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Home My WebLink About20120894 Ver 2_Approval Letter_20130201North Carolina Department of Environment and Natural Resources Pat McCrory Governor Orange County Attn: Frank Clifton 131 W Margeret Lane Hillsborough, NC 27278 Subject Property: Division of Water Quality Charles Wakild, P. E. Director February 1, 2013 John E. Skvarla, III Secretary DWQ Project # 12 -0894 v2 Orange County Buckhorn- Mebane EDD Water and Sewer Improvements Phase 2 Haw Creek (UT) [030602, 16- 20 -(1), WSV, NSW) Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Basin Riparian Buffer Protection Rules (15A NCAC 02B.0233) with Additional Conditions Dear Mr. Clifton: You have our approval, in accordance with the attached conditions and those listed below, to place 611 within or otherwise permanently impact 0.683 acres of wetlands, 160 linear feet of stream 7,206 square feet of Zone 1 Neuse River Basin protected riparian buffer and 4,307 square feet of Zone 2 Neuse River Basin protected riparian buffer and temporarily impact 0.885 acres of wetlands, 15 linear feet of stream, 14,677 square feet of Zone 1 Neuse River Basin protected riparian buffer and 9,780 square feet of Zone 2 Neuse River Basin protected riparian buffer, as described within your application, received by the N.C. Division of Water Quality (DWQ) on December 27, 2012 with additional information received on January 24, 2013. This Certification replaces the Certification issued to you on October 26, 2012. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3884 (GC3884), which allows you to use Nationwide Permit(s) NW12 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge, and other regulations. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. if the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 02H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. One T14ort - ' ar(l inu Orange County — Buckhorn- Mebane EDD Water and Sewer Improvements Phase 2 Page 2 of 3 February 1, 2013 Additional Conditions of Certification: I. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Type of Impact Amount Approved Plan Location or Reference (Units) Wetland —temporary 0.885 (acres) PCN attachment for Wetland Impacts (Section C.2) Wetland — permanent 0.683 (acres) PCN attachment for Wetland Impacts (Section C.2) Stream —temporary 15 (linear feet) PCN attachment for Stream Impacts (Section C.3) Stream — permanent 160 (linear feet) PCN attachment for Stream Impacts (Section C.3) Zone 1 Buffers — 14,677 (square ft.) PCN attachment for Buffer Impacts temporary (Section C.6) Zone 1 Buffers — 7,206 (square ft.) PCN attachment for Buffer Impacts permanent (Section C.6) Zone 2 Buffers — 9,780 (square ft.) PCN attachment for Buffer Impacts temporary (Section C.6) Zone 2 Buffers - 4,307 (square ft.) PCN attachment for Buffer Impacts permanent (Section C.6). 2. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. 3. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non - erosive velocities through the protected stream buffers such that it will not re- concentrate before discharging into a stream as identified within 15A NCAC 28.0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen (and phosphorus if in the Tar - Pamlico River Basin). This may require additional approval from this Office. 4. You must revegetate all disturbed areas within the buffers as described in your application. If you need additional information on plantings, see Guidelines for Buffer Restoration available at: http://purtal.ricdenr.org/c/document library /set file ?uuid= e46ec613- 9Of3- 4e22 -973c- 57c863afc737 &grougld= 38364. S. Certificate of Completion The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWQ Webscape Unit within ten days of project completion (available at: h *.t :mortal 'Xde-ir.or we \w9 sv p/wsL401 cPnsa.iduermrt�a,)�forms). Orange County — Buckhorn- Mebane EDD Water and Sewer Improvements Phase 2 Page 3 of 3 February 1, 2013 This Certification 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. You may obtain a petition form from the Office of Administrative Hearings at httu: / /www.ncoah.com/ or call (919) 431- 3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. 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. Sincerely, g �JLM Karen Higgins, Superviso Wetlands, Buffers, Stormwater — Compliance & Permitting Unit Enclosures: GC3884 cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office Mark Lacy, Hobbs, Upchurch & Associates, P.A., 300 SW Broad Street, Southern Pines, NC 28387 File Copy Filename: 120894v20rangeCoBuckhorn- MebaneEDDWaterand5ewerlmprovementsPhase2 (0range)401 NBR.docx