HomeMy WebLinkAbout20210404 Ver 1_Buffer Approval Letter_20210419 DocuSign Envelope ID:76B40C68-554F-403A-B6EF-7317EDBC4A10
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DIONNE DELL[-GATTI Q.
Secretary `. ,0317
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
April 19, 2021
DWR#20210404
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 67 Replacement on Deep River Road in Guilford County.
West Fork Deep River in the Cape Fear(CPF08);Index No. 17-3-(1.5);Water Supply V(WS-IV);
Critical Supply Watershed
Dear Mr. Parker:
You have our approval for the impacts listed below for the purpose described in your application dated
March 26, 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 2
Zone 1 Minus Zone 1 Buffer Zone 2 Minus Zone 2 Buffer
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)
Bridge 2,693 116 2,577 - 1,361 6 1,355 -
Bridge 3,934 - 3,934 - 1,824 - 1,824 -
Road Crossing - - - - 135 - 135 -
Road Crossing 6,207 - 6,207 18,621 6,783 - 6,783 10,175
(Parallel Impacts)
Totals 112,834 I 116 I 12,718 I 18,621 10,103 I 6 1 10,097 1 10,175
Total Buffer Impact for Project: 22,937 square feet.
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DocuSign Envelope ID:76B40C68-554F-403A-B6EF-7317EDBC4A10
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 6,207 square feet of protected riparian buffers in Zone
1 and 6,783 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 15, 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_ ® NorthE Q onpnt Quailty I Resourc 512 NorthCar SalisburyliaDeartmeStreet 1617of Mail ServiceEnvironments!Center RaleighDlveision,NorthofWater Carolina 27699-1617es
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Department of ammnmenlai Muddy 919.707.9000
DocuSign Envelope ID:76B40C68-554F-403A-B6EF-7317EDBC4A10
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,
DocuSigned by:
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
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®Jln North 512 NorthCar SalisburyliaDeartmeStreet of 1617 Mail Servicevironments!Center RaleighDiision,NorthofWater Carolina 27699-1617es
NORTH CAROUNA
Department of ammnmenlai Muddy 919.707.9000