20190241ver2-BUF

DocuSign Envelope ID: 9341 DD1A-2D92-4AB6-BF50-67E1 DE4F86C9
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Brandon H. Jones, PE, Division Engineer
NCDOT Division 5
2612 North Duke Street
Durham, NC 27704
NORTH CAROLINA
Environmental Quality
December 12, 2022
DWR # 20190241 ver 2
Durham County
Subject: MODIFICATION of APPROVAL of JORDAN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
Project: 513.203214.4 (SR 1113), Durham County
Dear Mr. Jones:
You have our approval for the impacts listed below for the purpose described in your application
received by the NC Division of Water Resources on November 9, 2022.. These impacts are covered by
the Jordan 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 Jordan Buffer Rules are met. This modification replaces the approval issued on
March 5, 2019. No other impacts are approved, including incidental impacts [15A NCAC 02B.0267(11)]
Revised Jordan Riparian Buffer Impacts
Site
Zone 1 Impact
(sq ft)
Zone 1 Buffer Mitigation
Required (using 3:1 ratio)
Zone 2 Impact
(sq ft)
Zone 2 Buffer Mitigation
Required (using 1.5:1 ratio)
1
2966
N/A
652
N/A
2
1666
4998
685
1028
Totals
4632
4998
1337
1028
* n/a = Impact Allowable; No Mitigation Required
Total Buffer Impact for Project: 5969 square feet.
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
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.0267(11)]
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.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000

DocuSign Envelope ID: 9341 DD1A-2D92-4AB6-BF50-67E1 DE4F86C9
The permittee shall report to the NC 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 0213.0267]
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 1666 square feet of protected riparian buffers in Zone 1 and
685 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 Jordan Riparian
Buffers shall be provided in the Jordan Lake River Basin and done in accordance with 15A NCAC 213.0295.
The DMS has indicated in a letter dated February 21, 2019 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. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities,
unless otherwise approved by this certification. [15A NCAC 213.0267]
3. 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 213.0267]
4. Pursuant to 15A NCAC 213.0267, sediment and erosion control devices shall not be placed in Zone 1 of
any Jordan 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.
5. Native riparian vegetation (ex. list herbaceous, 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 02B.0267] & [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.
��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
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DocuSign Envelope ID: 9341 DD1A-2D92-4AB6-BF50-67E1 DE4F86C9
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).
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the Division under the Jordan Lake Riparian Buffer Rules as described
in 15A NCAC 0213.0267. Please contact Rob Ridings at [e-mail] if you have any questions
or concerns.
Sincerely,
E
DOCUSigned by:
� ��,(,L�141:A i�.
9C9886312DCD474_.
Richard E. Rogers, Jr, Director
Division of Water Resources
cc:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Heather Montague, Division 5 Environmental Officer
Beth Harmon, NC Division of Mitigation Services
File Copy
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
naparMeM of EmironmanW 9uallly