9 Activity requires written waiver of NWP limits? No. 1.10 Activity requires a waiver from the requirements of a regional condition(s)? No. 2.0 Evaluation of the Pre -Construction Notification 2.1 Direct and indirect effects caused by the GP activity: The project involves mechanized land clearing, excavation, the placement of fill and stream relocation activities in 561 linear feet of stream channel associated with aquatic resource restoration and enhancement and culvert replacement activities. Activities include realignment of the main channel away from threatened properties and utilities, streambank stabilization and vegetation establishment, installing in -stream structures, constructing new stream channels with appropriate dimension and depth to access their functioning floodplain elevations; creating a stable pattern and profile considering the hydrologic and sediment inputs to the system; installing habitat features such as constructed riffles and brush toes into restored/enhanced streams, adding woody materials to channel beds and constructing pools of varying depths; and planting native tree and understory species in the riparian SAW-2020-00596 zone. The culvert replacement would involve replacing the 48" circular RCP culvert that conveys water under Voss Avenue approximately in place with a double box culvert with a low flow box and a high -flow box that would increase hydraulic and floodplain connectivity. Although best management practices will be utilized during construction, activities may result in temporary water quality issues such as increased sediment, turbidity, and loss of aquatic habitat. However, ultimately the project will result in overall functional improvement of resources by increasing stream stability; reducing bed and bank erosion; restoring hydrologic connections between bankfull channels and floodplains, wetlands, and vernal pools; improving instream habitat and instream habitat connectivity; reducing agricultural pollutant loading; enhancing riparian buffers, increasing stream shading; and increasing in -stream woody debris. 2.2 Site specific factors: The project area is part of a watershed that is primarily composed of forested and agricultural land but includes urbanized and growing residential and commercial developments around the 1-40/85 corridor. This area has a long history of intensive farming practices which has resulted in long term degradation to aquatic resources. Given the urbanizing nature of the watershed, the waters within the project area provide important aquatic resource functions to downstream waters. 2.3 Coordination 2.3.1 Was the PCN coordinated with other agencies? No. Agency coordination is not required and was not conducted for the proposed project. 2.3.2 Was the PCN coordinated with other Corps offices? No. 2.4 Mitigation 2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site -The applicant provided a detailed statement describing their efforts to avoid and minimized impacts to waters of the United States on the project site in the preconstruction notification. Based on this information, the Corps believes the applicant has avoid and minimized impacts to waters of the United State to the maximum extent practicable. The project involves stream restoration, enhancement, and preservation activities on a mitigation bank site intended to provide compensatory mitigation for impacts associated with other Department of the Army permit actions. Although the project would result in the net reduction of stream channel length within the limits of disturbance from approximately 561 linear feet to 422 linear feet, the project would realign the main channel from previously relocated roadside and property -side trapezoidal ditch positions closer to the approximated flow path prior to the development of the Voss Forest s/d (cir. 1950s, see plant map in file notarized on 3/22/1953). The existing stream features are highly manipulated, immediately adjacent to roads and houses, incised, have eroding banks, and contain very little in -stream habitat. Similarly, the very small wetland proposed to be within the footprint of stream restoration activities is a vegetated sediment bar alongside a highly unstable meander of the Unnamed Tributary channel — this feature is visibly low functioning. Given the natural channel design principles used for this project, the project will result in a net uplift (channel stability, in -stream habitat, floodplain connectivity) to the currently low aquatic functions on this site. SAW-2020-00596 2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce the individual and cumulative adverse environmental effects to a minimal level? No. Provide rationale: No compensatory mitigation is required because the activity consists entirely of restoration activities. No compensatory mitigation is required because the activity involves impacts to low quality aquatic resources. 3.0 Compliance with Other Laws, Policies and Requirements 3.1 Section 7(a)(2) of the Endangered Species Act (ESA) 3.1.1 ESA action area: The action area includes the waters of the United States that will be directly affected by the proposed work or structures and uplands directly affected as a result of authorizing the work or structures. 3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA and completed consultation(s) as required? No. 3.1.3 Known species/critical habitat present? No. The Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. IPAC Species in Guilford County: Schweinitz's sunflower (Helianthus schweinitzii) - Endangered Small whorled pogonia (isotria medeoloides) — Threatened Effect determination (s), including no effect, for all known species/habitat, and basis for determination(s): Based on the latest version of the Natural Heritage Program's NHEO data and a site visit, there are no protected species located within or in the vicinity of the action area. The Corps has determined the proposed activity will not directly or indirectly affect any species subject to the ESA. Based on my site visit on 2/14/2020, only marginal habitat suitability exists for Schweinitz's sunflower and small whorled pogonia. Further, based on our GIS analysis, the nearest known occurrences of Schweinitz's sunflower and small whorled pogonia are located greater than 16 miles SSE and 10 miles E of the action area, respectively 3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service was initiated and completed as required, for any determinations other than "no effect" (see the attached "Summary" sheet for begin date, end date and closure method of the consultation). The USACE reviewed this project in accordance with (IAW) the NLEB Standard Local Operating Procedures for Endangered Species (SLOPES) between the USACE, Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service (Service) Offices, and determined that the action area for this project is located outside of the highlighted areas/red 12-digit HUCs and activities in the action area do not require prohibited incidental take; as such, this project meets the criteria for the 4(d) rule and any associated take is exempted/excepted. IAW the NLEB SLOPES, the USACE sent a Situation 1 email to the Service on 11/20/2020, informing them about this project. Service Concurrence: as established in the NLEB SLOPES, this project does not require prohibited intentional take of the NLEB and it meets the criteria for the 4(d) rule; SAW-2020-00596 therefore any associated take is exempt and it is not necessary for the USACE to wait 30 days for the Service to object or concur. Based on a review of the information above, the Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. 3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat (EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal process. NMFS coordination/EFH consultation is required if the activity affects SAV. This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has been completed. 3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens Act? No. 3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? No. No. See Section 3.2 above. 3.3 Section 106 of the National Historic Preservation Act (Section 106) 3.3.1 Section 106 permit area -The permit area includes those areas comprising waters of the United States that will be directly affected by the proposed work or structures, as well as activities outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix C(g)(1) have been met. Final description of the permit area: All three test have been met and portions of the larger project undertaken outside of waters of the U.S. are in the permit area. Activities undertaken outside WOUS are included in the permit area because those activities are directly associated and integrally related with the authorized work and those activities would not occur but for the authorization of the work within the WOUS. 3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic Preservation Act and completed consultation(s) as required? No. 3.3.3 Known cultural resource sites present and/or survey or other additional information needed? No. Based on the NCDCR "HPOWEB" service, aerial photographs, and a site visit, there are no known historic properties located in the permit area or in close proximity to the permit area. Effect determination and basis for that determination: The Corps has determined the proposed activity has no potential to cause effects to properties listed or eligible for listing in the National Register of Historic Places, because the project is located in areas that have been extensively modified. The area was developed into the Voss forest residential s/d in the 1950s, and stream channels and the immediately surrounding areas have all been re -aligned and filled/disturbed accordingly. 3.3.4 The Corps has determined that it has fulfilled its responsibilities under Section 106 of the NHPA. 3.4 Tribal Trust Responsibilities SAW-2020-00596 3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)? No. There are no known tribal interests in the project area. The Corps has determined that it has fulfilled its tribal trust responsibilities. 3.4.2 Other Tribal including any discussion of Tribal Treaty rights? Select Yes or No. 3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC) 3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A general WQC has been issued for this permit. 3.6 Coastal Zone Management Act (CZMA) 3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued, waived or presumed? N/A, a CZMA consistency concurrence is not required. 3.7 Wild and Scenic Rivers Act 3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system? No. According to http://www.rivers.gov, the proposed project area is not within a designated or study river. 3.8 Effects on Corps Civil Works Projects (33 USC 408) 3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the proposal. 4.0 Special Conditions 4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or ensure compliance of the activity with any of the laws above? No. If no, provide rationale: The terms and conditions of the general permit are sufficient to ensure no more than minimal adverse effects, and no conditions are needed for compliance with other laws or to protect the public interest. 5.0 Determination 5.1 Waiver request conclusion, if required or select N/A: N/A. 5.2 The activity will result in no more than minimal individual and cumulative adverse effects on the aquatic environment and will not be contrary to the public interest. 5.3 This activity, as described, complies with all terms and conditions of the permit identified in Section 1.5. SAW-2020-00596 1U04: 1:41111I '1a Date: 2020.11.20 12:10:22-05'00' David E. Bailey REVIEWED BY: APPROVED BY: Date: 2020.11.20 12:10:38-05'00' David E. Bailey Date: 11 /20/2020 Date: Date: 11 /20/2020 DocuSign Envelope ID: 7B251 B8A-C22A-44BC-A854-B251 E5380FE9 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director City of Greensboro Attn: Mr. Mike Borchers 311-A S. Main St Greensboro NC 27284 NORTH CAROLINA Environmental Quality November 30, 2020 DWR # 20201693 Guilford County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Voss Ave Stream Restoration and Culvert Replacement Dear Mr. Borchers: You have our approval for the impacts listed below for the purpose described in your application dated and received by the Division of Water Resources (Division) October 30, 2020 and payment received November 23, 2020. These impacts are covered by the attached Water Quality General Certification Number 4134 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream 561 (linear feet) 0 (linear feet) 404/401 Wetlands 0.003 (acres) 0 (acres) This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. �IN'Af� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office i 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 NOhr C D. __Wai o-o�ma�io�a� /"� 336.776.9800 DocuSign Envelope ID: 713251 B8A-C22A-44BC-A854-B251 E5380FE9 City of Greensboro DWR# 20201693 401 Certification Page 2 of 3 If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Winston Salem Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Winston Salem Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. The designer or his designee shall supervise the installation of in -stream structures. [15A NCAC 02H .0506(b)(1) and (2)] Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in - stream structures are installed properly will ensure that conditions of waters are suitable for all best uses provided for in state rule. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Winston Salem Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(1), (2) and/or (3)] Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: DocuSign Envelope ID: 713251 B8A-C22A-44BC-A854-B251 E5380FE9 City of Greensboro DWR# 20201693 401 Certification Page 3 of 3 William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any questions or concerns. Sincerely, DocuS�igfned by: 145B49E225C94EA... Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Enclosures: GC 4134 cc: Cindy Lancaster, LJB Inc (via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) Olivia Munzer, NCWRC (via email) DWR 401 & Buffer Permitting Unit file STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO.4134 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • NATIONWIDE PERMIT NUMBER 13 (BANK STABILIZATION), • NATIONWIDE PERMIT NUMBER 27 (AQUATIC HABITAT RESTORATION, ESTABLISHMENT AND ENHANCEMENT ACTIVITIES), AND • REGIONAL GENERAL PERMIT 197800080 (BULKHEADS AND RIP -RAP) Water Quality Certification Number 4134 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 Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (13 and 27) of the US Army Corps of Engineers regulations and Regional General Permit 197800080. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95- 217 if conducted in accordance with the conditions hereinafter set forth. Effective date: December 1, 2017 Signed this day: December 1, 2017 By �Z for Linda Culpepper Interim Director GC4134 Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Resources (DWR): a) If any of the conditions of this Certification (listed below) cannot be met; or b) Any permanent fill into or modification of wetlands and/or waters except for single and independent stream stabilization or enhancement projects involving in -stream structures that meet the following criteria: i. Designed based on current natural channel techniques; and ii. In -stream structures do not exceed a spacing of three structures per 100 feet of stream length up to a total of 500 feet of streambank stabilization; or c) Any stream relocation; or d) Complete dewatering and drawdowns to a sediment layer related to pond/dam maintenance or removal; or e) Total temporary and permanent impacts to streambanks of greater than 150 feet for bank stabilization projects when non -natural armoring techniques (e.g. rip -rap, gabion baskets, deflection walls) are utilized; or f) Total temporary and permanent impacts to streambanks of greater than 500 feet for bank stabilization projects when natural techniques (e.g. sloping, vegetation, geolifts) are used; or g) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as: ORW (including SAV), HQW (including PNA), SA, WS-I, WS-II, or North Carolina or National Wild and Scenic River. h) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as Trout except for bank stabilization projects that qualify for a Nationwide Permit #13 provided that: L The total impacts are less than 100 feet in length; ii. The project is not adjacent to any other existing stabilization structures; iii. All conditions of this General Certification can be met, including adherence to any moratoriums as stated in Condition #10; and iv. A Notification of Work in Trout Watersheds Form is submitted to the Division at least 60 days prior to commencement of work; or i) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands (UWL); or j) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or k) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless: i. The activities are listed as "EXEMPT" from these rules; or Page 2 of 10 GC4134 ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or iii. A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-215.23. Activities included in this General Certification that do not meet one of the thresholds listed above do not require written approval. I. ACTIVITY SPECIFIC CONDITIONS: 1. Any repairs or adjustments to the site shall be made according to the approved plans. Repairs that result in a change from the approved plans must receive written approval from DWR prior to commencement of the repairs. [15A NCAC 02H .0501 and .0502] 2. Written authorization for a compensatory mitigation project does not represent an approval of credit yield for the project. [15A NCAC 02H .0500(h)] 3. For all dam removal projects meeting the definition under G.S. 143-215.25 and requirements under G.S. 143-215.27 of a professionally supervised dam removal, the applicant shall provide documentation that any sediment that may be released has similar or lower level of contamination than sediment sampled from downstream of the dam in accordance with Session Law 2017-145. II. GENERAL CONDITIONS: 1. When written authorization is required, the plans and specifications for the project are incorporated into the authorization by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .05021 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) as authorized in the written approval from DWR; or beyond the thresholds established for use of this Certification without written authorization. [15A NCAC 02H .0501 and .0502] No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200] Page 3 of 10 GC4134 3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory mitigation may be required for losses of greater than 300 linear feet of perennial streams and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a dam shall not require mitigation when the removal complies with the requirements of Part 3 of Article 21 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional wetlands for the purpose of determining when impact thresholds trigger a mitigation requirement. For linear publicly owned and maintained transportation projects that are not determined to be part of a larger common plan of development by the US Army Corps of Engineers, compensatory mitigation may be required for losses of greater than 300 linear feet per perennial stream. Compensatory stream and/or wetland mitigation shall be proposed and completed in compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a project site, a complete mitigation proposal developed in accordance with the most recent guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted for review and approval with the application for impacts. 4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2 of Title 15A. 5. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0200]. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. Page 4 of 10 GC4134 If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. 6. Sediment and erosion control measures shall not be placed in wetlands or waters except within the footprint of temporary or permanent impacts authorized under this Certification. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0501 and .0502] 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02B .0201] 8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCGO10000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)] The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H .0506(b)(5) and (c)(5)] 9. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(3) and (c)(3)] 10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B .0125] All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. A copy of the approval from the resource agency shall be forwarded to DWR. Page 5 of 10 GC4134 Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)] Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If multiple pipes or barrels are required, they shall be designed to the mimic the existing stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross vanes, etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 60 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application to and written approval from DWR. Page 6 of 10 GC4134 Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. 12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means to the maximum extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(5)] 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231] 14. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200] 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed profile. For projects that receive written approval, no temporary impacts are allowed beyond those included in the application and authorization. All temporarily impacted sites shall be restored -and stabilized with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)] 16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)] Page 7 of 10 GC4134 17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b)(2)] 18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] 19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401(NC Division of Coastal Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [15A NCAC 02H .0506 (b)(3) and (c)(3)] 22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 23. If an environmental document is required under the State Environmental Policy Act (SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document is required under the National Environmental Policy Act (NEPA), then this General Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental Impact Statement is published by the lead agency. [15A NCAC 01C .0107(a)] Page 8 of 10 GC4134 24. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non - Discharge, Water Supply Watershed, and Trout Buffer regulations. 25. The applicant and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If DWR determines that such standards or laws are not being met, including 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, then DWR may revoke or modify a written authorization associated with this General Water Quality Certification. [15A NCAC 02H .0507(d)] 26. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)l 27. When written authorization is required for use of this Certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return a certificate of completion (available on the DWR website: https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)] 28. Additional site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. [15A NCAC 02H .0507(c)] 29. If the property or project is sold or transferred, the new permittee shall be given a copy of this Certification (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502] III. GENERAL CERTIFICATION ADMINISTRATION: 1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. An applicant for a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a water quality Certification is required shall only make one payment to satisfy both agencies; the fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7). Page 9 of 10 GC4134 2. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water. This Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 3. This Certification grants permission to the Director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] 4. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the corresponding Nationwide Permits and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Resources. 5. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. 6. The Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project in this category of activity if it is deemed in the public's best interested or determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the water or downstream waters are precluded. 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