20050785 Ver 9_Approval Letter_20080212

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February 12, 2008
DWQ No. 20050785 v.9
Beaufort County
Mr. Jay Johnson
NCDOT, Division 2
PO Box 1587
Greenville, NC 27835
Re: Beaufort County, Improvements to US 17 By-Pass, Washington
TIP R-25IOB; Paradise Creek [ C, NSW]
APPROVAL of TAR-PAMLICO RIVER BUFFER RULES AUTHORIZATION CERTIFICATE with ADDITIONAL
CONDITIONS
Dear Mr. Johnson,
You have our approval, in accordance with the attached conditions, for 1,275 square feet of temporary impacts to protected
riparian buffers in Zone 1, and 975 square feet of temporary impacts to protected riparian buffers in Zone 2 for the purpose of
establishing a temporary loading facility on the banks of Paradise Creek in Beaufort County. The access through the buffer is
considered a `temporary road used for bridge construction' per 15A NCAC 2B .0259 (6), which is an allowable use. The
project shall be constructed according to your application dated January 25, 2008, and any conditions listed below. This
approval shall act as your Authorization Certificate as required within the Tar-Pamlico River Riparian Buffer Rules (15A
NCAC 2B .0259). In addition, you should get any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations.
This approval is only valid for the purpose and design that you described in your application dated January 25, 2008. 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 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 certification.
2. All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved
otherwise by this certification.
3. 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.
4. 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.
5. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should 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.
6. 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 authorized by this certification.
Ny Carolina
N. C, Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] Q11[Cafl;
FAX [phone] Internet: www.ncwaterquality.org
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer - 50% Recycted110% Post Consumer Paper
7. 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 consW uction 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 reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
8. Temporary sediment and erosion control devices shall be allowed in Zone 1 of the Tar-Pamlico Buffer, however, their
usage shall be minimized. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers
provided that Zone I is not compromised and that discharge is released as diffuse flow.
9. Pursuant to 15A NCAC 2B .0259 (6), all protected riparian buffers impacted by the placement of temporary fill or clearing
activities shall be restored to the preconstruction contours and revegetated with native species immediately after
construction.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
It. A copy of this Authorization shall be maintained on site at the construction site at all times. In addition, the Authorization
and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager.
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 150B 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 .0259(8). If you have any questions, please contact Garcy Ward at 252-948-3922.
incere? l
for Coleen H. Sullms
Director
cc: Mr. William Wescott, Corps of Engineers, Washington Field Office
Mr. Steven Sollod, NCDENR- DCM, 2728-168 Capital Blvd., Parker Lincoln Bldg., Raleigh, NC 27604
Mr. Stephen Lane, DCM, Morehead City
Sonia Gregory, DWQ, 401/Wetlands Unit
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