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HomeMy WebLinkAbout20050578 Ver 1_Approval Letter_20050805o~OF W ATFRpG ~_ ~iW~ ~ O ~~ ~ Michael F. Easley, ' st'J, LU05 Sister Lucy Hennessy 2 ~~~ Pennybyrn At Maryfield J 1315 Greensboro Road High Point, NC 27260 Re: Pennybyrn At Maryfield, Guilf rdC unty DWQ #OS-0578; USACE Acti n ID No. 2001 6f APPROVAL of 401 `~~ter Q alit Ccrtificat n Dear Sister Hennessy: Attached her o is a co of CertificaU n o. issue Maryfield , ated August 2005. Ina tion, you should before you o ahead with yo r project n tding (but not li Control, St rmwater, Dam Sa ty, Non dis ha and Wat If we can b ~ of further assistanc , do no hes late to col c William G. Ross Jr., North Carolina Department of Environment and Natura1.i ~, Director of Wat Quality o Sister Luc Hennessy of Pennybyrn At ;t any other deral, state or local permits ited to) Solid rite, Sediment and Erosion ,Supply Waters ed regulations. la Sincerely, Alan W. Klimek, P.E. - ~ /IUt~~/ i ~_ L' vl ~ I L~"'1 AWK/cbk ~ ~~ (S S ~ ~- Yl u Attachments: Cer ]cate o Completion ~ l~ cc: Andrea Wade, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office Daryl Lamb, DWQ, Winston-Salem Regional Office DLR Winston-Salem Regional Office File Copy Central Files Ms. Denise Poulos, Engineering Consulting Services, Ltd., 6909 International Drive, Suite 103, Greensboro, NC 27409 Fi Icnamc: 050578Pcnnyb}'rn_I\IaryFicld(Guilford)a01_IC 401 OversighVExpress Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733.6893/ Internet: http://h2o.enr.state.nc.us/ncwetlands Ore NorthCarolina J1 alirra!!~ An Equal Opportunity/Affirmative Action Employer-50°o Recycled/10°o Post Consumer Paper Pennybry At Maryfield Page 3 of 4 August 5, 2005 shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the Nortll Carolil:a S!l)fQCC MI72171~ MQI1IIQl. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/401Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources ltas released the project; Continuing Com~iance: Pennybyrn At Maryfield shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Pennybyrn At Maryfield and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Pennybyrn At Maryfield in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Mitigation: G. See attached North Carolina 401 1Vater Quality Certification 7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by Pennybryn At Maryfield Page 5 of 4 August 5, 2005 If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the Fourth day of August 2005 DIVISION OF WATER QUALITY Alan W. Klimek, P.E. AWK/cbk O~O~ W AT ~RPG ~ ~~W~ -~{ 0 Y Iv9ichael F. Easley, Governor William G. Ross ]r., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, Pennybyrn At Maryfield has permission as outlined below to impact 506 linear feet of streams for the purpose(s) of constructing the proposed construction of an Independent Living and Community Center with associated parking lots and roadways as an expansion of the Pennybyrn At Maryfield campus in Guilford County, North Carolina in Guilford County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: 1315 Greensboro Road, Greensboro, NC COUNTY Guilford BASIN/ SUB BASIN Cape Fear/03030003 As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Im acts 1ltiti ation 506 (677 total) linear feet of streams 1,3541inear feet of streams In correspondence dated February 17, 2005, the EEP indicated that up to 1,354 linear feet of mitigation will be conducted by EEP if necessary. One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT IIAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Filename: 050578PennybyrnAtMaryfield(Guilford)EEP_IC 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, Nonh Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733.1786 /FAX 919-733.6893 /Internet: htto://h2o.enr.state nc.us/ncwetlands NorthCarolina ~atrtr~rll~ An Equal Opportunity/Affirmative Action Employer - 50°b Recycied/10°o Post Consumer Paper I