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Home My WebLink About20140540 Ver 1_Approval Letter_20140811LPIWA Arja NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E Skvarla, III Governor Secretary August 11, 2014 City of Greensboro Water Resources Department Attn: Melinda King 2602 S. Elm- Eugene St Greensboro NC 27406 DWR # 14 -0540 Guilford County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS APPROVAL of Jordan Lake RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Young's Mill Sewer Outfall Dear Ms King: You have our approval for the impacts listed below for the purpose described in your application dated May 7, 2014, received by the Division of Water Resources (Division) June 2, 2014, with subsequent information on July 21, 2014, July 31, 2014 and August 5, 2014 These impacts are covered by the attached Water Quality General Certification Numbers 3884 and 3890, the Jordan Lake Buffer Rules and the conditions listed below These certifications are associated with the use of Nationwide Permit Numbers 12 and 18 once they are 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 certification (s) or general permit and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. INInston -Salem Regional Office Location 585 Waug "town St Winston- Salem, North Carolina 27107 Phone 336 - 771- 5000'k FAX 336- 771 -46301 Customer Service 1 -871-623 -5748 Interne: http.rporal ncdenrorg /web /wgrws An Equal Opoortun ty ; Affirmative Action Employer City of Greensboro DWR# 14 -0540 401 /Buffer APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Streams 41 (linear feet) 562 (linear feet) 404/401 Wetlands 0.71 (acres) 0 63 (acres) Buffers — Zone 1* 18,243 square feet Site 13b 1,351 (square feet) Site 14 810 (square feet) Site 16 3,849 (square feet) Site 21 71 (square feet) Buffers — Zone 2* Site 13b 5,911 (square feet) Site 14 3,747 (square feet) Site 16 2,227 (square feet) Site 21 3,067 (square feet) *All other buffer impacts are "Utility, non - electric, perpendicular crossings of streams that disturb equal to or less than 40 linear feet of riparian buffer with a maintenance corridor equal to or less than 10 feet in width" and therefore considered an Exempt Activity per 15A NCAC 02B.0267(9). 2 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: Compensatory River and Sub -basin Mitigation Required Number Buffers Zone 1: 6081 ftz x 3:1 = Cape Fear 03030002 18,243 square feet City of Greensboro DWR# 14 -0540 401 /Buffer APPROVAL Page 3 of 4 3 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 4. The project shall comply,with,15A NCAC 02T 0301 and all other State, Federal and local seW& system IreguIations. 5. This authorization exempts the Permittee from meeting Condition #10 regarding perpendicular crossing requirements for Stream Crossing #16 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 8:00am 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 Greensboro DWR# 14 -0540 401 /Buffer APPROVAL Page 4 of 4 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 02B .0267 Please contact Sue Homewood at 336 - 771 -4964 or sue.homewood @ncdenr gov if you have any questions or concerns. Sincerely, rA .Yi.O►s.�r� W. Corey Basinger Regional Supervisor Water Quality Regional Operations Division of Water Resources Enclosures- GC 3890 / GC 3884 cc: David Hamilton, Arcadis (via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) Kelly Williams, EEP (via email) DWR WSRO 401 files DWR 401 & Buffer Permitting Unit Affl4ja Ag= NC®ENR 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, Melinda King of the City of Greensboro has permission as outlined below to fill or otherwise impact 6081 square feet of Zone 1 of Jordan Lake Riparian Buffer to construct the proposed Young's Mill Sewer Outfall Project which is located in Greensboro, in Guilford 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 -0540 SITE NAME Young's Mill Sewer Outfall Project LOCATION Greensboro, NC COUNTY Guilford 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 6081 square feet Zone 1 buffer 1 18,243 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 2R 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 ncwaterouality o g An Equal Opportumty�Affumahve Action Employer