20231194 Ver 1_Buffer Rule Applicability Concurrence_20231103

Homewood, Sue
From:
Homewood, Sue
Sent:
Friday, November 3, 2023 12:37 PM
To:
Bob Zarzecki
Cc:
Novak, Jim; Ridings, Rob
Subject:
RE: [External] RE: RDU buffer question
:.0
Thank you. DWR concurs with this interpretation.
Please ensure that mitigation is provided (appropriate fees are paid) prior to conducting any of the impacts that trigger
mitigation in accordance with the Neuse Buffer Rules.
Thanks,
Sue Homewood (she/her/hers)
401 & Buffer Permitting Branch
Division of Water Resources
[e-mail] please note my new email address
336 813 1863 mobile
919-707-3679 office
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bob Zarzecki <[e-mail]>
Sent: Monday, October 30, 2023 2:00 PM
To: Homewood, Sue <[e-mail]>
Cc: Novak, Jim <[e-mail]>
Subject: [External] RE: RDU buffer question
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Sue
Thanks for the follow up on this after our meeting last week.
I'm not an attorney so we may need to run this question through council, but my understanding is that
buffer impacts associated with the utilities and road relocations are included as "...work in connection
with an Airport Impacted Property..." under S.L. 2023-137, Section 21.(c)(2) (excerpt below).
(2) Notwithstanding any provisions of the Neuse River Basin Riparian Buffer
Rules, no Authorization Certificate under 15A NCAC 02B .0611(b) shall be
required for any work in connection with an Airport Impacted Property, but
such work shall be required to provide for mitigation in conformance with
applicable Neuse River Basin Riparian Buffer Rules.

So, no Authorization Certificate shall be required for any of these buffer impacts as they're all
associated with work in connection with an Airport Impacted Property, but that the determination of
when mitigation is required to be provided is done "...in conformance with..." the rules.
We then go to the rules to define which use the work and associated buffer impacts fall under in
determining when mitigation is required to be provided to be in conformance with the rule.
• Airport Facilities = use (a)(iii); being the majority of the impacts for the runway construction,
etc., mitigation will be provided as they are cumulatively greater than 1/10th acre (as you
previously confirmed for us)
• City of Raleigh Sanitary Sewer Forcemain Relocation = use (kk) or (ll) Utility— Sewer Lines —
New line Construction; mitigation will be provided for the non -perpendicular Zone 1 impacts;
• Duke Overhead Power Line Relocation = use (pp) or (qq) Utility— Non -sewer aerial lines, -
mitigation will not be provided as it's not required for such impacts under the rule,
• Lumley Road Relocation = use (x) or (y) Road; mitigation will be provided for any non -
perpendicular impacts and impacts greater than 1/10t" acre (per crossing)
Please confirm that you agree with our interpretation here.
We intend to reference S.L. 2023-137 in the application and provide a table clearly defining which
"use" each impact falls under and why mitigation will be provided or not.
Kind regards,
BOB ZARZECKI
Wetlands Department Manager/Vice-President/Principal
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
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From: Homewood, Sue <[e-mail]>
Sent: Monday, October 30, 2023 11:13 AM
To: Bob Zarzecki <[e-mail]>; Novak, Jim <[e-mail]>
Subject: RDU buffer question
Jim & Bob,

Could you please point out where you think the City of Raleigh and Duke utility and NCDOT road relocations that are
proposed with the current airport runway project fall under the definition of "airport facilities" in the Neuse Buffer Rules
and subsequent applicable session laws per our discussion last week.
Thanks,
Sue Homewood (she/her/hers)
401 & Buffer Permitting Branch
Division of Water Resources
[e-mail] please note my new email address
336 813 1863 mobile
919-707-3679 office
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.