HomeMy WebLinkAbout20200758.V2_U-6010_US 70 Intersection_Buffer Cert_10-24-22.pdfDocuSign Envelope ID: 0486519E-F9A1-42B9-AB31-4DE111C76E54
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
October 24, 2022
Alamance County
NCDWR Project No. 20200758. V2
NCDOT TIP Project: U-6010
US 70 Intersection Improvements
APPROVAL of Jordan Lake Water Supply Riparian Buffer Impacts with Additional Conditions
for:
NCDOT TIP Project U-6010, US 70 Intersection Improvements (South Church Street) at SR 1311
(University Drive) to west of SR 1309 (Westbrook Avenue), Burlington, Alamance County.
Ingle Branch in the Cape Fear (CPF02); Index No. 16-19.5-(2); Water Supply (WS-V, NSW)
Dear Mr. Archer:
You have our approval for the impacts listed below for the purpose described in your application dated
September 22, 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 Buffer
Zone 2 Buffer
Zone 1
Mitigation
Zone 2
Mitigation
Site
Impact
Required
Impact
Required
(sq ft)
(3:1 ratio)
(sq ft)
(1.S:1 ratio)
1— 2 at 7x7 RCBC Extensions
Road Crossing
9301
4523
2- 2 at 8x6 RCBC Extensions
Road Crossing
7378
3421
Totals
16,679
7,944
Total Buffer Impact for Project: 24,623 square feet.
DocuSign Envelope ID: 0486519E-F9A1-42B9-AB31-4DE111C76E54
The project shall be constructed in accordance with your application dated received on September 22,
2022. After reviewing your application, we have decided that these impacts are covered by General Water
Quality Certification Number 4135. This certification corresponds to the General Permit 50 issued by the
Corps of Engineers. 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. No other impacts are approved, including incidental impacts. [15A
NCAC 02H .0506(b)] The permittee shall report to DWR any noncompliance with, or any violation of,
stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
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.
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. 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.
NORTHCAROLINAD_E Q�I
pepartnmrt of E vlronmenUl pualfty
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
919.707.9000
DocuSign Envelope ID: 0486519E-F9A1-42B9-AB31-4DE111C76E54
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 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.
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,
E
DocuSigned by:
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9C9886312DCD474...
Richard E. Rogers, Director
Division of Water Resources
Cc:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, DOT Division 7 Environmental Officer
Beth Harmon, Division of Mitigation Services
DNorth Carolina Department of Environmental Quality I Division of Water Resources
EQ7> _ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
peparb—M of enmronmentai puai\ /� 919.707.9000