HomeMy WebLinkAbout20210986ver2-BUFDocuSign Envelope ID: C8D402C0-858F-4FCD-9974-CB19864D7A4E
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Brandon H. Jones, PE, Division Engineer
NCDOT Division 5
2612 North Duke Street
Durham, NC 27704
NORTH CAROLINA
Environmental Quality
December 2, 2022
DWR # 20210986
Wake County
Subject: APPROVAL OF NEUSE RIPARIAN BUFFER AUTHORIZATION WITH ADDITIONAL
CONDITIONS
NCDOT TIP #W-5601EY: NC Hwy 42 at SR 2727, Wake County.
Dear Mr. Jones:
You have our approval for the impacts listed below for the purpose described in your application received by the
Division of Water Resources (Division) on November 1, 2022. 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 August 2, 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 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
3
6489
N/A
3685
N/A
5
8818
N/A
4830
N/A
Totals
15307
0
8515
0
* 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: 23822 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. [I 5A NCAC 02B.061 I (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 DWR 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.
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: C8D402C0-858F-4FCD-9974-CB19864D7A4E
Additional Conditions:
1. 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].
2. 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].
3. Pursuant to 15A NCAC 02B.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.
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
02B.0714. Please contact Rob Ridings at rob.ridings@ncdenr.gov if you have any questions or concerns.
Sincerely,
DOCUSigned by:
9C9886312DCD474...
Richard E. Rogers, Director
Division of Water Resources
cc: Eric Alsmeyer, USCOE Raleigh Field Office
Chris Murray, Project Engineer, Division 5 Planning & Environmental
Heather Montague, Division 5 Environmental Officer
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
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