20211489 Ver 1_Buffer Approval Letter_20211201

DocuSign Envelope ID:336C3CE9-6741-4FE4-ABF8-6B539578FD3F _
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ROY COOPER sl i:'Governor ?.
ELIZABETH S.BISER
Secretor I.
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y
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
December 1, 2021
DWR#20211489
Durham County
Mr. Marvin Williams, Director,
Department of Public Works
City of Durham
101 City Hall Plaza
3rd Floor
Durham, NC 27701
Subject: APPROVAL OF NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Northern Durham Parkway at SR 1671, Durham County
Dear Mr.Williams:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division), November 23, 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 Permanent Temporary Zone 1 Buffer Permanent Temporary Zone 2 Buffer
Zone 1 Zone 1 Mitigation Zone 2 Zone 2 Impact Mitigation Required
Impact Impact Required Impact (sq ft) (using 1.5:1 ratio)
(sq ft) (sq ft) (using 3:1 ratio) (sq ft)
1 8092 862 N/A 5214 414 N/A
2A 8144 589 N/A 5456 402 N/A
2B 9371 809 28113 5774 632 8661
Totals 25607 2260 28113 16444 1448 8661
*n/a=Total Permanent Impact for Site is less than 1/3 acre,no mitigation required
Total Buffer Impact for Project: 45759 square feet.
D_E North
North CaroSalisburylina DepartmeStreetnt o1617 f i7MailvironmentaServiceE Center Raleigh Quality I Division of WaterNorthCarolina Resou27rces
, 699-1617
NORTH CAROLINA
Department or EnWonmeMI oaircr 919.707.9000

DocuSign Envelope ID:336C3CE9-6741-4FE4-ABF8-6B539578FD3F
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 9371 square feet of protected riparian buffers in Zone 1 and
5774 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 EBX Buffer Mitigation Banks(HUC 03020201) by Resource
Environmental Solutions, 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 26.0714. The
mitigation bank has indicated in a letter dated November 11, 2021 that they have available credits for
satisfying the compensatory mitigation requirements for the above-referenced project. No impacts to
Neuse Riparian Buffers may occur until NC Division of Water Resources receives a copy of payment
receipt for credits purchased from the specified Buffer Mitigation Bank.
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 2B.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 the geographic region) must be
reestablished in the riparian areas within the construction limits of the project, as well as any areas
permitted as temporary buffer impacts, by the end of the growing season following completion of
construction. [15A NCAC 026.0714)] & [15A NCAC 02B.0506(b)(2)]s-)D_E North
512North Carolina DeSalisburypartmeStreet nt of
1617 EnMvironments!ailService Center Raleigh Quailty 1 Division of WaterNorthCarolina Resou27rces
® , 699-1617
NORTH C FOLJNA
Department of EnvIronm aIO ae 919.707.9000

DocuSign Envelope ID:336C3CE9-6741-4FE4-ABF8-6B539578FD3F
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.
,-DocuSigned by:
0,444.1, C-rca ,n,
'-9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
cc:
April Norton, USACE Raleigh Regulatory Field Office
William Sullivan, PWS, Kimley-Horn
Caitlan B. Parker, Resource Environmental Solutions ([e-mail])
Katie Merritt, Buffer Banking Coordinator, NCDWR
File Copy s-)D_E North
512North Carolina DeSalisburypartmeStreet nt of
1617 Environments!MailService Center Raleigh Qua!!ty 1 Division of WaterNorthCarolina Resou27rces
® , 699-1617
NORTH C FOLJNA
Department of ammnmami n�lv 919.707.9000