20200533v2ChathamPark(Chatham)_JB_-ds

Dts t STATE
ROY COOPER i( o
Governor
DIONNE DELLI-GATTI ` r`,47.a a% * a?
Secretary ^^ =
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
March 31, 2021
DWR#20200533v2
Chatham County
NCDOT Division 8
Attn: Mr.Art King
121 DOT Drive
Carthage, NC 28327
Delivered via email to: [e-mail]
Subject: APPROVAL of JORDAN LAKE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
NCDOT Chatham Park Way North (R-5930)
Dear Mr. King:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) September 8, 2020 with subsequent information
on November 13, 2020 and by Public Notice issued by the Division on December 4, 2020 and Public
Hearing held on January 7, 2021. These impacts are covered by the Jordan Lake 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) Clean
Water Act Section 404 and/or 401 Authorizations, 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 Lake Riparian Buffer Rules are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02B .0267(11)]
Type of Impact Amount Approved (units) Amount Approved (units)
Permanent Temporary
Buffers—Zone 1
Impact Site 1 15291 (square feet) 0(square feet)
Impact Site 2 10672 (square feet) 0(square feet)
Impact Site 3 14493 (square feet) 0(square feet)
Buffers—Zone 2
Impact Site 1 13893 (square feet) 0(square feet)
Impact Site 2 10850 (square feet) 0(square feet)
Impact Site 3 14440 (square feet) 0(square feet)

NCDOT Division 8
DWR#20200533 v2
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 .0267(11]
If you are unable to comply with any of the conditions below,you must notify the Raleigh Regional
Office 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 Raleigh Regional Office any noncompliance with the conditions of this
Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B .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. Mitigation for NCDOT Chatham Park Way(R-5930)for must be provided for the proposed impacts as
specified in the tables below.The Division has received an acceptance letter from the NC Division of
Mitigation Services (DMS)to meet this mitigation requirement. Until the DMS receives and clears
your payment, and proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes,this Authorization Certificate
authorizes payment to the DMS to meet the following compensatory mitigation requirement:
Compensatory Mitigation River&Sub-basin Number
Required
Buffers 79,639 square feet Cape Fear(03030002)
Citation: 15A NCAC 02H.0506(c)
2. NCDOT shall submit final construction plans for the Chatham Park Way (R-5930) portion of this
project for review and approval by DWR. The final design of Chatham Park Way shall follow the
NCDOT Post-Construction Stormwater Plan and Stormwater Best Management Practices Toolbox
and that all stormwater measures shall be properly inspected and maintained in accordance with
NCDOT's National Pollutant Discharge Elimination System (NPDES) stormwater permit NCS000250.
Citation: 15A NCAC 02H .0502 (a) and 15A NCAC 02H .0506 (b)(1)
3. NCDOT shall schedule and conduct a pre-construction meeting with the construction contractors,
NCDOT staff, and Division staff to review the conditions and requirements of the respective
certifications and permits for clarity and understanding before any impacts authorized in this
Certification occur.
Citation: 15A NCAC 02H.0507(c) and 15A NCAC 02H.0502 (e)and 15A NCAC 02H.0506(b)(3)
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]

NCDOT Division 8
DWR#20200533 v2
Buffer Authorization Certificate
Page 3 of 3
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.
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 Certificate neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor
does it create any prescriptive right or any right of priority regarding any usage of water. This
Authorization Certificate shall not be interposed as a defense in any action respecting the determination
of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this
Authorization Certificate to possess any prescriptive or other right of priority with respect to any other
consumptive user.
This Authorization shall expire when the corresponding 401 Water Quality Certification Approval
DWR#20200533v2 expires.
This letter completes the Division's review under the Raleigh Riparian Buffer Rules as described in 15A
NCAC 02B.0267. Please contact Sue Homewood at 336-776-9693 or [e-mail] if you
have any questions or concerns.
Sincerely,
n �Y
S. Daniel Smith, Director
Division of Water Resources
cc: Jason Hartshorn, Kimley-Horn (via email)
Bob Zarzecki, Soil & Environmental Consultants, PA (via email)
James Lastinger, USACE Raleigh Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
Gabriela Garrison, NCWRC(via email)
Emily Wells, USFWS (via email)
DWR 401 & Buffer Permitting Branch Electronic file