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Home My WebLink About20240318 Ver 1_Buffer Approval_20240502ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director City of High Point Attn: Melinda King NORTH CAROLINA Environmental Quutity May 2, 2024 DWR #20240318 Guilford County 211 South Hamilton Street, Suite 206 High Point, NC 27261 Subject: APPROVAL of RANDLEMAN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Hamilton Avenue Stormwater and Utility Upgrades Dear Ms. King: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) March 4, 2024. These impacts are covered by the Randleman Buffer Rules and the conditions) listed below. 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 condition(s) listed below, and all of the conditions of the Randleman Buffer Rules are met. No other impacts are approved, including incidental impacts [15A NCAC 02B .0724]. Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary Buffers — Zone 1 Stream Restoration /Bank 2,804 (square feet) 290 (square feet) Stabilization Buffers — Zone 2 Stream Restoration /Bank 0 (square feet) 1,053 (square feet) Stabilization 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)]. North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105 Moan caaouNn 336.776.9800 Hamilton Avenue Stormwater and Utility Upgrades DWR #20240318 Buffer Authorization Certificate Page 2 of 3 If you are unable to comply with the condition(s) 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 .0724]. 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. The plans provided along with the application depict grading activities within Zone 2 of the protected buffer. This activity is designated as "exempt" under the Buffer Rule, provided that fill is not placed in Zone 1, stormwater flow is maintained as per the Buffer Rule, the disturbed areas are stabilized and revegetated, and the health of the existing vegetation in Zone 1 is not compromised. 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 regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. D E Q�� North Carolina Department ofEnvironmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NOR1H CARou Na 336.776.9800 n.o .m me.a...m..�o..i� /"f Hamilton Avenue Stormwater and Utility Upgrades DWR #20240318 Buffer Authorization Certificate Page 3 of 3 This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR #20240318 expires. This letter completes the Division's review under the Randleman Riparian Buffer Rules as described in 15A NCAC 15A NCAC 02B .0724. Please contact Seren Homer at 336-776-9698 or seren.homer@deq.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: OD2D3CE3F161416... Jennifer F. Graznak Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Electronic cc: Jason Steele, Freese and Nichols, Inc. Laura Meyer, USACE Raleigh Regulatory Field Office Olivia Munzer, NC Wildlife Resources Commission Trevor Spencer, City of High Point Engineering & Facilities Director DWR 401 & Buffer Permitting Branch Electronic File D � �� North Carolina Department ofEnvironmental 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 n.o .m me.a...m..�o..i� /"f