HomeMy WebLinkAbout20190211 v.2 BADocuSign Envelope ID: 752E15C5-1111-46AE-8E2B-1990AOCAEA83
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Casey Whitley
NCDOT Division 2
1037 W.H. Smith Blvd
Greenville, NC 27835
NORTH CAROLINA
Errwtronr errtal Quality
September 25, 2023
DWR # 20190211 v.2
Beaufort County
Subject: REISSUANCE of APPROVAL of TAR-PAMLICO RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS for the widening of Allen Road (SR 1203) in Pitt County.
TIP U-5875.
Dear Mr. Whitley:
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 15, 2019, additional information
received December 12, 2019 and reissuance request received August 22, 2023. These impacts are
covered by the Tar -Pamlico 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 Tr -Pamlico Buffer Rules [15A NCAC 02B .0734] are met. No other impacts are
approved, including incidental impacts.
Riparian Buffer Impacts in the Tar -Pamlico River Basin
Site
Zone 1
minus
= Zone 1
Zone 1
Zone 2
minus
= Zone 2
Zone 2
Impact
Wetlands
Buffers
Buffer
Impact
Wetlands
Buffers
Buffer
(sq ft)
in Zone 1
(not
Mitigation
(sq ft)
in Zone 2
(not
Mitigation
(sq ft)
wetlands)
Required
(sq ft)
wetlands)
Required
(sq ft)
(using 3:1
(sq ft)
(using 1.5:1
ratio)
ratio)
1A
4255
0
4255
n/a
646
0
646
n/a
1B
5727
0
5727
17,181*
3506
0
3506
5,259*
1C
13,581
0
13,581
40,743*
7078
0
7078
10,617*
2
17,621
0
17,621
52,863
9469
0
9469
14,204
3
13,263
0
13,263
39,789
7813
72
7741
11,612
Total
54,447
0
54,447
150,576
28,512
72
28,440
41,692
Total Buffer Impact = 82,959 square feet
n/a = allowable activity or less than 1/3 ac impact, no mitigation required.
* Sites 1 B and I are on the same stream. Combined impact > 1/3 ac, mitigation required
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: 752E15C5-1111-46AE-8E2B-1990AOCAEA83
DWR# 20190211 v.2
Buffer Authorization Certificate
Page 2 of 4
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 .0734]
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 .07341. 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.
Additional Conditions:
1. 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
2. This approval is associated with General Water Quality Certification No. 4135 that was reissued
on September 25, 2023, for the subject activity.
3. Compensatory mitigation for impacts to 50,192 square feet of protected riparian buffers in Zone 1
and 27,794 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
150,576 square feet and 41,692 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 Tar -Pamlico Riparian Buffers shall be
provided in the Tar -Pamlico River Basin and done in accordance with 15A NCAC .02B .0295. The
DMS has indicated in a letter dated February 15, 2019 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.
4. 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) and (c)(2)]
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. [15A NCAC 02H.0506(b)(2)]
e::��--IDEQ North Carolina Department of Environmental Quality I Division of Water Resources
ew 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
'�` 919.707.9000
DocuSign Envelope ID: 752E15C5-1111-46AE-8E2B-1990AOCAEA83
DWR# 20190211 v.2
Buffer Authorization Certificate
Page 3 of 4
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. [15A NCAC 02H.0506(b)(3)]
7. 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)(3) and (c)(3) and 15A NCAC 0213.0200]
8. 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)(3) and
(c)(3)]
9. 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 0213.0201]
10. 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)(3) and (c)(3)]
11. Pursuant to 15A NCAC 2B .0734 (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.
12. 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 .0734(9).
13. 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 0213.0200]
14. 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.0502(f)]
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: 752E15C5-1111-46AE-8E2B-1990AOCAEA83
DWR# 20190211 v.2
Buffer Authorization Certificate
Page 4 of 4
15. 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) and 15A NCAC 02H .0506 (b)(2) and (c)(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 may be 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 Tar -Pamlico Riparian Buffer Rules as described
in 15A NCAC 02B .0734. Please contact Garcy Ward at 252-948-3917 or garcy.ward@ncdenr.gov if you
have any questions or concerns.
Sincerely,
DocuSigned by:
4F4DD2F21 EA846E...
Richard E. Rogers, Jr., Director
Division of Water Resources
cc:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, Division 2 Environmental Officer
Phil Harris, ext-psharris@ncdot.gov
Anna Reusche, TranSystems, areusche@transystems.com
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