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HomeMy WebLinkAbout20071903 Ver 1_Other Agency Comments_20080404Permit Class NEW Permit Number 51-08 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Il U ermir for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C. Department of Transportation, 1598 Mail Service Center, Raleigh, NC 27699-1548 Authorizing development in Beaufort County at Tranter's Creek, Bridge No. 8 on SR 1403 (B-4020 as requested in the permittee's application dated 1/24/08 including the attached sixteen (16) drawings as referenced in Condition No. 1 of this permit. This permit, issued on 4/4/08 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Bridge No. 8 Replacement (TIP No. B-4020) 1) All work authorized by this permit shall be carried out in accordance with the following workplan drawings, except as specifically modified herein: t/2 size drawings: One (1) drawing dated 1/18/07; seven (7) drawings dated 2/20/07; two (2) drawing dated 2/21/07; four (4) drawings dated March 2007; one (1) drawing dated 3/19/07; and one (1) drawing dated 1/31/08. 2) Unless specifically altered herein, the permittee shall implement NCDOT's Stream Crossing Guidelines for Anadromous Fish Passage. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on No Expiration Date, pursuant to GS 136-44.7B In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. James H. Gregson, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee N.C. Department of Transportation TIP No. B-4020 ADDITIONAL CONDITIONS Permit # 51-08 L Page 2 of S 3) In order to protect the anadromous fish of Tranter's Creek, no in-water work shall be conducted from February 15th through September 30th of any year without prior approval of the NC Division of Coastal Management (DCM), in consultation with the NC Wildlife Resources Commission (WRC) and the NC Division of Marine Fisheries (DMF). 4) Unless specifically altered herein, the NCDOT document "Best Management Practices for Bridge Demolition and Removal" (final 9/20/99) shall be followed during demolition and construction activities. 5) The West Indian Manatee, Trichecus manatus, which is listed as a federally endangered species, has been reported in North Carolina waters. Therefore, in accordance with commitments made by the permittee and in order to protect the West Indian manatee all work should be done during the period from November i to May 31. If work must be done during the peri od from June through October the enclosed guidelines prepared by the U.S. Fish and Wildlife Service (USFWS), entitled "Guidelines for Avoiding Impacts to the West Indian Manatee: Precautionary Measures for Construction Activities in North Carolina Waters (rev. 06/03)" shall be followed. 6) The bridge shall be constructed using top-down construction methodologies. Any other construction method shall require additional authorization from DCM. 7) Debris resulting from demolition of the existing bridge, including deck components, shall not enter wetlands or waters of the State, even temporarily. 8) Any waste materials or debris generated in the demolition and removal of the existing bridge and/or construction of the new bridge or roadway shall be disposed of at an approved upland site or shall be recycled in an environmentally appropriate manner provided appropriate authorizations from any relevant state, federal, or local authorities are obtained. 9) The installation of bridge piles shall be accomplished by pile driving or vibratory hammer. Should the permittee and/or its contractor desire to utilize another type of pile installation, such as drilled shaft construction or jetting, additional authorization from DCM shall be required. 10) Pilings from the existing bridge, as well as any remnant pilings from previous bridges, shall be removed in their entirety, except that in the event that a piling breaks during removal and cannot be removed in its entirety, the piling may be cut off flush with the bed of the water body and DCM shall be notified of each occurrene *,4fiin'one4orki'ng day. 11) Turbidity curtains shall be used to isolate all work areas from Tranter's Creek, including pile or casement installation, pile removal, or excavation. The turbidity curtains shall be of sufficient length to extend to the substrate and shall encircle the immediate work area, however, they shall not extend across Tranter's Creek or impede navigation. The turbidity curtains shall be properly maintained and retained in the water until construction is complete. The turbidity curtains shall be removed when turbidity within the curtains reaches ambient levels. 12) Live concrete shall not be allowed to contact waters of the State or water that will enter waters of the State. N.C. Department of Transportation Permit # 51-08 TIP No. B-4020 Page 3 of 5 ADDITIONAL CONDITIONS 13) All fill material shall be clean and free of any pollutants except in trace quantities. 14) Excavated material may either be used in fill areas associated with the project or shall be removed from the site and taken to a high ground location. 15) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill areas as indicated on the attached workplan drawings, without permit modification. 16) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. 17) Construction mats shall be utilized to support equipment within wetland areas to minimize temporary wetland impacts. These mats shall be removed immediately following project completion. NOTE: The permittee is encouraged to minimize the need to cross wetlands in transporting equipment to the maximum extent practicable. 18) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State. 19) There shall be no clearing or grubbing of wetlands outside of the areas indicated on the attached workplan drawings without prior approval from the Division of Coastal Management. 20) In accordance with project commitments made within the attached permit application, fill slopes in jurisdictional wetland areas shall be 3:1 or steeper. 21) Placement of riprap shall be limited to the areas as depicted on the attached work plan drawings. The riprap material shall be free from loose dirt or any pollutant. The riprap material shall consist of clean rock or masonry materials, such as but not limited to, granite, marl, or broken concrete. 22) Bridge deck drains shall not be located over the open waters of Tranter's Creek and shall not cause erosion of adjacent wetlands. 23) Dredging in any manner, including "kicking" with boat propellers is not authorized. 24) The permittee shall exercise all available precautions in the day-to-day operation of the facility to prevent waste and/or debris from entering the adjacent waters and wetlands. Sedimentation and Erosion Control 25) Unless specifically altered herein, the permittee shall follow "Best Management Practices for the Protection of Surface Waters (3/97)" and shall also implement sedimentation and erosion control measures sufficient to protect aquatic resources. N.C. Department of Transportation Permit # 51-08 ti TIP No. B-4020 Page 4 of 5 ADDITIONAL CONDITIONS 26) In accordance with project commitments made within the Categorical Exclusion document, dated 7/26/06, the permitttee shall follow "BMPs for Construction and Maintenance Activities (8/03)". 27) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 28) This project shall conform to all requirements of the NC Sedimentation Pollution Control Act and NC DOT's Memorandum of Agreement with the Division of Land Resources. 29) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 30) In accordance with project commitments made within the CAMA permit application, Design Standards in Sensitive Watersheds, 15A NCAC 4B .0124, shall be utilized during demolition of the existing bridge and construction of the new bridge. Utilities Relocation 31) Any relocation of utility lines that is not already depicted on the attached work plan drawings, or described within the attached permit application, shall require additional approval by DCM, either under the authority of this permit, or by the utility company obtaining separate authorization. 32) Authorized wetland fill includes only that necessary to backfill or bed the directionally bored underground power and telephone lines. Any excess material shall be removed to an upland disposal area. Finished grades of subaqueous or wetland crossings shall be returned to pre-project contours and elevations. 33) Subaqueous lines shall be placed a minimum of two feet below the bottom contour of Tranter's Creek. Stormwater Management 34) The Division of Water Quality (DWQ) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW7070417, which was issued on 6/20/07. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. Wetland Mitigation NOTE: The proposed project will permanently impact 0.37 acres of 404 wetlands due to excavation and fill. N.C. Department of Transportation TIP No. B-4020 ADDITIONAL CONDITIONS Permit # 51-08 Page 5 of 5 35) On-site wetland restoration of 0.14 acres of 404 wetlands impacted by the project shall be performed in accordance with NCDOT's "Restoration Plan for Tranter's Creels Wetland at Bridge No. 8 in Beaufort/Pitt County, TIP B-4020, May 29, 2007." The remaining 0.23 acres of mitigation shall be debited at a ratio of 2:1, for a total of 0.46 acres, from the Mildred Wood Mitigation Site in accordance with project commitments made within the attached permit application. General 36) Unless specifically altered herein, any mitigative measures or environmental commitments specifically made by the permittee in the attached permit application or the Categorical Exclusion dated 7/26/06, shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 37) If it is determined that additional permanent and/or temporary impacts will occur that are not shown on the attached permit drawings, additional authorization from DCM shall be required. 38) The N.C. Division of Water Quality (DWQ) authorized the proposed project under General 401 Water Quality Certification Numbers 3688 and 3701 and the Tar-Pamlico River Buffer Rules (DWQ Project No. 20071905), on 1/7/08. Any violation of the Certification approved by the DWQ shall be considered a violation of this CAMA permit. NOTE: The US Army Corps of Engineers issued Nationwide Permit Numbers 12, 23, and 33 on 12/12/07 (Action ID No. 200704084). NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. NOTE: The permittee and/or his contractor is strongly encouraged to contact the N.C. Division of Coastal Management Transportation Project Coordinator in Morehead City to request.a pre- construction conference prior to project initiation.