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HomeMy WebLinkAbout20240512 BADocuSign Envelope ID: 6B2C2CF6-D366-4358-82E1-BE35E964D442 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Errwtronr errtal Quality April 18, 2024 Ms. Cathrine Hossack Meyer North Carolina Department of Transportation 2815 Rouse Road Extension Kinston, NC 28504 DWR # 20240512 Beaufort County Hyde County Subject: APPROVAL of TAR-PAMLICO RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS for geotechnical test borings associated with the replacement of Bridge No. 66 over the Pungo River in Beaufort and Hyde Counties. TIP BR-0004. Dear Ms. Hossack Meyer: 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) April 5, 2024. 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 Buffer Zone 1 (sq ft) Buffer Zone 2 (sq ft) Total (scl ft) East 47 185 232 West 20 137 157 Total 67 322 389 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] 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: 6B2C2CF6-D366-4358-82E1-BE35E964D442 DWR# 2040512 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 .0734]. 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 the USACE Nationwide Permit 6 and corresponding General Water Quality Certification No. 4242 that are applicable to the subject activity. 3. Temporarily impacted riparian buffers shall be restored to pre -construction topographic and hydrologic conditions and replanted with comparable vegetation within two months of when construction is complete. Tree planting may occur during the dormant season. At the end of five years, any restored wooded riparian buffer shall comply with the restoration criteria in Rule 15A NCAC 02B .0295(i). [15A NCAC 02B .0734(11)(ee)] 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)] 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); 15A NCAC 02H .0507(c)] 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)(2) and (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)(2) and 15A NCAC 02H .0507(c)] A? �-D__ E 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 DocuSign Envelope ID: 6B2C2CF6-D366-4358-82E1-BE35E964D442 DWR# 2040512 Buffer Authorization Certificate Page 3 of 4 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) and 15A NCAC 02H .0507(c)] 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 02H.0506(b) and 15A NCAC 02H .0507(c)] 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); 15A NCAC 02H .0507(c); 15A NCACO213.0200; 15A NCAC 02B .0231] 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 02H.0506(b) and 15A NCAC 02H .0507(c)] 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.0507(c)] 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)] 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 D� E 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 aw+�` 919.707.9000 DocuSign Envelope ID: 6B2C2CF6-D366-4358-82E1-BE35E964D442 DWR# 2040512 Buffer Authorization Certificate Page 4 of 4 Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E 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. 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@deg.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: Richar Director Division of Water Resources cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office Stephen Lane, INC Division of Coastal Management Cathy Brittingham, NC Division of Coastal Managment Jay Johnson, Division 2 Environmental Officer Chris Rivenbark, RK&K, crivenbark@rkk.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