20131043 Ver 3_Approval Letter_20140819

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North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 19, 2014
City of Graham
Attn: Frankie Maness, City Manager
PO Drawer 351
Graham NC 27253
John E. Skvarla, III
Secretary
DWQ # 13 -1043 v3
Alamance County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Approval of Jordan Lake Buffer Impacts with Additional Conditions
AICDZ- Proposed Sewer Line
Dear Mr. Maness:
You have our approval for the impacts listed below for the purpose described in your
modification dated July 23, 2014 and received by the Division of Water Resources — Water
Quality Programs (Division) on July 24, 2014. These impacts are covered by the attached Water
Quality General Certification Number 3890, Jordan Lake Riparian Buffer Rules and the
conditions listed below. The General Certification allows you to use Nationwide Permit Number
39 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 (USACE). 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.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
Winston -Salem Regional Office
Location 585 Waughtown St Winston- Salem, North Carolina 27107
Phone [phone] FAX [phone] Customer Service 1 -877 -623 -6748
Intemet www ncwaterguality ong
An Equal Opportunity 1 Affirmative Action Employer

City of Graham —AICDZ Proposed Sewer
DWQ# 13 -1043 v3
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.
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (Units)
Temporary
Stream
Site SB
27 linear feet
Site SC
31 linear feet
Site SH
40 linear feet
Site SK
31 linear feet
Site SF
30 linear feet
Site SG
40 linear feet
UT to Back Creek
40 linear feet
UT to Back Creek —
water line crossing
10 linear feet
Site DSA
33 linear feet
404/401 Wetlands
Site WB
0.0186 acres
Site WC
01102 acres
Buffers —Zone 1
Site SG
1351 square feet
1579 square feet
Buffers —Zone 2
Site SG
901 square feet
1125 square feet
2. Buffer impacts at perpendicular stream crossings SB, SC, SH, SK, SF, UT to Back Creek
(water and sewer crossings) 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
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.

City of Graham — AICDZ Proposed Sewer
DWQ# 13 -1043 v3
401 /Buffer APPROVAL
Page 3 of 4
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.
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.
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
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 1508 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.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 filing fee is received by the Office of Administrative
Hearings within five (5) business days following the faxed transmission.

City of Graham — AICDZ Proposed Sewer
DWQ# 13 -1043 v3
401 /Buffer APPROVAL
Page 4of4
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Resources under section 401 of the
Clean Water Act and the Jordan Riparian Buffer Rules as described in 15A NCAC 02B .0267.
Please contact Sue Homewood at 336 - 771 -4964 or Sue. Homewood @ncdenr gov if you have
any questions or concerns.
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3804 -:;,18qC)
cc: Kyle Smith, AWCK (via email)
Andy Williams, USACE Raleigh Regulatory Field Office (via email)
DWR -WQP WSRO 401 files
DWR -WQP 401 & Buffer Permitting Unit