20211334 Ver 1_Buffer Approval Letter_20211209

DocuSign Envelope ID: 19BEF69F-2F88-4200-8464-76539D1059A0
ROY COOPER —
Governor
ELIZABETH S.BISER inn
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
December 9, 2021
DWR#20211334
Wake County
Mr. Chris Ray, Public Works Director
Town of Zebulon
450 East Horton Street,
Zebulon, NC 27597
Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Town of Zebulon Project: SR 2320 Intersection at Shepard School Road, Wake County
Dear Mr. Ray:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division), December 1, 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 Impact Zone 1 Buffer Mitigation Zone 2 Impact Zone 2 Buffer Mitigation
(sq ft) Required (using 3:1 ratio) (sq ft) Required(using 1.5:1 ratio)
1- 494 N/A 291 N/A
Crossing
1- 1594 4782 700 1050
Parallel
2 1962 N/A 1229 N/A
3 2045 N/A 1293 N/A
4 613 N/A 982 N/A
5 572 N/A 516 N/A
Totals 7280 4782 5011 1050
*n/a=Site impact Allowable:No mitigation required
Total Buffer Impact for Project: 12291 square feet.
D ��� North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699-1617
NORrHcaHounn
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DocuSign Envelope ID: 19BEF69F-2F88-4200-8464-76539D1059A0
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
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 1594 square feet of protected riparian buffers in Zone 1 and
700 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 Kittrell Hill Buffer Mitigation Bank(HUC 03020203) by Eco Terra
Partners, LLC for unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River
Basin and done in accordance with 15A NCAC 213.0295 and 15A NCAC 213.0714. The mitigation bank has
indicated in a letter dated November 4, 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. rules [15A NCAC 02B.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 02B.0714]
4. Pursuant to 15A NCAC 026.0714, 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 by the end of the growing
season following completion of construction. [15A NCAC 02B.0714] & [15A NCAC 02B.0506(b)(2)]
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
NORTHCAROLINA
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DocuSign Envelope ID: 19BEF69F-2F88-4200-8464-76539D1059A0
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(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 0213.0714. Please contact Rob Ridings at [e-mail] or 919-707-8786 if you
have any questions or concerns.
Sincerely,
DocuSigned by:
9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
cc:
Lyle Phillips, USACE Raleigh Regulatory Field Office
Amanda Johnson, PWS, WSP USA Inc ([e-mail])
Katie Merritt, Buffer Banking Coordinator, NCDWR
File Copy
D E Q�� 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
NORTH CA"" �
& ..^ o�\ r 919.707.9000