HomeMy WebLinkAbout20050578 Ver 1_Approval Letter_20050805o~OF W ATFRpG
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Michael F. Easley,
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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.
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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
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NorthCarolina
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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.
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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
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An Equal Opportunity/Affirmative Action Employer - 50°b Recycied/10°o Post Consumer Paper
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