HomeMy WebLinkAbout20060138 Ver 2_Approval Letter_20080703
~O~( W ATF,9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
N Coleen H. Sullins, Director
Division of Water Quality
July 3, 2008
DWQ# 06-0138 ver2
Guilford County
Mr. Thodore, H. Partrick, P.E.
City of Greensboro
300 W. Washington St
Greensboro, NC 27401
APPROVAL of 401 Water Quality Certification with Additional Conditions
APPROVAL of Randleman Rules General Major Variance with Additional Conditions
Dear Mr. Partrick:
You have our approval, in accordance with the attached conditions, to place permanent fill in 220 linear feet of an
unnamed tributary of Long Branch and 0.043 acres of wetlands in order to widen and improve Hornaday Rd in
Greensboro, NC in Guilford County, as described in your application received by the Division of Water Quality
(Division) on February 13, 2008, and additional information received on May 29, 2008. After reviewing your
application, we have determined that this fill is covered by General Water Quality Certification Number 3704, which
can be viewed on our web site at hllp://www.ncwaterqualily.org/wetlands.html. This Certification allows you to use
Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. This approval shall also serve as
approval of a General Major Variance of the Randleman Watershed Protection Rules to impact 6,410 square feet of
Zone 1 buffer and 13,531 square feet of Zone 2 buffer for roadway impacts other than stream crossings. In addition,
you should secure any other applicable federal, state or local permits before you proceed with your project, including
(but not limited to) those required by Sediment and Erosion Control, and Water Supply Watershed regulations. Also,
this approval will expire when the accompanying 404 permits expire unless otherwise specified in the General
Certification.
This approval is valid only for the purpose and design that you have described in your application. If you change your
project, you must notify us in writing, and you may be required to send us a new application for a new certification. If
the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby
responsible for complying with all conditions. If total wetland fill for this project (now or in the future) exceeds one
acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification, as well as the additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Stream Identifier Stream Impact length feet
S3 Unnamed Tributary to Lon Branch 220
Total 220 linear feet of permanent impact
N"ose
~ Carolina
Naturally
North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771-5000 Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax (336) 771-4630 1-877-623-6748
Internet: www.ncwateEqua]ity.org
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper
Mr. Theodore H. Partrick, P.E.
July 3, 2008
DWQ #06-0138 ver2
Page 2
Wetland Identifier Impact Type Impact area acres
W1 Fill 0.005
W2 Fill 0.026
W3 Fill 0.012
Total 0.043 of permanent impact
Buffer Site Zone 1 Impact Zone i Buffer Zone 2 Impact (sq Zone 2 Buffer
(sq ft) Mitigation ft) Mitigation Required
Required (using (using 1.5:1 ratio)
3:1 ratio
S1 2422 7266 3320 4980
S2 0 0 2127 3191
S3 14848 Allowable 9551 Allowable
S4a 30 90 77 116
S4b 125 375 285 728
P1 3833 11499 7722 11583
Totals 21258 19149 23082 20598
(Impacts not labeled as allowable are approved through the General Major Variance From the Randleman Buffer Rule)
Total Buffer Mitigation Required for Project: 37,747 square feet
2. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you
have made payment to the Stream and Buffer Restoration Funds administered by the NC Ecosystem Enhancement
Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable
method to meet the mitigation requirement.
Compensatory Mitigation River and Sub-basin Number
Required
Stream 220 (feet) Cape Fear 03030002
Buffers 37,747 (square feet) Randleman
3. The permittee shall conduct a pre-construction meeting with all relevant parties and regulatory agencies prior to
commencing work on any portion of this project. A copy of the final construction drawings shall be furnished to
NCDWQ prior to, or during, the pre-construction meeting. The permittee shall ensure that the final construction
drawings comply with the permit drawings contained in the application and any amendments and modifications
subsequently submitted to DWQ and approved with this certification. Any deviations from the approved
drawings are not authorized unless approved by the NC Division of Water Quality.
4. The permittee shall follow the NCDOT Best Management Practices for Construction and Maintenance Activities,
August 2003 throughout final design and construction activities associated with this project.
5. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
6. Bridge deck drains should not discharge directly into the stream. Stormwater should be directed across the bridge
and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.)
before entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
Mr. Theodore H. Partrick, P.E.
July 3, 2008
DWQ #06-0138 ver2
Page 3
7. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody
species by the end of the growing season following completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT
maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated,
with native woody species before the next growing season following completion of construction.
8. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion"
to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate
should be returned to the Winston-Salem Regional Office of the NCDWQ at the address listed on the form.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at
sue.homewood@ncmail.net.
Sincerely,.
Coleen H. Sullins, Director
Division of Water Quality
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Thomas Cordell, City of Greensboro, 300 W. Washington St., Greensboro NC 27401
Tre Dugal, WilberSmith Associates, 421 Fayetteville St, Suite 1303, Raleigh NC 27601
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401
Mr. Theodore H. Partrick, P.E.
July 3, 2008
DWQ #06-0138 ver2
Page 4
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certi acation
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature: Date:
Agent's Certi acation
1, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature: Date:
Engineer's Certi ication
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date