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Home My WebLink About20140351 Ver 2_Approval Letter_20150129Pat McCrory Governor 4 PA NCD NR North Carolina Department of Environment-and Natural Resources January 29, 2015 City of Greensboro Attn: Steven Drew, Water Resources Director PO Box 3136 Greensboro NC 27402 Donald R. van der Vaart Secretary DWR # 14- 0351v2 Guilford County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS APPROVAL of Jordan Lake RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS T.Z. Osborne Water Reclamation Facility Expansion — Package 2 Dear Mr. Drew: You have our approval for the impacts listed below for the purpose described in your application dated December 22, 2014, received by the Division of Water Resources (Division) December 30, 2014, with subsequent information on January 23, 2015, January 27, 2015 and January 29, 2015. These impacts are covered by the attached Water Quality General Certification Number 3890 and Jordan Lake Buffer Rules and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 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 certification (s) or general permit and the following additional conditions: Winston -Salem Regional Office Location 450 W Hanes Mill Rd, Suite 300 Winston- Salem, North Carolina 27105 Phone 336- 776 -98001 FAX 336 - 776 -97971 Customer Service 1-877- 623 -6748 Intemet http / /portal ncdenr org /web /wq /ws An Equal Opportunity 1 Affirmat ve Action Employer City of Greensboro D W R #14- 0351v2 401/ Buffer APPROVAL Page 2 of 4 1. 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. [15A NCAC 02B .0506(b)(c)] and 15A NCAC 02B .0267(8)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands 0.079 (acres) 0.029 (acres) Buffers —Zone 1 1540 (square feet) 6836 (square feet) Buffers —Zone 2 1882 (square feet) 2587 (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 /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. [15A NCAC 02B .0507(d)(2)] 3. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Bass Mountain Mitigation Bank to meet this mitigation requirement. Until the Bass Mountain Mitigation Bank 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 Bass Mountain Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Required Buffers 7643 (square feet) River & Sub -basin Number Cape Fear 03030002 Haw River sub - watershed City of Greensboro D W R #14- 0351v2 401/ Buffer APPROVAL Page 3 of 4 4. The Division approves the grading and drainage patterns depicted on plan sheets submitted with the application as meeting state requirements for diffuse flow and realigned existing stormwater conveyances as defined in 15A NCAC 02B .0267(8) and (9). The plans are incorporated by reference and are enforceable by the Division. Additional drainage swales that are not shown on the plans may not be added in the future without appropriate diffuse flow devices and approval from the Division. [15A NCAC 02H .0506(b) (5)] This approval and its'conditioris"`are final and binding unless contested. [G.S. 143 - 215.51 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: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 City of Greensboro DWR #14- 0351v2 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 Lake Riparian Buffer Rules as described in 15A NCAC .0267. Please contact Sue Homewood at 336 - 776 -9693 or sue.homewood @ncdenr.gov if you have any questions or E concerns. ! Sincerely, W. Corey Basinger Regional Supervisor Water Quality Regional Operations Division of Water Resources Enclosures: GC 3890 cc: Linda Diebolt / Aaron Babson, Hazen & Sawyer (via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) Tiffani Bylow, Restoration Systems (via, email) DWR WSRO 401 files DWR 401 & Buffer Permitting Unit i