HomeMy WebLinkAbout20190503 Ver 1_Approval Letter_20190521DocuSign Envelope ID: C8536EDF-6072-4460-A82A-91 B427F94545
May 15, 2019
Town of Kernersville
DWR #20190503
Forsyth County
Attn: Curtis Swisher, Town Manager
PO Box 728
Kernersville NC 27284
Subject: APPROVAL of RANDLEMAN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Brookford Road Sanitary Sewer Extension
Dear Mr. Swisher:
You have our approval for the impacts listed below for the purpose described in your application dated
and received by the Division of Water Resources (Division) April 17, 2019. These impacts are covered by
the Randleman Lake Riparian Buffer 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.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Randleman Lake Riparian Buffer Rules are met. No other impacts are
approved, including incidental impacts. Additional buffer impacts within this project are
considered within an "Existing Use" or "Exempt". [15A NCAC 02B .02508)]
Type of Impact
STATE o
Amount Approved (units)
Temporary
Buffers —Zone 1
Site 1
822 (square feet)
0 (square feet)
Buffers — Zone 2
ROY COOPER
Governor
2450 (square feet)
MICHAEL S. REGAN
NORTH CAROLINA
Secretary
Environmental Quality
LINDA CULPEPPER
Director
May 15, 2019
Town of Kernersville
DWR #20190503
Forsyth County
Attn: Curtis Swisher, Town Manager
PO Box 728
Kernersville NC 27284
Subject: APPROVAL of RANDLEMAN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Brookford Road Sanitary Sewer Extension
Dear Mr. Swisher:
You have our approval for the impacts listed below for the purpose described in your application dated
and received by the Division of Water Resources (Division) April 17, 2019. These impacts are covered by
the Randleman Lake Riparian Buffer 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.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Randleman Lake Riparian Buffer Rules are met. No other impacts are
approved, including incidental impacts. Additional buffer impacts within this project are
considered within an "Existing Use" or "Exempt". [15A NCAC 02B .02508)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers —Zone 1
Site 1
822 (square feet)
0 (square feet)
Buffers — Zone 2
Site 1
2450 (square feet)
0 (square feet)
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
�'—�`f 336-776-9800
DocuSign Envelope ID: C8536EDF-6072-4460-A82A-91 B427F94545
Town of Kernersville
DWR# 20190503
Buffer APPROVAL
Page 2 of 3
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to
meet this mitigation requirement. Until the DMS receives and clears your payment, and proof
of payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes
payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC
02H .0506 (b)(6)]:
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 the Authorization. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification(s)/Permit/Authorization and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
4. The permittee shall report to the Winston Salem Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but
not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A
NCAC 02B .0200]. 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. A
written submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description of the
noncompliance, and its causes; the period of noncompliance, including exact dates and times, if
the noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case-by-case
basis.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Authorization can be contested as provided in General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:OOam and S:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Compensatory Mitigation
River &Sub -basin Number
Required
Buffers
2466 (square feet)
03030003 - Randleman
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 the Authorization. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification(s)/Permit/Authorization and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
4. The permittee shall report to the Winston Salem Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but
not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A
NCAC 02B .0200]. 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. A
written submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description of the
noncompliance, and its causes; the period of noncompliance, including exact dates and times, if
the noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case-by-case
basis.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Authorization can be contested as provided in General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:OOam and S:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
DocuSign Envelope ID: C8536EDF-6072-4460-A82A-91 B427F94545
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Town of Kernersville
DWR# 20190503
Buffer APPROVAL
Page 3 of 3
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division and the Randleman Lake Riparian Buffer Rules as
described in 15A NCAC 02B .0250. Please contact Sue Homewood at 336-776-9693 or
sue.homewood@ncdenr.gov if you have any questions or concerns.
Sincerely,
EDocuSigned by:
L-0�, T. S�,�dcr
145B49E225C94EA...
Lon T. Snider
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
cc: Phil Ross, AWCK (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file