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HomeMy WebLinkAbout20210589 Ver 1_Buffer Approval Letter_20210609 DocuSign Envelope ID:32FB7B10-BD6A-45A5-9C45-D75E2789CFF4 > �c crATE 4,Zit\{,, s n; ROY COOPER "� _ I Governor i �� DIONNE DELL[-GATTI Q, Secretary `. ,0317 S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality June 9, 2021 DWR#20210589 Guilford County Mr.Jerry Parker NCDOT Division 7 DEO 1584 Yanceyville Street Greensboro, NC 27415 APPROVAL of Randleman Lake Water Supply Riparian Buffer Impacts with Additional Conditions for: NCDOT Bridge 52 Replacement on Scientific Street with a Culvert in a UT to Deep River in Guilford County. UT to Deep River in the Cape Fear(CPF08);Index No. 17-(3.3);Water Supply IV(WS-IV) Dear Mr. Parker: You have our approval for the impacts listed below for the purpose described in your application dated April 23, 2021, received by the Division of Water Resources. These impacts are covered by the Randleman Lake Water Supply Watershed Riparian Buffer Protection Rules and the Conditions listed below. 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. The following impacts are hereby approved, provided that, all the conditions listed below, and all the conditions of the Randleman Lake Water Supply Watershed Riparian Buffer Rules are met. No other impacts are approved, including incidental impacts. (15A NCAC 02B .0724) Randleman Lake Water Supply Watershed Riparian Buffer Impacts Zone 1 Zone Zone 1 Minus Zone 1 Buffer Zone 2 Minus Zone 2 guffe? Wetlands Buffer Wetlands Buffer Site Impact Mitigation Impact Mitigation (sq ft) in Zone 1 Impacts Required (sq ft) in Zone 2 Impacts Required (sq ft) (sq ft) (3:1 ratio) (sq ft) (sq ft) (1.5:1 ratio) 1 10,350 - 10,350 31,050 6,148 - 6,148 9,222 Culvert 2 3,111 - 3,111 - 581 - 581 - Outlet Protection 3 3,464 - 3,464 - 2,054 - 2,054 - Pipe Totals 116,925 I I 16,925 I 31,050 I I 8,783 I 1 8,783 1 9,222 Total Buffer Impact for Project: 25,708 square feet. D �,, Department En QnaEity I Resourc ®Jln 512 NorthNorthCarolina SalisburyDeartmeStreet of 1617 Mail Servicevironments!Center RaleighDivision,NorthofWater Carolina 27699-1617es NORTH CAROUNA D.P.emm or ammnmenlai WON 919.707.9000 DocuSign Envelope ID:32FB7B10-BD6A-45A5-9C45-D75E2789CFF4 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 this Authorization Certificate. If you change your project,you must notify the Division and you may be required to submit a new application package. If the property is sold,the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. 15A NCAC 02B .0611(b)(2).The permittee shall report any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules (15A NCAC 02B .0724). If you are unable to comply with any of the conditions below,you must notify Dave Wanucha with the Transportation Permitting Branch at dave.wanucha@ncdenr.gov or at (336) 403-5655 within 24 hours (or the next business day if a weekend or holiday)from the time the permittee becomes aware of the circumstances. Additional Conditions: 1. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this Certification. (15A NCAC 02B .0724) 2. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT maintenance activities including mowing.The area with non-maintained buffers shall be permanently revegetated with native woody species before the next growing season following completion of construction. (15A NCAC 02B .0724) 3. Pursuant to 15A NCAC 2B .0724, sediment and erosion control devices shall not be placed in Zone 1 of any Randleman Lake Water Supply Watershed Riparian Buffer without prior approval by NCDWR. At this time, NCDWR has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised, and that discharge is released as diffuse flow. 4. Compensatory mitigation for impacts to 10,350 square feet of protected riparian buffers in Zone 1 and 6,148 square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP). Mitigation for unavoidable impacts to Randleman Water Supply Watershed Riparian Buffers shall be provided in the Cape Fear River Basin and done in accordance with 15A NCAC .02B .0295.The DMS has indicated in a letter dated April 21, 2021 that they will assume responsibility for satisfying the compensatory mitigation requirements for the above-referenced project, in accordance with DMS's Mitigation Banking Instrument signed June 14, 2016. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of D_ ®E QDepartment Quailty I Resourc 512 NorthNorthCarolina SalisburyDeartmeStreet 1617of Mail ServiceEnvironments!Center RaleighDlveision,NorthofWater Carolina 27699-1617es NORTH CAROUNA Department of ammnmenlai Muddy 919.707.9000 DocuSign Envelope ID:32FB7B10-BD6A-45A5-9C45-D75E2789CFF4 Administrative Hearings (OAH) within sixty(60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This Authorization shall expire five(5)years from the date of this letter. This letter completes the review of the Division under the Randleman Lake Water Supply Watershed Riparian Buffer Protection Rules as described in 15A NCAC 02B. 0724. Please contact Dave Wanucha at 336-403-5655 or Dave.Wanucha@ncdenr.gov if you have any questions or concerns. Sincerely, LaDocuSigned by: .w...a, C Vice p►M,uC 9C9886312DCD474... S. Daniel Smith, Director Division of Water Resources Cc: David Bailey, US Army Corps of Engineers, Raleigh Field Office Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Beth Harmon, DMS File Copy D — Department En QnaEity I >r Resourc ®Jln 512 NorthNorthCarolina SalisburyDeartmeStreet of 1617 Mail Servicevironments!Center RaleighDiision,NorthofWater Carolina 27699-1617es NORTH CAROUNA Department orammnmenlai Muddy 919.707.9000