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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