20201265 Ver 1_Buffer Approval Letter_20211015

DocuSign Envelope ID:A82CDACF-8E4A-4479-888E-CFB292CF695C
ROY COOPER. i,4
Governor ,,.��,
ELIZABETH S.BISER ,�,_v, ... ,
Secretary v
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
October 15,2021
DWR#20201265
Wake County
Mr. Sean Driskill, PE
City of Raleigh
222 West Hargett Street
Raleigh, NC 27601
Subject: APPROVAL OF NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
City Of Raleigh project: SR 2551 (Barwell Road) at SR 2552,Wake County, Neuse Basin
Dear Mr. Driskill:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources with application payment October 13, 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 Zone 1 Buffer Mitigation Zone 2 Impact Zone 2 Buffer Mitigation
Impact(sq ft) Required (using 3:1 ratio) (sq ft) Required(using 1.5:1 ratio)
IA 17098 51261 9176 13764
1B 6052 18156 2108 3162
Totals 23150 69417 11284 16926
*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: 34434 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)]
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® 512 NorthNorthCarolina SalisburyDe Streetartment 1of1617 Mail Service Center RaleighDivision,NorthofWater Carolina 27699-1617es
NORTH CAROLINA
newrtmmnt of E,nmmnmenlai mow 919.707.9000

DocuSign Envelope ID:A82CDACF-8E4A-4479-888E-CFB292CF695C
If you are unable to comply with any of the conditions below,you must notify the 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 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. Compensatory mitigation for impacts to 23150 square feet of protected riparian buffers in Zone 1
and 11284 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
purchase of Neuse Buffer Mitigation credits from the Catfish Pond II Mitigation Bank Instrument(MBI)
by Wildlands Holdings V, LLC,for unavoidable impacts to Neuse Riparian Buffers shall be provided in the
Neuse River Basin and done in accordance with 15A NCAC 2B.0295 and 15A NCAC 2B.0714. The
mitigation bank has indicated in a letter dated September 30, 2021 that they have available credits for
satisfying the compensatory mitigation requirements for the above-referenced project. No impacts to
Neuse Riparian Buffers can occur until NC Division of Water Resources receives a copy of payment
receipt for credits purchased from the Buffer Mitigation Bank.
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 DOT 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]
3. 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.
4. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,
unless otherwise approved by this certification. Stormwater BMP maintenance (and any future repairs)
shall be the responsibility of the permittee continually during and after completion of the road
construction project. [15A NCAC 2B.0714]
5. Native riparian vegetation (i.e., trees and shrubs native to the 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 2B.0714]
D North
512 Carolina Department1 of1617 EnMavironments[il Center Quality RaleighDivision of WaterNorth Resou27rces
North Salisbury Street Service , Carolina 699-1617
OU NORTH CARNA
Department or a lOutdid 919.707.9000

DocuSign Envelope ID:A82CDACF-8E4A-4479-888E-CFB292CF695C
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 150E 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 919-707-8786 or [e-mail] if you
have any questions or concerns.
Sincerely,
r—DocuSigned by:
CA.(,l p ikel.A.
'-9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
cc:
Ashley N.Yarsinske, Wildlands Engineering, Inc. ([e-mail])
Katie Merritt, Buffer Banking Coordinator, NCDWR
Lyle Phillips, USACE Raleigh Regulatory Field Office
Anny Reusche, PWS, SEPI, Inc. ([e-mail])
File Copy
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 Emirtinmenr,i amuq 919.707.9000