20220874 Ver 1_Email_20220523

Strickland, Bev
From: Cohn, Colleen M
Sent: Monday, May 23, 2022 9:47 AM
To: [e-mail]
Subject: 7901 Twin Oak Ct, Raleigh Wooden Deck
Attachments: 7901 Twin Oak Ct, Raleigh.pdf; Neuse 15a ncac 02b .0714.pdf; neuse-tarpam-
brochure-v4.pdf; Buffer Request Form rev 05.2022.docx; Example of Riparian Buffer
Impact map.pdf
Good morning!
Thank you for your patience! It does appear that there is a pond feature shown on the USGS Topographic Map and a
stream and pond feature on the NRCS Soil Survey of Wake County. These features would be subject to the Neuse River
Riparian Buffer Rules, which are in effect for the first 50 feet from the top of bank. I've attached a brochure that has an
overview of the State Riparian Buffer Rules for the Neuse and Tar -Pamlico River Basins. I've also attached a copy of the
Neuse River Riparian Buffer Rules, which contains a Table of Uses, and details the restrictions and requirements of the
buffer rules. From our conversation, I am understanding that you are wanting to add an uncovered slatted wooden deck.
A snippet of the rules concerning slatted uncovered wooden decks is below:
Deemed
Allowable
Allowable
Upon
Authoiir,nion
Allowable with
Mitigation Upon
Authoriration
Prohibited
(bb)Slatted uncovered decks, including steps and Support
pasts, Which are associated with a dwelling. provided
that it meets the requiremerns of Items (8) and (9) of
this Ride and:
(i) Installation does not result in removal of
vegetation in ZOELC 1
X
(ii) Installation resuIIS in icrnov'ai of vegetation in
Zone I
Both require a Buffer Authorization, but the removal of vegetation in Zone 1 (within 30 feet of the stream feature)
would require mitigation.
It sounds like there are two paths forward for you to choose from:
Buffer Determination:
If you believe the stream feature on the property is ephemeral (stormwater only) and therefore NOT subject to the
buffer rules, you can request a Buffer Determination by completing the attached "Buffer Request Letter" and emailing it
to my colleague, Josh Brigham, at [e-mail] . Once the request has been received, it will be assigned
to a RRO staff member, who would come to the site to conduct a Buffer Determination. Again, if the Buffer
Determination concludes that the stream feature on your property is NOT subject, then you would not need a Buffer
Authorization (below). If the Buffer Determination concludes that the stream feature IS subject, then a Buffer
Authorization would be required.
Buffer Authorization:
If you are not contesting that the stream feature is subject to the buffer rules (or if you have a Buffer Determination
completed and it concludes that the stream IS subject to the buffer rules), you would need to obtain a Buffer
Authorization.
l

You can complete an electronic version of the Buffer Authorization Request form here:
https://edocs.deq.nc.gov/Forms/Buffer-Authorization
Here is a link to a Help Document: https://files.nc.gov/ncdeq/Water Quality/Surface Water Protection/401/Certs and
Permits/BA08-2018 OnlineBufferAuthHelp final11-6-18.pdf
Please note that the Raleigh Regional Office is experiencing a high volume of applications at this time, and it may be 60
days before the application is reviewed.
Some helpful information for the application:
• The nearest body of water is Unnamed Tributary to Mine Creek (Stream Index 27-33-14). The classification is
C;NSW.
• Under Project Description it will ask for an excerpt to the most recent USGS topo map and NRCS Soil survey.
Please upload a copy of the "7901 Twin Oaks Ct, Raleigh" pdf that is attached to this email to satisfy that
requirement.
• This project is in the Neuse River Basin.
• Please attach a sketch of the proposed impacts to the application. The sketch will need to show the locations of
Zone 1 and Zone 2 of the buffer. I've attached an example of a Riparian Buffer Impact Map to this email.
• In the Proposed Impacts Inventory, please list the impact (for example, "Slatted Uncovered Deck"). You will need
to know the square footage of impacts within 30 feet of the stream (Zone 1) AND the square footage of impacts
between 30 and 50 feet of the stream (Zone 2).
• Slatted uncovered decks that remove vegetation in Zone 1 are allowable with mitigation upon authorization.
Mitigation is at a 3:1 ratio for Zone 1 impacts and 1.5:1 ratio for Zone 2 impacts (for example, 1 sq ft of Zone 1
impacts would need 3 sq ft of Zone 1 mitigation.) You must seek mitigation from a private mitigation bank and
then if not available, then the NC Division of Mitigation Services can be contacted. A statement of availability
will be required when you submit the application. Link to view mitigation banks:
https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting/nutrient-
offset-buffer-mitigation-program
Please feel free to reach out if you have any questions.
Thanks!
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
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