HomeMy WebLinkAbout20210986 Ver 1_Buffer Approval Letter_20210803 DocuSign Envelope ID:3DA8CB66-1AEA-466F-AB88-E4B3F543131E
' 1 STAT3�
ROY COOPER. Diu y
o,
Governor
ELIZABETH S.BISER ` __
Secretory �` ^` =
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
August 3,2021
DWR#20210986
Wake County
Mr.Brandon H.Jones,PE,Division Engineer
NCDOT Division 5
2612 North Duke Street
Durham,NC 27704
Subject: APPROVAL OF NEUSE RIPARIAN BUFFER AUTHORIZATION WITH ADDITIONAL CONDITIONS
NCDOT TIP#W-5601EY: NC Hwy 42 at SR 2727,Wake County.
Dear Mr.Jones:
You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water
Resources(Division)July 28,2021.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 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)
3 6489 N/A 3685 N/A
5 8818 N/A 4830 N/A
Totals 15307 0 8515 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: 23822 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 DWR 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.
The permittee shall report to DWR 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.
D North512North CarolinaSalisbury tI of1617 Environmental Quality Raleigh,DivisionNarth of Water Re Carolinasources
27649 1617
NORTH CAROLINA
DePa m Of g o iro^m .I[wally � 919.707.9000
DocuSign Envelope ID:3DA8CB66-1AEA-466F-AB88-E4B3F543131 E
Additional Conditions:
1.All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by
this certification. [15ANCAC 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.
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(OAR)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 rob.ridings@ncdenr.gov if you have any questions or concerns.
Sincerely,
p—DocuSigned by:
Canup►1k,1k,
S9C9886312DCD474...
S.Daniel Smith,Director
Division of Water Resources
cc:
Chris Murray,Project Engineer,Division 5 Planning&Environmental
Heather Montague,Division 5 Environmental Officer
File Copy
DE - j North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of Environmentel ou.ury 919,707.9000