20110023_Information Letter_20110316 (2)

C 202185 (13-2500) Environmental Permits Scope of Work
(03-14-II)
General
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The Department will allow no direct contact between the Design-Build Team and representatives
of the environmental agencies, including those from the National Park Service and the US Fish
and Wildlife Service. No contact between the Design-Build Team and the environmental
agencies will be allowed either by phone, e-mail or in person, without representatives of the
Department's PDEA Branch and/or the DEO present. A representative from the NCDOT
Design-Build Office shall be included on all correspondence.
The Department will arrange, for each 'shortlisted team, a meeting with representatives of the
permitting agencies prior to the due date for the submission of Technical and Price Proposals.
The discussions and answers provided at these meetings are not contractually binding, but intend
to offer the Design-Build Teams an opportunity to inquire as to the permitting process as well as
specific team concepts.
The Design-Build Team shall be responsible for preparing all designs and documents needed to
obtain all°`permtts for this project (Phase I). The permit application need not address future
phases of the Selected Alternative as described in the Environmental Assessment and Record of
Decision.
The Design-Build Team shall be responsible for preparing all documents necessary for the
Department to obtain the environmental permits for this project. Permit applications will be
needed for: US Army Corps of Engineers Section 404 Permit, US Army Corps of Engineers
Section 10 Permit (Rivers and Harbors Act), the NC Department of Natural Resources (DENR),
Division of Water Quality (DWQ) Section 401 Water Quality Certification, Division of Coastal
Management (DCM) Major Development Permit, State Stormwater Permit, and a US Coast
Guard Bridge Permit. The Design-Build Team shall be responsible for preparing all
documentation necessary in order for the NCDOT to request modifications to the USFWS and
NPS Special Use Permits if necessary (reference the Project Special Provision "Construction
Access and Staging"). In addition, the Design-Build Team shall also be responsible for the
preparation of all documents for a US Army Corps of Engineers Section. 103 Permit (Marine
Protection, Research, and Sanctuaries Act) as may be required by the Design-Build Team's
design, construction, or dredge disposal methods. The submittal to, and approval from, the
DWQ is required on the project stormwater design plans as a prerequisite to the issuance of the
401 Certification.
Reference the Roadway Scope of Work for additional information regarding Special Use Permits
within the Cape Hatteras National Seashore and the Pea Island National Wildlife Refuge.
The Design-Build Team shall not begin ground-disturbing activities, including utility relocation,
until the required permits, including the USCG permit have been issued (this does not include
permitted investigative borings covered under a Nationwide Permit #6). Reference is made to
the Project Special Provisions, "Schedule of Estimated Completion Progress", "Notice to
Proceed" and the Standard Special Provision, "Division One" for limitations on payout until such
time that all above referenced permits are obtained.
C 202185 (B-2500) Environmental Permits Scope of Work Dare County
The Department has reached concurrence point 4A (Avoidance and Minimization) in the Merger
01 Process used by the environmental agencies and the Department to obtain environmental
permits for projects. The Design-Build team shall participate and present information in steps
4B and 4C that are necessary to complete the Merger 01 process. The Design-Build Team shall
follow the appropriate details in the document titled "Merger 01 Implementation Team - Merger
01 Process Information" which will be provided to the short-listed teams.
The Department will schedule the 4B (Hydraulic Design Review) and 4C
iceview) meenngst me uesign-tsu is a eam, snap conslaer tneir anttctpatea_ scneauie or pre- I
requisite submittals and identify, in their Technical Proposal what imonths .they would' like the
Departmert`fo schedule the 4B.and 4C meetings, accordinglyj Failure on the part of the Design
Build Team to meet the dates, as identified in their Technical Proposal, places all responsibility
for associated delays solely in the hands of the Design-Build Team.
The Design-Build Team is bound by the terms of the Record of Decision, whether or not they are
expressly outlined in this RFP, and is held accountable for meeting all permit conditions. The
Design-Build Team is required to staff any personnel necessary to provide permit compliance.
Major Permit Application Process
It shall be the Design-Build Team's responsibility to acquire information and prepare permit
drawings that reflect the impacts and minimization efforts resulting from the Merger 01 Process
and as designed. Further it shall be the Design-Build Team's responsibility to provide these
permit impact sheets (drawings) depicting the design and construction details to the Department
as part of the permit application. The Design-Build Team shall be responsible for developing the
permit application for all jurisdictional impacts. The permit application shall include all utility
relocations. The permit application shall consist of, at a minimum, the following:
• Cover Letter
• Minutes from the 4B and 4C meetings
• Permit drawings
• Half-size plans
• Completed forms (CAMA, ENG 4345, etc.) appropriate for impacts
Unless otherwise noted herein, the Department will re-verify and update, as needed, the required
environmental data that expires prior to the completion of the activity causing the impact in the
jurisdictional areas. These include, but are not limited to, federally protected species, re-
verification of wetland jurisdictional areas, and historic /archaeological sites.
The Department will provide preliminary mapping or aerial photography depicting general areas
of roughly 6 foot water depth in which Submerged Aquatic Vegetation is likely. The Design-
Build Team shall be responsible for verifying and ground-truthing the limits of Submerged
Aquatic Vegetation prior to the application of permits. The limits shall be verified by the
NCDOT and the environmental agencies such that appropriate limits can be reflected in the
permit applications.
A revised Section 7 Consultation may be necessary depending on the Design-Build Team's final
alignment and approach to construction staging and access. In such case, the Design-Build Team
shall be responsible for all work noted in the Project Special Provision, "Construction Access
C 202185 (B-2500) Environmental Permits Scope of Work Dare County
and Staging". In addition, the Design-Build Team shall draft a letter, for the Project
Development & Environmental Analysis Branch's (PDEA) review and FHWA's signature,
requesting concurrence from the United States Fish and Wildlife Service and the National
Marine Fisheries Service, as necessary, to document compliance with Section 7 of the
Endangered Species Act for those species requiring such concurrence.
Direct coordination among the Design-Build Team, the Transportation Program Management
Director, Resident Engineer, and the Natural Environment Unit (PDEA-NEU) shall be necessary
to ensure proper permit application development. Upon completion of the permit application
package, the Design-Build Team shall forward the package to the Transportation Program
Management Director, Resident Engineer, Division Environmental Officer (DEO) and PDEA-
NEU concurrently for review and approval. The Department will subsequently forward the
package to the appropriate agencies to have the permit application placed on public notice.
Any temporary construction measures, including de-watering, construction access, etc. shall be
addressed in the permit applications. Impacts that result from so-called temporary measures may
not be judged to be temporary impacts by the agencies. These issues shall be addressed and
reviewed by PDEA-NEU prior to the 4B and 4C meetings and resolved with the agencies during
the 4B and 4C meetings.
The Design-Build Team shall clearly indicate the location of, duration, and impacts of haul roads
within jurisdictional areas. The Design-Build Team shall also identify all proposed borrow and
waste sites. These details shall be included in the permit application data. Further, the Design-
Build Team shall describe the methods of construction of all structures. The description of the
temporary impacts (haul roads, utility relocations, work bridges, etc.) shall include restoration
plans, schedules, and disposal plans. This information shall be included in the permit application.
This information shall also be part of the data presented at the 4B and 4C meetings. There shall
be particular emphasis on minimizing impacts during the construction of the bridge over Oregon
Inlet as well as any work bridges and haul roads necessary for such construction.
The NCDOT hereby commits to ensuring, to the greatest extent possible, that the footprint of the
impacts in areas under the jurisdiction of the federal Clean Water Act shall not be increased
during the Design-Build effort. All fill material shall be immediately stabilized and maintained
to prevent sediment from entering adjacent waters or wetlands. The Design-Build Team shall be
responsible for ensuring that the design and construction of the project will not impair the
movement of aquatic life.
Receipts of notification to adjacent landowners under DCM jurisdiction shall be required as part
of the Major Development Permit application process.
The Design-Build Team shall submit one permit application for the entire project. The Design-
Build Team shall not submit multiple applications to develop a "staged permitting" process to
expedite construction activities in a phased fashion.
Requests made for modifications to the permits obtained by the Design-Build Team shall only be
allowed if the Engineer determines it to be in the best interest of the Department and will be
strongly discouraged. The Design-Build Team shall not take an iterative approach to hydraulic
design issues. The design shall be complete prior to permit application.
C 202185 (B-2500) Environmental Permits Scope of Work Dare County
Major Permit Timeframe
With the exception of the US Coast Guard Permit, the Design-Build Team should expect it to
take up to 12 months to accurately and adequately complete all designs necessary for permit
application, submit application request to the Department, and obtain approval for the permits
from the environmental agencies. Agency review time will be approximately 120 days from
receipt of a "complete" package. No requests for additional contract time or compensation will
be allowed if the permits are obtained within this 12-month period. With the exception of
location and survey work and permitted investigative borings covered under a Nationwide Permit
#6, no mobilization of men, materials, or equipment for site investigation or construction of the
project shall occur prior to obtaining the permits (either within the 12-month period or beyond
the 12-month period). The Department will not honor any requests for additional contract time or
compensation, including idle equipment or mobilization or demobilization costs, for the Design-
Build Team mobilizing men, materials (or ordering materials), or equipment prior to obtaining
all permits. The Department will consider requests for contract time extensions for obtaining the
pen-nits only if the Design-Build Team has pursued the work with due diligence, the delay is
beyond their control, and the 12-month period has been exceeded. If time were granted it would
be only for that time exceeding the 12-month period. This 12-month period is considered to
begin on the Date of Availability.
It is anticipated:that- a variance will,be,?iequiredjrom the•Coastal-l'ResourcestCommission in
siipporE.- of the DCM. Major .Development NPertnit; The 12 month time period noted above
presumes that the application for the Major Development Permit will not require a variance and
subsequent petition to the Coastal Resources Commission. In the event that a variance is
required, then the above 12 month period will be extended to 16 months. In addition, the 120-
day review time noted above will be extended to 180 days.
The Design-Build Team needs to be aware that the timeframes listed above for review by PDEA,
NCDWQ, NCDCM, the US Army Corps of Engineers, and the US Coast Guard to review any
permit applications begin only after a fully complete and 100% accurate submittal.
The Design-Build Team shall meet with DOT personnel, field representatives from the DCM,
and other interested agencies, around the time of the 4C meeting in order to review the project
and project commitments. At this time, the US Fish and Wildlife Service shall be afforded the
opportunity to meet with key Design-Build Team members and Department employees to
provide education on artificial lighting and construction on nearby wildlife habitat and behavior.
In addition, the Design-Build Team shall meet with the National Park Service to address Special
Use Permit application requirements and expectations, and again to address permit conditions.
The Design-Build Team shall contact PDEA-NEU in order to schedule these field reviews.
Every effort shall be made to have this meeting prior to submitting the permit application.
The Design-Build Team shall also meet with representatives from the Department, FHWA, State
Historic Preservation Office (SHPO), USFWS, and NPS to provide an opportunity to review and
comment on the plans and specifications for the parapet and bridge rail for the proposed bridge;
per stipulation ILA of the signed Section 106 Programmatic Agreement (contained within the
ROD). This meeting shall be held prior to the Concurrence Point 4B meeting.
C 202185 (B-2500) Environmental Permits Scope of Work Dare County
US Coast Guard Permit
The Design-Build Team should expect it to take 6 months for the issuance of a US Coast Guard
permit after the CAMA Major Development Permit has been received. No requests for additional
contract time or compensation will be allowed if the USCG Permit is obtained within this 6-
month neriod. Wrth'theaexcenttonlof locationaand urveu?work:rarid?nerriitted?dinvesheatixe
Prior to submitting the application for the USACE Section 404 Permit, the Design-Build Team
shall meet with the Coast Guard and representatives of the Department to coordinate the
requirements associated with the project's construction activities and schedule. The Design-
Build Team shall be required to continue coordination activities with the Coast Guard, through
the Department, throughout the project's duration. As a minimum, the coordination requirements
will include the following three distinct phases:
Permit Acquisition - Prior to, or concurrent with, submitting the US Coast Guard
Pennit, the Design-Build Team shall have submitted the US Army Corps of Engineers
Section 404 and Section 10 Permits; the NC Department of Natural Resources, Division
of Water Quality, Section 401 Water Quality Certification and the Division of Coastal
Management Major Development Permit. At the Design-Build Team's risk, the Coast
Guard Permit application may be submitted simultaneously with the US Army Corps of
Engineers Sections 404 and 10 Permits, the NC Department of Natural Resources
(DENR), Division of Water Quality (DWQ) Section 401 Water Quality Certification and
the Division of Coastal Management Major Development Permit. The Design-Build
Team is cautioned that comments / conditions of the 404, 401 and / or CAMA Permits
may require modifications to the Coast Guard Permit application, resulting in potential
delays. No request for additional contract time or compensation will be allowed as a
result of these delays. All construction impacts, including but not limited to those
associated with work bridges, falsework, staging areas and plans for the proposed bridge,
shall be clearly noted and itemized in the US Coast Guard Permit application. The US
Coast Guard Permit application shall be submitted to the Transportation Program
Management Director. The Department will require 15 business days to review and
comment on the application. Once all comments are resolved, the Department will
submit the permit application. No construction work may begin prior to receipt of the US
Coast Guard Permit.
Construction Phase - Prior to beginning any construction activities on the Bonner
Bridge, the Design-Build Team shall provide the Coast Guard a construction schedule for
the entire bridge. During construction, the Design-Build Team shall adhere to all of the
C 202185 (B-2500) Environmental Permits Scope of Work Daze County
Federal Bridge Statutes Governing Bridges. These Statutes include, but are not limited to
the requirement that the Design-Build Team shall obtain written approval from the Coast
Guard for any and all waterway closures, partial closures, or potential obstructions 30
days prior to closure or obstruction. It shall be the Design-Build Team's responsibility to
accommodate all possible navigational access and obtain the aforementioned written
approval. The Design-Build Team shall notify, and coordinate with, the Coast Guard
regarding all closures or obstructions as early as possible. The Design-Build Team shall
concurrently submit all correspondence, including but not limited to closure requests, to
the US Coast Guard, the Transportation Program Management Director, and the Resident
Engineer.
Regulatory - The Design-Build Team shall be responsible for ensuring that construction
occurs in a safe and orderly manner. The Design-Build Team shall be solely responsible
for criminal penalties, regulatory fines and liability associated with negligence and / or
failure to adhere to the Federal Bridge Statutes Governing Bridges.
Notable Permit Details
The following permit details are highlighted:
Dredging - The Design-Build Team is encouraged to minimize dredging, especially
during the spring. Pipeline or clamshell dredging is required for all dredging activities.
Hopper dredges are prohibited. Dredging is prohibited in areas h e.Sut_merged
Aquatrc Vegetation is'prese'rit. Disposal of dredged material shall be coordinated with the
environmental agencies during the Merger process and resolved prior to the permit
application. Unless otherwise approved by the NCDOT and permitting agencies, barge
access dredge spoils shall be deposited at new or existing dredge material islands.
Additional permits may be required to create a new island. Depending on the disposal
location, the material may be subject to beach compatibility and associated sampling
rules enforced by the Coastal Resources Commission. It is not anticipated that the
National Park Service will allow the deposition of dredged materials, or a borrow pit,
within their property. Unless otherwise approved by the NCDOT and the environmental
agencies, any dredging shall be done to a depth of 8 feet.
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minimizer damage to wetlands and SAVs from- ctting>and jetting spoils` It is preferred
that jetting not be used for work bridge construction. If jetting is intended to be used, the
application for the 401 Certification shall contain a detailed plan for minimizing
disturbance and turbidity that temporarily or permanently results from jetting and/or
jetting spoils. Uja„ 1 art., iv M- .ic 'd avaet / t; W4 f?e.f rf pc)rr X
Load Test Program - The accepted load test program shall be permitted under a
USACE NW#6 and a NCDCM General Permit and the foundation units to be tested must
be removed to the greatest extent practicable and in accordance with all permit
C 2021 R5 (B-2500) Environmental Permits Scope of Work Dare County
requirements. Coordination with the USCG, including possible permitting will also be
the responsibility of the Design-Build Team.
Barge Access - In addition to the constraints outlined in the Project Special Provision,
"Construction Access and Staging," barges may not be dragged into place except in
localized unavoidable locations. "Llnj. AV elrt, mfk.-• A+-I! ha p,5 6. Z'45 if
Haul_Ro_ads - Haul roads will norbe permitted to be placed within areas where
Submerged Aquatic Vegetatioiii,is mesent_or in intertidal marsh areas Coordination of
haul road placement, materials, and means to minimize erosion and equipment leakage
shall be coordinated with the environmental agencies during the Merger process.
Bridge Demolition - Details regarding bridge demolition and disposal shall be included
in each permit application package. Details regarding the use of haul roads, work
bridges, and/or barges for bridge demolition must be included in this application.
Jurisdictional areas and areas of Submerged Aquatic Vegetation must be reflected on the
bridge demolition plan. The Design-Build Team shall coordinate with the National
Marine Fisheries Service and the North Carolina Division of Marine Fisheries early in the
Merger process to potentially identify an off-shore disposal area. Extreme care shall be
exercised in demolition in the areas of SAVs.
The Department is currently coordinating with the NC Division of Marine Fisheries
(NCDMF) to explore the use of bridge demolition materials in the Artificial Reef
Program. Four possible sites have been identified as provided by the Department. In the
event that the Department receives approval to use these locations for the disposal of
bridge demolition material, the Design-Build Team shall coordinate a disposal plan with
the NCDMF. Disposal materials shall not include asphalt,-any-petroleum-products,
paints, or rebar exposed from concrete.more tan_6 inches. fee :v. J "'i?.drn
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Wildlife Protection - The Design-Build Team is directed to those project commitments
within the ROD and the Biological Opinion relating to Section 7 of the Endangered
Species Act. The Design-Build Team will be required to prepare information required for
any event in which NCDOT and FHWA reinitiate Section 7 consultation with the
USFWS and NMFS. It is expected that consultation will be reinitiated prior to
Concurrence Point 4B and again at Concurrence Point 4C. Consultation may also be
reinitiated prior to the demolition of the existing Bonner Bridge or as otherwise outlined
within this RFP. The Department will be responsible for the re-survey of the Seabeach
Amaranth. Reference the Record of Decision and the Biological Opinion for required
guidelines and other requirements to be adhered to in order to protect endangered or
threatened species.
Other Permits
NCDOT has completed the application for a Nationwide Permit #6. Any additional geotechnical
investigations or test pile installations the Design-Build Team desires to complete prior to, or
during, construction shall be permitted under their own Nationwide Permit #6. It is the Design-
Build Team's responsibility to prepare the permit application and obtain approval from PDEA.
C 202185 (B-2500) Environmental Permits Scope of Work Dare County
NCDOT will then submit the permit applicati
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Mitigation Responsibilities of the Design-Build Team
The Department will be responsible for acquiring compensatory mitigation for unavoidable
impacts to wetlands and surface waters due to project construction from the Ecosystem
Enhancement Program. This mitigation was based on the impacts identified in the ROD. The
Department will also be responsible for securing mitigation for any SAV impacts.
Any changes proposed by the Design-Build Team to any design or construction details provided
to the team by the Department shall be approved by the Department prior to being submitted to
the resource agencies for their approval.
Should additional jurisdictional impacts result from revised design/construction details, suitable
compensatory mitigation for wetlands and/or streams shall be the sole responsibility of the
Design-Build Team. Therefore, it is important to note that additional mitigation shall be
approved by the agencies and such approval will require, at a minimum, the preparation and
approval of a mitigation plan before permit modification(s) are approved and before construction
commences. The Design-Build Team shall identify, at the 4B meeting, any additional impacts
anticipated beyond that outlined in the ROD for Phase 1.
The Design-Build Team shall analyze any new areas to be impacted that have not been analyzed
during the NEPA process and preparation of permit applications. This analysis shall include
performing all environmental assessments. These assessments shall require the Design-Build
Team to engage the services of a competent environmental consultant to conduct a full
environmental investigation to include, but not be limited to, Federally Listed Threatened and
Endangered Species, wetlands, streams, avoidance and minimization in jurisdictional areas,
compensatory mitigation, FEMA compliance, CAMA consideration and historical,
archaeological, and cultural resources surveys in these areas. The environmental consultant shall
obtain concurrence through PDEA-NEU from the United States Fish and Wildlife Service and
the National Marine Fisheries Service to document compliance with Section 7 of the Endangered
Species Act for those species requiring such concurrence. In addition the Design-Build Team
shall identify additional mitigation required and the fulfillment of any other requirements that
may be imposed by the permitting agencies to obtain the permit modification. Any contract
extensions resulting from additional environmental assessments required by the Design-Build
Team's design and/or construction details impacting areas outside those previously analyzed
through the NEPA process shall be solely at the discretion of the Department.
preparedao engage the services of a competent environmental consultant to conduct a full
environmental investigation to include, but not be limited to, Federally Listed Threatened and
C 202185 (13-2500) Environmental Permits Scope of Work Dare County
Endangered Species, wetlands, streams, avoidance and minimization in jurisdictional areas,
compensatory mitigation, FEMA compliance, CAMA consideration and historical,
archaeological, and cultural resources surveys in these areas. If additional staging areas are
needed on land owned by the National Park Service as part of the Cape Hatteras National
Seashore, the Design-Build Team shall ensure that any NEPA documentation as required by the
NPS is completed._To the'ezte6t that these staging'areas do not occur on property owned by h
Niitlonal_Park_Service_or,the Cape Hatteras National Seashore, additional-NEPA efforts and
Additional Commitments
The NCDOT is committed to incorporating all reasonable and practicable design features to
avoid and minimize wetland impacts and to provide full compensatory mitigation of all
remaining wetland impacts. Avoidance measures were taken during the planning and NEPA
phases and minimization measures were incorporated as part of the preliminary project design.
The Design-Build Team shall incorporate these avoidance and minimization features plus any
minimization identified during the 4B and 4C process into the design.
All work by the Design-Build Team shall be accomplished in strict compliance with the plans
submitted with the Section 404, 10, 103, 401, DCM, and US Coast Guard permit applications
and in compliance with all conditions of the permits and certifications issued by the agencies.
The Design-Build Team shall provide each of its contractors and / or agents associated with the
construction or maintenance of this project with a copy of the permits.
The Design-Build Team shall strictly adhere to these commitments, as well as others, including
but not limited to, those made as part of the ROD; revised Final'Section 4(f) Evaluations and
Biological Opinion.
If the Design-Build Team discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, they will immediately notify NCDOT Staff
Archaeologist and / or NCDOT Project Engineer, as listed below, who will initiate the required
State / Federal coordination. In addition, reference Commitment #15 of the Record of Decision.
A representative from NCDOT Design-Build Office shall also be notified. All questions
regarding these sites should be addressed to Mr. Matthew Wilkerson, NCDOT Archaeology or
Mr. Paul J. Mohler, NCDOT Staff Archaeologist at [phone], or Mr. Brian Yamamoto,
PE, NCDOT Project Engineer [phone], ext. 265.