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HomeMy WebLinkAbout20210195.V2_W. Friendly Ave_Buffer Cert_6-2-23DocuSign Envelope ID: DA728EOA-D756-4BOE-8E45-OC48C663DA42 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality June 2, 2023 Guilford County NCDWR Project No. 20210195.V2 Culvert extension on W. Friendly Avenue (SR2147). NCDOT TIP U-5841 APPROVAL of Jordan Lake Water Supply Riparian Buffer Impacts with Additional Conditions for: NCDOT — Culvert extension in North Buffalo Creek on W. Friendly Avenue (SR2147) North Buffalo Creek (CPF02); Index No. 16-11-14-1 Water Supply (WS-V) Dear Mr. Archer: You have our approval for the impacts listed below for the purpose described in your application dated May 1, 2023, 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 02B.0267). Jordan Lake Water Supply Watershed Riparian Buffer Impacts Zone 1 Zone 1 Zone 2 Zone 2 Site Impact Impact Impact Impact (sq ft) Mitigable (sq ft) Mitigable (sq ft) (sq ft) 1- Culvert 1,110 313 Totals 1,110 313 * n/a = Total for Site is less than 1/3 acre and 300 linear feet of impact, no mitigation required Total Buffer Impact for Project: 1,423 square feet. 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. This approval is for the purpose and design described in your application submitted on May 1, 2023. A buffer approval letter was previously issued for this project on June 3, 2021. 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). DocuSign Envelope ID: DA728EOA-D756-4BOE-8E45-OC48C663DA42 If you are unable to comply with any of the conditions below, you must notify Ryan Conchilla with the Transportation Permitting Branch at Ryan. Conchillanncdenr.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. Pursuant to 15A NCAC 2B .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. 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. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 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 hqp://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 E Q­North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA � oewemmEnwmnmemeio�ai1 r 919.707.9000 DocuSign Envelope ID: DA728EOA-D756-4BOE-8E45-OC48C663DA42 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(a-)ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: Ric 9�8)�g@g94�irector Division of Water Resources Cc: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office Jerry Parker, DOT Division 7 Environmental Officer E Q-North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA � oewemmEnwmnmemeio�ai1 r 919.707.9000