20100635 Ver 1_Approval Letter_20100819

I
Aa
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 19, 2010
Pitt County
DWQ Project No. 20100635
APPROVAL of NEUSE RIVER BUFFER RULES AUTHORIZATION CERTIFICATE with ADDITIONAL
CONDITIONS
Mr. Jay Johnson
North Carolina Department of Transportation
P.O. Box 1587
Greenville, NC 27835
Dear Mr. Johnson:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
road improvements on SR 1711 (Worthington Road) in Pitt County:
Buffer Imnacts in the Neuse River Basin
Buffer Zonel Buffer Zone2
Site Number s ft s ft
SR 1711 4,160 2,745
Net Total 6,905
Impacts
The project shall be constructed according to your application dated received August 3, 2010 and any conditions listed
below. This approval shall act as your Authorization Certificate as required within the Neuse River Riparian Buffer
Rules (15A NCAC 2B .0233). In addition, you should get any other required federal, state of local permits before you
go ahead with your project including (but not limited to) Sediment and Erosion Control.
This approval is only valid for the purpose and design that you described in your application dated August 3, 2010. If
you change your project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this authorization and approval letter and is thereby responsible for
complying with all conditions. For this approval to be valid, you must follow the conditions listed below.
I. The pemtittee 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 DWQ 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, DWQ may reevaluate and
modify this certification.
2. 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.
3. 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.
4. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
North Carolina Division of Water Quality Internet wNva nc?cateruto litc.ore One
943 Washington Square Mall Phone: [phone] NorthCaroll/ina
Washington, NC 27889 FAX [phone] Natut lly
An Equal OpportunitylAfimtative Adlon Employer- 50% Recydedlc 0% Post Consumer Paper i/
Page 2 of 3
t
5. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclatation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
6. Pursuant to 15A NCAC 2B .0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ 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.
7. 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 DOT 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.
8. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ
when all work included in the Buffer Authorization has been completed.
9. A copy of this Buffer Authorization shall be maintained on site at the construction site at all times.
If you do not accept any of the conditions of this authorization, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This authorization and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the "No Practical Alternatives"
determination required in 15A NCAC 2B .0233(8). If you have any questions, please contact Garcy Ward at (252)
948 - 3922.
S cerely
for Coleen Su
cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office
Sonia Carrillo, DWQ 401/Wetlands Unit, Raleigh NC
File Copy