HomeMy WebLinkAbout20240318 Ver 1_Buffer Approval_20240502ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
City of High Point
Attn: Melinda King
NORTH CAROLINA
Environmental Quutity
May 2, 2024
DWR #20240318
Guilford County
211 South Hamilton Street, Suite 206
High Point, NC 27261
Subject: APPROVAL of RANDLEMAN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Hamilton Avenue Stormwater and Utility Upgrades
Dear Ms. King:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) March 4, 2024. These impacts are covered by the
Randleman Buffer Rules and the conditions) listed below. This Buffer Authorization does not relieve
the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before
proceeding with the project, including those required by, but not limited to, Sediment and Erosion
Control, Non -Discharge, Water Supply Watershed, and/or Stormwater regulations.
The following impacts are hereby approved, provided that all of the condition(s) listed below, and all of
the conditions of the Randleman Buffer Rules are met. No other impacts are approved, including
incidental impacts [15A NCAC 02B .0724].
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Buffers — Zone 1
Stream Restoration /Bank
2,804 (square feet)
290 (square feet)
Stabilization
Buffers — Zone 2
Stream Restoration /Bank
0 (square feet)
1,053 (square feet)
Stabilization
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)].
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
Moan caaouNn 336.776.9800
Hamilton Avenue Stormwater and Utility Upgrades
DWR #20240318
Buffer Authorization Certificate
Page 2 of 3
If you are unable to comply with the condition(s) below, you must notify the Winston-Salem Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Winston-Salem Regional Office any noncompliance with the conditions
of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B .0724]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances.
Additional Conditions:
1. The plans provided along with the application depict grading activities within Zone 2 of the
protected buffer. This activity is designated as "exempt" under the Buffer Rule, provided that
fill is not placed in Zone 1, stormwater flow is maintained as per the Buffer Rule, the disturbed
areas are stabilized and revegetated, and the health of the existing vegetation in Zone 1 is not
compromised.
This approval and its conditions are final and binding unless contested (G.S. 143-215.5). Upon the
presentation of proper credentials, the Division may inspect the property.
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 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
Authorization Certificate in accordance with N.C.G.S 15013-23(a).
This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor
does it create any prescriptive right or any right of priority regarding any usage of water. This
Authorization Certificate shall not be interposed as a defense in any action respecting the determination
of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this
Authorization Certificate to possess any prescriptive or other right of priority with respect to any other
consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was
initiated or expanded.
D E Q�� North Carolina Department ofEnvironmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NOR1H CARou Na 336.776.9800
n.o .m me.a...m..�o..i� /"f
Hamilton Avenue Stormwater and Utility Upgrades
DWR #20240318
Buffer Authorization Certificate
Page 3 of 3
This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR
#20240318 expires.
This letter completes the Division's review under the Randleman Riparian Buffer Rules as described in 15A
NCAC 15A NCAC 02B .0724. Please contact Seren Homer at 336-776-9698 or seren.homer@deq.nc.gov if
you have any questions or concerns.
Sincerely,
DocuSigned by:
OD2D3CE3F161416...
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Electronic cc: Jason Steele, Freese and Nichols, Inc.
Laura Meyer, USACE Raleigh Regulatory Field Office
Olivia Munzer, NC Wildlife Resources Commission
Trevor Spencer, City of High Point Engineering & Facilities Director
DWR 401 & Buffer Permitting Branch Electronic File
D � ��� North Carolina Department ofEnvironmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CARou Na 336.776.9800
n.o .m me.a...m..�o..i� /"f