HomeMy WebLinkAbout20200967 Ver 2_Buffer Approval Letter_20201130 DocuSign Envelope ID:6734725C-15A5-466F-BF1 F-A110D053A4FF
ROY COOPER
Governor '
MICHAEL S.
REGAN ,
Secretary
S. DANIEL SMITH NORTH CAILINA
Erwiranmertral Quality
Director
November 30,2020
Durham County
NCDWR Project No.20200967 v.2
SR 1978
APPROVAL of NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS
Mr.Frank L. Schrimsher,Director
Research Triangle,Ltd.
600 E.Colonial Drive
Suite 100
Orlando,FL 32803
Dear Mr. Schrimsher:
You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of widening SR 1978
(Hopson Rd)in Durham,County:
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)
2 5344 N/A 1990 N/A
Totals 5344 0 1990 0
*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: 7344 square feet.
The project shall be constructed in accordance with your application received November 16,2020. This approval is valid for the
Neuse Riparian Buffer Rules(15A NCAC 2B.0233).In addition,you should acquire any other federal,state or local permits before
you proceed with your project including(but not limited to)Sediment and Erosion Control,Non-Discharge and Water Supply
Watershed regulations.
This approval is valid solely for the purpose and design described in your application(unless modified below). Should your project
change,you must notify the NCDWR and submit a new application. If the property is sold,the new owner must be given a copy of
this Certification and approval letter,and is thereby responsible for complying with all the conditions.Additional buffer impacts may
require compensatory mitigation as described in 15A NCAC 2B.0233.For this approval to remain valid,you must adhere to the
conditions listed below.
Conditions of Certification:
1.All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,unless otherwise approved by
this certification. [15ANCAC 2B.0233]
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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
919.707.9000
DocuSign Envelope ID:6734725C-15A5-466F-BF1 F-A110D053A4FF
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. [15ANCAC 2B.0233]
3.Pursuant to 15A NCAC 2B.0233(6)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.
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
02B.0233(10)].
If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may
obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative
Hearings within sixty(60)days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00am and 5:00pm,except for official state holidays. The original and one(1)copy of the petition must be filed
with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings
within five(5)business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Telephone: (919)431-3000,Facsimile: (919)431-3100
A copy of the petition must also be served on DEQ as follows:
Mr.Bill F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under the Neuse Riparian Buffer Rules. If you have any questions,
please contact Rob Ridings at rob.ridings@ncdenr.gov.
Sincerely
,-Doc igned by:
D 41Lp ,
"-9C9886312DCD474...
S.Daniel Smith, Director
Division of Water Resources
Electronic copy only distribution:
Andy Williams,US Army Corps of Engineers,Raleigh Field Office
William Sullivan,Kimley-Horn
File Copy
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North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000