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HomeMy WebLinkAbout20140394 Ver 1_Approval Letter_20140630'F5 Y� q DEN 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 4 1 I Ak ;—K WA A 4 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