HomeMy WebLinkAbout20090136 Ver 10_Buffer Approval Letter_20231002DocuSign Envelope ID: F4151 B49-DB6D-4B04-AD83-6B1786063E5F
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Brad West, AICP CZO
Planning Manager
Town of Wake Forest
301 South Brooks Street
Wake Forest NC 27587
bwest@wakeforestnc.gov
NORTH CAROLINA
Environmental Quality
October 2, 2023
DWR # 20090136 ver 10
Wake County
Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Dunn Creek Greenway Phase III, Wake County
Dear Mr. West:
You have our approval for the impacts listed below for the purpose described in your application dated
received by the Division of Water Resources (Division) on August 25, 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.
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)]
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CAROL Na 919.707.9000
DocuSign Envelope ID: F4151 1349-D136D-41304-AD83-6131786063E5F
Neuse Riparian Buffer Impacts
Site
Permanent Zone 1 Impact
(sq ft)
Temporary Zone 1
Impact (sq ft)
Permanent Zone 2 Impact
(sq ft)
Temporary Zone 2
Impact (sq ft)
1
470
751
720
568
2
601
757
1614
537
3
848
1259
657
728
4
821
1298
621
755
5
0
0
477
403
6
0
0
237
557
7
4043
2161
7398
4209
8
2051
1167
3468
873
9
669
330
512
204
10
13675
6356
13167
6802
11
1037
401
624
321
12
4415
779
716
425
13
61
90
0
0
14
2552
663
467
131
15
10479
9547
3466
4174
16
1593
567
1136
553
17
1149
883
1541
846
18
5351
2968
5085
2520
19
3377
2074
1555
1167
Totals
53192
26030
49542
25773
Total Buffer Impact for Project:154537 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. [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.
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CARou Na 919.707.9000
DocuSign Envelope ID: F4151 1349-D136D-41304-AD83-6131786063E5F
The permittee shall report to the NC Division of Water Resrouces 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.
Conditions of Approval:
1. 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 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]
2. 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.
3. 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]
4. Native riparian vegetation (i.e, trees and shrubs native to the 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)]
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.
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHcaaD_NA 919.707.9000
DocuSign Envelope ID: F4151 1349-D136D-41304-AD83-6131786063E5F
This letter completes the review of the Division under the Neu se Riparian Buffer Rules as described in
15A NCAC 02B.0714. Please contact Rob Ridings at 919-707-8786 or rob.ridings@deq.nc.gov if you have
any questions or concerns.
Sincerely,
DocuSigned by:
4F4DD2F21EA846E...
Richard E. Rogers, Jr., Director
Division of Water Resources
Cc:
Richard G. Harmond, USACE Raleigh Regulatory Office (Richard.G.Harmon@usace.army.mil)
Mackenzie Richards, PWS, Kimley-Horn (mackenzie.richards@kimley-horn.com)
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
D Q�� 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CAROL NA " 919.707.9000