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HomeMy WebLinkAbout20210522 Ver 1_Approval Letter_20210314ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality March 15, 2021 DWR # 20210522 Guilford County City of High Point Attn: Mr. Phillip Lee Tillery PO Box 230 High Point NC 27261 Delivered via email to: lee.tillery@highpointnc.gov Subject: APPROVAL of RANDLEMAN LAKE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS City Lake Park Greenway Dear Mr. Tillery: You have our approval for the impacts listed below for the purpose described in your application dated and received by the Division of Water Resources (Division) March 5, 2021. These impacts are covered by the Randleman Lake 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) Clean Water Act Section 404 and/or 401 Authorizations, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The following impacts are hereby approved, provided that all of the Conditions listed below and all of the conditions of the Randleman Lake Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers —Zone 1 Site 1 1486 (square feet) 0 (square feet) Site 2 823 (square feet) 0 (square feet) Buffers — Zone 2 Site 1 1866 (square feet) 0 (square feet) Site 2 1866 (square feet) 0 (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 02B .0611(b)(2)] D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CA OUNA opa:nm­f aua\ r 336.776.9800 City of High Point DWR# 20210522 Buffer Authorization Certificate Page 2 of 3 If you are unable to comply with any of the conditions below, you must notify the Randleman Lake 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 Randleman Lake 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. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 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 maybe 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 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. This Authorization shall expire five (5) years from the date of this letter. City of High Point DWR# 20210522 Buffer Authorization Certificate Page 3 of 3 This letter completes the Division's review under the Randleman Lake Riparian Buffer Rules as described in 15A NCAC 02B .0724. Please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: � %�omeu.00d 456E D631098F411... for Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO cc: Heaven Manning, McAdams (via email) DWR 401 & Buffer Permitting Branch electronic file