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Home My WebLink About20031554 Ver 2_Approval Letter_20091130M A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 30, 2009 City of High Point Attn: Mr. Christopher Thompson Division of Public Services 211 South Hamilton Street High Point, NC 27261 DWQ # 2003-15542 Guilford County Subject Property: Riverdale Landfill, 5898 Riverdale Drive, Jamestown, NC UT to Deep River/Randleman Lake [030608, 17-(4), WS-IV, Ca] AUTHORIZATION of Randleman River Riparian Buffer Protection Rules MAJOR VARIANCE [15A NCAC 2B.02501 with ADDITIONAL CONDITIONS Dear Mr. Thompson, You have our authorization, in accordance with the conditions listed below, to impact 17,531 square feet (ft) of Zone 1 of the protected buffers and 14,480 square feet (112) of Zone 2 of the protected buffers to pipe a stream on the subject property as described within your major variance request dated November 18, 2009, received by the Division of Water Quality (DWQ) on October 23, 2009, with a final signed hardcopy version received by DWQ on November 27, 2009, and approved by the Water Quality Committee on November 18, 2009. This letter shall act as your Major Variance authorization as described within 15A NCAC 213 .0248(c) and 15A NCAC 213. 0104(r). In addition, you should get any other required federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control. This authorization shall expire five years from the date of this authorization. This authorization is only valid for the purpose and design that you described in your Major Variance Request. If you change your project, you must notify us and you may be required to send us a new request for authorization. If the property is sold, the new owner must be given a copy of this authorization and is thereby responsible for complying with all conditions. For this authorization to be valid, you must follow the conditions listed below. No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0250) shall occur to Zone 1 of the protected riparian buffers. No impacts to jurisdictional streams, buffers or wetlands can occur at the site until all applicable permits from the Corps of Engineers and DWQ have been obtained. Deed Restrictions: Deed restrictions or similar mechanisms shall be placed on all retained protective buffers in order to prevent future buffer impact. These mechanisms shall be put in place prior to impacting any buffers approved for impact under this Authorization. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX: 919-733-6893 Internet: http://h2o.enr.state.nc.us/ncwetlands/ NorthCarolina Naturally An Equal Opportunity 1 Affirmative Action Employer City of High Point Page 2 of 2 November 30, 2009 4. Certificate of Completion Upon completion of all work approved within this Buffer Authorization, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Mitigation: Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization shall occur. Kelly Williams at the EEP should be contacted at (919) 716-1921 if you have any questions concerning payment into a restoration fund. You have one month from the date of this authorization to make this payment. For accounting purposes, this Authorization authorizes payment into the Buffer Restoration Fund to meet the following compensatory mitigation requirement: Buffer Impacts Reference Mitigation Zone 1 Buffers 17,531 (square feet) Application 35,062(s ware feet) Zone 2 Buffers 14,480 (square feet Application 14,480 s uare feet If you do not accept any of the conditions of this authorization, you may ask for and adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This authorization and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under the Randleman Lake Riparian Buffer Protection Rules [ 15A NCAC 213 .0250]. Please call Amy Chapman at 919-715-6823 or Cyndi Karoly at 919-733-1786 if you have any questions or require copies of our rules or procedural materials. Enclosure: Certificate of Completion NC EEP Letter CHS/cbk/asc Sincerely, flL 6-1? Coleen H. Sullins cc: Sue Homewood, DWQ Winston Salem Regional Office Bob Zarzecki, S&EC, 11010 Raven Ridge Rd, Raleigh, NC 27614 File Copy File: 0315 54v2RiverdaleLandfill(Guilford)Maj VAR A i .a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director North Carolina Division of Water Quality Randleman Riparian Buffer Major Variance Summary of Permitted Impacts and Mitigation Requirements Dee Freeman Secretary In accordance with 15A NCAC 2H.0500, the City of High Point, has permission to fill or otherwise impact 17,531 square feet of Zone 1 Randleman Lake protected riparian buffers and 14,480 square feet of Zone 2 Randleman Lake protected riparian buffers, to pipe two streams at the Riverdale Landfill site, which is located 5898 Riverdale Drive, Jamestown, NC, in Guilford County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM NC EEP NAME Riverdale Landfill DWQ PROJECT 2003-1554v2 LOCATION: 5898 Riverdale Drive, Jamestown COUNTY Guilford BASIN/ SUB BASIN Cape Fear/03030003 As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 17,531 Square Feet Zone 1 Buffer 35,062 Square Feet Zone 1 Buffer 14,480 Square Feet Zone 2 Buffer 14,480 Square Feet Zone 2 Buffer One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your Major Variance to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature ___ _ Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 716-1921 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX: 919-733-6893 Internet: http://h2o.enr.state.nc.us/ncwetlands/ Filename: 03155v2RiverdaleLandfill(Guilford)Maj Var_RBR_EEP NorthCarolina Naturally An Equal Opportunity 1 Affirmative Action Employer