HomeMy WebLinkAbout20131043 Ver 2_Approval Letter_20140402Dear. Mr. Maness:
You have. our approval for the impacts listed below for the purpose described in your
modification dated March 12, 2014 and received by the Division of Water Resources = Water
Quality Programs (Division) on March 13, 2014. These impacts are covered by the attached
Water Quality General Certification Number 3884, Jordan Lake Riparian Buffer Rules and the
conditions listed below. The General Certification allows you to use Nationwide Permit Number
.12 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.
The Alamance Interstate Corridor Development Zone(AICDZ) has been determined to be a
single and complete project by the US'Army Corps of Engineers (USAGE) Impacts for the
following three projects: DWR #13 -1043 -AICDZ Proposed Sewer; DWR# 13 -1045 AICDZ -
Proposed Road; and DWR# 13 -1044 Project Swordfish and all other proposed and future
impacts within and associated with the'AICDZ, have been determined to be a single and
complete project. -
l This approval requires you to follow the conditions Listed in the enclosed certification(s) or
general permit and the following additional conditions:
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Winston -Salem Regional Office.
Location: fi85 Waughtown St. Winston - Salem, North Carolina 27107
Phone: 336 - 771 -50001 FAX: 336- 771 -46301 Customer Service: 1- 877 - 623 -6748
Internet: www.ncwaterauality.orp
An Equal Opportunity 1 Affirmative Action Employer
City of Graham -AICDZ Proposed Sewer
DWQ# 13 -1043 Q
401 /Buffer APPROVAL _
Page 2 of 4
1. The following impacts are hereby approved provided that. all of the other specific and
general conditions of the Certification, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
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.2. Buffer impacts at perpendicular stream crossings. SB, SC, SH, SK, 'SF, UT to Back Creek
and DSA have been. determined to be exempt from the Jordan Lake Riparian Buffer rules
provided the construction corridor is 40 feet in width or less and the permanent
maintenance corridor is 10 feet in width or less. The parallel impacts to Zone .2 of Back
Creek are considered exempt in accordance with Session Law 2013 -395.
3. 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
f 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.
4. Any additional impacts to streams, buffers, and /or wetlands as a result Of future roads,
buildings, driveways, utility, lines or other development related activities within this
project as defined by the US Army Corps of Engineers (USACE) may require a
modification of this 401 Water Quality Certification or Buffer Authorization approval.
Type of Impact Amount Approved Amount Approved (Units)
(units) Temporary
Permanent
Stream
Site SB .27 linear feet
Site SC 31 linear feet
SiteSFl 28 linear feet
Site SK 31 linear feet
Site SF 30 linear feet
Site SG 40 linear feet
UT to Back Creek 40 linear feet
Site DSA 33 linear feet
404 /401 Wetlands
Site WB 0.0186 acres
Site WC 0.1102 acres
Buffers —Zone 1
Site SG 1351 square feet 1579 square feet
Buffers — Zone 2
Site $G 901 square
-feet
1125 square feet
.2. Buffer impacts at perpendicular stream crossings. SB, SC, SH, SK, 'SF, UT to Back Creek
and DSA have been. determined to be exempt from the Jordan Lake Riparian Buffer rules
provided the construction corridor is 40 feet in width or less and the permanent
maintenance corridor is 10 feet in width or less. The parallel impacts to Zone .2 of Back
Creek are considered exempt in accordance with Session Law 2013 -395.
3. 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
f 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.
4. Any additional impacts to streams, buffers, and /or wetlands as a result Of future roads,
buildings, driveways, utility, lines or other development related activities within this
project as defined by the US Army Corps of Engineers (USACE) may require a
modification of this 401 Water Quality Certification or Buffer Authorization approval.
Type of Impact Amount Approved Amount Approved (Units)
(units) Temporary
Permanent
Stream
Site SB .27 linear feet
Site SC 31 linear feet
SiteSFl 28 linear feet
Site SK 31 linear feet
Site SF 30 linear feet
Site SG 40 linear feet
UT to Back Creek 40 linear feet
Site DSA 33 linear feet
404 /401 Wetlands
Site WB 0.0186 acres
Site WC 0.1102 acres
Buffers —Zone 1
Site SG 1351 square feet 1579 square feet
Buffers — Zone 2
Site $G 901 square
City of Graham - AICDZ Proposed Sewer
DWQ# 13 -1043 v2
401 /Buffer APPROVAL
Page 3 of 4
5. All wetlands, streams, surface waters, and riparian buffers 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.
6. The project shall comply with 15A NCAC 02T.0301 and all other State, Federal and local
sewer system regulations.
I 7. All temporary impacted areas will be. restored to pre- construction natural conditions
upon completion of the project. Native vegetation shall be used for wetland and stream
bank stabilization.
8. When final design plans are completed for this project they shall be submitted to the NC
Division. If final designs indicate a change to the location or amount.of stream, wetland,
'! or buffer impacts than what. is hereby approved then a modification to the 401 Water
Quality Certification and. Buffer Authorization shall be submitted with five copies and
i fees to the Division. Final designs shall reflect all appropriate avoidance; minimization,
and mitigation for impacts to wetlands, streams, and other surface waters, and.buffers.
No construction activities that impact any wetlands, streams, surface waters, or buffers
located within this project shall begin until after the permittee applies for, and receives
a written modification of the 401 Water Quality Certification and the Jordan Lake
Riparian Buffer Authorization from the Division.
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 30 calendar days.
A petition form may be obtained from the OAH at http: / /www.ncoah.com1 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.(Mondaythrough 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 filing fee is received by the Office of Administrative
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Hearings within five (5) business days following the faxed transmission.
i Mailing address for the Office. of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
i Raleigh, NC 27699 - 6714
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