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Home My WebLink About20210966 Ver 1_Buffer Approval Letter_20210908 DocuSign Envelope ID:7DE173F2-12A6-48AE-ABBO-DCD49748DCA9 --.0.SCATS q„` ird Mwv 20., P� S '1 ROY COOPER ' iJ 1,-- --: ELIZABETH S.BISER ''' =Secretary S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality September 8, 2021 Orange County NCDWR Project No. 20210966 NCDOT TIP Project C-5181 Jones Creek Greenway APPROVAL of Jordan Lake Water Supply Riparian Buffer Impacts with Additional Conditions for: NCDOT TIP Project C-5181 Bridge Construction and Culvert Extension Lake Hogan Farms Road in Orange County. Jones Creek in the Cape Fear(CPF03); Index No. 16-41-1-15-1-1; Water Supply V(WS-V) Dear Ms. Moon: You have our approval for the impacts listed below for the purpose described in your application dated August 26, 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 Minus Zone 1 Zone 1 Minus Zone 2 Zone 2 Zone 1 Buffer Wetlands Buffer Buffer Zone 2 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) 1—Bridge 4,435 4,435 6,722 6,722 - Crossing 2-Culvert 1,880 1,880 - - - - - Replacement Totals 6,315 - 6,315 - 6,722 - 6,722 Total Buffer Impact for Project: 13,037 square feet. D E�^, North onmom Quality I Wte !/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:7DE173F2-12A6-48AE-ABBO-DCD49748DCA9 The project shall be constructed in accordance with your application dated received on August 26, 2021. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4132 and 4135. This certification corresponds to the Nationwide Permit 3 and 14 issued by the Corps of Engineers. 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 will expire with the accompanying 404 permit. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams, shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks,adjacent to or upstream and down stream of the above structures.The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 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 D E - , North nmom Quality I o Wteerc !�/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:7DE173F2-12A6-48AE-ABBO-DCD49748DCA9 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 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: 9C9886312DCD474... . uaniei �mltn, uirector Division of Water Resources Cc: April Norton, US Army Corps of Engineers, Raleigh Field Office D E - , North nmom Quality I o Wteerc ! Department of Environmental Quality �/J/R 512 NorthCaroli SalisburyaDepart Street ent 1 1617 ofEnvir Mail n Serviceental Center RaleighDivisi n,Northofa CarolinarRsou 27699-1617es NORTH CAROLINA � 919.707.9000