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HomeMy WebLinkAbout20170939 Ver 1_Approval Letter_20171117November 17, 2017 City of Burlington Attn: Bob Patterson 425 S. Lexington Ave Burlington, NC 27215 ROY COOPER (,overnor MICHAEL S. REGAN Secrettvy LINDA CULPEPPER hilerim Director DWR # 20170939 Forsyth County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS APPROVAL of Jordan Lake RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Willowbrook Park Dear Mr. Patterson: You have our approval for the impacts listed below for the purpose described in your application dated July 14, 2017, received by the Division of Water Resources (Division) July 26, 2017, with subsequent information on October 2, 2017 and November 1, 2017. These impacts are covered by the attached Water Quality General Certification Number 4087 and Jordan Buffer Rules and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 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: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Jordan Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] and 15A NCAC 02B .0267(8)] Type of Impact Amount Approved (units) Permanent Stream Brown Branch 3,414 (linear feet) Buffers — Zone 1 Walkways and Bridges 22,476 (square feet) Planting Beds 2,085 (square feet) Re -vegetation 163,158 (square feet) Buffers — Zone 2 Walkways and Bridges 20,439 (square feet) Stormwater BMP 184 (square feet) Planting Beds 1,614 (square feet) Planting Beds 72,230 (square feet) State of North Carolina I Environmental Quality 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone; 336-776-98001 FAX; 336-776-9797 City of Burlington DWR# 20170939 401/Buffer 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/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 02H .0507(d)(2)] 3. The designer or their designee shall supervise the stream restoration, specifically the installation of all in -stream measures and stream realignment decisions. [15A NCAC 02H .0506(b)(2)] 4. Native vegetation shall be used throughout this project. All tree and shrub plantings within the proposed planting buffer on both sides of the stream shall be protected from mowing or clearing. [15A NCAC 02H .0506(b)(2)] 5. Stream bed habitat material, such as cobble and gravel, should be harvested from abandoned channels and relocated to new channels to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)] 6. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Winston Salem Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 7. Prior to commencement of construction activities, the Permittee shall submit their long term vegetation maintenance plan for Willowbrook Park to the Division for review. The vegetation maintenance plan should include detailed directives for all planted vegetation and for native tree species which establish within the Zone 1 buffer area. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification/Authorization can be contested as provided in Articles 3 and 4 of General Statute 1508 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. City of Burlington DWR# 20170939 401/Buffer APPROVAL Page 3 of 3 Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 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- 776-9693 or sue. homewood(a)-ncdenr.gov if you have any questions or concerns. Sincerely, Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ — WSRO Enclosures: GC 4087 cc: Emmett Perdue, P.E., Ecosystem Planning and Restoration.(via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file