20221216_ReplaceBridge10onSR1001_R-3430B_BUFFAPPRV

DocuSign Envelope ID: 5A50996D-9347-475B-AFD1-E9E362D7304B
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Michael A. Turchy
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, NC 27699
NORTH CAROLINA
Environmental Quality
December 16, 2022
DWR # 20221711
Burke and Caldwell County
Subject: APPROVAL of CATAWBA RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
NCDOT TIP # R-3430B: Replace Bridge 10 on SR 1001 Burke and Caldwell Counties.
Catawba River (Lake Rhodhiss) [Catawba River Basin, 03050101, WS-IV, B; CA]
Dear Mr. Turchy:
You have our approval for the impacts listed below for the purpose described in your application dated December 1, 2022, received by
the Division of Water Resources (Division) December 1, 2022. These impacts are covered by the Catawba 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 Catawba
Buffer Rules are met. No other impacts are approved, including incidental impacts. [I 5A NCAC 02B.0611(b)(2)]
Catawba 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
0
n/a
924
n/a
2
7,955
n/a
4,453
n/a
3
11,721
n/a
6,877
n/a
4
1,083
n/a
1,798
n/a
5
0
n/a
1,377
n/a
Totals
20,759
0
15,429
0
* n/a = Total for Site is less than 1/3 acre, no mitigation required
Total Buffer Impact for Project: 36,188 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)]
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 Transportation Permitting Branch any noncompliance with the conditions of this Authorization
Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B .0614]. 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.
�DF Q:�� 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

DocuSign Envelope ID: 5A50996D-9347-475B-AFD1-E9E362D7304B
Additional Conditions:
1. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities, unless
otherwise approved by this certification. [I 5A NCAC 02B .0614]
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. [I 5A NCAC 02B
.0614]
3. Pursuant to 15A NCAC 2B .0614, sediment and erosion control devices shall not be placed in Zone 1 of any
Catawba 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.
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 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 [phone].
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 Catawba Riparian Buffer Rules as described in 15A NCAC
02B .0614. Please contact Kevin Mitchell at 828-296-4650 or [e-mail] if you have any questions or concerns.
ec:
Sincerely,
DocuSigned by:
44PW1.l.UA.
Ri dIP6Rft fg4 Jr., Director
Division of Water Resources
Lori Beckwith, USACE Asheville Regulatory Field Office (via email)
Roger Bryan, NCDOT Division 13 Environmental Officer (via email)
Erin Cheely, NCDOT (via email)
Holland Youngman, US Fish and Wildlife Service (via email)
Dave McHenry, NC Wildlife Resources Commission (via email)
File Copy
RE 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
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