20211197 Ver 1_Existing-Transportation-Facility-Buffer-Clarification-Memo-20070724_20210826

F \NATF
9 Michael F.Easley
�O� QG Governor
rWilliam G.Ross,Jr.,Secretary
Department of Environment and Natural Resources
-1
< Coleen H.Sullins, Director
Division of Water Quality
July 24, 2007
Buffer Interpretation/Clarification#2007-010
MEMORANDUM
Background: According to Neuse Buffer Rules 15A NCAC 02B.0233(3)(b), the Tar-Pamlico Buffer Rules 15A NCAC
02B.0259(3)(b), and the Catawba Buffer Rules 15A NCAC 02B.0243(3)(a), the buffer protection rules do not apply
when there are existing uses that are present and ongoing. The Division of Water Quality interprets the Randleman
Buffer Rules 15A NCAC 02B .0250 to be consistent with the above-mentioned riparian buffer rules.
Problem: Several questions have been raised regarding the definition of an existing transportation facility. Specifically
the questions ask, what are the lateral boundaries of an existing transportation facility?
Solution: "Existing Transportation Facilities" are defined as shown in the attached drawings. If scenarios arise that are
not addressed by the attached drawings, DWQ shall make a determination of the existing transportation facility on a
case-by-case basis.
57
Signature: 7;
Date: Z '
NorthCarolina
401 Wetlands Certification Unit Naturally
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper

WHEN & WHERE THE BUFFER RULES APPLY FOR ROAD WIDENING PROJECTS:
Plan view
of existing
Existing Transportation Facility ►
Existing road
I
\__
Fill Slope Fill Slope
/ Anything in here is exempt as it is part
of the Existing Transportation facility
Natural Ground before widening Natural Ground
Plan view of
proposed widening
411-1 Existing Transportation Facility
New toe of slope
1 New Widened Roadway Surface/ ►
\i/ \
Old toe of slope
Natural Ground
Natural Ground
Any impacts (pavement, clearing, etc) in this area is considered "new transportation
facilities" and will trigger the buffer rules

Possible impacts from temporary or
permanent drainage easement
Old toe of slope Pipe
► New Buffer Impacts for construction
of pipe between old Toe of Slope
1 and New Toe of Slope as shown in
-- above picture
/ lirp
New Toe of Slope
_ ;
f
=3x I Possible Additional Buffer Impacts
Pipe extension
r C for the case when construction of
Y
C ��
S
_ pipe extends beyond new Toe of
Slope such as in a temporary or
permanent drainage easement.
In cut slope areas:
t ►
Existing Transportation Facility
Natural Ground
The road This line to be
/V\ ) determined by edge of
maintained area
Point where
horizontal level of
road hits natural
ground
Natural Ground

In Coastal Areas:
Existing Transportation Facility
The road
� 1 l
Canal to maintain water
off of roadway
Natural Ground —
NOTE: UNLESS it is a modified
stream, used for navigation, or subject
to a CAMA permit because it is
adjacent to a coastal marsh
WHEN THE BUFFER RULES APPLY FOR BRIDGE REPLACEMENT PROJECTS:
New Bridge
Anything under the
1 existing bridge is the
itie&,‘111144
existing transportation
facility
Roadway approaches Any work to vegetated areas
constitutes new fill and not under the existing bridge
subject to buffer rules will trigger the buffer rules