HomeMy WebLinkAbout20200171 Ver 1_Local Government Buffer Approval_20200309City of
BURLINGTON
-Water Resources
March 9, 2020
Mr. David Lazzo
Howling Wolf Res, LLC
2100 Cook Ridge Court
Raleigh, NC 27615
Determination of No Practical Alternatives Authorization Certificate for Riparian Buffer Disturbance at Garden
Road Townhomes, Howling Wolf, LLC, Garden Road, PIN 8854063472, Burlington, NC
Dear Mr. Lazzo,
In accordance with the State of North Carolina's Rule 15A NCAC 02B .0267 —Jordan Water Supply Nutrient
Strategy: Protection of Existing Riparian Buffers, any applicant that intends to disturb Zone 1 and/or Zone 2 of a
riparian buffer must show that there is "No Practical Alternative" to the requested use. The Stormwater Division
received a "Riparian Buffer Authorization Application" on January 31, 2020 stating that a permanent riparian
stream buffer disturbance in Zone 1 and Zone 2 was necessary for constructing Garden Road Townhomes.
We have reviewed the information you submitted, including explanations of how the impacts have been
reduced to the maximum extent practicable, how diffuse flow will be met, and mitigation plans. The following
proposed riparian buffer impacts have been found to meet the criteria in Subsection 7.3.1-1.1 Determination of
No Practical Alternative/Request for Authorization Certificate of the City of Burlington Unified Development
Ordinance for a determination of "no practical alternative" and are authorized, in accordance with the attached
conditions. Please be advised, you must secure any other required federal, state, and local certifications before
the project proceeds.
Stream
Name
Buffer Impact
Permanent or
Temporary
(P or T)
Activity or Use
(From
Table 7.3.G.2
of the UDO)
Reason for
Impact
Type of Impact
(Exempt, Allowable,
Allowable w/
Mitigation)
Zone 1
Impact
(sq. ft)
Zone 2
Impact
(sq. ft)
Unnamed
P
Stormwater SCM
Allowable
263
1,238
Tributary
New or altered
to Gum
drainage ditches,
Creek
roadside ditches
and stormwater
outfalls provided
that a
Stormwater
management
facility is
installed to
control nutrients
and attenuate
flow before the
conveyance
Stormwater Division 1 1302 Belmont Street I Burlington, NC 27215 1 (336) 222-5091 1 stormwaterfturlingtonnc goy I www.BurlingtonNC.gov
Determination of No Practical Alternatives Riparian Buffer Authorization Certificate
March 9, 2020 Page 2 of 2
discharges
through the
riparian buffer.
Unnamed
P
Utility, non-
Allowable
3,028
3,015
Tributary
electric,
to Gum
perpendicular
Creek
Unnamed
P
Utility, non-
Allowable w/
509
Tributary
electric not
Mitigation
to Gum
perpendicular
Creek
Total
3,800
4,253
(sq. ft)
The Additional Conditions of the Certificate are:
Upon completion of all work approved within this authorization, and anysubsequent modifications, the
applicant is required to submit the following to the City of Burlington Stormwater Division:
A copy of the mitigation payment to the private mitigation bank. The required amount of mitigation
area is 1,527 sq. ft based on the buffer impact area in Zone 1 (mitigated at 3:1 ratio).
The attached certificate of completion.
This approval is valid only for the purpose and design that was described in your application. If any modifications
are made to the project a written notification describing the changes, must be submitted to the City of
Burlington Stormwater Division and you may be required to submit a new application. If the property is sold,
the new owner must be given a copy of this authorization letter and is thereby responsible for complying with all
conditions. If you have any questions, please contact Carolyn Buckner at (336)222-5091.
Sincerely,
CNI, I n
Carolyn M Buckner, PE
Environmental Specialist
City of Burlington Stormwater Division
Enclosures: Certificate of Completion
cc: Bradley S. Luckley, PWS— Pilot Environmental, Inc.
Sue Homewood, NC DWR Winston Salem Regional Office
David E. Bailey- USACOE Raleigh Regulatory Field Office
David Bowman, PE -Burlington Erosion Control Administrator
Stormwater Division 1 1302 Belmont Street i Burlington, NC 27215 1 (336) 222-5091 1 stormwaterno burlingtonnc gov i www.BurlingtonNC.gov