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Home My WebLink About20201520 BA DocuSign Envelope ID:25A6E79A-lBC2-422F-9C01-557113E120D7 a gm� ROY COOPER Governor - ELIZABETH S. BISER Secretary w * . RICHARD E. ROGERS,JR. Director NORTH CAROLINA Errwtronr errtal Quality October 13, 2022 DWR#20201520 Craven County Mr. Chris Rivenbark Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Subject: APPROVAL of TAR-PAMLICO RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS for the purpose of replacing Bridge No. 9 on SR 1112 (Mouth of the Creek Rd) in Beaufort County. TIP B-5614 Dear Mr. Rivenbark: 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) September 8, 2022. 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 Tar-Pamlico Buffer Rules [15A NCAC 02B .0734] are met. No other impacts are approved, including incidental impacts. 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) Bridge 8204 19 8185 n/a 5423 0 5423 n/a Driveway 1341 223 1118 3354 856 420 436 654 Utilities 1037 203 834 n/a 302 105 197 n/a Total 10,582 445 10,137 3354 6,581 525 6,056 654 Zone 1 impacts=9,545 sq ft;Zone 2 impacts=6,279 sq ft n/a=impacts allowable upon authorization, no 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:25A6E79A-1BC2-422F-9C01-557113E120D7 DWR#20220355 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 Water Quality Certification No. 4135 that was issued on October 13, 2022 for the aforementioned activity (DWR project No. 20201520). 3. Compensatory mitigation for impacts to 1,118 square feet of protected riparian buffers in Zone 1 shall be required at 3:1 ratio for a total of 3,354 square feet. Compensatory mitigation for impacts to 436 square feet of protected riparian buffers in Zone 2 shall be required at a 1.5:1 ratio for a total of 654 square feet (see buffer impact table). 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 September 7, 2022 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::��--IDE Q 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:25A6E79A-1BC2-422F-9C01-557113E120D7 DWR#20220355 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 .05061b)(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), 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 02B.0200] 14. The Permittee shall report any violations of this approval to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] North Carolina Department of Environmental Quality I Division of Water Resources e:!;:fDEQeW 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 ' �` 919.707.9000 DocuSign Envelope ID:25A6E79A-1BC2-422F-9C01-557113E120D7 DWR#20220355 Buffer Authorization Certificate Page 4 of 4 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.0502(f)] 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) 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, E DOCUSignned by: VYt W 1.�,(,L�PY1(AJf�. 9C9886312DCD474_. 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 Stephen Lane, INC Division of Coastal Management Cathy Brittingham, NC Division of Coastal Management Beth Harmon,NC 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 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 919.707.9000