20240672 BA

DocuSign Envelope ID: 2DOA1B34-3F1F-4ABA-B730-E94ADAOFC80E
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Errwtronr errtaf Quality
May 15, 2024
DWR # 20240672
Craven County
Mr. Michael Turchy
Environmental Coordination and Permitting Group Leader
Environmental Analysis Unit
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS for the
proposed Upgrade to US 70 from Thurman Road to the Havelock Bypass in Craven County.
TIP R-5777C.
Dear Mr. Turchy:
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) February 7, 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.
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 .07141
If you are unable to comply with any of the conditions below, you must notify the Washington Regional
Office 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 Washington Regional Office Regional Office 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.
The following impacts are hereby approved, provided that all of the Conditions listed below and all of
the conditions of the Neuse Buffer Rules [15A NCAC 02B .0714] are met. No other impacts are
approved, including incidental impacts.
North Carolina Department of Environmental Quality I Division of Water Resources
� bffE Q�: �� P 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 2DOA1B34-3F1F-4ABA-B730-E94ADAOFC80E
DWR# 20240672
Buffer Authorization Certificate
Page 2 of 5
Riparian Buffer Impacts in the Neuse River Basin
Site
Zone 1
Impact
(sq ft)
minus
Wetlands
in Zone 1
(sq ft)
= Zone 1
Buffers
(not
wetlands)
(sq ft)
Zone 1
Buffer
Mitigation
Required
(using 3:1
ratio)
Zone 2
Impact
(sq ft)
minus
Wetlands
in Zone 2
(sq ft)
= Zone 2
Buffers
(not
wetlands)
(sq ft)
Zone 2
Buffer
Mitigation
Required
(using 1.5:1
ratio)
1
4341
0
4341
n/a
1002
0
1002
n/a
7-1
14348
1
14347
43041
9430
23
9407
14111
7-2
15634
8046
7588
22764
7634
74
7560
11340
8
14035
258
13777
41331
8439
0
8439
12659
11
4005
0
4005
n/a
2651
0
2651
n/a
12
11863
0
11863
35589
7919
0
7919
11879
13
3072
0
3072
n/a
1628
0
1628
n/a
14
10697
0
10697
32091
7105
0
7105
10658
16
3802
0
3802
n/a
1503
0
1503
n/a
23
5493
0
5493
n/a
3518
0
3518
n/a
24
10307
0
10307
n/a
3839
0
3839
n/a
Total
97,597
8,305
89,292
174,816
54,668
97
54,571
60,647
Total Buffer Impact = 152,265 square feet
n/a = allowable activity or less than 1/3 ac impact, no mitigation required.
Additional Conditions:
1. There are 10,071 square feet of buffer impacts associated with utilities at Sites 7, 8, 23, and 24
combined. These impacts are either deemed allowable or already accounted for under impacts
for the road crossing and not included in in the table above.
2. This approval is associated with Water Quality Certification No. WQC006842 that was issued on
May 15, 2024, for the subject activity.
3. Compensatory mitigation for impacts to 58,272 square feet of protected riparian buffers in Zone 1
and 40,430 square feet of protected riparian buffers in Zone 2 shall be required. Applying a 3:1 ratio
for Zone 1 impacts and a 1.5:1 ratio for Zone 2 impacts results in a mitigation requirement of
174,816 square feet and 60,645 square feet respectively (refer to the buffer impact table for a
breakdown of mitigation totals). We understand that you have chosen to perform compensatory
mitigation for impacts to protected buffers through use of the North Carolina Division of Mitigation
Services (DMS). Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided in
the Neuse River Basin and done in accordance with 15A NCAC .02B .0295. The DIMS has indicated in
a letter dated February 5, 2024 that they will assume responsibility for satisfying the compensatory
mitigation requirements for the above -referenced project, in accordance with DMS's Mitigation
Banking Instrument signed June 14, 2016.
D_ _
' 1�1
E � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 2DOA1B34-3F1F-4ABA-B730-E94ADAOFC80E
DWR# 20240672
Buffer Authorization Certificate
Page 3 of 5
4. The issuance of this certification does not exempt the Permittee from complying with any and
all statutes, rules, regulations, or ordinances that may be imposed by other government
agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable
buffer rules, stormwater management rules, soil erosion and sedimentation control
requirements, etc.
5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2)]
6. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
7. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. [15A NCAC 02H.0506(b)(2)]
8. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion
so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H
.0506(b)(2) and 15A NCACO2B.0200]
9. Sediment and erosion control measures shall not be placed in wetlands or surface waters or
within 5 feet of the top of bank without prior approval from DWR. [15A NCAC 02H.0506(b)(2) and
15A NCAC 02H .0507(c)]
10. Erosion control matting in riparian areas shall not contain a plastic or nylon mesh grid which can
impinge and entrap small animals. Matting should be secured in place by staples, stakes, or
wherever possible live stakes of native trees. [15A NCAC 02H.0506(b)(2) and 15A NCAC 02H
.0507(c)]
11. If placement of sediment and erosion control devices in the riparian buffer is unavoidable, then
design and placement of temporary erosion control measures shall not be conducted in a manner
that may result in dis-equilibrium of buffers, stream beds, or banks, adjacent to or upstream and
downstream of the above structures. All sediment and erosion control devices shall be removed
from buffers and waters and the natural grade restored within two (2) months of the date that the
project was completed and stabilized. [15A NCAC 02H.0506(b)(2) and 15A NCAC 02H .0507(c)]
12. Pursuant to 15A NCAC 2B .0714 (11)(ff), all riparian buffers impacted by temporary fill or
clearing activities or temporary sediment and erosion control devices shall be restored to
preconstruction topographic and hydrologic conditions and replanted with comparable
vegetation within two months of when construction is complete.
13. Stormwater runoff into the riparian buffer shall meet dispersed flow as defined in 15A NCAC
02H .1002 except as otherwise described in 15A NCAC 2B .0714(9).
North Carolina Department of Environmental Quality I Division of Water Resources
e:!;:fQEQ 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
' mm` 919.707.9000

DocuSign Envelope ID: 2DOA1B34-3F1F-4ABA-B730-E94ADAOFC80E
DWR# 20240672
Buffer Authorization Certificate
Page 4 of 5
14. The permittee and its authorized agents shall conduct its activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with §303(d) of the
Clean Water Act) and any other appropriate requirements of State and Federal law. If the NCDWR
determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that State or federal law is being violated, or that further conditions
are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [[15A
NCAC 02H.0507(c)]
15. Upon completion of the project, the applicant shall complete the "Certification of Completion Form"
to notify the NCDWR when all work included in the Buffer Authorization has been completed. [15A
NCAC 02H.0507(c)]
16. A copy of this Approval shall be maintained on the construction site at all times. In addition, the
Approval and all subsequent modifications, if any, shall be maintained with the on -site project
manager. [15A NCAC 02H .0507(c)]
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 [phone].
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
� bffE Q�: �� P 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 2DOA1B34-3F1F-4ABA-B730-E94ADAOFC80E
DWR# 20240672
Buffer Authorization Certificate
Page 5 of 5
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in
15A NCAC 02B .0714. Please contact Garcy Ward at 252-948-3917 or [e-mail] if you
have any questions or concerns.
Sincerely,
E
DOCUSigned by:
��,(,L�141:A i�.
9C9886312DCD474_.
Richard E. Rogers, Jr., Director
Division of Water Resources
cc:
Tom Steffens, USACE, Washington Field Office
Stephen Lane, INC Division of Coastal Management
Cathy Brittingham, NC Division of Coastal Management
Jay Johnson, INC Department of Transportation, Division Two
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
Garcy Ward, NC Division of Water Resources, Washington Regional Office
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
� bffE Q�: �� P 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000