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HomeMy WebLinkAbout20120443 Ver 5_Approval Letter_20171228December 28, 2017 City of Greensboro Attn: Johnnie Hill 2602 S. Elm -Eugene St Greensboro NC 27406 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CU.LPEPPER. Interim Director DWR # 2012-0443 v5 Guilford County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS South Buffalo Creek Habitat and Water Quality Improvement Project — Phase IV Modifications Dear Mr. Hill: You have our approval for the impacts listed below for the purpose described in your application dated November 6, 2017, received by the Division of Water Resources (Division) December 18, 2017. These impacts are covered by the attached Water Quality General Certification Number 4134 and the Jordan Lake Buffer Rules and the conditions listed below. This Certification replaces the Certification issued on July 7, 2017. 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 certification(s) 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 635 (linear feet) 0 (linear feet) South Buffalo Creek 1303 (linear feet) 16 (linear feet) 404/401 Wetlands Site 1 0 (acres) . 0.03 (acres) Site 2 0 (acres) 0.08 (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 v5 401 APPROVAL 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)] 5. 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 any time. 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. 143-215.5] 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. City of Greensboro DWR# 2012-0443 v5 401 APPROVAL Page 3 of 3 Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 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.liomewood@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 4134 cc: William Sullivan, Kimley Horn (via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file