20211245 Ver 1_Approval Letter_20210820

DocuSign Envelope ID:CB9CD84E-721A-4F18-93F5-201B0B65D241
_-f t STATE , `',,,
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ROY COOPER.
Governor ,,.��,
ELIZABETH S.BISER ,�,_v, ... ,
Secretary �+` °
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
August 20, 2021
DWR#20211245
Durham County
Christine Farrell
NC Division of Parks
PO Box 2418
Durham, NC 27715
Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Bridge 49 on SR 1401 (Cole Mill Road) over Eno River
Dear Ms. Farrell:
You have our approval for the impacts listed below for the purpose described in your application received August 12,
2021 by the Division of Water Resources (Division). 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)
Totals 1050 N/A 700 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: 1750 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 the DWR Transportation Permitting Branch 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.
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512North CarolinaSalisbury DepartmentStreet1 of1617 EnMavironmentaEilServiceCenter Quality RaleighDivision of WaterNorthCarolina Resou27rces
NORTH CAROLINA
, 699-1617 newrtmmnt of E,nmmnmenlai mow 919.707.9000

DocuSign Envelope ID:CB9CD84E-721A-4F18-93F5-201B0B65D241
Additional Conditions:
1. All riparian buffers impacted by the placement of Temporary fill and/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 2B.0714]
2. Pursuant to 15A NCAC 2B.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.
3. Native riparian vegetation (i.e.,trees&shrubs native to your geographic regions) 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)]
4. A turbidity curtain will be installed in the stream if any construction activities occur within 5 feet of the top of the river
bank. [15A NCAC 02H .0506(b)(3)
5. 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)]
6.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)]
7. 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)]
8. 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)]
9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited. [15A NCAC 02H.0506(b)(3)]
10.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. [15A
NCAC 02B.0200]
11.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)]
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512North Carolina DeSalisburypartmentStreet1 of1617 EnMavironments[ilServiceCenter Quality RaleighDivision of WaterNorthCarolina Resou27rces
, 699-1617
NORTH CAROUNA
Department or a l ousiC 919.707.9000

DocuSign Envelope ID:CB9CD84E-721A-4F18-93F5-201B0B65D241
12.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]
13.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.
14.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)]
15. 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.
16. 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)]
17. 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{b)(3) and
(c)(3) and 15A NCACO2B.0200]
18. 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. [15A NCAC 02H.0506(b)(3) and (c)(3]
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1617 EnMavironments[ilServiceCenter Raleigh QualityI Division of WaterNorthCarolina Resou27rc699es
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Department a/e,mm„memni auailq 919.707.9000

DocuSign Envelope ID:CB9CD84E-721A-4F18-93F5-201B0B65D241
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
[phone].
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
026.0714. Please contact Rob Ridings at [e-mail] if you have any questions or concerns.
Sincerely,
,--DocuSig ned by:
"-9C9886312DCD474_.
S. Daniel Smith, Director
Division of Water Resources
cc:
Heather Montague, NC DOT Division 5 Environmental Officer
DWR Transportation 401 & Buffer Permitting Branch electronic file
North lnp of Environmental Quality I Division of Water Resources
512 NorthCaro Salisbury iaDe Streetartment 11617 Mail Service Center Raleigh,North Carolina 27699-1617
NORTH C ROUNA
Department of enirtinmenr,i amuq 919.707.9000