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HomeMy WebLinkAbout20151065 Ver 2_Approval Letter_20220908DocuSign Envelope ID: E890740C-92C9-47A6-BD39-EDE4FCDB2FF2 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Mr. W. R. Archer, PE Unit Head NCDOT, Division 7 Environmental Analysis Unit 1598 Mail Service Center Raleigh, NC 27699-1598 NORTH CAROLINA Environmental Quality September 8, 2022 Guilford County NCDWR Project No. 20151065 v2 NCDOT STIP Project: HE-0005 WBS No. 50338.1.1 USACE SAW 2022-00680 Subject: APPROVAL of Jordan Lake Water Supply Riparian Buffer Impacts with Additional Conditions for: Proposed Boom Roadway and Connectivity Project at Piedmont Triad International (PTI) Airport UT to Brush Creek in the Cape Fear (CF02); Index No. 16-11-4-(1) Water Supply III, NSW Dear Mr. Archer: You have our approval for the impacts listed below for the purpose described in your buffer authorization application dated August 31, 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 Water Supply Watershed Riparian Buffer Rules are met. No other impacts are approved, including incidental impacts. (15A NCAC 026.0267). Jordan Lake Water Supply Watershed Riparian Buffer Impacts Site Zone 1 Impact (sq ft) Zone 1 Buffer Mitigation Required (3:1 ratio) Zone 2 Impact (sq ft) Zone 2 Buffer Mitigation Required (1.5:1 ratio) 1- Allowable Road Crossing 54' RCP Outlet Extension 2,566 3,290 ' Totals 2,566 3,290 * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project: 5,856 square feet. DocuSign Envelope ID: E890740C-92C9-47A6-BD39-EDE4FCDB2FF2 The project shall be constructed in accordance with your application dated received on August 31, 2022 and the application attachments provided via email on August 30, 2022. This approval is 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. Impacts authorized by this approval are considered part of the PTIA Crossfield Taxiway Development project previously authorized by the Division under 401 Certification No. WQC004053 issued March 8, 2016 (DWR Project #20151065). 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. Conditions of Certification: 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 26.0267, 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. There are streams in the project area which are class WS-III; NSW waters of the State. DocuSign Envelope ID: E890740C-92C9-47A6-BD39-EDE4FCDB2FF2 4. 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. 5. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. 6. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. 7. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification 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. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). DocuSign Envelope ID: E890740C-92C9-47A6-BD39-EDE4FCDB2FF2 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 Riparian Buffer Rules as described in 15A NCAC 02B.0267. Please contact Ryan Conchilla at 919-710-6516 or ryan.conchilla@ncdenr.gov if you have any questions or concerns. Sincerely, L�DocclulSiigned by: 9C9886312DCD474_. Richard E. Rogers, Jr. Director Division of Water Resources Electronic copy only distribution: Alex Rosser, Piedmont Triad Airport Authority David Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Parker, DOT Division 7 Environmental Officer Brian Ketner, DOT Division 7 Project Engineer James Mason, Nancy Oberle, Three Oaks (via email) DWR Transportation 401 & Buffer Permitting Branch electronic file Filename: 20151065v2_Proposed Boom Roadway Access and Connectivity Project.doc