20071995 Ver 1_Approval Letter_20090612

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 12, 2009
Mr. Keith Pugh
City of High Point
3301 Stafford Drive
High Point, NC 27261
Re: Hartley Drive Widening and Extension - City of High Point, Guilford/Davidson County
DWQ #20071995 correction; 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:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3785 issued to Mr. Keith Pugh, of the City of High Point, dated June 12,
2009. This certification will replace Certification No 3785 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.
Sinc ly,
Coleen H. 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
Andy Williams, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District
Sue Homewood, DWQ, Winston-Salem Regional Office
File Copy
Brandon Phillips, STV/Ralph Whitehead Associates, 1000 West Morehead Street, Suite 200, Charlotte, NC 28208
Filename: 071995HartleyDrive W ideningAndExtens ionCOHighPoint(Guilford_Davidson)401 _ICcorrection
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Nahma!!r,
Keith Pugh
DWQ #07-1995 correction
Page 2 of 2
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 0.376 acres of 404/wetland, 373 linear feet of
perennial stream, and 188 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 0.376 (acres) Application and Public Notice
Stream (perennial) 373 (linear feet) Application and Public Notice
Stream (intermittent) 188 (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:
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.
Keith Pugh
DWQ #07-1995 correction
Page 3 of 3
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 404/401Permit 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 NCGO10000
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 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. -1
Keith Pugh
DWQ #07-1995 correction
Page 4 of 4
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 conduct onsite mitigation in accordance with the approved plans in the application as well as 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 373 (linear feet) Yadkin/03040103
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.
Keith Pugh
DWQ #07-1995 correction
Page 5 of 5
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 12'h day of Ju 2009
DIVISION OF W T UALITY
Yoleen H. Sullins
CHS/cbk/Ym
3785
LF-FA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 2H.0500, Mr. Keith Pugh, of the City of High Point, to fill or otherwise impact
0.376 acres of 404/wetland, 373 linear feet of perennial stream, and 188 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
373 Linear Feet of Perennial Stream 373 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: 071995 HartleyDrive W ideningAndExtensionCOHighPoint(Guilford_Davidson)401 _IC_EEP_correction
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/
NorthCarohna
Wuraffi
An Equal Opportunity 1 Affirmative Action Employer