20211127 Ver 1_Approval Letter_20210721

DocuSign Envelope ID: E818A5BA-4424-464B-BE75-37E67AC27C0F
' 1 STAT3�/iriy ROY COOPERvt.-' : o'
Governor
ELIZABETH S.BISER ` __
Secretary �` ^` =
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
July 21,2021
DWR#20211127
Wake County
Mr.Reuben Moore
City of Raleigh
222 West Hargett Street
Raleigh,NC 27601
Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS for
City of Raleigh Sidewalk Improvement Projects for Spring Forest Road,Millbrook Road,and New Hope Road.
Wake County
Dear Mr.Moore:
You have our approval for the impacts listed below for the purpose described in your application received by the
Division of Water Resources July 19,2021. These impacts are covered by the Neuse 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 Neuse Buffer Rules are met. No other impacts are approved,including incidental impacts. [15A
NCAC 02B.0611(b)(2)].
Neuse Riparian Buffer Impacts
Site Permanent Zone 1 Temporary Easement Permanent Zone 2 Temporary Easement Zone
Impact(sq ft) Zone 1 Impact(sq ft) Impact(sq ft) 2 Impact(sq ft)
1 0 76 14 184
2 38 733 3573 720
3 0 0 7 96
4 69 209 104 233
Totals 107 1018 I 1 3698 1233
*Total for each Site is less than 1/3 acre and 150 linear feet of impact:No mitigation required
Total Buffer Impact for Project: 6056 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 Division of Water Resources
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.
D North CarolinaSalisbury tI of1617 Environmental Quality Raleigh,DivisionNorth of Water Re Carolinasources
27649 1617
NORTH CAROLINA
DePa m Of Environmental[wally � 919.707.9000

DocuSign Envelope ID: E818A5BA-4424-464B-BE75-37E67AC27C0F
The permittee shall report to the Division of Water Resources any noncompliance with the conditions of
this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B.0714].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.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 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. [15A NCAC
02B.0714]
3.Pursuant to[15A NCAC 02B.0714],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.0714)] & [15A NCAC 02B.0506(b)(2)]
5.All portions of the proposed project draining to 303(d)listed impaired watersheds shall be designed,constructed,
and operated with sediment and erosion control measures that meet Design Standards in Sensitive Watersheds(15A
NCAC 4B .0124). However,due to the size of the project,the permittee shall not be required to meet 15A NCAC
4B .0124(a)regarding the maximum amount of uncovered acres.
6.If concrete is used during construction,a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 02B.0200]
7.During the construction of the project,no staging of equipment of any kind is permitted in waters of the U.S.,or
protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
8.The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
9.All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags,rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC
02H.0506(b)(3)and(c)(3)]
10.Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)]
11.All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels,lubricants,hydraulic fluids,or other toxic materials. [15A NCAC
02H.0506(b)(3)]
j North Carolina Department of Environmental Quality 1 Division of Water Resources
D_E512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of Environmenteloo.ury 919,707.9000

DocuSign Envelope ID: E818A5BA-4424-464B-BE75-37E67AC27C0F
12.No rock,sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
13.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
14.The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards(including any requirements resulting from compliance with§303(d)of the Clean Water Act)and
any other appropriate requirements of State and Federal law. If the NCDWR determines that such standards or laws
are not being met(including the failure to sustain a designated or achieved use)or that State or federal law is being
violated,or that further conditions are necessary to assure compliance,the NCDWR may reevaluate and modify this
certification. [15ANCAC 02B.0200]
15.A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition,
the Water Quality Certification and all subsequent modifications,if any, shall be maintained with the on-site project
manager. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
16.The outside buffer,wetland or water boundary located within the construction corridor approved by this
authorization,including all non-commercial borrow and waste sites associated with the project,shall be clearly
marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are
prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and.0502]
17.The issuance of this certification does not exempt the Permittee from complying with any and all statutes,rules,
regulations,or ordinances that may be imposed by other government agencies(i.e. local,state,and federal)having
jurisdiction,including but not limited to applicable buffer rules,stormwater management rules,soil erosion and
sedimentation control requirements,etc.
18.The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [15A NCAC 02B.0506(b)(2)]
19.Upon completion of the project(including any impacts at associated borrow or waste sites),the permittee shall
complete and return the"Certification of Completion Form"to notify the NCDWR when all work included in the
Certification has been completed. [15A NCAC 02H.0502(f)]
20.There shall be no excavation from,or waste disposal into,jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites,or access roads to waste or borrow sites,be
located in wetlands or streams,compensatory mitigation will be required since that is a direct impact from road
construction activities. [15A NCAC 02H.0506(b)(3)and(c)(3)]
21.Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design,installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standards [15A NCAC 02H.0506(b)(3)and(c)(3)]:
a.The erosion and sediment control measures for the project must be designed,installed,operated,and maintained
in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and
Design Manual.
b.The design,installation,operation,and maintenance of the sediment and erosion control measures must be such
that they equal,or exceed,the requirements specified in the most recent version of the North Carolina Sediment and
Erosion Control Manual. The devices shall be maintained on all construction sites,borrow sites,and waste pile
(spoil)projects,including contractor-owned or leased borrow pits associated with the project.
c.For borrow pit sites,the erosion and sediment control measures must be designed,installed,operated,and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d.The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
22. Sediment and erosion control measures shall not be placed in wetlands or surface waters,or within 5 feet of the
top of bank,without prior approval from DWR. [15A NCAC 02H.0506(b)(3)and(c)(3)]
j North Carolina Department of Environmental Quality i Division of Water Resources
D_E512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of Environmentel ou.ury 919,707.9000

DocuSign Envelope ID: E818A5BA-4424-464B-BE75-37E67AC27C0F
23.When applicable,all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4(Sediment and Pollution Control Act of 1973).Regardless of applicability of the Sediment
and Pollution Control Act,all projects shall incorporate appropriate Best Management Practices for the control of
sediment and erosion so that no violations of state water quality standards, statutes,or rules occur. [15A NCAC
02H.0506{13)(3)and(c)(3)and 15A NCAC 02B .0200]
24.Design,installation,operation,and maintenance of all sediment and erosion control measures shall be equal to or
exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control
Manual,or for linear transportation projects,the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites,borrow sites,and waste pile(spoil)sites,including
contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization
and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times.
For borrow pit sites,the erosion and sediment control measures shall be designed,installed,operated,and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.Reclamation
measures and implementation shall comply with the reclamation in accordance with the requirements of the
Sedimentation Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas(PNAs), SA,Trout,WS-1,WS-11,
High Quality Waters(HQW),Outstanding Resource Waters(ORW),or 303(d)Impaired Waters, then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B.0124,
Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3)and(c)(3);GC 4135]
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.
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 Riparian Buffer Rules as described in 15A NCAC
02B.0714. Please contact Rob Ridings at [e-mail] if you have any questions or concerns.
Sincerely,
-DocuSigned by:
0,44,1, 4419n&
"-9C9886312DCD474...
S.Daniel Smith,Director
Division of Water Resources
Cc
Scott Brookhart,PE,Arcadis
DWR Transportation 401 &Buffer Permitting Branch electronic file
DEj 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 CARO�1NA
Department or etii,o.mmmi o..ury 919,707.9000