20211409 Ver 1_Buffer Approval Letter_20210928

DocuSign Envelope ID:4FCC5D72-EB88-4229-A842-286EF8EF64C6
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PE ROY COOPER. � �.
Governor `u;
ELIZABETH S.BISER �s n6
Secretory •rt 4` "
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
September 28, 2021
DWR#20211409
Johnston County
Mr. Kevin Bowen, PE
NCDOT Division 4
PO Box 3165
Wilson, NC 27895
Subject: APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION WITH ADDITIONAL CONDITIONS
NCDOT TIP#U-6223: NC 42/Ranch Rd Extension,Johnston County, Neuse Basin
Dear Mr. Bowen:
You have our approval for the impacts listed below for the purpose described in your application received by the
Division of Water Resources (Division) on September 21, 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 minus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 Zone 2
Impact Wetlands Buffers(not Mitigation Impact Wetlands Buffers Buffer
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Mitigation
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) Required
(sq ft) (using 1.5:1
ratio)
1 14904 13707 1197 3591 9077 5318 3759 5639
Totals 14904 13707 1197 3591 9077 5318 3759 5639
*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: 23981 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)]
D_E North
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Department of innmemaio.ircr 919.707.9000

DocuSign Envelope ID:4FCC5D72-EB88-4229-A842-286EF8EF64C6
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 Transportation Permitting Branch any noncompliance with the conditions of
this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 2B.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. Compensatory mitigation for impacts to 1197 square feet of protected riparian buffers in Zone 1 and 3759 square feet
of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform
compensatory mitigation for impacts to protected buffers through use of the North Carolina Division of Mitigation
Services (DMS). Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River Basin
and done in accordance with 15A NCAC .02B .0295.The DMS has indicated in a letter dated September 20, 2021 that
they will assume responsibility for satisfying the compensatory mitigation requirements for the above-referenced
project, in accordance with DMS's Mitigation Banking Instrument signed June 14, 2016.
2. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. [15A NCAC 26.0714].
3. 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 26.0714].
4. Pursuant to 15A NCAC 26.0714, 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.
5. Native riparian vegetation (ie,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 26.0714]
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
D_E QDepartment Quality I Resourc 512 NorthNorthCarolina SalisburyDeartmeStreet 1617of Mail ServiceEnvironmental Center RaleighDivision,NorthofWater Carolina 27699-1617es
NORTH C ROIJNA
Department of ammnmenlai Muddy 919.707.9000

DocuSign Envelope ID:4FCC5D72-EB88-4229-A842-286EF8EF64C6
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.-n1. C—Andpw ,
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S. Daniel Smith, Director
Division of Water Resources
cc:
Tom Steffens, USACE Washington Regulatory Field Office
Byron Bateman, Division 4 Environmental Officer
Beth Harmon, Division of Mitigation Services
File Copy
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h CnaDepartment of ironment Quality I ResourcesDorth Salisburyaroli Street 1617Env Mail Serviceal center RaleighDivision,NorthofWater Carolina 27699-1617
NORTH CAROLJNA
Deparhnert of Environmentel ou.ury 919.707.9000