20210193 Ver 1_Buffer Approval Letter_20210330

DocuSign Envelope ID:0C1ED29C-933B-4669-B711-2540CDD94E74
t ,STATE
-c;..‘
ROY COOPER ;5 0
Governor Q'
DIONNE DELLI-GATTI it �_
Secretary `� n`�
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
March 30,2021
Durham County
NCDWR Project No.20210193
Bridge 233 on Maryland Avenue
APPROVAL of NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS
Mr.Erik Adkins,Project Manager
City of Durham
101 City Hall Plaza
Durham,NC 27701
Dear Mr.Adkins:
You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of bank restoration
and removal of Bridge 233 over Ellerbe Creek in Durham County:
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)
Totals 640 N/A 0 N/A
*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: 640 square feet.
The project shall be constructed in accordance with your application received March 29,2021. 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. [15A NCAC 2H.0507(d)(2)].
The permittee shall report to DWR any noncompliance with,or any violation of,stream or wetland standards [15A NCAC 02B .0200]
including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours(or the
next business day if a weekend or holiday)from the time the permittee became aware of the non-compliance circumstances. If total
wetland fills for this project(now or in the future)exceed one acre,or of total impacts to streams(now or in the future)exceed 150
linear feet,compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6)and(7). 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 in the General Certification and any additional conditions listed below.
D_E North
512 Carolina Department1 of1617 EnMavironments[il Center Quality RaleighDivision of WaterNorth Resou27rces
North Salisbury Street Service , Carolina 699-1617
NORTH CAROUN A
Department of Ennmn,mi ouaitY 919.707.9000

DocuSign Envelope ID:0C1 ED29C-933B-4669-B711-2540CDD94E74
Conditions of Certification:
1.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]
2.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.
3.All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,unless otherwise approved by
this certification. [15A NCAC 2B.0233]
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)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]Please be aware that by having
impacted waters without first applying for and securing the issuance of a 401 Water Quality Certification,you have violated Title 15A
of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC 2H.0500 requires certifications pursuant to Section
401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters,including
wetlands,as described in 33 Code of Federal Regulations(CFR)Part 323. It also states any person desiring issuance of the State
certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file
with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future
violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation.
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.
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 letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC
2H.0500. If you have any questions,please contact Rob Ridings at [e-mail].
Sincerely,
,—DocuSigned by:
'-9C9886312DCD474...
S.Daniel Smith, Director
Division of Water Resources
Electronic copy only distribution:
April Norton,US Army Corps of Engineers,Raleigh Field Office
John Thomas,Gannett Fleming,Inc.
File Copy
D_E - --4")
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
NORTH CAROUNA
Department of Emlmnme.1 Waal, 919.707.9000