20210926 Ver 1_Buffer Approval Letter_20211110

DocuSign Envelope ID: 43AD68AC-3B5E-4C72-AA9D-88BA25578D3D
ROY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Mr. Philip S. Harris, III, P.E., CPM
Environmental Analysis Unit Head
1598 Mail Service Center
Raleigh, NC 27699-1598
NORTH CAROLINA
Environmental Quality
November 10, 2021
DWR # 20210926
Wake County
Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
NCDOT TIP #U-5748: US 401 at SR 2044 & SR 2224, Wake County
Dear Mr. Harris:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) dated November 5, 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
Impact Wetlands Buffers
(sq ft) in Zone 1 (not
(sq ft) wetlands)
(sq ft)
2 11170 0 11170
4 2625 0 2625
5 2854 0 2854
6 18329 8333 9996
7 6586 0 6586
8 2640 1055 1585
9 8674 0 8674
10 48553 2682 45871
11 2570 0 2570
12 3447 0 3447
13 1876 0 1876
2-Utility 828 0 828
Totals 110152 12070 98082
Zone 1 Buffer
Mitigation
Required
(using 3:1
ratio)
N/A
N/A
N/A
29988
N/A
4755
N/A
137613
7710
N/A
5628
N/A
185694
Zone 2 minus = Zone 2
Impact Wetlands Buffers
(sq ft) in Zone 2 (not
(sq ft) wetlands)
(sq ft)
7735 0 7735
1836 0 1836
1504 0 1504
11898 0 11898
3856 0 3856
1782 0 1782
5347 0 5347
33525 0 33525
1528 0 1528
2184 0 2184
792 0 792
494 0 494
72481 0 72482
Zone 2 Buffer
Mitigation
Required
(using 1.5:1
ratio)
N/A
N/A
N/A
17847
N/A
2673
N/A
50288
2292
N/A
1188
N/A
74288
* n/a = Site Impact Allowable, no mitigation required
Total Buffer Impact for Project: 182633 square feet.
fD_E
NORTH CAROLINA
ILapa,hnanl I,pnmpMal [wally
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 43AD68AC-3B5E-4C72-AA9D-88BA25578D3D
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 Division of Water Resources any noncompliance with the conditions of
this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
026.0714]. 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 61898 square feet of protected riparian buffers in Zone 1 and
49525 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 26
.0295. The DMS has indicated in a letter dated October 26, 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 026.0714]
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 026.0714].
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 (i.e. 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 026.0714].
NORTD
Department of &Mmb nmel CAROLJNA
OmJlb\
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
919.707.9000

DocuSign Envelope ID: 43AD68AC-3B5E-4C72-AA9D-88BA25578D3D
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 02B.0714. Please contact Rob Ridings at [e-mail] or 919-707-8786 if you
have any questions or concerns.
cc:
Sincerely,
DocuSigned by:
all, ppti
"-9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
Andy Williams, USACE Raleigh Regulatory Field Office
Heather Montague, NCDOT Division 5 Environmental Officer
Chris Rivenbark, NC Department of Transportation
Jason Dilday, NC Department of Transportation
Beth Harmon, Division of Mitigation Services
File Copy
NORT�D
Department of &Mmnmebl OmJlb\
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
919.707.9000