HomeMy WebLinkAbout20210553 Ver 1_U-5896_ High Point_Buffer Cert_11-2-21_20211102DocuSign Envelope ID: 1754DD9F-CFD5-4730-B7EF-823AE6717EAB
ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
November 2, 2021
Guilford County
NCDWR Project No. 20210553
NCDOT TIP Project U-5896
US 29-70/ I-85 and South Main Street
APPROVAL of Randleman Lake Water Supply Riparian Buffer Impacts with Additional Conditions
for:
NCDOT TIP Project U-5896 Re -Construction of US 29-70 Interchange near South Main Street
in Guilford County.
Richland Creek in the Cape Fear (CPF03); Index No. 17-7-(0.5); Water Supply (WS-IV)
Dear Mr. Harris:
You have our approval for the impacts listed below for the purpose described in your application dated
October 11, 2021, received by the Division of Water Resources. These impacts are covered by 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 Supply Watershed Riparian Buffer Rules are met. No other impacts are
approved, including incidental impacts. (15A NCAC 02B .0250).
Randleman Lake Water Supply Watershed Riparian Buffer Impacts
D_E
NORTH CAROLINA �
Pep,NmM of EnWmxnondl Quay
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: 1754DD9F-CFD5-4730-B7EF-823AE6717EAB
Site
Zone 1
Impact
(sgft)
minus
Wetlands
in Zone 1
(s q ft)
= Zone 1
Buffers (not
wetlands)
(s q ft)
Zone 1 Buffer
Mitigation
Required
(3 :1 ratio)
Zone 2
Impact
(sgft)
minus
Wetlands
in Zone 2
(s q ft)
= Zone 2
Buffers (not
wetlands)
(s q ft)
Zone 2
Buffer
1Viltiigatiion
Required
(1.5:1 ratio)
1A Parallel Impact
3445
3445
3445
3445
2166
2166
2166
1B Parallel Impact
3445
3445
329
329
329
1 C Parallel Impact
3883
3883
3883
2025
2025
2025
1 D Parallel Impact
6439
2488
3246
6439
2488
3246
6439
3246
1574
_ 0
621
1574
0
621
1574
621
1 D2 Road Crossing
lE Parallel Impact
2 Road Crossing
3 Parallel Impact
4 Parallel Impact
TOTAL
7941
7941
4596
4596
1437
1437
1437
2875
2875
2875
1292
1292
1292
901
901
901
33616
0
33616
23187
15087
_
0
15087
10491
* n/a = Total for Site is less than 1/3 acre and 300 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 85,298 square feet.
The project shall be constructed in accordance with your application dated received on October 11, 2021.
After reviewing your application, we have decided that these impacts are covered by General Water
Quality Certification Number 4135. This certification corresponds to the General Permit 20192350 issued
by the Corps of Engineers. This approval is also valid for the Randleman Lake Riparian Buffer Rules (15A
NCAC 2B.0250). 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 026 .0250).
/-QE
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
NORTH CARPI INA �\\
Deparbr. nt of Environmental Wal
DocuSign Envelope ID: 1754DD9F-CFD5-4730-B7EF-823AE6717EAB
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.
Special Conditions:
1. Richland Creek is class WS-IV; 303(d) waters of the State. Richland Creek is on the 303(d) list for
impaired use for aquatic life due to fecal coliform. The NCDWR is very concerned with sediment
and erosion impacts that could result from this project. The NCDWR recommends that the most
protective sediment and erosion control BMPs be implemented in accordance with Design
Standards in Sensitive Watersheds (15A NCAC 04B .0124) or comparable BMPs to reduce the risk
of further impairment to Richland Creek. Post -construction stormwater BMPs should be selected
and designed to the MEP, to reduce target POCs in the 303(d) list for the receiving waters.
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 .0250)
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 .0250)
3. Pursuant to 15A NCAC 2B .0250, sediment and erosion control devices shall not be placed in Zone
1 of any Randleman 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 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.
/-QE
NORTH CARPI INA
DeparManl of En i/01=mGI Oual /
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: 1754DD9F-CFD5-4730-B7EF-823AE6717EAB
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. 0250. Please contact Ryan Conchilla at
Ryan.Conchilla@ncdenr.gov if you have any questions or concerns.
Sincerely,
,-DocuSigned by:
0,-444. , 41410M,u,C
-9C9886312DCD474...
J. L/dl IICI 31111111, LJII ector
Division of Water Resources
Cc:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, DOT Division 7 Environmental Officer
Beth Harmon, Division of Mitigation Services
/-QE
NORTH CARPI INA
DeparManl of En i/01=mGI Oual "
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000