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