20140394 Ver 2_Approval Letter_20150129

WDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
January 29, 2015
City of Burlington
Attn: Harold Owen, City Manager
425 S. Lexington Ave
Burlington NC 27215
DWR # 14 -0394 v2
Alamance County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
APPROVAL of Jordan Lake RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
City of Burlington Haw River Interceptor Project — Phase 1 & Phase 2A
Dear Mr. Owen:
You have our approval for the impacts listed below for the purpose described in your
application dated January 8, 2015, received by the Division of Water Resources (Division)
January 12, 2015. These impacts are covered by the attached Water Quality General
Certification Number 3884 and the Jordan Lake Buffer Rules and the conditions listed below.
This certification is associated with the use of Nationwide Permit Number 12 once it is issued to
you by the U.S. Army Corps of Engineers. This approval shall supercede DWR #14 -0351 issued
on June 30, 2014. 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:
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 02B .0506(b)(c)]
Phase 2A impacts:
Impact Area
Temporary /Permanent
Impact Amount
404/401 Wetlands
Temporary
0.0086 acres
Streams
Permanent
40 linear feet
Streams
Temporary
32 linear feet
Winston -Salem Regional Office
Location: 450 W. Hanes Mill Rd, Suite 300. Winston - Salem, North Carolina 27105
Phone: [phone] FAX: 336 - 776 -97971 Customer Service: 1- 877 -623 -6748
Internet: hftp : / /ponal.ncdenr.org /web /wgtws
An Equal Opportunity 1 Affirmative Action Employer

City of Burlington
DWR# 14 -0394 v2
401 / Buffer APPROVAL
Page 2 of 3
Phase 1 impacts:
Impact Area
Temporary /Permanent
Impact Amount
404/401 Wetlands
Permanent
0.4248 acres
404/401 Wetlands
Temporary
0.2241 acres
Streams
Permanent
48 linear feet
Streams
Temporary /Stabilization
119 linear feet
Buffers
Temporary
24902 square feet
Buffers
Permanent
7475 square 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
and Buffer 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 02B .0507(d)(2)]
3. Mitigation for Phase I impacts is required as indicated in the DWR #14 -0394 approval
dated June 30, 2014.
This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5]
This Certification /Buffer Authorization 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 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285

City of Burlington
DWR# 14 -0394 v2
401 /Buffer APPROVAL
Page 3 of 3
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
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 .0267. Please contact Sue
Homewood at 336 -776 -9693 or sue.homewood([e-mail] if you have any questions or
concerns.
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3884
cc: Josh Johnson, AWCK (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit