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HomeMy WebLinkAbout20210925_Tabernacle Church Road_Buffer Cert_8-11-22 DocuSign Envelope ID:659C511 F-EF05-4122-8236-96B82BA9EA6C ',c STATE vf rp o.vg O ROY COOPER A Governor ELIZABETH S.BISER Secretary *E�r QUAMWto* RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality August 11,2022 Guilford County NCDWR Project No. 20210925 NCDOT TIP Project SF-400584 Bridge 9400584 on Tabernacle Church Road APPROVAL of Jordan Lake Water Supply Riparian Buffer Impacts with Additional Conditions for: NCDOT TIP Project SF-400584 Re-Construction of Bridge#400584 on Tabernacle Church Road in Guilford County. Big Alamance Creek in the Cape Fear(CPF01); Index No. 16-19-(1); Water Supply(WS-IV, NSW) Dear Mr. Archer: You have our approval for the impacts listed below for the purpose described in your application dated June 30, 2022 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 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 Impact Zone 1 Buffer Zone 2 Zone 2 Buffer Site (sq ft) Impact(sq ft)Mitigation Required Mitigation Required (3:1 ratio) (1.5:1 ratio) 1- Bridge Impact 428 204 1- Bridge Impact 381 212 2- Bridge Impact 1718 1142 2- Bridge Impact 1333 765 Totals 3,860 2,323 Total Buffer Impact for Project: 6,183 square feet. DocuSign Envelope ID:659C511 F-EF05-4122-8236-96B82BA9EAK The project shall be constructed in accordance with your application dated received on June 23, 2022. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4132. This certification corresponds to the Nationwide Permit 3 (SAW 2019- 00875) issued by the Corps of Engineers on July 29, 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.g_ov 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. The stream in the project area is class WS-IV; NSW waters of the State. 4. The NCDWR is very concerned with sediment and erosion impacts that could result from this project. The NCDWR recommends that highly protective sediment and erosion control BMPs be implemented to reduce the risk of nutrient runoff to Big Alamance Creek. Post-construction stormwater BMPs should, to the MEP, be selected and designed to reduce nutrients. Projects within the Jordan or Falls Lake watersheds must implement NCDOT's GREEN Program. DE Q�� North Carolina Department of Environmental Quality I Division of Water Resources _ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 NORTH CAROLINA oepm eMof EommnmemM Quality /� 919.707.9000 DocuSign Envelope ID:659C511 F-EF05-4122-8236-96B82BA9EA6C 5. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting should be secured in place with staples,stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas, hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 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 150E 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: LVIA�PY1.fUf�. R@� 31I6g&s, Director Division of Water Resources Cc: David Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Parker, DOT Division 7 Environmental Officer Della Moore, Environmental Assistant Engineer, RK&K DE 11 North Carolina Department of Environmental Quality I Division of Water Resources _ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 NORTH CAROLINA oepm eMof EommnmemM Quality /� 919.707.9000