HomeMy WebLinkAbout20140394 Ver 1_Approval Letter_20140630'F5
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North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 30, 2014
City of Burlington
Attn: Harold Owen
425 S. Lexington Ave
Burlington NC 27215
John E Skvarla, III
Secretary
DWR # 14 -0394
Alamance County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
APPROVAL of Jordan Lake RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Haw River Parallel Interceptor Project
Dear Mr. Owen:
You have our approval for the impacts listed below for the purpose described in your
application dated April 16, 2014, received by the Division of Water Resources (Division) April 17,
2014, with subsequent information on June 24, 2014. These impacts are covered by the
attached Water Quality General Certification Number 3884 and the Jordan Lake Buffer Rules
and the conditions listed below. This certification is associated with the use of Nationwide
Permit Number 12 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 requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Jordan Lake Buffer Rules are met. No other
impacts are approved, including incidental impacts.
Winston -Salem Regional Office
Location 585 Waughtown St Winston- Salem, North Caiolina 27107
Phone 336 -771 -50001 FAX 336- 771 -4630 �, Customer Service 1 -877 - 623 -6748
Internet http 1lpor+al ncdenr orgim ebiwgAvs
An Equal Opportunity 1 Arfumatrve Action Employer
City of Burlington
DWR# 14 -0394
401HBuffer APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1- Impact 1
39 (linear feet)
S1- Impact 2
18 (linear feet)
S3- Impact 3
8 (linear feet)
25 (linear feet)
54- Impact 4
37 (linear feet)
404/401 Wetlands
W1- Impact 6
0.1589 (acres)
W1- Impact 6
0.2467 (acres)
W1- Impact 6
0.1185 (acres)
W2- Impact 7
0.0532 (acres)
W2- Impact 7
0 0064 (acres)
Buffers —Zone 1
B1
1132 (square feet)
B2
1450 (square feet)
7585 (square feet)
B3
814 (square feet)
1654 (square feet)
B4
136 (square feet)
1833 (square feet)
B5
B6
1228 (square feet)
Buffers — Zone 2
B1
792 (square feet)
B2
2360 (square feet)
2310 (square feet)
133
549 (square feet)
1139 (square feet)
B4
248 (square feet)
988 (square feet)
B5
1801 (square feet)
3335 (square feet)
B6
117 (square feet)
2906 (square feet)
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 /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 Certification (s) /Permit /Authorization and is responsible for complying with all
conditions.
City of Burlington
DWR# 14 -0394
401HBuffer APPROVAL
Page 3 of 5
3. Mitigation must be provided for the proposed impacts as specified in the table below.
The Division has received an acceptance letter from the NC Ecosystem Enhancement
Program (EEP) to meet this mitigation requirement. Until the EEP receives and clears
your payment, and proof of payment has been provided to this Office, no impacts
specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to the EEP to meet the following
compensatory mitigation requirement:
4. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed.
5. The project shall comply with 15A NCAC 02T.0301 and all other State, Federal and local
sewer system regulations.
6. This authorization exempts the Permittee from meeting Condition #16 and Condition
#17 in the attached general certification for the width of construction and maintenance
corridors. The construction and permanent maintenance corridors shall be limited to
the width shown in the permit application documents.
7. The Permittee shall stake the limits of disturbance adjacent to Stream 1 and conduct a
preconstruction meeting with the construction contractor prior to disturbance of the
impact area. The Division shall be notified of the meeting two weeks prior to its
scheduled date
8. The Permittee shall replant the vegetation within temporarily disturbed areas
associated with this project in an "in kind" manner immediately following construction.
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.
Impacts Requiring
Total Mitigation
Mitigation
Requirement
Buffers
2264 square feet of
6792 square feet
Zone 1 impacts
4. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed.
5. The project shall comply with 15A NCAC 02T.0301 and all other State, Federal and local
sewer system regulations.
6. This authorization exempts the Permittee from meeting Condition #16 and Condition
#17 in the attached general certification for the width of construction and maintenance
corridors. The construction and permanent maintenance corridors shall be limited to
the width shown in the permit application documents.
7. The Permittee shall stake the limits of disturbance adjacent to Stream 1 and conduct a
preconstruction meeting with the construction contractor prior to disturbance of the
impact area. The Division shall be notified of the meeting two weeks prior to its
scheduled date
8. The Permittee shall replant the vegetation within temporarily disturbed areas
associated with this project in an "in kind" manner immediately following construction.
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.
City of Burlington
DWR# 14 -0394
401 / /Buffer APPROVAL
Page 4 of S
This approval and its conditions are final and binding unless contested.
This Certification /Buffer Authorization 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 (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00arn and 5:00pm, excluding official
state holidays).
The petition may be 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.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx, etc).
Office of Administrative Hearings
1711 New Hope Church Road
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
City of Burlington
DWR# 14 -0394
401HBuffer APPROVAL
Page 5 of 5
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Jordan Lake Riparian Buffer Rules as described in 15A NCAC 2B .0267. Please contact Sue
Homewood at 336 - 771 -4964 or sue.homewood @ncdenr.gov if you have any questions or
concerns.
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3884
cc: Jason Hartshorn /Chad Evenhouse, Kimley Horn (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
North Carolina Division of Water Quality
Jordan Buffer Authorization
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2B 0268, Harold Owen of the City of Burlington has permission as outlined below to
fill or otherwise impact 2264 square feet of Zone 1 of Jordan Lake Riparian Buffer to construct the proposed Haw
River Parallel Interceptor Sewer Project which is located in Burlington, in Alamance County, North Carolina All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached
Permit transmittal letter. THIS AUTHORIZATION IS NOT VALID WITHOUT THE ATTACHMENTS
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT # 2014 -0394
SITE NAME Haw River Parallel Interceptor Project
LOCATION Burlington, NC
COUNTY Alamance
BASIN/ SUB BASIN Cape Fear (HUC 03030002) — Haw River Subwatershed
As required by 15A NCAC 2B 0268, and the conditions of this Authorization, 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 I Mitigation
2264 square feet Zone 1 buffer 16792 square feet buffer
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment
of a fee to the Wetlands, Stream and Buffer Restoration Fund per NCAC 213 0503 If you choose this option, please
sign this form and mail the form along with a copy of the 401 Certification and Variance Approval 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) 707 -8976
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone 919 -807 -63001 Fax 919 - 807 -6492
Internet www ncwaterauality ong
An Equal Opportunity\Affirmative Action Employer