HomeMy WebLinkAbout20191233ver4-BUFDocuSign Envelope ID: 908781 BO-4567-4D5F-AC05-BFA03A9514C7
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 13, 2023
DWR # 20191233 ver.4
Wake County
Ms. Lisa Schiffbauer, Senior Greenway Planner
City of Raleigh
222 West Hargett Street
Suite 601
Raleigh, NC 27601
Subject: MODIFICATION APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
Project: Crabtree Creek West Greenway; TIP #C-5604-OD
Dear Ms. Schiffbauer:
You have our approval for the impacts listed below for the purpose described in your application
received by the NC Division of Water Resources October 24, 2022 and revised April 12, 2023. 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 ones issued on March 18, 2021 and November 30,
2022.
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)
Zone 2 Impact (sq ft)
1
2733
4635
2
10745
12124
3
4729
4563
4
4012
10924
5
11889
13610
6
5214
6483
7
4068
4839
8
17484
15614
9
6549
12160
10
20654
15625
11
473
1279
Totals
88550
101856
Total Revised Buffer Impact for Project: 190406 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.P.b..d.1�.nw 919.707.9000
DocuSign Envelope ID: 908781130-4567-41D5F-AC05-13FA03A9514C7
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. Riparian Buffer impacts cleared for construction access that are not in the permanent footprint of
greenway corridor shall be temporary in nature, and replanted. 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)]
2. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities,
unless otherwise approved by this certification. [15A NCAC 213.0714]
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 213.0714]
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
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DocuSign Envelope ID: 908781130-4567-41D5F-AC05-13FA03A9514C7
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 rob.ridings@ncdenr.gov if you have any questions
or concerns.
Sincerely,
DOCUSigned by:
ll Y�I W 4,(,L�141:A i�.
9C9886312DCD474...
Richard E. Rogers, Jr, Director
Division of Water Resources
Cc:
Lyle Phillips, US Army Corps of Engineers, Raleigh Field Office
David Cooper, VHB
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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