20220137 Ver 1_20220137-BUF.docx_20220209

DocuSign Envelope ID: FBABA90E-366A-45BF-B168-7lC150F512D3
�tc$TATE��
ROY COOPER
Governor
ELIZABETH S.BISER
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
February 9, 2022
DWR#20220137
Nash County
Kevin Bowen, PE, Division Engineer
NCDOT Division 4
509 Ward Boulevard
PO Box 3165
Wilson, NC 27895
Subject: APPROVAL of TAR-PAMLICO RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
NCDOT Project: U-5947, NC 43 (Benvenue Road) at US 64, Nash County
Dear Mr. Bowen:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) on January 27, 2022. These impacts are covered
by the Tar-Pamlico 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.
The following impacts are hereby approved, provided that all of the Conditions listed below and all of
the conditions of the Tar-Pamlico Buffer Rules are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B.0611(b)(2)]
Tar-Pamlico Riparian Buffer Impacts
Site Zone 1 Impact Zone 1 Buffer Mitigation Zone 2 Impact Zone 2 Buffer Mitigation
(sq ft) Required (using 3:1 ratio) (sq ft) Required(using 1.5:1 ratio)
Totals 561 N/A 0 N/A
*n/a=Total for Site is less than 1/3 acre and 150 linear feet of impact,no mitigation required
Total Buffer Impact for Project: 561 square feet.
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)]
D ��� North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORrHcaHounn
oewmneo of�Imemem l o"i` /`� 919.707,9000

DocuSign Envelope ID: FBABA90E-366A-45BF-B168-71C150F512D3
If you are unable to comply with any of the conditions below,you must notify the DWR Transportation
Permitting Branch 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 Division of Water Resources 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. 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 the
purpose of 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].
3.Pursuant to 15A NCAC 0213.0724, sediment and erosion control devices shall not be placed in Zone 1 of
any Tar-Pamlico Buffer without prior approval by the NCDWR. At this time,the 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. Native riparian vegetation (i.e.,trees and shrubs native to your geographic region) must be
reestablished in the riparian areas within the construction limits of the project by the end of the growing
season following completion of construction. [15A NCAC 0213.0724] & [15A NCAC 02B.0506(b)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification 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 Certification in accordance with N.C.G.S 15013-23(a).
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699-1617
NORTHCAROLINA
� d�^��^ o�\ r 919.707.9000

DocuSign Envelope ID: FBABA90E-366A-45BF-B168-71C150F512D3
This Authorization shall expire five (5)years from the date of this letter.
This letter completes the review of the Division under the Tar-Pamlico Riparian Buffer Rules as described
in 15A NCAC 02B.0724. Please contact Rob Ridings at [e-mail] or 919-707-8786 if you
have any questions or concerns.
Sincerely,
DocuSigned by:
9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
cc:
Tom Steffens, USACE Washington Regulatory Field Office
Chad Coggins, NCDOT Division 4 Environmental Project Engineer
File Copy
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
NORTHCAROLINA
,.,rWW 919.707.9000