HomeMy WebLinkAbout20201982 Ver 1_Buffer Approval Letter_20210309 DocuSign Envelope ID:ODEDO6D0-35DB-4650-9979-E45075A18CC3
STATE 46;\
ROY COOPER (' ,
Governor ¢ �t _ '
MICHAEL S.REGAN , �,n,e f �
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
March 9, 2021
DWR#20201982
Orange County
Mr. Ken Hines
Town of Hillsborough
101 East Orange St.
P.O. Box 429
Hillsborough, NC 27278
APPROVAL of Neuse River Basin Riparian Buffer Impacts with Additional Conditions
for:
Town of Hillsborough Culvert Replacements on Valley Forge Road in Orange County.
Cates Creek in the Neuse River Basin(NEU01);Index No.27-2-8;Water Supply V(WS-V);
Nutrient Sensitive Waters(NSW)
Dear Mr. Hines:
You have our approval for the impacts listed below for the purpose described in your application dated
February 2, 2021, received by the Division of Water Resources. These impacts are covered by the Neuse
River Basin Riparian 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 the conditions listed below, and all the
conditions of the Neuse River Basin Riparian Buffer Rules are met. No other impacts are approved,
including incidental impacts. (15A NCAC 02B .0611)
Neuse River Basin Riparian Buffer Impacts
Zone 1 Zone 2
Zone 1 Minus Zone 1 Buffer Zone 2 Minus Zone 2 Buffer
Wetlands Buffer Wetlands Buffer
Site Impact Mitigation Impact Mitigation
(sq ft) in Zone 1 Impacts Required (sq ft) in Zone 2 Impacts Required
(sq ft) (sq ft) (3:1 ratio) (sq ft) (sq ft) (1.5:1 ratio)
Road 2,903 1,055 1,848 93 - -
Crossing
Sewer 1,083 - - - 2,769 - - -
Line
Totals 1 3,986 1 1,055 1 1,848 1 - I I 2,862 I - 1 - -
Total Buffer Impact for Project: 6,848 square feet.
D o) No of l QuaI I of Water
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DocuSign Envelope ID:ODED06D0-35DB-4650-9979-E45075A18CC3
Town of Hillsborough
DWR#20201982
Buffer Authorization Certificate
Page 2 of 3
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).The permittee shall
report any noncompliance with the conditions of this Authorization Certificate and/or any violation of
state regulated riparian buffer rules (15A NCAC 02B .0714).
If you are unable to comply with any of the conditions below,you must notify Dave Wanucha with the
Transportation Permitting Branch at dave.wanucha@ncdenr.gov or at (336) 403-5655 within 24 hours
(or the next business day if a weekend or holiday)from the time the permittee becomes 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 .0714)
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 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 .0714)
3. Pursuant to 15A NCAC 2B .0714, sediment and erosion control devices shall not be placed in
Zone 1 of any Neuse River Basin Riparian Buffer without prior approval by NCDWR. At this time,
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(919)431-3000.
DocuSign Envelope ID:ODEDO6D0-35DB-4650-9979-E45075A18CC3
Town of Hillsborough
DWR#20201982
Buffer Authorization Certificate
Page 3 of 3
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This Authorization shall expire five (5)years from the date of this letter.
This letter completes the review of the Division under the Neuse River Basin Riparian Buffer Protection
Rules as described in 15A NCAC 02B. 0714. Please contact Dave Wanucha at 336-403-5655 or
Dave.Wanucha@ncdenr.gov if you have any questions or concerns.
Sincerely,
DocuSigned by:
awl 4eyviket,k,
9C9886312DCD474...
Amy Chapman, Supervisor
Transportation 401 & Buffer Permitting
Branch
Cc: David Bailey, US Army Corps of Engineers, Raleigh Field Office
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Jerry Parker, NCDOT Division 7
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