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HomeMy WebLinkAbout20210816 Ver 1_Local Government Buffer Approval_20220919Planning & Development Development Services Division NORTH CAROLINA'S IN 1 ERNATIONAL CITY' Surface Water Buffer Authorization Certificate September 19, 2022 Bradley S. Luckey, PWS Senior Project Manager Pilot Environmental, Inc. PO Box 128 Kernersville, NC 27285 Re: Surface Water Buffer Authorization Certificate Request for PNK perpendicular driveway impact (Record ID# SP-22-0032) Dear Mr. Luckey: In accordance with the State of North Carolina's Rule I5A NCAC 02B.0724 and the City of High Point's Watershed Protection Ordinance, any applicant that intends to disturb Zone 1, Zone 2, and/or Zone 3 of the surface water buffer must show that there is "No Practical Alternative" than to impact the surface water buffer. The applicant submitted a "No Practical Alternative" on July 6, 2022 stating that the surface water buffer disturbances in Zone 1 and Zone 2 were necessary for perpendicular driveway construction. The applicant further submitted NC DEQ Individual 401 Water Quality Certification and USACE Section 404 General Permit on August 4, 2022. The City of High Point Watershed Review Committee determined that the total permanent impact of approximately 21,601 SF (Zone 1 & 2) for the perpendicular driveway crossing was necessary and that the project meets the following criteria of Section 6.2.9.C.10.(a) of the city's Watershed Protection Ordinance: (I) The basic project purpose cannot be practically accomplished in a manner that would avoid or better minimize disturbance, preserve aquatic life and habitat and protect water quality; (2) The use cannot practically be reduced in size or density, reconfigured or redesigned to better minimize disturbance, preserve aquatic life and habitat and protect water quality; and (3) Stormwater control measures shall be used to minimize disturbance, preserve aquatic life and habitat and protect water quality. City of High Point, P.O. 230, 211 South Hamilton Street, High Point, NC 27261 USA Phone: 336.883.3328 www.buildhighpoint.com www.highpointnc.gov/plan The surface water buffer impacts in square footage for the PNK perpendicular driveway crossing are indicated as follows: Development/Activity Zone 1 Impacts (SF) Zone 2 Impacts (SF) Zone 2 Additional Impacts (SF) Perpendicular Road/Driveway Crossing 11,803 5,300 4,498 SF Total: 21,601 SF The driveway crossing has permanent impacts greater than one-third of an acre of a riparian buffer, which requires mitigation upon authorization. The applicant has provided correspondence from NCDEQ-DMS and the Environmental Banc & Exchange (EBX) Buffer Mitigation Bank confirming that mitigation credits have been applied for and appropriate credits are available to satisfy the mitigation proposal. After receiving a mitigation acceptance letter from the compensatory buffer mitigation bank, proof of payment for the credits shall be provided to the City of High Point prior to any activity that results in the removal or degradation of the protected riparian buffer. Payment shall conform to the requirements of G.S. 143- 214.20. This approval is valid only for the purpose and design that was described in the Authorization Certificate request letter and attached plans. If any modifications are made to the project, a written notification describing the changes must be submitted to the City of High Point Planning & Development Department. If the property is sold, the new owner must be given a copy of the certification and approval letter and is thereby responsible for complying with all conditions. This letter completes the review of the Surface Water Buffer Authorization Certificate request by the City of High Point Watershed Review Committee. If you have any questions, please contact Sam Hinnant at 336-883-3335. Respectfully, Samuel G. Hinnant, MPA, CZO, CFM Senior Planner Planning & Development Department City of High Point CC: Sue Homewood, NCDEQ-DWR (via email) David Bailey, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email) Trevor Spencer, City of High Point, Engineering Services Department (via email) Scott Ford, City of High Point, Engineering Services Department (via email)