HomeMy WebLinkAbout20180931 Ver 1_Approval Letter_20180801NORTH CAROLINA
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MICHAEL S. RE AN
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LINDA CULPEPPER
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August 1, 2018
DWR # 20180931
Guilford County
City of Greensboro
Attn: Johnnie Hill
2602 S Elm -Eugene St
Greensboro NC 24706
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Western Trail Stream Restoration
Dear Mr. Hill:
You have our approval for the impacts listed below for the purpose described in your
application dated and received by Division of Water Resources (Division) on July 3, 2018,
with payment received on July 9,2018, and with subsequent information on July 13, 2018 and
July 19, 2018. These impacts are covered by the attached Water Quality General Certification
Numbers 4134 and 4139 and the Jordan Lake Riparian Buffer Rules and the conditions listed
below. This certification is associated with the use of Nationwide Permit Numbers 18 and 27
once they are 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:
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North Carolina Department of Environmental Quality I Division of Water Resources
450 W. Hanes Mill Rd, Winston-Salem, NC 27107
336.776-9800
City of Greensboro
DWR# 20180931
401 APPROVAL
Page 2 of 4
I. 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
Amount Approved
(units)
(units)
Permanent
Temporary
Stream — concrete wall
33 (linear feet)
0 (linear feet)
Stream — restoration J
117 (linear feet)
0 (linear feet)
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
Certifications)/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 stream restoration activities. [15A
NCAC 02H .0506(b)(2)]
4. 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)]
5. The permittee shall ensure that mature trees within the buffer areas will be protected
as much as feasible during the construction of this project. [15A NCAC 02H .0506(b)(2)]
6. The permittee shall report to the Winston Salem Regional Office any noncompliance
with this certification, any violation of stream or wetland standards [15A NCAC 02B
.0200] including but not limited to sediment impacts, and any violation of state
regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided
orally within 24 hours (or the next business day if a weekend or holiday) from the time
the applicant became aware of the circumstances. A written submission shall also be
provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance,
and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of
City of Greensboro
DWR# 20180931
401 APPROVAL
Page 3 of 4
the noncompliance. The Division may waive the written submission requirement on a
case-by-case basis.
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 1506 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: 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
City of Greensboro
DWR# 20180931
401 APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water. 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 4134, 4139
cc: David Hamilton, ARCADIS (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file