HomeMy WebLinkAbout20211197 Ver 1_Approval Letter_20210908 DocuSign Envelope ID:7A9BC37A-09C2-4377-AF12-5462DB32E027
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ROY COOPER ti'g - ,, 9
Governor i 'il
ELIZABETH S.BISER % -`
Secretary ; =
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
September 8, 2021
Guildford County
NCDWR Project No. 20211197
New Garden Road Sidewalk Extension
APPROVAL of Jordan Lake Water Supply Riparian Buffer Impacts with Additional Conditions
for:
New Garden Road Sidewalk Extension
New Garden Road in Guilford County
Horsepen Creek in the Cape Fear(CPF03); Index No. 16-11-5-(2); Water Supply III (NSW, CA)
Dear Mr. Idowu:
You have our approval for the impacts listed below for the purpose described in your application dated
September 1, 2021, 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 02B .0267)
Jordan 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 Mitigation
Site Impact Mitigation Impact
(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)
1—Sidewalk 4,352 - 4,352 - 325 - 325 -
Construction
Totals 4,352 - 4,352 - 325 - 325 -
Total Buffer Impact for Project: 4,677 square feet.
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!/J/� 512 NorthCar SalisburyliaDepart Street
ent 1617 ofEnvir Mail n Serviceental Center RaleighDivision,Northofa
Carolina erR sources 27699-1617
NORTH CAROLINA
Department of Environmental Quail � 919.707.9000
DocuSign Envelope ID:7A9BC37A-09C2-4377-AF12-5462DB32E027
The project shall be constructed in accordance with your application dated received on September 1,
2021. This approval is also 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.
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.
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 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 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.
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 150E 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.
D
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!�/J/R 512 NorthCaroli SalisburyaDepart Street
ent 1 1617 ofEnvir Mail n Serviceental Center RaleighDivisi n,Northofa
CarolinarRsou
27699-1617es
NORTH CAROLINA
Department of Environmental Quail � 919.707.9000
DocuSign Envelope ID:7A9BC37A-09C2-4377-AF12-5462DB32E027
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 Jordan Lake Water Supply Watershed Riparian
Buffer Protection Rules as described in 15A NCAC 02B. 0267. Please contact Ryan Conchilla at
Ryan.Conchilla@ncdenr.gov if you have any questions or concerns.
Sincerely,
DocuSigned by:
awl C-Vcepetko-n,
9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
D
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!�/J/R 512 NorthCaroli SalisburyaDepart Street
ent 1 1617 ofEnvir Mail n Serviceental Center RaleighDivisi n,Northofa
CarolinarRsou
27699-1617es
NORTH CAROLINA
Department of Environmental Quail � 919.707.9000