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HomeMy WebLinkAbout20201981 Ver 1_Buffer Approval Letter_20210215 DocuSign Envelope ID:2AD215BE-4A8B-40DB-B075-D6FE000C246E J= ,0 „SG47E� •k.L, ROY COOPER Governor -'� MICHAEL S.REGAN `' ,_ ��,�n rl':f a Secretary �` +"°� S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality February 16, 2021 DWR#20201981 Alamance County Mr.Jerry Parker, Environmental Officer Division 9, NCDOT 1584 Yanceyville Street Greensboro, NC 27415 APPROVAL of Jordan Lake Riparian Buffer Impacts with Additional Conditions for: NCDOT Durham Street Extension Bridge Replacement Project in Alamance County. Dry Creek in the Cape Fear River Basin(CPF04);Index No.16-13;Water Supply V(WS-V); Nutrient Sensitive Waters(NSW) Dear Mr. Parker: You have our approval for the impacts listed below for the purpose described in your application dated January 22, 2021, received by the Division of Water Resources. These impacts are covered by the Jordan Lake Riparian Buffer 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 Riparian Buffer Rules are met. No other impacts are approved, including incidental impacts. (15A NCAC 02B .0267) Jordan Lake Riparian Buffer Impacts Zone 1 Buffer Zone 2 Buffer Site Zone 1 Impact Mitigation Required Zone 2 Impact Mitigation Required (sq ft) (3:1 ratio) (sq ft) (1.5:1 ratio) Bridge 2,754 - I 136 - Road Crossing 541 - I 2,145 - Totals 3,295 - I 2,281 - Total Buffer Impact for Project:5,576 square feet. 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 026 .0267.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). D o) No of l QuaI I of WaterResources 512 NorthrthCaro SalinalisburyDepartment Street 1617 Mail Service Centerlity RaDivisionleigh,North Caro Resourlina 27699 1617 NOR fM%A,A(1;INA nepa.mam a�wme„netst anal I 919.707.9000 DocuSign Envelope ID:2AD215BE-4A8B-40DB-B075-D6FE000C246E NCDOT DWR#20201981 Buffer Authorization Certificate Page 2 of 3 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 .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 the purpose of 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 2B .0267, sediment and erosion control devices shall not be placed in Zone 1 of any Jordan Lake 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. 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 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 DocuSign Envelope ID:2AD215BE-4A8B-40DB-B075-D6FE000C246E NCDOT DWR#20201981 Buffer Authorization Certificate Page 3 of 3 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 02B. Please contact Dave Wanucha at 336-403-5655 or Dave.Wanucha@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: 9C9886312DCD474... Amy Chapman, Supervisor Transportation 401 & Buffer Permitting Branch Cc: David Bailey, US Army Corps of Engineers, Raleigh Field Office Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission File Copy