HomeMy WebLinkAbout20240034ver2-BufferDocuSign Envelope ID: 74167C69-A498-484B-92B7-53B194BEF793
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 22, 2024
DWR # 20240034 ver 2
Wake County
Ms. Chelsea Stern, Transportation Department
Town Of Cary
316 North Academy Street
Cary, NC 27513
chelsea.stern@carync.gov
Subject: MODIFICATION of APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
PROJECT: West Chatham Street Sidewalks, Wake County
Dear Ms. Stern:
You have our approval for the impacts listed below for the purpose described in your application
revision received by the Division of Water Resources (Division) on April 10, 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 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
Permanent Zone 1
Impact (sq ft)
Temporary Zone 1 Impact
(sq ft)
Permanent Zone 2
Impact (sq ft)
Temporary Zone 2 Impact
(sq ft)
Totals
2237
334
1406
247
Revised Total Buffer Impact for Project: 4224 square feet.
This approval is for the purpose and design described in your application. This approval replaces the
one issued February 6, 2024. 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
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
919.707.9000
DocuSign Envelope ID: 74167C69-A498-484B-92B7-53B194BEF793
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. 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 Department of Transportation 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 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.
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 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 0213.07141 & [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 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
��� 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: 74167C69-A498-484B-92B7-53B194BEF793
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.
Sincerely,
/�DocuSigned by:
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Rich 9 VfS471r., Director
Division of Water Resources
cc:
Rachel Capito, USACE Raleigh Field Office (Rachel.A.Capito@usace.army.mil)
Emma Radford, WPIT, CA, Kimley-Horn (emma.radford@kimley-horn.com)
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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