Loading...
HomeMy WebLinkAbout20180957 Ver 3_Buffer Approval Letter_20221018DocuSign Envelope ID: 400A9FAC-61 CE-4816-99C3-394C955DC21D8 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality October 18, 2022 DWR # 20180957v3 Guilford County City of Greensboro Attn: Mr. Jason Geary 300 W. Washington St Greensboro NC 27402 Delivered via email to: Jason.geary@greensboro-nc.gov Subject: APPROVAL of JORDAN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Downtown Greenway Phase 4 and College Branch Enhancement Dear Mr. Geary: You have our approval for the impacts listed below for the purpose described in your application dated received by the Division of Water Resources (Division) September 1, 2022. These impacts are covered by the Jordan Lake Buffer Rules and the conditions listed below. This Authorization Certificate replaces the Authorization Certification issued on February 14, 2022. This Buffer Authorization does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and/or Stormwater regulations. The following impacts are hereby approved, provided that all of the Conditions listed below, and all of the conditions of the Jordan Lake Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0267(11) Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers —Zone 1 Impact Site 1: Greenway 12,098 (square feet) 4,980 (square feet) Impact Site 1: Stream restoration 12,774 (square feet) 0 (square feet) Impact Site 2: Greenway 9,659 (square feet) 18,797 (square feet) Impact Site 2: Stream restoration 3,864 (square feet) 0 (square feet) Impact Site 3: Greenway 8,940 (square feet) 15,166 (square feet) D � ��� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CARou Na 336.776.9800 DocuSign Envelope ID: 400A9FAC-61 CE-4816-99C3-394C955DC21D8 City of Greensboro DWR# 20180957v3 Buffer Authorization Certificate Page 2 of 4 Impact Site 3: Utility 2,754 (square feet) 0 (square feet) Impact Site 3: Stream restoration 4,964 (square feet) 0 (square feet) Impact Site 4: Greenway 10,594 (square feet) 5,605 (square feet) Impact Site 4: Utility 1,401 (square feet) 0 (square feet) Impact Site 4: Stream restoration 904 (square feet) 0 (square feet) Impact Site 5: Greenway 15,151 (square feet) 3,339 (square feet) Impact Site 6: Greenway 10,412 (square feet) 1,634 (square feet) Impact Site 7: Greenway 5,613 (square feet) 1,840 (square feet) Buffers — Zone 2 Impact Site 1: Greenway 7,294 (square feet) 1,800 (square feet) Impact Site 2: Greenway 12,032 (square feet) 2,513 (square feet) Impact Site 3: Greenway 5,618 (square feet) 11,746 (square feet) Impact Site 3: Utility 578 (square feet) 0 (square feet) Impact Site 4: Greenway 4,146 (square feet) 2,835 (square feet) Impact Site 4: Utility 1,017 (square feet) 0 (square feet) Impact Site 5: Greenway 6,035 (square feet) 3,989 (square feet) Impact Site 6: Greenway 1,072 (square feet) 1,816 (square feet) Impact Site 7: Greenway 4,268 (square feet) 735 (square feet) 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 .0267(11). If you are unable to comply with any of the conditions below, you must notify the Winston Salem Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Winston Salem Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B .0267. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. Additional Conditions: 1. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received a receipt from the RES Cloud & Banner Buffer Mitigation Bank to meet this mitigation requirement. [15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)] Compensatory Mitigation Required River and Sub -basin Number Buffer 12,465 square feet t Cape Fear — Haw River Arm 03030002 North Carolina Department of Environmental Quality I Division of Water Resources D � Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NoalHCaaD_NA 336.776.9800 DocuSign Envelope ID: 400A9FAC-61 CE-4816-99C3-394C955DC21D8 City of Greensboro DWR# 20180957v3 Buffer Authorization Certificate Page 3 of 4 This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the presentation of proper credentials, the Division may inspect the property. 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. 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 Authorization Certificate in accordance with N.C.G.S 15013-23(a). This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create any prescriptive right or any right of priority regarding any usage of water. This Authorization Certificate shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Authorization Certificate to possess any prescriptive or other right of priority with respect to any other consumptive user. This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR#20180957v3 expires. This letter completes the Division's review under the Jordan Lake Riparian Buffer Rules as described in 15A NCAC 02B .0267. Please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any questions or concerns. North Carolina Department of Environmental Quality I Division of Water Resources D ��� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NOR1H CARou Na 336.776.9800 DocuSign Envelope ID: 400A9FAC-61 CE-4816-99C3-394C955DC21D8 City of Greensboro DWR# 20180957v3 Buffer Authorization Certificate Electronic cc: Page 4 of 4 Sincerely, D�ocuSiiggned 1by, L�ln. �JM0.CS' 1_.49E225C94EA... Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Emma Radford, Kimley-Horn David Bailey, USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch electronic file North Carolina Department of Environmental Quality I Division of Water Resources D ��� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CAROL Na i 336.776.9800