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Home My WebLink About20180957 Ver 1_Approval Letter_20180827ROY COOPER 170-peelft MICHAEL S. RE AN Secretary LINDA CULPEPPER inrelym afrertff NORTH CAROLINA Envir nmer t&[Quality August 27, 2018 DWR # 20180957 Guilford County City of Greensboro Attn: Eric Tart PO Box 3136 Greensboro NC 27402 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS APPROVAL of JORDAN LAKE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Downtown Greenway Phase 4 and A&Y Greenway Dear Mr. Tart: You have our approval for the impacts listed below for the purpose described in your application dated July 2, 2018, received by the Division of Water Resources (Division) July 11, 2018, and with subsequent information on August 3, 2018. These impacts are covered by the attached Water Quality General Certification Numbers 4132,4134 and 4135 and the Jordan Lake Riparian Buffer Rules and the conditions listed below. This certification is associated with the use of Nationwide Permit Numbers 3, 14 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 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 and Jordan Lake Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] and 15A NCAC 02B .0267(8)] 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 D W R# 20180957 401/Buffer APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Site 2 — Erosion Control 0 (linear feet) 92 (linear feet) Site 2 — Stream Restoration 3377 (linear feet) 0 (linear feet) Site 2 - Culvert Extensions Channel Realignment 132 (linear feet) 0 (linear feet) Site 2 — Riprap Stabilization 280 (linear feet) 0 (linear feet) Site 4 — Culvert 149 (linear feet) 0 (linear feet) Site 5 — Debris Removal 0 (linear feet) 145 (linear feet) Buffers - Zone 1 Greenway 72,460 (square feet) 0 (square feet) Buffers — Zone 2 Greenway 54,803 (square feet) 0 (square feet) 2. This approval is for the purpose and designdescribed in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. 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(4)(2)] 3. All wetlands, streams, surface waters, and riparian buffers that are not approved for disturbance by this certification/authorization and located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC 02H.0507 (c)] 4. The permittee shall provide on-site supervision of stability work including, but not limited to bank re -sloping, culvert installation, in -stream structure placement, and riparian zone re- establishment, by an appropriately trained individual. [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)]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 City of Greensboro DWR# 20180957 401/Buffer APPROVAL Page 3 of 4 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 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/Authorization 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# 20180957 401/Buffer APPROVAL Page 4 of 4 This letter completes the review of the Division under section 401 of the Clean Water Act and the Jordan Lake Riparian Buffer Rules as described in 15A NCAC 02B.0267 Please contact Sue Homewood at 336- 776-9693 or sue.homewood@ncdenr.gov if you have any questions or concerns. Sincerely, W66V� J" Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ — WSRO Enclosures: GC 4132, 4134, 4135 cc: Tori Small. Wescott, Small & Associates (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