20210926ver2-BUF

DocuSign Envelope ID: BF05A627-3251-4DC7-A4B5-88257E674BB0
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Jamie Lancaster, Acting Unit Head
NCDOT Environmental Analysis Unit
1598 Mail Service Center
Raleigh, NC 27699-1598
NORTH CAROLINA
Environmental Quality
September 14, 2022
DWR # 20210926 ver 2
Wake County
Subject: MODIFICATION of APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
NCDOT TIP #U-5748: US 401 at SR 2044 & SR 2224, Wake County
Dear Mr. Lancaster:
You have our approval for the revised 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. This Approval replaces the one issued on November 10, 2021.
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)]
Revised Neuse Riparian Buffer Impacts
Site
Zone 1
Impact
(sq ft)
minus
Wetlands
in Zone 1
(sq ft)
= Zone 1
Buffers
(not
wetlands)
(sq ft)
Zone 1 Buffer
Mitigation
Required
(using 3:1
ratio)
Zone 2
Impact
(sq ft)
minus
Wetlands
in Zone 2
(sq ft)
= Zone 2
Buffers
(not
wetlands)
(s ft
Zone 2 Buffer
Mitigation
Required
(using 1.5:1
ratio)
2
11170
0
11170
N/A
7735
0
7735
N/A
4
2625
0
2625
N/A
1836
0
1836
N/A
5
2854
0
2854
N/A
1504
0
1504
N/A
6
18329
8333
9996
29988
11898
0
11898
17847
7
19112
0
19112
57336
6397
0
6397
9595
8
2640
1055
1585
4755
1782
0
1782
2673
9
8674
0
8674
N/A
5347
0
5347
N/A
10
48553
2682
45871
137613
33525
0
33525
50288
11
2570
0
2570
7710
1528
0
1528
2292
12
3447
0
3447
N/A
2184
0
2184
N/A
13
0
0
0
0
0
0
0
0
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000

DocuSign Envelope ID: BF05A627-3251-4DC7-A4B5-88257E674BB0
2-Utility
828
0
828
N/A
494
0
494
N/A
Totals
120802
12070
108732
237402
74230
0
74230
82695
* n/a = Site Impact Allowable, no mitigation required
Total Revised Buffer Impact for Project: 195032 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.
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 79134 square feet of protected riparian buffers in Zone 1 and
55130 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 2B
.0295. The DMS has indicated in a letter dated September 9,2022 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 0213.0714]
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 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.
��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
0_p Mo Emimnmen quay

DocuSign Envelope ID: BF05A627-3251-4DC7-A4B5-88257E674BB0
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 02B.0714].
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 [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,
E
DOCUSignned by:
YYt W 1.�,(,L�PY1(AJf�.
9C9886312DCD474_.
Richard E. Rogers, Jr, 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
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
onparhnem of EmironmanW 9uallly