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HomeMy WebLinkAbout74765D - Brunswick¢ G?S•L1JGEJ "AlITY V }�CAMAr/ )4DeEDGE & FILL GE9YERAL PERMIT iXNew - .Modification ❑Complete Reissue ❑Partial Reissue No. 74765 A B C Previous permit # Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality /1 /- and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC gRNn15W IGK C `O- 4-Ty Rules attached. Applicant Name c/o Wl"iAM pi"i'VLX Project Location: County OF. un15 &,41 CK Address PO f) Oy( 2 4 -1 City 1250LI V IA State ZIP ;t g4 2-2 Street Address/ State Road/ Lot #(s) /VC 'DOT R 0 W SmA i N o r H WX '74 11b IEASr Phone # ( ) A11A E-Mail ^t A Subdivision - 1//,A Authorized Agent L 4 G — K. 114 W ILL IA KS /OLUA G`-ity I— FLAW D ZIP 28451 Affected ❑ CW ❑ EW )(PTA ❑ ES )<PTS AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A PWS: ORW: yes / (1O PNA yes /efroD Fing Groi Bulk Basin Boat Boat Beac n Shor SAV: Mo Phot AcirAT Phone # (110 ) 411— 5035 River Basin LIAwAQER Adj. Wtr. Body N OOD C-9 E I-K & /man /unkn) Closest Maj. Wtr. Body T Wy CRcr-K --P CF R ■■■ Waive- - - _ A building permit may be required by: 1?rztANS ► i i c IL Cou.V'ry ❑ See note on back regarding River Basin rules. ( Note Local Planning jurisdiction) p Notes/ Special Conditions L7 � N , I (aD(� A IL o-r"y-y— FEo Ei-1 L.-, S-rA-M X LOCAL Fr-G►w1.M1oNS. ALATNOR•\ZATIONTA-r— LA FRM T►-ACi1NDW'DWR <JAALL RL £ C7/ 171-% S .IE17 rIZ%LnV- Tn t_o�1S7K �wC-r rswl. \ �a iIA'Ao fhA1JAbt1" CI �. Agent orA plicant Print N Sig17400 e Please read compliance statement on back of permit 4�- 01 s Application Fee(s) Check # I111La-¢ Mr, C��1 Permit Officer's Printed ame . /.,& Signature 441 I2/t q /2011 I;2119' %ozo Issuing Date EY *ration Date * _r WORK HAS v'T SrARTF-o LMG LAND MANAGEMENT GROUP a DAVEY company November 13, 2019 TO: Mr. Tyler McGuire NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: CAMA General Permit 0.1600 Application Highway 74/76 Transmission Water Main Applicant: Brunswick County Dear Tyler: On behalf of Brunswick County, Land Management Group is submitting a CAMA General Permit application for the installation of a 12" water main under a Public Trust waterbody, Hood Creek, in Brunswick County. This crossing is part of the Highway 74/76 Transmission Water Main project, which will run 8,665 linear feet of water main along the south side of Highway 74/76 from Old Maco Road to Mintz Road in the northeastern part of Brunswick County. The purpose of the project is to provide this section of Brunswick County with a safe and reliable water supply. It will connect two disjointed water lines together and will improve flow and pressure to residents. The line will be installed within a NCDOT Right -of -Way and the County has applied for an encroachment agreement from NC DOT. This application requests CAMA General Permit 0.1600 to authorize the installation of the water line underneath this public trust waters via directional drilling. The entry and exit points for the directional drill will be located outside of the public trust waters boundaries and the pipe will be located a minimum of 6 feet below the bottom of the creek. LMG delineated wetlands within the project area and we have requested a site meeting with Gary Beecher of the US Army Corps of Engineers to review the line. Section 404/401 permits are being requested from the US Army Corps of Engineers and the NC Division of Water Resources for temporary wetland impacts proposed within the larger project area. The adjacent riparian landowners to the crossings at the location of the public trust waters have been notified and copies of the notification letters are included in this application. The "green card receipts" from these certified mail notifications are enclosed and the green cards will be forwarded to your office as soon as they are received. If you have any questions, or would like to discuss the application, please do not hesitate to call. DECEIVED www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 NOV 18 2019 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DCM WILMINGTON, NC Applicant: Brunswick County c/o William Pinnix, P.E. P.O. Box 249 Bolivia, NC 28422 Thank you for your assistance. Sincerely, 1 I Kim Williams Environmental Scientist Encl. Cc: William Pinnix, Brunswick County Phil Norris, Norris and Tunstall Consulting Engineers RECEIVED NOV 18 Z019 DCM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Brunswick County c/o William Pinnix, P.E. Mailing Address: PO Box 249 Bolivia, NC 28422 Phone Number: 910-253-2408 Email Address: wiIliam.pinnix@brunswickcountync.gov I certify that I have authorized Land Management Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Installation of 12" water main under Public Trust Waters AEC (Hood Creek) via directional bore. at my property located at NC DOT Right of Way; south of Hwy 74/76 in Brunswick County. l furthermore certify that 1 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 Print or Type Name Title 0 /l -5' 1 7019 Date RECEIVED This certification is valid through 3 / / 2(12 / NOV 18 2019 DCM WILMINGTON, NC o a Domestic Only a ' mA L'. 1-1 Certified Mail Fee $3. 50 0406 m Ir $ 1 02 Etttra Services $ Fees (check bar, add feeagaogsqiate) El ReIIm Receipt ( S--!TT�1it-- O ❑ Relm Receipt (electrwiic) $ OLD Postmark O ❑ Certified Mall Restricted Delivery $ S fi. 00 Hare O ❑ Adult Signature Required $ ��} 00 ❑ Adult Signebae Restricted Delivery $ o Postage $1.30 Er oTotal Postage and 61) S ro a Sent To Jr.�m d o;;�:------------ -------------------------------- r n i2 ..- U -i L 2, VL4SI RECEIVED NOV 18 2019 DCM WILMINGTON, NC ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiq e. or on the front if space permits. 1. Article Addressed too: �' b • off Lj ���IIIIIIIII 1111111111 THIN III 9590 9402 5045 9092 9205 13 018 3090 0001 9313 0210 PS Form 3811, July 2015 PSN 7530-02-000-9053 A. SiT-4��1-6 ntr X B. Received by (Printed 1,12a � D. Is delivery address dif If YES, enter deliv U 2 0 Agent ❑ Addressee C. Date of Delivery from item 1 ❑ Year �SS b�QyV: �%d vQ, CP ,CL 1 J� 3. Service Type y% �� Prro.uy Mai Expres LJ Adult Signature L Registered I,-,- tJ Adult Signature Restricted Deliv U Registered M astr cted f,7.Cmtifled MafitO Deliver C"Alf ed Mail Restricted Delivery _ ,rn Receipt for 0 Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Confrmation"m ❑ Insured Mail 0 Signature Confirmation ❑ Insured M;rl Restricted Delivery Restricted Delivery lover $500) Domestic Return Receipt RECEIVED NOV 20 2019 DCM WILMINGTON, NC LMG LAND MANAGEMENT GROUP alk a DAVEY. company November 13, 2019 TO: Emory and Melodie Dorsey PO Box 426 Leland, NC 28451 RE: Notification of CAMA General Permit 0.1600 Application Highway 74/76 Transmission Water Main Applicant: Brunswick County Dear Mr. and Mrs. Dorsey This letter serves to notify you of work proposed by Brunswick County within a NC DOT Right of Way in Leland, NC, adjacent to your property. Specifically, the County is planning to install a water line under a public trust waterbody, Hood Creek. Because this proposed work is located within an Area of Environmental Concern as regulated by the NC Coastal Area Management Act (CAMA), a CAMA Permit is required. As an adjacent riparian landowner, you are required by the CAMA permit application process to be notified. I have enclosed the CAMA permit application materials as they have been submitted to the local Division of Coastal Management office for your review. Should you have any objections to this proposal, please send your written comments within 10 days of your receipt of this notice to: Mr. Tyler McGuire NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Tyler.McGuire@ncdenr.gov Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 10 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at kwilliams@lmgroup.net. Sincerely, _ Kim Williams Environmental Scientist Encl. RECEIVED Cc: Mr. Tyler McGuire, NC DCM DCM WILMINGTON, NC www.lmgroup.net • info@Imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 i ti v n Z CD C n Z o Z 00 j L m m v Z 0 Legend Project Area L:\wetlands\2019\LMG 19.025\maps\Mapset. mxd Boundaries are approximate and not meant to be absolute. Map Source: World Street Map Hwy 74/76 Water Main Brunswick County, NC Map Date: 4/29/19 LMG 19.025 t 'sir Rd NE DJECT AREA 9b 4fF' Leland NaVOIS3 hfi „ a R i C V Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI`_Esri China (Hong Kong), Esri Korea, Esri (Thai a,,nd) NGCC, © OpenStreetMap contributors, andi1he GIS User Community 4LMG LAND MANAGEMENT GROUP a DAVEY# company 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 N 0 1 2 Sheet 1 of 4 Vicinity Map 4 ■ Miles C96 co RE Jjam,,-•�,..' "S /V, G*S S.0 Cha ,ON 09 SANDY 'A oisposa ...... . . . . . 4P' t cdth it YA "w" 0 00 IA I 743 76 NL Legend Project Area L:\wetlands\2019\LMG19.025\maps\Mapset.mxd N 0 500 1,000 2,000 oundaries are approximate and not meant to be absolute. Feet ap Source: Leland and Acme LISGS Topographic Qu drangles MHwy 74f76 Water Main %runswick County, NC LM G 71 LAND MANAGEMENT GROUP Sheet 2 of 4 M Ma 10 p Date- 4/29/19 a DAVEY# company Topographic Map UD 3805 Wrightsville Avenue LMG19.025 Wilmington, NC 28403 (910) 452-0001 NOTE: This is not a survey. All boundaries and distances are considered - approximate. This represents a preliminary sketch prepared from field notes. ��r ,,` + }�► A survey of delineated areas and review and approval by the U.S. Army �.r•+ .� r Corps of Engineers is recommended prior to specific site planning. r r i t J sti5♦ .R 4 ..c.�• K ,q(4 of F SC; .. y..,r.` {-'''"` *;' �ti7.'^'".s_..,..' e4 y"`5°`"i4. t tiYy.. .�,s f.rfytr �. 1S .`^F. L ;• r: y14 #' 4�: dui, ;k F F t� 'f i 'Fa'+ t `� .J ttFFs! L F RK"r ♦ X.` �, Creek Trust Waters) .�.' 00 +�, g,+ { r" •� phi, �" y,r�: r'?�« f,Nyyk, :.'+a ,T." A '�F,'` 5; , ,.N `�. cZ�. �e * ' ��°t 't"+�• T. •,'.it- s + 4 Al .f C�•` -F ?`^n k L� Legend Project Area :; A �� '. i4i� /' r• 'ter. ` } -..� T as � �� ^ . 11 Potential uplands -vim 11- Fi • .P,+ . yR�T' �'. �` � Potential wetlands ------ Potential U.S. Waters (RPW) Public Trust Waters (Hood Creek)to \wet1ands\2019\LMG19.025\maps\aprilsketch.mxd 0 400 800 1,600 oundaries are approximate and not meant to be absolut( Feet ap Source: 2016 NC OneMap Aerial Photograph n Hwy 74/76 Water Main oQ rn Brunswick County , NC 4LMG Sheet 3 of 4 < LAND MANAGEMENT GROUP Wetland Delineation Map ^� m o a D/AfEY# company (overview) Map Date: 4/29/19 3805 Wrightsville Avenue LMG 19.025 Wilmington, NC 28403 (910) 452-0001 RECEIVED STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR DATE: September 17, 2019 NOV 19 2019 DCM WILMINGTON, NC JAWS H. TROGDON, III SECRETARY TO: NCDOT, AGC, CAPA, ATSSA and NCDOT approved Trainers 00wSigned by: FROM: Steve Kite, PE, State Work Zone Engineer skvj �& E27CEXE1DFC442._. SUBJECT: Revised Work Zone Certification Requirements The Work Zone Traffic Control Section has revamped its certification programs to include Work Zone Installer requirements for those responsible for the setup and installation of traffic control devices within all highway right of way. Below are the new requirements for the Work Zone Installer certifications. Work Zone Installer Certification (New): Imulementation Date -June 1.2020 All personnel responsible for the setup and installation of Work Zone Traffic Control devices inside the highway right of way are required to be qualified and trained Work Zone Installers. Training for this certification is provided by NCDOT approved training resources and by private entities that have been pre - approved to train themselves. It is the responsibility of each employer to ensure accurate records are maintained. NCDOT will not keep records or issue cards on the Certification/Recertification of employees. Upon award of contract and before work begins, the Contractor shall provide the Engineer the work zone installer certifications with expiration dates for employees. A card issued by the certifying firm that shows the dates of certification/expiration or the employer certification will suffice. Recertification Requirements- Work Zone Installers shall be recertified every 4 years. The date is based on when they were issued their certification (card or certificate) from the approved training agency or employer. Virginia/South Carolina Certifications- If they have been certified in Virginia or South Carolina, we will accept that certification for a period of 1 year. After the year, the Work Zone Installer is required to be re -certified in North Carolina. RECEIVED Mailing Address: Telephone: (919) 814-5000 Location: NC DEPARTMENT OF TRANSPORTATION Fax: (919) 771-2745 750 N. GRE_ENFIELD PARKWAY TRANSPORTATION MOBILITY & SAFETY DIVISION Customer Service. 1-977-368-4968 NO VG f P'7 W9 27529 1561 MIl. ASERVICE CENTER 1 RALEIGK NC 27699-1561 Website: www.ncdot.gov DCM WILMINGTON, NC Self -Certification- Companies that perform internal training for their employees and do not train outside their company are allowed to self -certify their employees provided the following requirements are met. The company must have an NCDOT approved Certified Trainer as defined below perform the Installer training. Self -Certification Trainer The Self Certification trainer shall be a Certified Work Zone Supervisor with a minimum of 8 years of highway/traffic control experience with 4 years as a Certified Work Zone Supervisor. The trainer will also be required to recertify with an outside training agency every 4 years. Any company desiring to train and certify Work Zone Installers shall submit their trainer as well as their training materials and certification exam to the Work Zone Traffic Control Section for approval. The Work Zone Traffic Control Section reserves the right to keep a copy of these training materials and certification exam for comparison purposes. The exam must have a minimum of 25 questions on Division I 1 of the Specifications and Roadway Standard Drawings, a minimum of 15 questions on proper methods/best practices of installation/removal of traffic control devices, and a minimum of 10 questions on the use of Changeable Message Signs, Work Zone Presence Lighting, Digital Speed Limit Signs, Sequential Flashing Lights, High Visibility Devices, portable traffic signals/AFADS. The exam format will be approved by NCDOT. Each installer must score 70 or above to be certified. Retesting is permissible until the employee scores 70 or above. The above requirements will become effective June 1, 2020 and if anyone has any questions, feel free to contact me at skiteamcdot.gov or Roger Garrett at rmgarrett@ncdot.gov. Cc: Joe Hummer, PE, Traffic Management Engineer Victor Barbour, PE, Carolina's AGC President Chris P. Fresa, President Carolina's ATSSA Chapter Ellis Powell, PE, CAPA President Lamar Sylvester, PE State Construction Engineer Division Engineers NCDOT Approved Training Companies COUNTY OF BRUNSWICK ENGINEERING SERVICES Post Office Box 249 20 Referendum Drive NE • Bolivia, North Carolina 28422 Building G October 4, 2019 Mr. Benjamin T. Hughes, P.E. District Engineer NCDOT District 3 Office 300 Division Drive Wilmington, NC 28401 Re: Bond Release Agreement Project: US Hwy 74/76 Water Main NCDOT Encroachment E033-010-00321 Old Maco Road Dear Mr. Hughes: The County of Brunswick is in the process of permitting the US Hwy 74/76 Water Main from Old Maco Road East to the warehouse on Hwy. 74/76. The County agrees NOT to release their Contractor's pay and performance bond until NCDOT has approved and signed off on the completed work for this encroachment. We understand that in doing so, a separate bond will not be required. Sincerely, p0e=Y yP*d by Wm. L ftrdX P.E. ON: ­us' ®ty W nwlcl¢n�nly�c.pov. Wm. L. Pinnix, P.E. EwNllsn.pYM1O'9wn **County. N.C-. ouEnpMalnp oepamnnK CN=IMm. L Plnnhc PE Cate: 201'110.04 1717:45-04W William L. Pinnix, P.E. County Engineer J= 4 A NT# 18127 VERIFICATION OF COMPLIANCE WITH ENVIRONMENTAL REGULATIONS (Check Appropriate Box) Permits 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. DeMieent of Environment and Natural Resources and the U.S. Army Corp of Engineers boboairdted-for this project. Copies of permits and Completion Certificates are attached. Once permits are obtained the copies will be forwarded. 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.) 0 The project is in compliance with all applicable sedimentation and erosion control laws and regulations. Project Name Township: Project Engineer. Project Contact: Hwy 74-76 Water Main County: Brunswick Norris & Tunstall Consulting Engineers. P.C. phone No.: 910-287-5900 J. Phillip Norris, P.E. g�1" CAaO Applicant's Name: William L. Pinnix, P.E. -bliuvourvtn Date Submitted: / Form VCER- I June 1, 2006 zip NU 18127 National Pollutant Elimination System (NPDES) Stormwater Permit Compliance Certification I William L. Pinnix , a duly authorized representative of Brunswick County , an industrial/commercial/residential facility requesting attachment to a North Carolina Department of Transportation highway drainage system at 74-76 E in Brunswick County County, do hereby certify the following: Check appropriate box and circle type of facility ✓0 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 (BMP) are designed and installed as required by the Department of Environment and Natural Resources (DENR) and/or the local governing agency. All structural stormwater BMP's are located outside of NCDOT right —of-way. I understand if the Department of Transportation determines the facility is not in compliance with NPDES stormwater requirements, the Department will report the noncompliance to the DENR Division of Water Quality. 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: I_A )5�; - � L . — Date: Note: If the applicant has a question as to whether an NPDES stormwater permit is required, he or she may contact the N.C. Division of Water Quality in Raleigh at (919) 733-5083 (ask for Stormwater and General Permits Unit). Form NPDES-1 May 22, 2006 Elton 21, 77 East Arcadia Riegelwood Delco Roan Island 3655 Old Maco Road Northeast �4 87 Leland 74 Winnabow Castle H 333 Wrightsboro Eagle Island Wilrr e d Silver Lakc Myr- m aww n.•.w.... r a L U O Z 2 O Y ; R 2. o VICINITY MAP 0�0 N'PGO BOPo ' \\ 3 � J Z \R1 = = O ZO 1 ~ > U 2m AR J S r - � fir 6 ------------------ \ 6' - QRS � I rs6r � irr66 c7 0 / 18177 sw SRO O SCALE: 1" = 300' C LL A'• jr,——= lag � J a, I PLAN l d"i S ME: i'.W PROFILE SCALES: : HOR. 1' — 5' `/ER. r- f+ I I F I P — df' I a Iw w LU Ico w Iw LEGEND x noe oonrM sm naw�na. omw W�aoaec NO �S� k T�UN5fAI2. enuM•wieM ^"� � =zz EI WAMRM r MWY YM TRAMMOM MWATMI SHEET NO: P-1 ie�ai m-��••*�• STATE OF NORTH CAROLINA DEPARTNENT OF TRANSPORTATION ROY COOPER GOVERNOR September 24, 2019 COUNTY: Brunswick SUBJECT: Encroachment Contract E033-010-19-00322 — Brunswick County Mr. William L. Pinnix, PE Director of Engineering Brunswick County P.O. Box 249 Bolivia, NC 28422 Dear Mr. Pinnix: JAmEs H. TRomom III SECRETARY Attached for your files is a copy of the above -referenced Right of Way Encroachment Contract, properly executed. This contract covers the following: Installation of 4,550LF of 12" DR18 C-900 PVC watermain, 650 LF of 12" DR 18 C-900 FPVC watermain by directional drill and trenching and (6) fire hydrants along US 74-76 E in Brunswick County. APPROVED SUBJECT TO: Attached Special Provisions and any other permits required to work within the wetlands inside NCDOT's rights of way. Carl Barclay, MPA, PE State Utilities Manager DOOUSigned by: CiAAA56AED5487... Larry D. Sanders, MGIST, PE State Encroachments Engineer LDS/j ds Attachment Mailing Address: Telephone: (919)707-6690 NC DEPARTMENT OF TRANSPORTATION Fax. (919) 2504151 1555 MAIL, SERVICE CENTER Customer Service: 1-877-3684968 RALEIGH, NC 27699-1555 Website: www.ncdot.gov Location: 1020 BIRCH RIDGE DRIVE RALEIGH, NC 27610 SPECIAL PROVISIONS R/W 16.2 Brunswick County E033-010-19-00322 WORK ZONE TRAFFIC CONTROL QUALIFICATIONS AND TRAINING PROGRAM All personnel performing any activity inside the highway right of way are required to be familiar with the NCDOT Maintenance / Utility Traffic Control Guidelines (MUTCG). No specific training course or test is required for qualification in the Maintenance /Utility Traffic Control Guidelines (MUTCG). All flagging, spotting, or operating Automated Flagger Assist Devices (AFAD) inside the highway right of way requires qualified and trained Work Zone Flaggers. Training for this certification is provided by NCDOT approved training resources and by private entities that have been pre - approved to train themselves. All personnel in charge of overseeing work zone Temporary Traffic Control operations and installations inside the highway right of way are required to be qualified and trained Work Zone Supervisors. Training for this certification is provided by NCDOT approved training resources. For questions and/or additional information regarding this training program please refer to our web site at https://connect.ncdot.zov/proiects/WZTC/Pages/Training.aspx or call J.S. (Steve) Kite, PE at (919) 814-4937 or skite(a)ncdot.gov or Roger Garrett at (919) 814-5045 or rmgarrett(a-%ncdot.gov, both with the NCDOT Work Zone Traffic Control Section. 1. The encroaching party shall notify the District Engineer's office at telephone (910) 398-9100 prior to beginning construction and after construction is complete. 2. An executed copy of this encroachment agreement shall be present at the construction site at all times during construction. If safety or traffic conditions warrant such an action, NCDOT reserves the right to further limit, restrict or suspend operations within the right of way. 3. 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. 4. 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. 5. Excavation within 1000 feet of a signalized intersection will require notification by the encroaching party to the Division Traffic Engineer at telephone number (910) 341-2200. All traffic signal or detection cables must be located prior to excavation. Cost to replace or repair NCDOT signs, signals, or associated equipment shall be the responsibility of the encroaching party. 6. 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, stormwater, wetland, streams, endangered species and historical sites. Special Provisions Page 2 of 5 R/W 16.2 Brunswick County E033-010-19-00322 7. 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. 8. Trenching, bore pits and/or other excavations shall not be left open or unsafe overnight. 9. The Contractor shall comply with all OSHA requirements and provide a competent person on site to supervise excavation at all times. 10. 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 at least 100% of that obtained by compacting a sample of the material in accordance with AASHTO T99 as modified by the Department. The subgrade shall be compacted at a moisture content which is approximately that required to produce the maximum density indicated by the above test method. The contractor shall dry or add moisture to the subgrade when required to provide a uniformly compacted and acceptable subgrade. 11. Vegetative cover shall be established on all disturbed areas in accordance with the recommendations of the Division Roadside Environmental Engineer. 12. Proper temporary and permanent measures shall be used to control erosion and sedimentation in accordance with all local, State and Federal regulations. 13. All materials and workmanship shall conform to the NCDOT Standards and Specifications for Roads and Structures. 14. Strict compliance with the Policies and Procedures for Accommodating Utilities on Higahway Rights o w� manual shall be required. 15. The resetting of the Control of Access fence shall be in accordance with the applicable NCDOT standard and as directed by the District Engineer. 16. 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. 17. Any disturbed guardrail shall be reset according to the applicable standard or as directed by the District Engineer. 18. All driveways altered during construction shall be returned to a state comparable with the condition of the driveways prior to construction. 19. Right of Way monuments disturbed during construction shall be referenced by a registered Land Surveyor and reset after construction. 20. All roadway signs that are removed due to construction shall be reinstalled as soon as possible. 21. 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 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. When there is no guidance provided in the NCDOT Roadway Standard Drawings and Standard Speci ications for Roads and Structures, comply with the Manual on Uni onn Traic Control Devices for Streets and Highway and amendments or supplements Special Provisions Page 3 of 5 R/W 16.2 Brunswick County E033-010-19-00322 thereto. Information as to the above rules and regulations may be obtained from the NCDOT Division Engineer. 22. All lanes of traffic are to be open during the hours of 6:00 A.M. to 9:00 A.M. and from 4:00 P.M. to 6:00 P.M., or as designated by the District Engineer. Traffic shall be maintained at all times. 23. Ingress and egress shall be maintained to all businesses and dwellings affected by the project. Special attention shall be paid to police and fire stations, fire hydrants and hospitals. 24. 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. 25. Work requiring lane or shoulder closures shall not be performed on both sides of the road simultaneously within the same area. 26. No access, parking or material storage shall be allowed along or from C/A Roadway. No parking or material storage shall be allowed along the shoulders of any state- maintained roadway. 27. During non -working hours, equipment shall be parked as close to the right of way line as possible and be properly barricaded in order not to have any equipment obstruction within the Clear Recovery Area. 28. 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 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 (2") 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. 29. All utility access points, such as manholes, splice boxes and junction boxes shall be located at or outside the right of way line. Manholes, splice boxes, junction boxes and vaults shall not be placed in the ditch line, side slopes of the ditches or in the pavement. All manholes, splice boxes, junction boxes and vaults and covers shall be flush with the ground when located within the vehicle recovery area. Special Provisions Page 4 of 5 R/W 16.2 Brunswick County E033-010-19-00322 30. All utility facilities, including manholes, valve boxes, meter boxes, splice boxes, junction boxes, vaults and access covers, within NCDOT right of way shall have been designed for HS-20 loading rated for continuous traffic. A listing of currently approved manholes and vaults is available at https://apps.dot.state.nc.us/vendor/approvedproducts. 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 Professional Engineer for approval prior to construction. 31. Any pavement replacement or repair required due to this installation shall be the responsibility of the encroaching party. Pavement repair or replacement shall be in accordance with the requirements of and to the satisfaction of the District Engineer 32. 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 right of way specific written approval shall be obtained from NCDOT prior to installation. 33. Note that this review is intended for the general conformance with the policies and procedures concerning the protection of current and potential future facilities located within the NCDOT rights of way and easements. This review and associated plan comments in no way construes any design, design change, or change in the intent of the design by the Owner, Design Engineer, or any of their representatives. 34. Lane closures on Stella Drive shall be limited to one lane at a time to allow continual access to the properties served by Stella Drive. Traffic control for this lane closure shall require hand flaggers and shall comply with hand -flagging procedures described in the Manual on Uniform Traffic Control Devices which cover dead-end (no outlet) roads. 35. The radius at the Stella road intersection shall be milled and fill throughout. See image below. Special Provisions Page 5 of 5 R/W 16.2 Brunswick County E033-010-19-00322 Special Provisions Page 6 of 5 R/W 16.2 Brunswick County E033-010-19-00322 NT# 18127 STATE PROJECT ROUTE 74-76 E FEDERAL PROJECT DEPARTMENT OF TRANSPORTATION -AND- Brunswick County STATE OF NORTH CAROLINA COUNTY Brunswick RIGHT OF WAY ENCROACHMENT AGREEMENT INTERSTATE AND OTHER CONTROLLED ACCESS HIGHWAYS THIS AGREEMENT, made and entered into this the day of 20 by and between the Department of Transportation, party of the first part; and Brunswick 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) 74-76 E 74-76 E & Maco Rd (NC-87) with the construction and/or erection of: , located Approximately 1/2 mi SE from the intersection of 550 LF of 12" DR18 C-900 PVC watermain, 650 LF of 12" DR18 C-900 FPVC watermain by directional drill, 10'x10'x4' drill pit, 10'x10'x4' receiving pit (6) fire hydrant assembly, & an open cut & asphalt pavement patch on Stella Drive SR 1726 (within R/W of US 74-76) 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 hereby agrees that access for servicing its facilities will be limited to access via (a) frontage roads where provided, (b) nearby or adjacent public roads and street, or (c) trails along or near the highway right of way lines, connecting only to an intersecting road; from any one or all of which entry may be made to the outer portion of the highway right of way. The parry of the second part's rights of access to the through -traffic roadways and ramps shall be subject to the same rules and regulations as apply to the general public, except if an emergency situation occurs, and the usual means of access for service operation as herein provided will not permit the immediate action required by the party of the second part in making emergency repairs as required for the safety and welfare of the public, the party of the second part shall have a temporary right of access to and from the through -traffic roadways and ramps as necessary to accomplish the required emergency repairs, provided that the party of the second part complies with the regulations established by the party of the first part for policing and control to protect the highway users. 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 FORM R/W 16.2 Rev. July 1, 1977 Page 1 of 3 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 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 Page 2 of 3 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. 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 (162) : Party of the Second Part certifies that this agreement is true and accurate copy of the form R/W (162) 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. DocuSigned by: DEPARTMENT OF TRANSPORTATION State Encroachments Engineer C1AAA5BAED54467... SfMA.VCTCUACl )MiUGN5r)ffxV „)(Xx TEST OR WITNESS: ��.�L� Ary—Area Page 3 of 3 2�ZL William L. Pinnix, P.E., Director of Eng., Brunswick County P.O. Box 249 Bolivia, NC 28422 Second Party �f I William L. Pinnix Brunswick County NT# 18127 National Pollutant Elimination System (NPDES) Stormwater Permit Compliance Certification a duly authorized representative of an industrial/commercial/residential facility requesting attachment to a North Carolina Department of Transportation highway drainage system at 74-76 E Brunswick County Eff County, do hereby certify the following: Check appropriate box and circle type of facility W1 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 (BUT) are designed and installed as required by the Department of Environment and Natural Resources (DENR) and/or the local governing agency. All structural stormwater B1VIP's are located outside of NCDOT right —of--way. I understand if the Department of Transportation determines the facility is not in compliance with NPDES stormwater requirements, the Department will report the noncompliance to the DENR Division of Water Quality. 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: OF Date: 7 / - --2 Note: If the applicant has a question as to whether an NPDES stormwater permit is required, he or she may contact the N.C. Division of Water Quality in Raleigh at (919) 733-5083 (ask for Stormwater and General Permits Unit). Form NPDES-I May 22, 2006 a r s PRQEcr AREA 0 0 A y� A � m p0 • TQ % .aa a i I / I b i i M-bb R 6 i �a a i • • r �a n D p r 10 B o w O meat wh oCID Iecw n �o •�°' f i i" F NORRIS & TUNSTALL OWML RM" nLAN " 0 m CONSULTING ENGINEERS P.C. - HY 79M WATER YAN �♦ 6 8 � `� , r.o. eoxa�s eama Nc M M DRIVE TO OLD MACO ROAD eun.00°wwrm n, mn°uime.rvam�,. BRUNSWICKCOUNTY, NORTH CAROLNA o x W 12" 1,," 71-4" 1 . 1,-7. 7•-7. 18" 11•10" 7'-10" 24" 2'-6" 9'-6" 30" 81•1" fit' 1" W. 31-e1, g,-g. 42" 4'-5" 10-5" 48" V-0" 11'-0" SC® rh backlill material shall meet the Statewide Bomm Criteria. The trench shall be backfilled, in accordance with Section 54M of the latest NCDOT Standard Specifications for Roads and Structures, which requires the backfil material to be placed in thicknesses between 4' and.1r. _ loose and compacted to at least 97% of the rhoxinum density obtained by compacting a sample it accordance with AASHTO T 180, as modified by the Departnent SC 34: Any open cutting of pavement shall be repaired using the fdbw" method: • Pavements shall be cut full depth and removed. " After trench work is complete, the edges of the emsfing pavement along the trench shall be recut a minimum of 1' wider on each side of the trench. tf the pavement is undermined, the edges of the existing pavement along tfhe french shalt be recut to 1' beyond the undermined portion and the pavement removed. The design section stated below is to be placed in those areas ' The pavement repair shall be performed using the following method and pavement design section: — 11.0' B25.00 or 825.OB Asphalt Concrete Base Course (accomplished in 2 rft minimum) according to NCDOT Standard 654.D7_ — Mill the entire area a depth of 2.0, starting from 15' in front of the edge of the final pavement cut- - Overlay er&e area (a minimum 5(l' length mechanical overlay) with 2.0' S9.5C or S9SB Asphalt Concrete Surface Course dux a total aaphatt depth of 13'- Butt joints are required with no feathering of joints. All open cuts shall be backfiled, paved and traversable prior to removing lane closure. co qa no co ac 11" B25.06 OR B25.00 PAVEMENT REPAIRS ON ROADS TO BE RESURFACED (PIPE IS PLACED UNDER EXISTING PAVEMENT) 2" S9.5B OR S9.5C PAVEMENT REPAIRS ON ROADS NOT TO BE RESURFACED (PIPE IS TO BE PLACED UNDER EXISTING PAVEMENT) z O O } Qa LL —j z 00�= W Q Q W 2 QC)Cr W 1-- o W O O cf) Z >' � rr CL W O W Q O W U) o u) LLJ Z�r 3 ~ ~ cc a H O W O W Cr � > Z Z aLU cc E a W a. > cn o a o LL O Cr 654.01 I 0 as 01 z D11 U9 74-76 �s J t� F M� I �F II I s•`NpF`O L _ _ _ _ D w w 2 w LEGEND I w � RaP a R.r PLAN SCALE: 1•. W x .o.oa omw .or D!-1q• DOtIK .000�1[ I PROFILE f No —&n e_u. y '' rS0' HCR. �• . S' %ER. - - 1: = �.'e+l .. NrtL���f •"" ENOMEERINO HWYMNR DRIVE T�^�O MDYAW IIO�D PIAR\PROFILE BRLRgM1C1(, KC SHEET NO: ql�-7 P-1 d,-.-...,w.. U5 74-76 Ip dR.4. �. Wiw — — — MR-1rr.ne� F � W I lu W III_ _ tr w? v'-- s I r f PLAN — — LEGEND Jp� \ caue: r.Bn I — PRwan. IPB -----'— Roos-r x v v rRvam 1r �uwlr .B x +o.w oanlo BVf oelwnoR K Owiw �omRiB 44 a _ � w a" K x n n B" n n 1 16 14 1P MOP" PROFILE SCALES ES 50' HOR. 5' VER. NO��B 1�Tm,N L` °"+o _ _ — SHEET N0: ,. BnuRBwm* mo 1" _ P-2 si66 BgBQNInI IIw77Yn TRAM M0 Mw1TM"— ''�1u xry tMR DMVE To OLD WCO nDAD R M B PROFMI BRVNBWICK, INC. 15127 a tTi N U5 74-76 2 a cn m.s w r -...• w W U) ui \\`,.1.::.1....--------- — — — LEGEND U[ I PLAN I — .••.�Ir-,ww SCALE: 1' . SO x +o.w anw sa an•c• oslw .mac w 0 M •t •0 M N n u F 1. It 10 .M- fIM �w Mw i- NN a� iM.. MM iN iMw PROFILE HOR. 1' - S' VER. • n� e•\\•sawa NO�S��YIA17. SHEET NO: Nwr>•rr•mAurrrow co a 7 Cl- a U5 74-76 ~ ui w w � w m.. N..,■ w '• s C a w 1r �In w ws � w' �y•'.'•. ',p.a o LU Np.N, �.,�.• a. R, � J LEGEND N N 42 a x x N x x LN x - N R 1� I2 nt 10 B AI NY NI >M� AM• >M� M� �N HEN MN YN1 Y,N NMI M� PROFILE ?F6-1% OR. r- - V VER. NOSnh TUS'I'ALL SHEET N0: RUNBN'ICK ���� '• '� COUNTY �.... !! ENGINEERING I DRIVETA pOIp YACOROADAM N��PII �-� '�wii.Im`^F RLAN 0 R LE SRUNSW K•N.C. i ao� s rarer U5 74-76 _.._ _ Mo- op mr Lo 61. w w w w w U) PLAN- eaue: r.an � oa LEGEND ------- rawaar v v rav® ,Y .aor x .wa nmr nor anal pallMp .00aa1K +o NOR�1$ tgU�STALL SHEET N0: Sir' ' aim I ol;°°'"" P-5 W" 7UM TRAJ IMMOM WAYM YM, "MaLw wm= aTo=ONOf"D p PLAN a PROM ,e, x� aMa.w¢KmA �••••—•^—,• U9 74-76 N IL � M� :�ivsr r r No W •r9 -- • !�- r .+' rf` ®ranee boll W ,,� w co ii w 2 PLAN SCALE: 1'. as ra -i- 1 I PROFILE 50 50' NOR. 1' 5' VER. l� x .oa: wnw aoraaYos osiw �mo�r Ir STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER GOVERNOR November 14, 2019 Mr. William L. Pinnix, P.E. Director of Engineering Brunswick County P.O. Box 249 Bolivia, NC 28422 RECEIVED NOV 19 2019 DCM WILMINGTON, NC JAWS H. TROGDON, III SECRETARY SUBJECT: Encroachment Agreement (E033-010-19-00321) along SR 1418 (Old Maco Rd NE) in Brunswick County (Hwy 74/76 Transmission Water Main) Dear Sir, Attached for your files is a copy of Right of Way Encroachment agreement properly executed. This agreement covers the following: Install approximately 500 Linear feet of 12-inch C-900 PVC water line installed by open cut and open trenching. The concrete road that is open cut will be repaired with like type material and depth. The patch shall be square. • Time Restriction — Peak Hours Restricted: No lane closures shall be allowed from 6:00am to 9:00am and from 4:00pm to 7:00pm and NO weekend lane closures. (HOURS SUBJECT TO CHANGE DUE TO TRAFFIC CONDITIONS —NIGHTTIME OPERATIONS WILL BE REQUIRED WHEN WARRANTED) • Brunswick County has provided a letter stating that they will not release their contractor's bond until the NCDOT agrees that the work performed under this permit meets or exceeds NCDOT standards. The Encroaching Party shall notify NCDOT at 910-398-9100 upon completion of the work for a final inspection. • A Pre -Construction meeting is required prior to beginning work. Contact the District office to schedule. As per this approval it is subject to this work being done in accordance with the attached plan sheets and special provisions. Sincerely, �000usiflneaDby: J ri�creon. ; . J .B.00, Aaron R. LeBeau, Assistant District Engineer for Chad Kimes, PE, Division Engineer DCK/arl/jpw ec: Iris McCombs, NCDOT Brunswick County Maintenance Engineer State of North Carolina I Department of Transportation I Division 3, District 3 300 Division Drive, Wilmington, NC 28401 Customer Service: (977) 368-4968 (910) 398-9100 www.nodot.gov E033-010-19-00321 ROUTE SR 1418 PROJECT Hwy 74-76 Transmission DEPARTMENT OF TRANSPORTATION -AND- Brunswick County STATE OF NORTH CAROLINA COUNTY OF Brunswick RIGHT OF WAY ENCROACHMENT AGREEMENT PRIMARY AND SECONDARY HIGHWAYS NT# 18127 THIS AGREEMENT, made and entered into this the 140 day of November 20 19 by and between the Department of Transportation, party of the first part; and Brunswick County 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 1418 (Old Maco Rd NE) located Approximately 1,000 ft SE of the intersection of 74-76 E & NC-87 (Maco Rd) with the construction and/or erection of: 500 LF of 12" DR18 C-900 PVC watermain Method of installation: open cut & trench 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 FORM RMI 16.1 (Rev. July 1, 1977) 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 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 "I" 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 (151) : Party of the Second Part certifies that this agreement is true and accurate copy of the form R1W (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. DEPARTMENT OF TRANSPORTATION A� ±s�a 00'YTe�e Docu Signed by: �eJ ti y'f/4 BY: Qom,, B10.06 ml Aaron R. LeBeau, Assistant District Engineer TTEST OR WITNESS: ��Jr for Chad Kimes, PE, Division Engineer % -\�4 1d t'r'C1 hLi hi i�l �p�ltSt't RO�= William L Pinnix, P.E., Director of Eng., Brunswick County 4c- .fir , ��c- —P.O. Box 249 Bolivia, NC 28422 Second Party INSTRUCTIONS Encroachment Agreement Standard Conditions District Office Contact Information: 300 Division Drive Wilmington, NC 28401 (910) 398-9100 The Standard Conditions in this document apply to this and all encroachment agreements issued by District 3. SCl A Pre -Construction Meeting is required prior to beginning work. Contact the District Office to schedule. SC2 If the approved permit encroaches within the limits of an active construction project the encroaching party will be required to coordinate with the NCDOT contractor as well as secure a hold harmless agreement prior to commencing work. If the approved permit encroaches within the limits of project in preconstruction, the encroaching party will be required to coordinate with the Department's Project Development Unit to ensure no conflicts are created with the installation. SC3 An Initial Construction Inspection is required after the completion of the work. An Initial Inspection Report will be issued upon satisfactory completion of the work and begins the one year warranty period. Contact the District Office to schedule. SC4 A Final Inspection is required for release of the bond after the one year warranty period. Contact the District Office to schedule this final inspection. Once the final inspection has been deemed satisfactory by NCDOT, the bond will be released. SC5 All bonds will be held for a minimum of one year from the time of the Initial Construction Inspection Acceptance. SC6 All traffic control, asphalt mixes, structures, construction, workmanship and construction methods, and materials shall be in compliance with the most -recent versions of the following resources: Manual on Uniform Traffic Control Devices, Policies and Procedures for Accommodating Utilities on Highway Rights of Way, NCDOT Standard Specifications for Roads and Structures, NCDOT Roadway Standard Drawings, NCDOT Asphalt Quality Management System manual, and the approved plans. SC7 Prior to beginning work, it is the requirement of the Encroaching Party to contact the appropriate Utility Companies involved and make arrangements to adjust or relocate any utilities that conflict with the proposed work. SC8 If the work is located within 1/2 mile of a signalized intersection, the Encroaching Party shall contact NCDOT Traffic Services at (910) 341-2200 no less than one week prior to beginning work, for the location of all traffic signal and detection cables. Location is required prior to excavation. Cost to replace or repair NCDOT signs, signals or associated equipment shall be the responsibility of the Encroaching Party. SC9 Prior to beginning work, if the area of work is within a municipality limit, it is the responsibility of the Encroaching Party to notify the municipal authorities. SC10 The approval of this agreement does not preclude the Encroaching Party from complying with any and all statutes, rules, regulations, and ordinances that may be imposed by other governmental agencies (local, state, and federal) which have jurisdiction, including but not limited to, those related to sediment control, stormwater, wetlands, streams, endangered species, and historical sites. SC11 All wiring and related work shall conform to the latest edition of the National Electrical Safety Code. SC12 No alteration of the approved plan will be allowed without written approval by NCDOT. SC13 The Encroaching Party shall follow any and all revisions shown in RED on attached plan(s). SC14 A readable, executed copy of this Encroachment Agreement shall be present at the work site at all times while performing work. NCDOT reserves the right to stop all work unless evidence of approval can be shown. Additionally, NCDOT reserves the right to further limit, restrict, or suspend operations within the right-of-way. SC15 All flagging operations within NCDOT right-of-way require qualified and trained Work Zone Flaggers. 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. For more information, visit https://connect.ncdot.gov/projects/WZTC/Poges/Training.aspx or contact Steve Kite, PE with the NCDOT Work Zone Traffic Control Unit at (919) 814-4937, or skite@ncdot.gov. SC16 No lane closures shall be allowed on State Holidays (day of, day before, and day after) or during Local events. Division 3, District 3 Updated 05/21/2018 SC17 , No lane closures or impediment to traffic shall be allowed on weekends without prior written approval from the District Engineer. SC18 One lane must be open to traffic; - only one lane closure in each direction. Ingress and egress shall be maintained to all businesses and dwellings affected by the project. Special attention shall be paid to Police and Fire Stations, fire hydrants and Hospitals. SC19 All roadway signs removed during project work shall be reinstalled immediately after completion of work. All equipment and materials shall be removed from the NCDOT right-of-way when not in use. SC20 Any work requiring personnel or equipment within 5' of the travel lane on an undivided roadway, or 10' of the travel lane, on a divided roadway shall require a lane closure per the latest edition of the MUTCD and the NCDOT Standard Specifications. The more stringent standards shall apply. SC21 Material shall NOT be unloaded or stockpiled on the roadway at any time without proper lane closure during the project. Work is not permitted when the shoulder material is wet or during adverse weather conditions. SC22 All erosion control devices shall be placed as needed prior to disturbance and maintained throughout the project. All areas disturbed (shoulders, ditches, removed accesses, etc.) shall be graded and seeded within 15 calendar days with an approved NCDOT seed mixture (all lawn type areas shall be maintained and reseeded as such). SC23 The placement of curb and gutter is not allowed within shoulder sections of roadway. SC24 It shall be unlawful to place any highway obstruction, including a driveway headwall, fence, rural mailbox, newspaper delivery box, or other roadside obstruction, so as to interfere with the traffic or maintenance of the roads and highways of the state highway system. See North Carolina Administrative Code 19A NCAC 2E.0404. SC25 Fire Hydrant(s) shall be placed a maximum of 1 foot from the right-of-way line. (STD. 1515.02 in the NCDOT Roadway Standard Drawings). SC26 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 be used for the installation of utility pipelines. • Directional boring is not allowed in embankment material. Directional boring is allowed beneath embankment material in naturally occurring soil. • Any changes shall be submitted to the District Engineer for approval prior to construction. • Directional bores are not allowed beneath bridge footings, culvert wingwall footings or retaining walls. • 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. • Directional boring using jetting with a Bentonite (or equivalent material) slurry is approved with the following conditions: o Minimum depth of ten (10') feet below the pavement surface of roads with no control of access or fifteen (15') feet below the surface of roads with partial or full control of access. o Minimum depth of five (5') feet below any ditch line and/or creek bed. o Minimum depth of (4') for parallel installations. Must be outside the theoretical 1:1 slope from the existing edge of pavement except where the parallel installation crosses a paved roadway. o Minimum horizontal distance of ten (10') feet from the nearest part of any structure, including but not limited to bridges, footings, pipe culverts, and box culverts. o Minimum vertical distance of ten (10') feet from the nearest part of pipe culverts or box culverts. o Tip of the drill string shall have a cutter head and detection wire installed with non-ferrous material. o All directional drilled piping for sewer force mains and waterlines shall be a minimum of SDR-9. o Minimum horizontal separation of five (5') feet between each conduit which is part of a multiple conduit installation (including perpendicular and parallel installations). Alternatively, install multiple conduits within a single duct. o Overbores shall not be more than two (2") inches greater than the diameter of the pipe or encasement. o 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 North Carolina Registered Professional Engineer indicating that an overbore in excess of two (2") inches of the diameter of the pipe or encasement will arch and no damage will be done to the pavement or sub -grade. Division 3, District 3 Updated 05/21/2018 SC27 • All excavations inside the theoretical 1:1 slope from the existing edge of pavement to the bottom of the nearest trench wall shall be done in accordance with the following conditions: • Any excavation encroaching upon the theoretical 1:1 slope from the edge of pavement of any NCDOT maintained road shall require temporary active shoring that must be reviewed and approved by NCDOT prior to work. • All trench excavation inside the limits of the theoretical 1:1 slope, as defined by the policy, shall be completely backfilled and compacted at the end of each construction day. No portion of the trench shall be left open overnight. • The length of parallel excavation shall be limited to the length necessary to install and backfill one (1) joint of pipe at a time. • Traffic shall be moved to a travel lane outside the limits of a theoretical 1:1 slope from the bottom of the nearest trench wall to the pavement surface. • Installation of trench shoring shall be accomplished with minimal over -excavation. Trench boxes shall not be used as shoring. • An NCDOT Inspector, the cost of which is to be borne by the Encroaching Party, shall be assigned to this project if deemed necessary by the Division Engineer. • The trench backfill material shall meet the Statewide Borrow Criteria. The trench shall be backfilled, in accordance with Section 540-6 of the latest NCDOT Standard Specifications for Roads and Structures, which requires the backfill material to be placed in thicknesses between 4" and 8" loose and compacted to at least 97% of the maximum density obtained by compacting a sample in accordance with AASHTO T 180, as modified by the Department. • At the first sign of trench failure, a trench shall be immediately backfilled with materials consisting of A-1, A- 3, A-2-4 soils or A-4 soils having a maximum of 45% passing a No. 200 sieve and a maximum P.I. of 6. All work shall cease, and the Division Engineer shall be contacted. The Encroaching Party shall be required to repair any damage to the pavement caused by the excavation. • No part of any pit shall be within three (3) feet of edge of pavement or back of curb. • Detection tape shall be buried in the trench approximately one foot above the utility or fiber optic cable, whenever conduit is installed in right-of-way and is not of ferrous material. SC28 The Encroaching Party shall comply with all OSHA requirements and provide a competent person on site to supervise excavation at all times. SC29 Approval is only for work within NCDOT right-of-way, and excludes area(s) within Railroad right-of-way. Approval is with the understanding that NCDOT does not guarantee the right-of-way on any road. SC30 The proposed manholes, handholes, valves or other appurtenances shall not be located in the existing ditch line, front slope of a ditch, or in a manner that would restrict the maintenance or flow of the existing ditch line. SC31 The Encroaching Party is responsible for any and all damages caused from project work within the right-of-way, including damage to drainage structures, pavement, vegetation, etc. SC32 Any plant or vegetation in the NCDOT planted sites that is destroyed or damaged as a result of this encroachment shall be replaced with plants of like kind or similar shape. Contact the Division Roadside Environmental Engineer at 910-259-4919. SC33 Any pavement damaged because of settlement of the pavement or damaged by equipment used to perform encroachment work, shall be re -surfaced to the satisfaction of the District Engineer. This may include the removal of pavement and a 50' mechanical overlay. All temporary and final pavement markings are the responsibility of the Encroaching Party. SC34 Any open cutting of pavement shall be repaired using the following method: • Pavements shall be cut full depth and removed. • After trench work is complete, the edges of the existing pavement along the trench shall be recut a minimum of 1' wider on each side of the trench. If the pavement is undermined, the edges of the existing pavement along the trench shall be recut to 1' beyond the undermined portion and the pavement removed. The design section stated below is to be placed in those areas. • The pavement repair shall be performed using the following method and pavement design section: Division 3, District 3 Updated 05/21/2018 o 11.0" B25.00 or B25.OB Asphalt Concrete Base Course (accomplished in 2 lifts minimum) according to NCDOT Standard 654.01. o Mill the entire area a depth of 2.0", starting from 15' in front of the edge of the final pavement cut. o Overlay entire area (a minimum 50' length mechanical overlay) with 2.0" S9.5C or S9.5B Asphalt Concrete Surface Course for a total asphalt depth of 13". Butt joints are required with no feathering of joints. All open cuts shall be backfilled, paved and traversable prior to removing lane closure. Division 3, District 3 Updated 05/21/2018 Data Rece/ved Data C/wU Flpn Name o/ Pwm/f llold9r YM� CMck Numbar p -k r�wunt Permit Numbar/C--ft Rciptor RWuiuLRealklcatad Columnt Cdumn2 Coh"" CdumM C k-7 C.N." Cdumn9 _. 12R0/XI19 12l'OI2019 _ _ 12rz 19 Dwey Raaaurw GroW ft. S— d NoM Carobu WRC c.raus ewWrtg Co _ Nar t:-d imesl«n &.-M k Carly / W &- Pm lk#.d Bank 1715 s 400.0O GP 674705D _ _ GP 974835D GP 474MM _ _ _ TM. rc 9514 Ebobelio 595DO037240 S 200.00 BB l 9100 D" ce." FM 5r* 1410 S 700.00 TM. M. 9512