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HomeMy WebLinkAboutCharter Communications❑CAMA / ❑ DREDGE & FILL No 70436 A B C D r. GENERAL PERMIT Previous permit # ❑New ❑Modification El Complete Reissue El Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC [}Rules attached. Applicant Name' Project Location: County Address City Phone # ( ) d r Authorized Agent f ❑CW ❑EW ❑PTA ❑ES ❑PTS Affected ElOEA ElHHF ❑ IH [I USA [IN/A AEC(s): ❑ PWS: ORW- ves / no PNA Yes / no State E-Mail — ZIP Street Address/ State Road/ Lot #(s) Subdivision City— ZIP _ Phone # ( ) __ River Basin _ Adj. Wtr. Body nat ]man /unkn) Closest Maj. Wtr. Body - Type of Project/ Activity (Scale: ) Pier (dock) length Fixed Platform(s) Floating Platform(s) Finger pier(s) Groin length number Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel cubic yards Boat ramp I I -- — - J t - I (kit G f o r L Boathouse/ Boatlift Beach Bulldozing Other ,. . 1 i — l 9 i Shoreline Length SAV: mpf 07�0 yes no Moratorium: n/a yes C Photos: yey no Waiver Attached: yes A building permit may be required by: t ` ` " ' / ( Note Local Planning jurisdiction) Notes/ Special Conditions l ❑ See note on back regarding River Basin rules. Lt eft-rt, j UrkET*T Agent or Applicant Printed ame Signature Mease read compliance statement on back of permit* 7 eTFt) Permit Officer's Printed Name r Signature '51_ Application Fee(s) Check# Issuing Date Expiration Date i„ Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program, River Basin Rules Applicable To Your Project: Tar - Pamlico River Basin Buffer Rules Other: Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Resources. Contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888ARCOAST Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow - North of New River Inlet- and Pamlico Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 Elizabeth City, NC 27909 252-264-3901 Fax:252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) http://portal.ncdenr.org/web/cm/dcm-home Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 9 10-395-3964 (Serves: Brunswick, New Hanover, Onslow - South of New River Inlet - and Pender Counties) Revised 7/06/ 17 NC Division. of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant: h�.�•�� C::.bw�w"�rr�a �J�•J' Date: Describe below the HABITAT disturbances for the'_appiication. Ali values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose "One TOTAL $4. Ft: (Applied for. Disturbance total includes any anticrpated restoration or tem impacts) FINAL Sq. Ft. (Anticipated .final disturbance. Excludes any restoration and%r temp impact amount) TOTAL Feet (Applied for._ Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact . t amoun l Dredge B'__Fi11 [Both Other ❑ If D Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other El Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ . Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ i i 252-808-2808 :: 1-888-4RCOAS7 :: vm4w.necoastalmana_gement.net revise* 0211silo APPLICATION for Major Development Permit (last revised 12/27/06) 4' North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Charter Communications Project Name (if applicable) Calico Creek Crossing Applicant 1: First Name Jason MI Last Name Stone Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 500 Time Warner Dr. PO Box City Newport State NC ZIP 28570 Country Phone No. 252 - 222 - 6414 ext. FAX No. Street Address (if different from above) City State ZIP Email Jason.Stone@charter.com 2. Agent/Contractor Information Business Name Pintech Corporation Agent/ Contractor 1: First Name MI Last Name Larry Puckett Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 4027 Wilmington NC ZIP Phone No. 1 Phone No. 2 28406 910 - 409 - 9216 ext. ext. FAX No. Contractor # Street Address (if different from above) City State ZIP 510 Macon Ct. Wilmington NC 28412 - Email larry.puckett@pintechcorp.com <Form continues on back> 252-808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 800 North 201h St 1176 Subdivision Name City State Zip MoreHead City NC 28557 - Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. , , , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Calico Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Newport River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Morehead City / NCDOT 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 650 NA c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 8=MSL ❑NHW or ❑NWL e. Vegetation on tract Wetlands, Stream and road shoulder f. Man-made features and uses now on tract NCDOT road and bridge g. Identify and describe the existing land uses adiacent to the proposed project site. Home sites, cemetery and woods h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? NA (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No ®NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .. 1-888-4RCaAST .. www.nccoastalmanagement.rtet Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes [:]No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. NA o. Describe existing drinking water supply source. NA p. Describe existing storm water management or treatment systems. NA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PubliclGovernment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Along SR 1176 a total of 675 ft Directional Bore of fiber optic cable. Across SR 1176 a total of 120 ft Directional Bore of fiber optic cable. Purpose is to provide service property owners. Once the cable is is the ground no access is required unless there has been damage by others c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Directional Bore of fiber optic cable. The equipment is a boring machine and vacuum truck. No storage is needed, equipment will be trucked in and out the same day. d. List all development activities you propose. Add new fiber optic line in the NCDOT right of way e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 50 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 ,. 1-888-4RCOAST .. www.nccoastalmanagement,not Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name SALLY ANN HILL Phone No. Address 1907 Calico Dr Morehead City NC 28557 Name Bayview Cemetery Phone No. Address NA Name SECURE INC Phone No. Address 805 201" St Morehead City NC 28557 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NCDOT encroachment number E022-016-18-00035 Issued 7-25-2018 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 08-01-2018 Print Name Larry Pu kett Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information ,. frw.nccoastaimanagerr. .:ik.aa t Name of Property Owner Requesting Permit: Charter Communications Mailing Address: 2321 Scientific Park Dr. Wilmington, NC 28405 Phone Number: (910) 332-7828 Email Address: george.courey@charter.com I certify that I have authorized Larry Puckett / Pintech Corporation Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: 20th St and Calico Creek in Morehead City at my property located at Bridge crossing Calico Creek in Carteret County. 1 furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature George Courey Print or Type Name Construction Manager Title Date This certification is valid through 4- / i j I Z-a 19 i STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER JAMES H. TROGDON, III GovERNOR SECRETARY July 25, 2018 Charter Communications 500 Time Warner Drive Newport, NC 28570 SUBJECT: Encroachment Contract —Carteret County (E022-016-18-00035 Attached hereto, for your files, is a copy of the Right of Way Encroachment Contract, which has been properly executed. The contract covers the following: Directional bore coax cable 10' under and within 5' of the R/W of SR1176. (201h St). APPROVED SUBJECT TO SPECIAL PROVISIONS: Specific Requirements: 1. That the party of the second part agrees to provide traffic control devices, lane closures, road closures, positive protection and/or any other warning or positive protection devices necessary for the safety of road users during construction and any subsequent maintenance. This shall be performed in conformance with the latest NCDOT Roadway Standard Drawings and Standard Specifications for Roads and Structures and Amendments or Supplements thereto. Where there is no guidance provided in the Roadway Standard Drawings or Specifications, comply with the Manual on Uniform Traffic Control Devices for Streets and Highways and Amendment or Supplement thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first part. 2. All lanes of traffic shall be open on thoroughfares from 6.00 AM until 8:30 AM and from 4.30 PM until 6. 00 PM on weekdays. Approval must be received by the District Engineer's office at (252) 514-4716 prior to any lane closure. 3. The encroaching party shall not fy the District Engineer's office at (252) 514-4716 prior to beginning construction and upon completion of construction. 4. An executed copy of this encroachment agreement, contract, and plans shall be present at the construction site at all times during construction. If safety or traffic conditions warrant such action, NCDOT reserves the right to further limit, restrict, or suspend operations within the right of way. Mailing Address: 'Telephone: (252)514-4716 Location: NC DEPARTMENT OF TRANSPORTATION Fax: (252) 514-4894 209 South Glenbumie Road District 2: Permitting Office Customer Service: 1-877-3684968 New Bern, 28560 209 South Glenbumie Road New Bern, 28560 Website: www.nedot.gov Page 2 of 5 Carteret County E022-016-18-00035 General Requirements: 1) NCDOT Work Zone Control Qualifications and Training Program. Effective July 1, 2010, all flagging operations within NCDOT Right of Way require qualified and trained Work Zone Flaggers. Effective July 1, 2011, qualified and trained Work Zone Traffic Control Supervisors will be required on Significant Projects. Training for this certification is provided by NCDOT approved training sources and by private entities that have been pre -approved to train themselves. If you have questions, contact our web site at www.ncdot.org/-wzte, or contact Roger Garrett with NCDOT Work Zone Traffic Control Unit at (919) 661-4809 or rm arrettncdot.gov. 2) Ingress and egress shall be maintained to all businesses and dwellings affected by the project. Special attention shall be paid to police, fire stations, fire hydrants and hospitals. 3) Proper temporary and permanent measures shall be used to control erosion and sedimentation in accordance with all local, State and Federal regulations. 4) The contractor shall not begin the construction until after the traffic control and erosion control devices have been installed to the satisfaction of the District Engineer. 5) All workmanship and materials shall conform to North Carolina Department of Transportation Standards and Specifications manual. 6) All utilities shall be placed in accordance with the manual on Policies and Procedures for Accommodating Utilities on the Highway Rights of Way. 7) The encroaching party shall comply with all applicable federal, state and local environmental regulations, and shall obtain all necessary federal, state and local environmental permits, including but not limited to, those related to sediment control, storm water, wetland, streams, endangered species and historical sites. 8) NCDOT does not guarantee the right of way on this road, nor will it be responsible for any claim for damages brought about by any property owner by reason of this installation. 9) Any work requiring equipment or personnel within 5' of the edge of any travel lane of an undivided facility and within 10' of the edge of any travel lane of a divided facility shall require a lane closure with appropriate tapers. 10) The encroaching party is required to contact the appropriate Utility Companies involved and make satisfactory arrangements to adjust the utilities in conflict with the proposed work prior to beginning construction. 11) Trenching, bore pits and/or other excavations shall not be left open or unsafe overnight. The Contractor shall comply with all OSHA requirements and provide a competent person on site to supervise excavation at all times. 12) Excavation material shall not be placed on pavement. Drainage structures shall not be blocked with excavation materials. Any drainage structure disturbed or damaged shall be restored to its original condition as directed by the District Engineer. Page 3 of 5 Carteret County E022-016-18-00035 13) All fill areas/backfill shall be compacted to 95% density in accordance with AASHTO T99 as modified by the NCDOT. All material to a depth of 8 inches below the finished surface of the subgrade shall be compacted to a density equal to 100% of that obtained by compacting a sample of the material in accordance with AASHTO T99 as modified by the Department. The Contractor shall dry or add moisture to the subgrade when required to provide a uniformly compacted and acceptable subgrade. All material placed in a maximum of 6" lifts. 14) All earth areas disturbed shall be graded, dressed, seeded, mulched, and tacked with liquid asphalt or other approved means within 10 days of completion of work in any area. 15) Vegetative cover shall be established on all disturbed areas in accordance with the recommendations of the Division Roadside Environmental Engineer. 16) Any disturbed guardrail shall be reset according to the applicable standard or as directed by the District Engineer. 17) All roadway signs that are removed due to construction shall be reinstalled as soon as possible, but at least by the end of the same workday. 18) Right of way monuments disturbed during construction shall be referenced by a Registered Land Surveyor and reset after construction. 19) Work requiring lane or shoulder closures shall not be performed on both sides of the road simultaneously within the same area. 20) No parking or material storage shall be allowed along the shoulders of any state - maintained roadway. 21) All existing structures, pavement, drainage or otherwise, located inside the Right of Way that are affected by this work shall be restored to meet the NCDOT Standards and Specifications as directed by the District Engineer. Any and all repairs required for open pavement cuts will utilize the same thicknesses of asphalt that was existing; no ABC will be used in the filling of pavement cuts to get the desired finish elevation of the surface asphalt. 22) All concrete and asphalt driveways within NCDOT right of way shall be crossed by dry bore methods. Any deviation shall be replaced with like materials and be warranted for three years to cover all damages resulting from the open cut. Proper Traffic Control; Devices, Signs, etc., shall be installed to insure public safety. 23) Minimum two feet clearance required for utility installations beneath crossline pipes. Crossline pipe shall be removed to allow for proper installation of utility. If crossline pipe is damaged it shall be replaced with new pipe. The utility shall be encased if the clearance is less than four feet. 24) Minimum of two feet clearance below the stream bed or flowline of crossline is required. The utility shall be encased for a minimum distance of ten feet on each side of the centerline of the stream. The utility cannot be located closer than five feet from the end of crossline pipe. 25) Directional drilling methods have not been given statewide approval for use on NCDOT right of -way. Under no condition shall jetting alone or wet boring with water of utility pipelines be allowed. Directional boring using jetting with a Bentonite (or equivalent material) slurry is Page 4 of 5 Carteret County E022-016-18-00035 approved at a minimum depth of ten (10) feet below the pavement surface [fifteen (15') feet below the surface of partial and/or full control of access roads] and two (2) feet below any ditch line. Directional boring is not allowed in embankment material. Directional boring is allowed beneath embankment material in naturally occurring soil. Any parallel installation utilizing the directional boring method shall be made at a minimum depth of three (3') feet (cover) below the ground surface and outside the theoretical 1:1 slope from the existing edge of pavement except where the parallel installation crosses a paved roadway. All directional bores shall maintain ten (10) feet minimum (clear) horizontal distance from the nearest part of any structure, including but not limited to bridges, footings, pipe culverts or box culverts. All directional bores shall maintain ten (10) feet minimum (clear) vertical distance from the nearest part of pipe culverts or box culverts. Directional bores are not allowed beneath bridge footings, culvert wingwall footings or retaining walls. The tip of the drill string shall have a cutter head. Detection wire shall be installed with non-ferrous material. Any changes shall be submitted to the District Engineer for approval prior to construction. For multiple conduit installations (including perpendicular & parallel installations), install conduits with five (5) feet minimum (clear) horizontal separation between each conduit or install multiple conduits within a single duct. An overbore shall not be more than two (2") inches greater than the diameter of the pipe or encasement. An overbore exceeding two (2") inches greater than the diameter of the pipe or encasement will be considered if the encroachment agreement includes a statement signed and sealed by a licensed North Carolina Professional Engineer indicating that an overbore in excess of two (21 inches of the diameter of the pipe or encasement will arch and no damage will be done to the pavement or sub - grade. HDPE pipe installed by directional boring shall not be connected to existing pipe or fittings for one (1) week from the time of installation to allow tensional stresses to relax. 26) During non -working hours, equipment shall be parked as close to right of way lines as possible and be properly barricaded in order to not have any equipment obstruction within the Clear Recovery Area. 27) All soils located inside the Right of Way shall be considered a type "C" soil. All trenching, shoring and excavation shall follow the OSHA guidelines for this type of soil. 28) All shoulder installation shall remain a minimum of 1 foot distance per 1 foot depth (1:1 slope) from the edge of pavement to the nearest inside wall of excavation. 29) Crossing by bore only no open cuts will be permitted. 30) Roadway bores shall be installed perpendicular to the centerline. 31) All roadway crossings that exceed 6" shall be encased. 32) All roadway crossings by dry bore method shall be a minimum of 3 feet below the elevation of the existing roadway and 3 feet below the existing ditch. 33) Pipe encasements shall extend from ditch line to ditch line in cut sections, and 5 (five) feet beyond toe of slope in fill sections, and 3 (three) feet behind curb sections. 34) Directional boring using jetting with a Bentonite (or equivalent material) slurry is approved at a minimum depth of 10 (ten) feet below the roadway surface (15 feet for controlled access roadways) and 5 (five) feet below any ditch line. Any changes shall be submitted to the District Engineer for approval prior to construction. Page 5 of 5 Carteret County E022-016-18-00035 35) All splice boxes, manholes, and other appurtenances within the NCDOT right of way shall be located at/outside the right of way line. Manholes and/or vaults shall not be placed in the ditch line, side slopes of the ditches, or in the pavement. 36) All manholes and/or vaults within NCDOT right of way shall be of pre —approved design. If any proposed structure is not of a design pre -approved by NCDOT, the encroaching party shall submit details and design calculations signed and sealed by a State of North Carolina registered Professional Engineer for approval prior to construction. NCDOT Design Services may be contacted for an approved design list. 37) Detection tape shall be buried in the trench approximately 1 foot above the fiber optic cable. Where conduit is installed in the right of way and is not of ferrous material, locating tape or detection wire shall be installed with the conduit. 38) Where utility is installed in the Right of Way and are not of ferrous material, a locating tape shall be installed with the pipeline. 39) Any drop off greater than 2" from the edge of pavement shall be made safe by using a 6:1 slope or flatter for a width of 6 feet. 40) Any utility marker required shall be as close to the right of way line as possible. If it is not feasible to install markers at or near the right of way line, written approval specific to the site shall be obtained from the District Engineer prior to installation. Sincerely, DocuSigned by: EAD97686041475... R. Preston Hunter, P.E. Division Engineer ROUTE SR 1176 PROJECT Calico Creek COUNTY OF STATE OF NORTH CAROLINA CARTERET DEPARTMENT OF TRANSPORTATION -AND- Charter Communications 500 Time Warner Dr. Newport, NC 28570 Jason Stone (252) 223-6414 THIS AGREEMENT, made and entered into this the 25 day of of Transportation, party of the first part, and RIGHT OF WAY ENCROACHMENT AGREEMENT PRIMARY AND SECONDARY HIGHWAYS July 20 18 by and between the Department Charter Communication party of the second part, WITNESSETH THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route(s) SR 1176 , located Crossing Calico Creek at Bridge number 150034 with the construction and/or erection of: Directional bore across SR 1176 a total of 60 feet of coax cable in 2" polyethylene SDR 13.5 HDPE Type 3. Directional bore across SR 1176 a total of 60 feet of fiber optic cable in 4" polyethylene SDR 13.5 HDPE Type 3. Then directional bore along SR 1176 a total of 675 feet of coaxial cable in 4" polyethylene SDR 13.5 HDPE Type 3. Parallel directional bore minimum depth is 48" and within 7 feet of the RAN and road crossing directional bore is 10 feet minimum depth of using Vermeer D24 bentonite additive. WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the installation, operation, and maintenance of the above described facility will be accomplished in accordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS -OF -WAY, and such revisions and amendments thereto as may be in effect at the date of this agreement. Information as to these policies and procedures may be obtained from the Division Engineer or State Utility Agent of the party of the first part. That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures necessary due to the installation and existence of the facilities of the party of the second part, and if at any time the party of the first part shall require the removal of or changes in the location of the said facilities, that the said party of the second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the said requirement, without any cost to the party of the first part. That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first part. That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and claims for damage that may arise by reason of the installation and maintenance of this encroachment. That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the first part. That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the Division Engineer of the party of the first part. That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless evidence of approval can be shown. Provided the work contained in this agreement is being performed on a completed highway open to traffic, the party of the second part agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will not be required. That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the first part. That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the party of the second part from the party of the first part. During the performance of this contract, the second party, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor'), agrees as follows: a. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally- - - assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the FORM RM/ 16.1 (Rev. July 1, 1977) grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. c. Solicitations for Subcontracts including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (1) withholding of payments to the contractor under the contract until the contractor complies, and/or (2) cancellation, termination or suspension of the contract, in whole or in part. f. Incorporation of Provisions: The contractor shall include the provisions of paragraphs "a" through "f' in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Department of Transportation to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. R/W (161) : Party of the Second Part certifies that this agreement is true and accurate copy of the form R/W (161) incorporating all revisions to date. IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and year first above written. ATTEST OR WITNESS: Jason Stone, Construction Coordinator 500 Time Warner Dr., Newport, NC 28570 (252) 223-6414 INSTRUCTIONS DEPARTMENT OF TRANSPORTATION BY: (ocuSigned by: 4o4L I` IVI ION ENGINEER —CIEAD976136E141475. s�" Mark Swindell, Construction Manager 2321 Scientific Park Dr., Wilmington, NC 28405 Second Party When the applicant is a corporation or a municipality, this agreement must have the corporate seal and be attested by the corporation secretary or by the empowered city official, unless a waiver of corporate seal and attestation by the secretary or by the empowered City official is on file in the Raleigh office of the Manager of Right of Way. In the space provided in this agreement for execution, the name of the corporation or municipality shall be typed above the name, and title of all persons signing the agreement should be typed directly below their signature. When the applicant is not a corporation, then his signature must be witnessed by one person. The address should be included in this agreement and the names of all persons signing the agreement should be typed directly below their signature. This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the following applicable information: 1. All roadways and ramps. 2. Right of way lines and where applicable, the control of access lines. 3. Location of the existing and/or proposed encroachment. 4. Length, size and type of encroachment. 5. Method of installation. 6. Dimensions showing the distance from the encroachment to edge of pavement, shoulders, etc. 7. Location by highway survey station number. If station number cannot be obtained, location should be shown by distance from some identifiable point, such as a bridge, road, intersection, etc. (To assist in preparation of the encroachment plan, the Department's roadway plans may be seen at the various Highway Division Offices, or at the Raleigh office.) 8. Drainage structures or bridges if affected by encroachment (show vertical and horizontal dimensions from encroachment to nearest part of structure). 9. Method of attachment to drainage structures or bridges. 10. Manhole design. 11. On underground utilities, the depth of bury under all traveled lanes, shoulders, ditches, sidewalks, etc. 12. Length, size and type of encasement where required. 13. On underground crossings, notation as to method of crossing - boring and jacking, open cut, etc. 14. Location of vents. GENERAL REQUIREMENTS Any attachment to a bridge or other drainage structure must be approved by the Head of Structure Design in Raleigh prior to submission of encroachment agreement to the Division Engineer. All crossings should be as near as possible normal to the centerline of the highway. Minimum vertical clearances of overhead wires and cables above all roadways must conform to clearances set out in the National Electric Safety Code. Encasements shall extend from ditch line to ditch line in cut sections and 5' beyond toe of slopes in fill sections. All vents should be extended to the right of way line or as otherwise required by the Department. All pipe encasements as to material and strength shall meet the standards and specifications of the Department. Any special provisions or specifications as to the performance of the work or the method of construction that may be required by the Department must be shown on a separate sheet attached to encroachment agreement provided that such information cannot be shown on plans or drawings. The Department's Division Engineer should be given notice by the applicant prior to actual starting of installation included in this agreement. m p cn co00 8' MAX. WITH WIRE T. (6 MAX. WITHOUT WIRE) LL_j mZ�=D oo= )=Z _- cm VQO= z=�po MIDDLE AND VERTICAL WIRES �=~zw �o,r., SHALL BE 12142 GAUGE MIN. cnF-U-o_j c> =Z ooN¢ yD Z Ha[ H H co CL i TOP AND BOTTOM STRAND o 0 SHALL BE 10 GAUGE MIN z WIRE FILTER FABRIC o W G� U- 3� CDz 3 m D NOTES o J _< p USE WIRE A MINIMUM OF 32" p M D IN WIDTH AND WITH A MINIMUM FILTER FABRIC N o OF 6 LINE WIRES WITH 12" STAY COMPACTED FILLo r v SPACING. Q 7° USE FILTER FABRIC A MINIMUM �' a OF 36" IN WIDTH AND FASTEN M z ADEQUATELY TO THE WIRE AS — — cn d mp DIRECTED BY THE ENGINEER. _) I=I I I 8„ I I I= I I I- -I I I= I I Z W -n PROVIDE 5 -0 STEEL POST OF THE x SELF -FASTENER ANGLE STEEL TYPE. 1 w L o 4„ STEEL POST - 2'-0" DEPTH EXTENSION OF FABRIC AND FHFT 1 OF 1 WIRE INTO TRENCH SHEET 1 OF '605.01 1605.0 National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Compliance Certification I , Mark Swindell , a duly authorized representative of Charter Communications , an industrial/commercial/residential facility requesting attachment to a North Carolina Department of Transportation (NCDOT) highway drainage system at SR 1176 address, in Carteret County, do hereby certify the following: Check appropriate box and circle type of facility The Industrial / Commercial / Residential facility does not require an NPDES stormwater permit. The Industrial / Commercial / Residential facility does require an NPDES stormwater permit. The permit has been obtained and a Stormwater Pollution Prevention Plan (SPPP) is in place. Appropriate structural stormwater best management practices (BMPs) are designed and will be in place as required by the North Carolina Department of Environment and Natural Resources (NCDENR) and/or the local governing agency. All structural stormwater BMPs are located outside of NCDOT right-of-way. I understand if the NCDOT determines the facility is not in compliance with NPDES stormwater requirements, the Department will report the noncompliance to the NCDENR Division of Energy, Mineral and Land Resources. I also understand that falsification of this certification may result in penalty of law against the facility and me as prescribed in the North Carolina General Statutes. Signature: Date: June 28, 2018 Note: If the applicant has a question as to whether an NPDES stormwater permit is required, he or she may contact the NCDENR Division of Energy, Mineral and Land Resources in Raleigh at (919) 707-9200 (ask for Stormwater and General Permits Unit). Form NPDES-1 December 1, 2014 VERIFICATION OF COMPLIANCE WITH ENVIRONMENTAL REGULATIONS (Check Appropriate Box) OPermits from the N.C. Department of Environment and Natural Resources and the U.S. Army Corp of Engineers are not required for this project. However, all applicable federal and state regulations have been followed. The required permits from the N.C. Department of Environment and Natural Resources and the U.S. Army Corp of Engineers have been obtained for this project. Copies of permits and Completion Certificates are attached. All applicable NPDES Stormwater Permit requirements have been met for this project. (The applicant should contact the N.C. Division of Water Quality in Raleigh to determine if a stormwater permit is required.) aThe project is in compliance with all applicable sedimentation and erosion control laws and regulations. Project Name: Calico Creek Township: Morehead Project Engineer: Jason Stone Project Contact: Stan Ramsey Xe 1�rt1 Applicant's Name: Charter Communications Date Submitted: June 28, 2018 Form VCER-1 June 1, 2006 County: Carteret Phone No.: (252) 223-6414 P.E. SEAL Post., service" SENDER: COMPLETE / + ■ Complete items 1, 2, and 3. A' Signature ' t S CERTIFIED MAILP RECEIPT + omestic Mail Only ■ Print your name and address on the reverse X n r C3 Addivisses so that we can return the card to you. Is Attach this card to the beck 61 the mailpis", 9 U S. Received by (Punted Name) C. Date of Derwary a Of on the front if spacepennits. i`11 V - t/ c $ _) 1 - K a7 _ 1. ArticleAddreased tg; _.��' , D. 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