HomeMy WebLinkAbout20140395 Ver 3_Approval Letter_20160125Water Resources
ENVIRONMENTAL QUALITY
January 25, 2016
City of Burlington
Attn: Frank Hope, Interim City Manager
425 S. Lexington Ave
Burlington NC 27215
PAT MCCRORY
(governor
DONALD R. VAN DER VAART
sedrerirrp
S. JAY ZIMMERMAN
Director
DWR # 14-0394 v3
Alamance County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Haw River Interceptor Phase 2B & 2C
Dear Mr. Hope:
You have our approval for the impacts listed below for the purpose described in your application dated
January 8, 2016, received by the Division of Water Resources (Division) January 12, 2016. These impacts
are covered by the attached Water Quality General Certification Number 3884 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 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 are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Stream
Site S1
26 (linear feet of
0 (linear feet)
streambank stabilization)
Site S2
26 (linear feet of
0 (linear feet)
streambank stabilization)
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-9800 \ FAX: 336-776-97971 Customer Service 1-877-623-6748
Internet: www.ncdenr.gov- www.ncwater.org
City of Burlington
DW R# 14-0394 v3
401 APPROVAL
Page 2 of 3
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. 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 02H .0507(d)(2)]
3. No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and
activities designated as "exempt" within 15A NCAC 02B .0267), unless otherwise
approved by the Division. [15A NCAC 02B .0267(4)(a)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification 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:
1f 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
Sam Hayes, 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. Please contact
Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov if you have any questions or concerns.
City of Burlington
DWR# 14-0394 v3
401 APPROVAL
Page 3 of 3
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 3884
cc: Josh Johnson, AWCK Inc. (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file