HomeMy WebLinkAbout20130656 Ver 2_Approval Letter_20140407M
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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
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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
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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:
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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.
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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