20110637 Ver 1_Approval Letter_20110901

NC®ENR
North Carolina Department of Environment and Natural Resources
.:Division of Water Quality
" Beverly Eaves Perdue - - ` ' `Coleeii H. Sullins - Dee Freeman .
-
Governor - ` - - ` Director - - Secretary
September I, 2011
Pitt County
DWQ Project No. 20110637
Road improvements SR 1214
APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION
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 widening and paving on SR 1214 (Fish Pond Rd) in Pitt County:
o..w•u-. ?.:.......:e:., aU- nr--:D:....d."-....a with thie Anthnrivntinn '
Site Zone 1 minus' = Zone 1 Zone 1 Buffer Zone 2 " minus = Zone 2' :Zone 2 Buffer
Impact Wetlands Buffers (not . Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 . (not. Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
d s ft
1 14,740 0 14,740 44=220 ' !-+t! 3;010 0 3,010 4,515
2 0 0 0 0 4,710 0 4,710' 7,065
3 0 0 0 0 1,890 0 1890 2,835
Totals 14,740 0 14,740 44,220" 9,610 0 9;610 14,415
The project shall-be constructed in accordance with your application dated received July 8, 2011. This approval is
valid'for the Neuse Riparian Buffer Rules (15A NCAC 2B .0233). In addition, you should acquire any other federal,
state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion
Control, Non-Discharge and WaterSupply_ Watershed regulations. -
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ and submita new application. If the property is sold, the
new owner must be given a copy of this approval letter, and is thereby responsible for complying with all the
conditions. For this approval to remain valid, you must adhere to the conditions listed in the attached certification.
I. The issuance of this Authorization does not exempt the Permittee from complying with any and all statutes,
rifles, 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 stormwater management rules, soil erosion
and sedimentation control requirements, etc. '
North Carolina Division of Water Quality Internet www u:waterouaittv.ore ne
943 Washington Square Mall Phone: [phone] NQL'thCaro ? a
Washington, NC 27889 FAX [phone] O/7//Yl?/1/
Page 2 of 4
2. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts
to areas within the fencing are prohibited unless otherwise approved by this authorization
3. 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 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 authorization.
4. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
5. 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.
6. 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. ,. ..
7.: Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface,.
waters is prohibited
8. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
authorization without appropriate modification. Should waste or borrow sites, or access roads to waste or .
borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct
impact from road construction activities..
9. 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;Comrol Manual. The devices shall, be maintained.on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
boffow pig associated with the project.
c. For borrow pit sites, the erosion an d 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 reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution; Control Act.
10. Pursuant to 15A NCAC 2B .0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Tar-Pamlico 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.
11. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this authorization.
Page 3 of 4
12. 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.
13. The Permittee shall report any violations of this certification to the Division of Water Quality within 24, hours of
discovery,
14. Upon complet ion 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 this Authorization has been completed.
15. A copy of this Authorization shall be maintained on site at the, construction site at all times. In addition, the
Authorization and ail subsequent modifications if any, shall be maintained with the Division Engineer and the
on-site project manager. _
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer
impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as
provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall expire five (5) years from the date of
this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0233. This .
letter does not authorize any impacts to either Waters of the United States or Waters of the State. Please contact the
US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to
either of these waters. If you have any questions, please contact Garry Ward of the Washington Regional Office at
252-948-3922.
Attachments (Certificate of Completion form)
cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office
Beth Harmon, Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699
Sonia Carrillo, NC DWQ 401/Wedands Unit
File Copy