20200349ver3-BUF

DocuSign Envelope ID: OAEBE740-F581-4F47-9C49-41382180794C
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 26, 2022
DWR # 20200349 ver 3
Wake County
Mr. Rich Kelly, Director of Engineering Services
City of Raleigh
One Exchange Plaza
Suite 801
Raleigh, NC 27601
Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
TIP# HL-0052, SR 1670, City of Raleigh
Dear Mr. Kelly:
You have our approval for the impacts listed below for the purpose described in your application
received on August 23, 2022 by the NC Division of Water Resources. 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. This approval replaces the one issued July 1, 2021.
No other impacts are approved, including incidental impacts. 15A NCAC 0213.0611(b)(2).
Neuse Riparian Buffer Impacts
Site
Zone 1 Impact
(sq ft)
Zone 1 Buffer Mitigation
Required (using 3:1 ratio)
Zone 2 Impact
(sq ft)
Zone 2 Buffer Mitigation
Required (using 1.5:1 ratio)
1 -Greenway
725
N/A
2366
N/A
1 -Stabilization
7029
N/A
163
N/A
2 -Greenway
501
N/A
1999
N/A
2 Road
3417
10251
68
102
2 - Temp
2994
N/A
2650
N/A
3 -Greenway
2967
N/A
4309
N/A
3 Utility
0
N/A
143
N/A
3 — Road
5655
16965
1060
1590
3 — Temp.
526
N/A
0
N/A
4 —Road
5169
15507
3472
5208
Totals
28983
42723
16230
6900
Total Buffer Impact for Project: 45213 square feet.
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
p���,.1�.n��wo�a\ �/ 919.707.9000

DocuSign Envelope ID: OAEBE740-F581-4F47-9C49-41382180794C
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 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. Mitigation must be provided for the proposed impacts of 14242 square feet of Zone 1 Neuse Riparian
Buffers and 4600 square feet of Zone 2 Neuse Riparian Buffers. The Division has received a Mitigation
Credit Transfer Certificate letter from Resource Environmental Solutions (RES), LLC, dated January 5,
2022 to meet this mitigation requirement. The specific bank sites to be debited is the Hannah Bridge
Bank for 6146.5 sq ft and Polecat Bank for 43476.5 sq ft; both located in HUC 03020201. For accounting
purposes, this Certification authorizes this payment to RES to meet the required compensatory
mitigation requirement [15A NCAC 02B .0714].
2. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities,
unless otherwise approved by this certification. [15A NCAC 2B.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 DOT 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 2B.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 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] & [15A NCAC 02B.0506(b)(2)]
��� 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: OAEBE740-F581-4F47-9C49-41382180794C
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).
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,
E
DOCUSigned by:
iM:A i�
� l�W ��.
9C9886312DCD474_.
Richard E. Rogers, Jr, Director
Division of Water Resources
Cc:
Lyle Phillips, USCOE, Raleigh Regulatory Office
Mackenzie Richards, Kimley-Horn
William Sullivan, Kimley-Horn
Katie Merritt, Buffer Banking Coordinator, NC DWR
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
naparMeM of EmironmanW 9uallly