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Home My WebLink About20220618ver1-BUF DocuSign Envelope ID: E5229C54-7B3D-4D36-8716-BD6768372C8C �o STAT3 uy' ROY COOPER _ : o Governor ELIZABETH S.BISER ,� Az. Secretary `� RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality June 27, 2022 DWR#20220618 ver.1 Wake County Mr. Brandon H.Jones, PE, Division Engineer NCDOT Division 5 2612 North Duke Street Durham, NC 27704 Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDTIONS NCDOT TIP# HL-0033: SR 3126 Extension, Wake County Dear Mr.Jones: 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 April 29, 2022. These impacts are covered by the Neuse 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 Neuse Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B.0611(b)(2)] Phase I Neuse 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) 1 12565 37695 8599 12899 2 12643 37929 7836 11754 3 1293 3879 2213 3319 Totals 26501 79503 18648 27972 Total Phase I Buffer Impact for Project: 45149 square feet. Phase II Preliminary Neuse Buffer Impacts: Zone 1: 45408 square feet. Zone 2: 39871 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 ✓ D_E C `� North Carolina Depaztment el Environmental Quality I Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh,North Cazolina 27699-1611 NORTH CAROLINA 919.707.9000 oepynmem of Environmental(Witty DocuSign Envelope ID: E5229C54-7B3D-4D36-8716-BD6768372C8C 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)] 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 026.0714]. 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. Compensatory mitigation for impacts to 26501 square feet of protected riparian buffers in Zone 1 and 18648 square feet of protected riparian buffers 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). Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done in accordance with 15A NCAC .02B .0295.The DMS has indicated in a letter dated March 30, 2022 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. 2. When final design plans are completed for Phase II, a modification to the Neuse Buffer Approval shall be submitted to the NC Division of Water Resources. Final designs shall reflect all appropriate avoidance, minimization, and mitigation for impacts to riparian buffers. No construction activities that impact any wetlands, streams, surface waters, or buffers located in Phase II shall begin until after the permittee applies for, and receives a written modification of the Buffer Approval from the NC Division of Water Resources. 3. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [15A NCAC 026.0714] 4. 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 026.0714] 5. Pursuant to 15A NCAC 2B.0714 sediment and erosion control devices shall not be placed in Zone 1 of any Neuse 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. 6. Native riparian vegetation (ie,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 026.0714] & [15A NCAC 02B.0506(b)(2)] Nolia rm of Environmental Quality I Division of Water Resources 512orth NorthCar SalisburynDepa Streettent 11611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 fleperNrM of EmtrnnmerRel 9uallty DocuSign Envelope ID: E5229C54-7B3D-4D36-8716-BD6768372C8C 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 150B-23(a). This Authorization shall expire five(5)years from the date of this letter. This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 026.0714. Please contact Rob Ridings at rob.ridings@ncdenr.gov or 919-707-8786 if you have any questions or concerns. Sincerely, 1-DocuSigned by: C.—liwpnAzi,n, �9C 8 63 DCD474 Richard�. Kogers,Jr, Director Division of Water Resources cc: Andy Williams, USACE Raleigh Regulatory Field Office Chris Murray, Project Engineer for Planning& Environmental Studies, Division 5 Heather Montague, Division 5 Environmental Officer Beth Harmon, Division of Mitigation Services File Copy North arts of vm Q I Dios '7v®�j`') 512 NorthCarolina SalisburyDepa Streetmen 11611En iron Mail Service ental Centeruality I Raleigh ivsin of,North Water CarolinaResource 27 699-1611 _E NORTH CAROLINA 919.707.9000 naparMeM of EmironmanW 9uallly