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