HomeMy WebLinkAbout20240633_U-4758_ BuffCert_6-3-24DocuSign Envelope ID: BD6DBAEB-CB8C-46BE-9D20-lA4C320C7445
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 3, 2024
Guilford County
NCDWR Project No. 20240633
NCDOTTIP Project: U-4758
Proposed upgrades to SR 1818 (Johnson
Street)/ SR1850 (Sandy Ridge Road) with
Improvements from SR 1820 (Skeet Club
Road) to South of 1-40 in High Point
APPROVAL of Randleman Lake Water Supply Riparian Buffer Impacts with Additional Conditions
for:
NCDOT TIP Project U-4758, Proposed Upgrades to SR 1818 (Johnson Street)/ SR1850 (Sandy Ridge
Road) with Improvements from SR 1820 (Skeet Club Road) to South of 1-40
West Fork Deep River (Oak Hollow Reservoir) in the Cape Fear (CPF03); Index No. 17-3-(0.7)
Water Supply (WS-IV, CA)
West Fork Deep River in the Cape Fear (CPF03); Index No. 17-3-(0.3); Water Supply (WS-IV)
East Fork Deep River in the Cape Fear (CPF03); Index No. 17-2-(0.3); Water Supply (WS-IV)
Dear Mr. Crowther:
You have our approval for the impacts listed below for the purpose described in your application dated
May 1, 2024 received by the Division of Water Resources. These impacts are covered by Randleman 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 Randleman Lake Supply Watershed Riparian Buffer Rules are met. No other impacts are
approved, including incidental impacts. (15A NCAC 02B .0724).
DocuSign Envelope ID: BD6DBAEB-CB8C-46BE-9D20-1A4C320C7445
Randleman Lake Water Supply Watershed Riparian Buffer Impacts
Zone 1
Zone 2 Buffer
Zone 1
Buffer
Zone 2
Mitigation
Site
Impact
Mitigation
Impact
Required
(sq ft)
Required
(sq ft)
(1.5:1 ratio)
(3:1 ratio)
Site 1- Road Crossing —Allowable
807
1,245
Site 2- Road Crossing —Allowable
0
1,247
Site 2- Bridge —Allowable
9,215
3,869
Site 3- Road Crossing —Allowable
32
2,255
Site 4- Outlet Channel — Allowable
1,272
1,177
Site 5- Roadway Fill- Allowable w/ Mitigation
1,057
1,057
9,765
9,765
Totals
12,383
1,057
19,558
9,765
Total Buffer Impact for Project: 31,941 square feet.
The project shall be constructed in accordance with your application, dated May 1, 2024. After reviewing
your application, we have decided that these impacts are covered by Individual Water Quality Certification
Number 006816. This certification corresponds to the Nationwide Permit 14 issued by the Corps of
Engineers. This approval is also valid for the Randleman Lake Riparian Buffer Rules (15A NCAC 2B.0724).
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. 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 .0724).
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@deq.nc.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 .0724)
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 .0724)
E Q�� 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
NORTH CAROLINA
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DocuSign Envelope ID: BD6DBAEB-CB8C-46BE-9D20-1A4C320C7445
3. Pursuant to 15A NCAC 213.0724, sediment and erosion control devices shall not be placed in Zone
1 of any Randleman 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. The stream in the project area is
class WS-IV waters of the State.
4. Compensatory mitigation for impacts to 1,057 square feet of protected riparian buffers in Zone 1
and 9,765 square feet in Zone 2 shall be required. We understand that you have chosen to
perform compensatory mitigation for impacts to protected buffers through use of the North
Carolina Division of Mitigation Services (DMS) (formerly NCEEP). Mitigation for unavoidable
impacts to Randleman Lake Riparian Buffers shall be provided in the Cape Fear River Basin (CF003)
and done in accordance with 15A NCAC .02B .0724. The DMS has indicated in a letter dated April
12, 2024 that they will assume responsibility for satisfying the compensatory mitigation
requirements for the above -referenced project, in accordance with DMS's Mitigation Banking
Instrument signed June 14, 2016.
5. 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 150E 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
NORTH CAROLINAD_ E Q�//
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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: BD6DBAEB-CB8C-46BE-9D20-1A4C320C7445
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the Division under the Randleman Lake Water Supply Watershed
Riparian Buffer Protection Rules as described in 15A NCAC 02B. 0724. Please contact Ryan Conchilla at
Ryan.Conchilla@deg.nc.gov if you have any questions or concerns.
Sincerely,
DocuSigned by:
Richard E. g�r3°FfSFt�@�or
Division of Water Resources
Cc:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Erin Cheely, NCDOT Western Team Lead
Beth Harmon, Division of Mitigation Services NCDOT ILF Coordinator
E Q�� 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
NORTH CAROLINA
oepm eMof EommnmemM ausifty /� 919.707.9000