HomeMy WebLinkAbout20120443 Ver 4_Approval Letter_20170707July 7, 2017
City of Greensboro
Attn: Virginia Spillman
2602 S. Elm -Eugene St
Greensboro NC 27406
ROY COOPER.
Governor
MICHAEL S. REGAN
Secretary
S. TAY ZIMMERMAN
Director
DWR # 2012-0443 v4
Guilford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
South Buffalo Creek Habitat and Water Quality Improvement Project— Phase IV
Dear Ms. Spillman:
You have our approval for the impacts listed below for the purpose described in your application dated
March 13, 2017, received by the Division of Water Resources (Division) June 7, 2017. These impacts are
covered by the attached Water Quality General Certification Number 4087 and the Jordan Lake Buffer Rules
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.
This approval requires you to follow the conditions listed in the enclosed certifications) or general permit
and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Piedmont Creek
129 (linear feet)
0 (linear feet)
South Buffalo Creek
612 (linear feet)
0 (linear feet)
South Buffalo Creek
1303 (linear feet)
0 (linear feet)
404/401 Wetlands
Site 1
0 (acres)
0.03 (acres)
Site 2
0 (acres)
0.09 (acres)
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-98001 FAX: 336-776-9797
City of Greensboro
DWR# 2012-0443 v4
401APPROVAL
Page 2 of 3
2. 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 the 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 approval letter and General Certification(s)/Permit/Authorization and is responsible
for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
3. The designer or their designee shall supervise the installation of in -stream structures. [15A NCAC
02H .0506(b)(2)]
4. Native vegetation shall be used throughout this project. All tree and shrub plantings within the
proposed planting buffer on both sides of the stream shall be protected from mowing or clearing.
[15A NCAC 02H .0506(b)(2)]
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)(2) and (b)(3)]
6. This authorization exempts the Permittee from meeting Condition 11.9 in the attached General
Certification for the placement of in -stream structure material into South Buffalo Creek. The
Permittee shall take all reasonable measures to construct in -stream structures while keeping heavy
equipment out of the stream channel. Only one piece of excavation equipment shall be allowed
access to work in the flowing stream at anytime. Equipment shall access the stream at the closest
point possible to reduce impacts to the stream bed. The majority of stream flow shall be diverted
around work areas along the stream banks such as toe protection and bank sloping. All reasonable
steps must be taken to limit the amount of disturbance in the channel and to therefore reduce
downstream turbidity during construction. This exemption does not relieve the Permittee of
meeting stream standards as indicated in 15A NCAC 02B. [15A NCAC 02H .0506(f)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office
at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along
with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday
between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919).431-3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the.OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
City of Greensboro
DWR# 2012-0443 v4
401 APPROVAL
Page 3 of 3
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
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. Please contact
Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov if you have any questions or concerns.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4087
cc: Ross Sullivan, Kimley Horn (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file