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HomeMy WebLinkAbout20240179 Ver 1_Buf Approval Letter_20240207DocuSign Envelope ID: 45E75955-8C9A-45FF-BBED-E616AD50534E ROY COOPER Governor ELIZABETH S. B1SER Secretary RICHARD E. ROGERS, JR. Director Mr. Keith Eason, PE, Division Engineer NCDOT Division 4 PO Box 3165 Wilson, NC 27895 dkeason@ncdot.gov NORTH CAROLINA Environmental Quality February 7, 2024 DWR #20240179 Wayne County Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS NCDOT Project: BP4.R015, Bridge 66 on SR 1236, Wayne County. Dear Mr. Eason: 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 January 29, 2024. 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 Jordan Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B.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) Bridge 2698 N/A 826 N/A Parallel 0 0 1028 1542 Totals 2698 0 1854 1542 * n/a = Impact Allowable, No mitigation required Total Buffer Impact for Project: 4552 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 CARou Na 919.707.9000 DocuSign Envelope ID: 45E75955-8C9A-45FF-BBED-E616AD50534E 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 2B.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. Compensatory mitigation for impacts to 1028 square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of the NCDOT's Marks Creek Mitigation Site. Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided via deduction of 1542 square feet of Buffer Restoration Credits at the Marks Creek Mitigation Site in accordance with 15A NCAC 213.0295, as stated in your application and the included debit ledger. 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 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. 4. 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 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)] 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 NoalHCaao_wa 919.707.9000 DocuSign Envelope ID: 45E75955-8C9A-45FF-BBED-E616AD50534E 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 maybe 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 2B.0714. Please contact Rob Ridings at rob. ridings@deq.nc.gov or 919-707-8786 if you have any questions or concerns. cc: Sincerely, DocuSigned by: 4F4DD2F21EA846E... Richard E. Rogers, Jr., Director Division of Water Resources Kyle Barnes, USACE Washington Regulatory Field Office (kyle.w.barnes@usace.army.mil) Garry Wright, Division 4 Environmental Officer (glwright@ncdot.gov) File Copy 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