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HomeMy WebLinkAbout20130656 Ver 2_Approval Letter_20140407M ®� REENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, 111 Governor Director. Secretary April 7, 2014 DWQ # 13 -0656 v2 Guilford County NCDENR Division of Parks and Recreation Attn: Jimmy Dodson t 1615 Mail Service Center Raleigh NC 27699 -1615 Subject: Approval of 401 Water Quality Certification with Additional Conditions Approval of Jordan Riparian Buffer Impacts with` Additional Conditions Haw River State Park, Church Street Interim Development - Phase I I Dear Mr. Dodson: You have our approval for the impacts listed below for the purpose described in your application for a modified approval dated. March 4, 2014 and received by Division of Water Resources (Division) on March 13, 2014 and subsequent information on April 7, 2014. These impacts are covered by the attached Water Quality General Certification Number 3886 and the conditions listed below. The General Certification allows you to use Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. 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 and Authorization. If you change your project, you must notify the Division and you maybe 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 I � i Certification (s)/Permit/Authorization. and is responsible for complying with all conditions. C 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 Ofce 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.ncwateroualitv.oro An Equal Opportunity 1 Affirmative Action Employer NCDENR -DPR DWQ# 13 -0656 Q 401 & Buffer 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) 404/401 Wetlands Permanent 0.014 (acres) Stream Temporary 45 (linear feet) Buffers —Zone 1 Permanent 4813 (square feet) Buffers - Zone 2 Permanent 4155 (square feet) Buffers —Zone 1 Temporary 1399 (square feet) Buffers -Zone 2 Temporary 184 (square 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 and Authorization. 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. 3. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Disturbed areas with pre- existing forest vegetation,must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting. approximately 436 (10 x 10 spacing) to 681 (8 x.8 spacing) trees per acre.). Restoration of trees /shrubs /forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree. plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. This approval. and its conditions are final and binding unless contested. This Certification and Buffer Authorization 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,.hcoah.com/ or call the OAH clerk's office at (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this Certification and Buffer Authorization, 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). A t NCDENR - DPR ti DWQ# 13 -0656 v2 401 & Buffer APPROVAL Page 3 of 3 The petition maybe faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. � a Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285 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 This letter completes the review of the Division under section 401 of the Clean Water Act and the Jordan Riparian Buffer Rules as described in 15A NCAC .0267. Please contact Sue Homewood at 336- 771 -4964 or sue.homewood @ncdenr.gov if you have any questions or concerns. Sincerely, .i� W. Corey Basinger Regional Supervisor Water Quality Regional Operations Division of Water Resources Enclosures: GC 3886 Certificate of Completion cc: Craig Brown; USACE Raleigh Regulatory Field Office (via email) DWR WSRO 401 files DWR Webscape Unit