HomeMy WebLinkAbout20190585 v.2 BADocuSign Envelope ID: OA4CDAB5-8F4F-4714-B59F-F25261CCEE10
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Errwtronr errtal Quality
February 8, 2023
DWR # 20190585 v.2
Pamlico County
Mr. Jason Dilday
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 purpose of replacing Bridge No. 38 on NC 55 over Trent Creek in Pamlico County.
TIP B-4593
Dear Mr. Dilday:
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) May 3, 2019 and renewal request dated February
3, 2023. 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.
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.
Buffer Impacts in the Neuse River Basin
Site
Buffer Zone 1 (sq ft)
Buffer Zone 2 (sq ft)
Total
Bridge 38
425
373
798
Detour bridge
1371
880
2,251
Utilities
2092
1392
3,484
Total
3,888
2,645
6,533
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 .0714]
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: OA4CDAB5-8F4F-4714-B59F-F25261CCEE10
DWR# 20190585 v.2
Buffer Authorization Certificate
Page 2 of 4
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.
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. 4246 that was issued on
February 3, 2023 for the aforementioned activity (DWR project No. 20190585 v.2).
3. 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)]
4. 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)]
5. 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)]
6. 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 NCACO2B.0200]
7. 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)]
8. 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]
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: OA4CDAB5-8F4F-4714-B59F-F25261CCEE10
DWR# 20190585 v.2
Buffer Authorization Certificate
Page 3 of 4
9. 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)]
10. Pursuant to 15A NCAC 2B .0714 (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.
11. 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).
12. 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]
13. 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)]
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)]
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. 143-215.51
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 maybe accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
E Q >512
North Carolina Department of Environmental Quality I Division of Water Resources
North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
D+r�" P
919.707.9000
DocuSign Envelope ID: OA4CDAB5-8F4F-4714-B59F-F25261CCEE10
DWR# 20190585 v.2
Buffer Authorization Certificate
Page 4 of 4
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 Neuse Riparian Buffer Rules as described in
15A NCAC 02B .0714. Please contact Garcy Ward at 252-948-3917 or garcy.ward@ncdenr.gov if you
have any questions or concerns.
Sincerely,
E
DOCUSign(e�d by:
1.�,(,L�141:A i�.
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
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