HomeMy WebLinkAbout20151065 Ver 2_20151065_BOOM- PTI_Guilford- Buffer Authorization_9-8-22_20220908DocuSign Envelope ID: E890740C-92C9-47A6-BD39-EDE4FCDB2FF2
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. W. R. Archer, PE Unit Head
NCDOT, Division 7
Environmental Analysis Unit
1598 Mail Service Center
Raleigh, NC 27699-1598
NORTH CAROLINA
Environmental Quality
September 8, 2022
Guilford County
NCDWR Project No. 20151065 v2
NCDOT STIP Project: HE-0005
WBS No. 50338.1.1
USACE SAW 2022-00680
Subject: APPROVAL of Jordan Lake Water Supply Riparian Buffer Impacts
with Additional Conditions
for:
Proposed Boom Roadway and Connectivity Project at Piedmont Triad International (PTI) Airport
UT to Brush Creek in the Cape Fear (CF02); Index No. 16-11-4-(1) Water Supply III, NSW
Dear Mr. Archer:
You have our approval for the impacts listed below for the purpose described in your buffer authorization
application dated August 31, 2022, received by the Division of Water Resources. These impacts are
covered by Jordan 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 Jordan Lake Water Supply Watershed Riparian Buffer Rules are met. No other impacts
are approved, including incidental impacts. (15A NCAC 026.0267).
Jordan Lake Water Supply Watershed Riparian Buffer Impacts
Site
Zone 1
Impact
(sq ft)
Zone 1 Buffer
Mitigation
Required
(3:1 ratio)
Zone 2
Impact
(sq ft)
Zone 2 Buffer
Mitigation
Required
(1.5:1 ratio)
1- Allowable Road Crossing
54' RCP Outlet Extension
2,566
3,290
'
Totals
2,566
3,290
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 5,856 square feet.
DocuSign Envelope ID: E890740C-92C9-47A6-BD39-EDE4FCDB2FF2
The project shall be constructed in accordance with your application dated received on August 31, 2022
and the application attachments provided via email on August 30, 2022. This approval is valid for the
Jordan Lake Riparian Buffer Rules (15A NCAC 2B.0267). In addition, you should acquire any other federal,
state or local permits before you proceed with your project including (but not limited to) Sediment and
Erosion Control, Non -Discharge and Water Supply Watershed regulations. Impacts authorized by this
approval are considered part of the PTIA Crossfield Taxiway Development project previously authorized
by the Division under 401 Certification No. WQC004053 issued March 8, 2016 (DWR Project #20151065).
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.0267).
If you are unable to comply with any of the conditions below, you must notify Ryan Conchilla with the
Transportation Permitting Branch at Ryan.Conchilla@ncdenr.gov within 24 hours (or the next business
day if a weekend or holiday) from the time the permittee becomes aware of the circumstances.
Conditions of Certification:
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.0267).
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.0267).
3. Pursuant to 15A NCAC 26.0267, sediment and erosion control devices shall not be placed in Zone 1 of
any Jordan 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. There are streams in the project area which are class WS-III; NSW waters of the State.
DocuSign Envelope ID: E890740C-92C9-47A6-BD39-EDE4FCDB2FF2
4. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be
used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and
on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the
area is contained by perimeter erosion control devices such as silt fence, temporary sediment ditches,
basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of
native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which
can impinge and entrap small animals. For the establishment of temporary groundcover within riparian
areas, hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer- and
limestone -free tank is allowable at the appropriate rate in conjunction with the erosion control
measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in
prohibited.
5. The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods.
6. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity.
All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank
contours are restored and maintained. Placement of riprap or other approved materials shall not result
in de -stabilization of the stream bed or banks upstream or downstream of the area.
7. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave
action, current action, or stream flows and consist of clean rock or masonry material free of debris or
toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for
velocity control and to ensure integrity of bank stabilization measures.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification 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 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.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
DocuSign Envelope ID: E890740C-92C9-47A6-BD39-EDE4FCDB2FF2
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the Division under the Jordan Lake Riparian Buffer Rules as described
in 15A NCAC 026.0267. Please contact Ryan Conchilla at 919-710-6516 or ryan.conchilla@ncdenr.gov if
you have any questions or concerns.
Sincerely,
L
nDocuSigned by:
9C9886312DCD474_.
Richard E. Rogers, Jr. Director
Division of Water Resources
Electronic copy only distribution:
Alex Rosser, Piedmont Triad Airport Authority
David Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, DOT Division 7 Environmental Officer
Brian Ketner, DOT Division 7 Project Engineer
James Mason, Nancy Oberle, Three Oaks (via email)
DWR Transportation 401 & Buffer Permitting Branch electronic file
Filename: 20151065v2_Proposed Boom Roadway Access and Connectivity Project.doc