20071995 Ver 1_Approval Letter_20090309

NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 9, 2009
Mr. Keith Pugh
City of High Point
3301 Stafford Drive
High Point, NC 27261
C)'1- 10,otS
Resources
Dee Freeman
Secretary
Re: Hartley Drive Widening and Extension - City of High Point, Guilford/Davidson County
DWQ 420071955; USACE Action ID. No. SAW-2006-20795
Ut to Rich Fork Creek [030707, 12-119-7, C]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Pugh:
Attached hereto is a copy of Certification No. 3785 issued to Mr. Keith Pugh, of the City of High Point,
dated March 9, 2009. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
SH. Sullins
CHS/cbk/ijm
Attachments: . Certificate of Completion
NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
cc: Becky Fox, EPA Region 4, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District
Sue Homewood, DWQ, Winston-Salem Regional Office
DLR Winston-Salem Regional Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
Brandon Phillips, STV/Ralph Whitehead Associates, 1000 West Morehead Street, Suite 200,
Charlotte, NC 28208
Filename: 071995Ha rtleyDrive W ideni ngAndExtensionCOHighPoi nt(G uilford_Davidso n)401_IC
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hftp://h2o.enr.state.nc.us/ncwetlands/
NoIhCarolina
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An Equal Opportunity 1 Affirmative Action Employer
City of High Point
Page 2 of 5
March 9, 2009
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Keith Pugh, of the City of High Point, to fill or
otherwise impact 0.349 acres of 404/wetland, 361 linear feet of perennial stream, and 157 linear feet of
intermittent stream, in the Yadkin River Basin, to construct the Hartley Drive widening and extension at the
site. The site is located at Hartley Drive, US 311 (North Main Street) and Westover Drive, Shadow Valley
Road intersection, in High Point, Guilford County, North Carolina, pursuant to a permit application dated
July 12, 2007, and received by the DWQ on November 28, 2007, by Public Notice issued by the USACE on
December 6, 2007, and received by the DWQ on December 11, 2007, and by all additional correspondence
received by the DWQ on February 28, 2008, April 23, 2008, July 16, 2008, October 21, 2008, February 23,
2009, and March 6, 2009.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. 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 of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 0.349 (acres) A lication and Public Notice
Stream (perennial) 361 (linear feet A lication and Public Notice
Stream (intermittent) 157 (linear feet Application and Public Notice
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
City of High Point
Page 3 of 5
March 9, 2009
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and. maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices 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. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
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 404/401 Permit 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 without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with GC 3705;
Continuing Compliance:
6. Mr. Keith Pugh, of the City of High Point, 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 Mr. Keith Pugh, of the City of High Point, 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 Mr. Keith Pugh, of the City of High Point, 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;
7. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
City of High Point
Page 4 of 5
March 9, 2009
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated by conditions in the permit. If your project is covered by this permit
[applicable to construction projects that disturb one (1) or more acres], full compliance with permit
conditions including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be found at
http: Ah2o. enr. state. nc. us/su/Forms Documents. htm. ;
8. The channel relocations should be constructed with minimal disturbance to the existing channels.
The existing channels should retain as much buffer as possible during new channel construction and
crossings of the existing channels should be minimized and protected with appropriate sediment and
erosion control measures.
9. The Division of Water Quality, WSRO, should be notified when construction on the new stream
channels begins. Please contact Sue Homewood at 336-771-4964 at the time of notification.
10. All channel relocations will be constructed in a dry work area and stabilized before stream flows are
diverted. Channel relocations will be completed and stabilized, and must be approved on site by DWQ
staff, prior to diverting water into the new channel. Whenever possible, channel relocations shall be
allowed to stabilize for an entire growing season. Vegetation used for bank stabilization shall be
limited to native species. A transitional phase incorporating coir fiber and seedling establishment is
allowable. There shall be no removal of vegetation roots (grubbing) in areas where the grades do not
need to be modified except for removal of invasive species.
11. Upon completion, the new channels should be inspected in accordance with the USACE Stream
Mitigation Guidelines Level 1.
12. Documentation of permanent conservation mechanism must be submitted to the Division prior to the
initiation of the impacts approved by this certification.
Mitigation:
13. 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
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. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 calendar days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into
the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
Type of impact Compensatory Mitigation Required River and Sub-Basin Number
Stream - perennial 361 (linear feet) Yadkin/03040103
City of High Point
Page 5 of 5
March 9, 2009
14. 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 the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit.
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 9`h day
DIVIRMN 4
A
CHS/cbk/Um
Coleen H. Sullins
009
JALITY
3785
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Keith Pugh, of the City of High Point, to fill or otherwise impact
0.349 acres of 404/wetland, 361 linear feet of perennial stream, and 157 linear feet of intermittent stream, in the
Yadkin River Basin, to construct the Hartley Drive widening and extension at the site, which is located at Hartley
Drive, US 311 (North Main Street) and Westover Drive, Shadow Valley Road intersection, in High Point, Guilford
County, North Carolina. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT
THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME Hartley Drive Extension and Widening
DWQ PROJECT #: 20071995
LOCATION: High Point
COUNTY Guilford/Davidson
BASIN/ SUB BASIN Yadkin/03040103
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers 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).
Impacts Mitigation
361 Linear Feet of Perennial Stream 361 Linear Feet of Perennial Stream
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 HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 071995HartleyDriveW ideningAndExtensionCOHighPoint(Guilford_Davidson)401 _IC_EEP
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarofina
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] / 8\ FAX: [phone] aturallty
Internet:
An Equal Opportunity 1 Affirmative Action Employer