HomeMy WebLinkAbout20130969 Ver 1_Approval Letter_20130916i
NCDENR
North Carolina De p artment of Environment and Natural Resources
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Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
September 16, 2013
DWQ # 13 -0969
Guilford County
City of Greensboro
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Attn: Elijah Williams, P.E.
2602 South Elm Eugene St
Greensboro NC 27406
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Subject: Approval of 401 Water Quality Certification with Additional Conditions
Ardmore Park Stream Enhancement Project
Dear Mr. Williams:
You have our approval for the impacts listed below for the purpose described in your
application dated August 14, 2013 and received by the Division of Water Resources -Water
Quality Programs (Division) on September 9, 2013. These impacts are covered by the attached
Water Quality General Certification Number 38.85 and the conditions listed below. The General
Certification allows you to use Nationwide Permit Number 13 or 27 once it is issued to you by
the U.S. Army Corps of Engineers. In addition, 15A NCAC 02B.0267(9) indicates that impacts to
the protected riparian buffer are considered as exempt uses when a 401 Water Quality
Certification has been issued for the project. 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 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. 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 Certifications) /Permit /Authorization and is
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responsible for complying with all conditions
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
I Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107
Phone: 336 - 771 -50001 FAX: 336- 771 -46301 Customer Service: 1-877-623-6748
Internet: www.ncwatergualitv.org
An Equal Opportunity 1 Affirmative Action Employer
City of Greensboro
DWQ# 13 -0969
401 APPROVAL
Page 2 of 3
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Type of Impact
Temporary /Permanent
Amount Approved (Units)
Approved Impact (units)
Stream - mainstem
Temporary
1,351 (linear feet)
Stream - tributary
Temporary
325 (linear 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.
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
Certifications) /Permit /Authorization and is responsible for complying with all
conditions.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 1506 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 http:/ /www.ncoah.com / or call the OAH
clerk's office at (919) 43.1 -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 along with any applicable filing fee 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 along with any applicable filing fee 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 DEN R:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
City of Greensboro
DWQ# 13 -0969
401 APPROVAL
Page 3 of 3
This letter completes the review of the Division of Water Quality under section 401.of the Clean
Water Act and the Jordan Riparian Buffer Rules as described in 15A NCAC 02B.0267. Please
contact Sue Homewood at 336- 771 -4964 or Sue.Homewood @ncdenr.gov if you have any
questions or concerns.
Sincerely,
a
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j W. Corey Basinger
Regional Supervisor
DWR Winston -Salem Regional Office
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Enclosures: GC 3885
Certificate of Completion
cc: Ben Nash, Brown and Caldwell (via email)
Andy Williams, USACE Raleigh Regulatory Field Office (via email)
DWR -WQP WSRO 401 files
DWR -WQP Webscape Unit
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