20171062_V2_Bridge 94_ Chatham_Buffer Cert_9-22-23

DocuSign Envelope ID: 48F294F7-8206-4D35-863C-D08138499EA2
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 22, 2023
Chatham County
NCDWR Project No. 20171062.V2
NCDOT TIP Project SF-180094
Replacement of Bridge 94 on SR 1520
(Old Graham Road)
APPROVAL of Jordan Lake Water Supply Riparian Buffer Impacts with Additional Conditions
for:
NCDOT TIP Project SF-180094 Replacement of Bridge 94 on SR 1520 (Old Graham Road)
Dry Creek in the Cape Fear (CPF03); Index No. 16-34-(0.7); Water Supply (WS-IV, NSW)
Dear Mr. Art King:
You have our approval for the impacts listed below for the purpose described in your application dated
August 24, 2023, received by the Division of Water Resources. These impacts are covered by Jordan Lake
Water Supply Watershed Riparian Buffer Protection 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 the conditions listed below, and all the
conditions of the Jordan Lake Supply Watershed Riparian Buffer Rules are met. No other impacts are
approved, including incidental impacts. (15A NCAC 02B .0267).
Jordan Lake Water Supply Watershed Riparian Buffer Impacts
Zone 1 -Buffer
Zone 2 Buffer
Site
Zone 1
Impact (sq ft)
Mitigation
Required (3:1
Zone 2
Impact (sq ft)
Mitigation
Required (1.5:1
ratio)
rat! o
Bridge
4171
0
104
0
Roadway
1 93
1 0
1199
0
1 4264
0
1303
0
TOTAL
* n/a = Total for Site is less than 1/3 acre and 300 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 5,567 square feet.
The project shall be constructed in accordance with your application dated received on August 24, 2023.
After reviewing your application, we have decided that these impacts are covered by Individual Water
Quality Certification Number 6199. This certification corresponds to the General Permit 2023-01679
issued by the Corps of Engineers on September 22, 2023. This approval is also valid for the Jordan Lake

DocuSign Envelope ID: 48F294F7-8206-4D35-863C-D08138499EA2
Riparian Buffer Rules (15A NCAC 213.0267). In addition, you should acquire any other federal, state or local
permits before you proceed with your project including (but not limited to) Sediment and Erosion Control,
Non -Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying
404 permit.
Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams, shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter
less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts
and other structures including temporary erosion control measures shall not be conducted in a manner
that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down
stream of the above structures. The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or
other limiting features encountered during construction, please contact the NCDWR for guidance on how
to proceed and to determine whether or not a permit modification will be required. [15A NCAC
02H.0506(b)(2)]
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). The permittee shall report any
noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated
riparian buffer rules (15A NCAC 02B .0267).
If you are unable to comply with any of the conditions below, you must notify Ryan Conchilla with the
Transportation Permitting Branch at [e-mail] within 24 hours (or the next business
day if a weekend or holiday) from the time the permittee becomes aware of the circumstances.
Special Conditions:
Dry Creek is class WS-IV; NSW waters of the State. The NCDWR is very concerned with sediment
and erosion impacts that could result from this project. The NCDWR recommends that highly
protective sediment and erosion control BMPs be implemented to reduce the risk of nutrient
runoff to Dry Creek. Post -construction stormwater BMPs should, to the MEP, be selected and
designed to reduce nutrients. Projects within the Jordan Lake watershed must implement
NCDOT's GREEN Program.
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 .0267)
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 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
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
_ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
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DocuSign Envelope ID: 48F294F7-8206-4D35-863C-D08138499EA2
native woody species before the next growing season following completion of construction. (15A
NCAC 02B .0267)
3. Pursuant to 15A NCAC 2B .0267, sediment and erosion control devices shall not be placed in Zone
1 of any Jordan Lake Water Supply Watershed Riparian Buffer without prior approval by
NCDWR. At this time, 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 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].
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 Jordan Lake Water Supply Watershed Riparian
Buffer Protection Rules as described in 15A NCAC 02B. 0267. Please contact Ryan Conchilla at
[e-mail] if you have any questions or concerns.
Sincerely,
E
DOCUSigned by:
YVI W ��,(,L�141:A i�.
9C9886312DCD474_.
Richard E. Rogers, Jr.
Division of Water Resources
Cc:
Steven Brumagin, US Army Corps of Engineers, Raleigh Field Office
Beth Harmon, Division of Mitigation Services
NORTH CAROLINAD_ E Q�//
oepm eM of eammnmeMM Quality l�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000