20220283 Ver 1_20220283.docx_20220223

DocuSign Envelope ID:3883586F-ED2C-4E67-9E40-96BE8CF8F90E
ROY COOPER —
Governor
ELIZABETH S.BISER inn
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
February 23, 2023
DWR#20220283
Wake County
Mr. Eric Kulz
Town of Cary
PO Box 8005
Cary, NC 27512-8005
Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Town of Cary Project: Sidewalk on Sorrell Street, Wake County
Dear Mr. Kulz,
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division), February 22, 2022.These impacts are covered by
the Neuse Buffer Rules and the conditions 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)
Total 324 N/A 265 N/A
*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: 589 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)]
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.
D ��� North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORrHcaHounn
oewmneo of­imen,oma�o ; /`� 919.707,9000

DocuSign Envelope ID:3883586F-ED2C-4E67-9E40-96BE8CF8F90E
The permittee shall report to the NC 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. 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 Transportation 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 0213.07141
2. Pursuant to 15A NCAC 213.0714. 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.
3. 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 0213.0714] & [15A NCAC 02B.0506(b)(2)]
4. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,
unless otherwise approved by this certification. [15A NCAC 02B.0714]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification 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.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee,then the party must also serve the recipient
of the Certification in accordance with N.C.G.S 15013-23(a).
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699-1617
NORTHCAROLINA
� d�^��^ o�\ r 919.707.9000

DocuSign Envelope ID:3883586F-ED2C-4E67-9E40-96BE8CF8F90E
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.
Sincerely,
DocuSigned by:
9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
cc:
DWR Transportation 401 & Buffer Permitting Branch electronic file
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