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HomeMy WebLinkAboutNCDOT 78305C STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J.ERIC BOYETTE GOVERNOR SECRETARY August 15, 2022 Mr. Stephen Lane Coastal Management Representative, Transportation Projects Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 Subject: CAMA General Permit 07H.2300 Application for Belgrade Swansboro Road (SR 1434) Emergency Pipe Replacement in Onslow County NC. WBS number: 3B.206711 Dear Mr. Lane: The North Carolina Department of Transportation (NCDOT) is proposing to replace the existing crossline structure of (3) 84” corrugated metal pipes with sandbag cement headwalls on Belgrade Swansboro Rd. (SR 1434) over Webb Creek in Stella, NC 28582. The proposed replacement structure is a 20’-10” x 8’-1” x 40’-6” aluminum box culvert with headwalls and Class I riprap bank stabilization on the inlet and outlet. The proposed work will have 114.17 sq. ft. of permanent open water impacts due to the lengthening of the pipe to achieve shoulder widths according to NCDOT specifications, 15 LF of permanent open water impacts for bank stabilization, and 922.15 sq. ft. of temporary open water impacts due to dewatering. Please find enclosed: 1. MP-1, MP-2, and MP-5 CAMA permit Application Forms 2. Copies of the letters sent to the adjacent riparian property owners and email correspondence 3.Vicinity map and permit drawings. The department anticipates that a permit fee of $400.00 will be charged to the subject WBS element number. Please let me know if I can provide any further information. Sincerely, Sean Farrell NCDOT Division 3 Division Environmental Officer ec: Brad Shaver (USACE) Hannah Sprinkle (NCDWR) Enclosures 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Ncdot Division 3 Project Name (if applicable) Belgrade Swansboro Road (SR 1434) Emergency Pipe Replacement Applicant 1: First Name Sean MI Last Name Farrell Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 5501 Barbados Blvd. PO Box City Castle Hayne State NC ZIP 28429 Country USA Phone No. 910 - 341 - 2033 ext. FAX No. 910 - 675 - 0143 Street Address (if different from above) City State ZIP - Email scfarrell@ncdot.gov 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP - Email <Form continues on back> Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net 3. Project Location County (can be multiple) Onslow Street Address Belgrade Swansboro Road (SR 1434) approximately 0.4 mi S of SR 1442 State Rd. # 1434 Subdivision Name N/A City Stella State NC Zip 28582 - Phone No. N/A - - ext. Lot No.(s) (if many, attach additional page with list) N/A, , , , a. In which NC river basin is the project located? White Oak b. Name of body of water nearest to proposed project Webb Creek c. Is the water body identified in (b) above, natural or manmade? Natural Manmade Unknown d. Name the closest major water body to the proposed project site. White Oak River e. Is proposed work within city limits or planning jurisdiction? Yes No f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. Onslow County 4. Site Description a. Total length of shoreline on the tract (ft.) 100' b. Size of entire tract (sq.ft.) N/A Area of Work is within the NCDOT R/W c. Size of individual lot(s) N/A, , , (If many lot sizes, please attach additional page with a list) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) 8' NHW or NWL e. Vegetation on tract Variety of harwood species typical of a bottomland hardwood forest including tupelos, gums, hickories, and maples. The existing R/W is maintained grass. f. Man-made features and uses now on tract Existing two lane road which passes over the existing crossline structure which consists of three (3) 84" in diameter by 35' in length corrugated metal pipes with sandbag cement headwalls. g. Identify and describe the existing land uses adjacent to the proposed project site. Adjacent land use in the area is either undeveloped, residential, or agricultural. h. How does local government zone the tract? RA i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Yes No NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Yes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. If yes, by whom? Yes No NA l. Is the proposed project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes No NA <Form continues on next page> Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net m. (i) Are there wetlands on the site? (ii)Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) Yes No Yes No Yes No n.Describe existing wastewater treatment facilities. N/A o.Describe existing drinking water supply source. ONWASA p.Describe existing storm water management or treatment systems. Sheet flow 5.Activities and Impacts a.Will the project be for commercial, public, or private use?Commercial Public/Government Private/Community b.Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to replace the crossline pipes with headwalls with an aluminum box culvert with headwalls to maintain the traditional navigable opening and repair the roadway which was damamged due to critical pipe failure. The goal is to restore safe travel on SR 1434 as well as to meet current hyrdaulic standards for the proper conveyance of the water of Webb Creek below the roadway. 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. Dewatering of the construction site will be accomplished by installing temporary sheet piles approximately 34' upstream and 9' downstream of the existing inlet and outlet. The reason for going so far upstream with the inlet dewatering temporary sheetpile is to avoid the overhead power lines within the R/W and utilize the natural constriction point in the stream. A bypass pump will be used to dewater the site and any effluent from the construction area will be directed to a silt bag for treatment prior to discharge back into the stream. The proect will require the use of excavators, dump trucks, graders, and rollers. d.List all development activities you propose. Replacement of the three (3) 84" x 35' corrugated metal pipes and headwalls with one 20'-10" x 8'-1" x 40'-6" aluminum box culvert w/ headwalls and 6 LF of Class I riprap bank stabilization on inlet and 9 LF on outlet. New asphalt will be laid after the culvert and headwalls are installed. Shoulders will be graded and vegetated. e. Are the proposed activities maintenance of an existing project, new work, or both?Emergency maintenance. f.What is the approximate total disturbed land area resulting from the proposed project?2560 Sq.Ft or Acres g.Will the proposed project encroach on any public easement, public accessway or other area that the public has established use of? Yes No NA h.Describe location and type of existing and proposed discharges to waters of the state. Sheet flow from existing roadway. Aquatic passage and conveyance of Webb Creek beneath Belgrade Swansboro Road will be restored. i.Will wastewater or stormwater be discharged into a wetland? If yes, will this discharged water be of the same salinity as the receiving water? Yes No NA Yes No NA j.Is there any mitigation proposed? If yes, attach a mitigation proposal. Yes No NA <Form continues on back> Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net 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 James Milton Gillette Phone No. N/A Address 969 Belgrade Swansboro Road, Stella, NC 28582 Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 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 __________8/15/22_______________ Print Name ______Sean Farrell_____________________ 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 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Channel (NLW or NWL) Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater Other (excluding shoreline stabilization) Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. b. Type of material to be excavated. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. CW SAV SB WL None (ii) Describe the purpose of the excavation in these areas: d. High-ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? Yes No NA (ii) If no, attach a letter granting permission from the owner. d. (i) Will a disposal area be available for future maintenance? Yes No NA (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. CW SAV SB WL None (ii) Describe the purpose of disposal in these areas: f. (i) Does the disposal include any area in the water? Yes No NA (ii) If yes, how much water area is affected? Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 3. SHORELINE STABILIZATION This section not applicable (If development is a wood groin, use MP-4 – Structures) a. Type of shoreline stabilization: Bulkhead Riprap Breakwater/Sill Other: b. Length: 6 LF inlet, 9 LF outlet Width: 7' c. Average distance waterward of NHW or NWL: 1' d. Maximum distance waterward of NHW or NWL: 1' e. Type of stabilization material: Class I Riprap f. (i) Has there been shoreline erosion during preceding 12 months? Yes No NA (ii) If yes, state amount of erosion and source of erosion amount information. Various storm events and existing pipes being perched have contributed to scour. g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap 30 sq. ft. Breakwater/Sill Other h. Type of fill material. Class I riprap i. Source of fill material. NCDOT approved quarry. 4. OTHER FILL ACTIVITIES This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? Yes No NA If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill b. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. CW SAV SB WL None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? NCDOT BMPs will be implemented. b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Excavator, backhoe, dump truck c. (i) Will navigational aids be required as a result of the project? Yes No NA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? Yes No NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 8/15/22 Date Belgrade Swansboro Road (SR 1434) Emergency Pipe Replacement Project Name Sean Farrell Applicant Name Applicant Signature Form DCM MP-2 (Excavation and Fill, Page 3 of 3) 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 10/26/06 Form DCM MP-5 BRIDGES and CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. BRIDGES This section not applicable a. Is the proposed bridge: Commercial Public/Government Private/Community b. Water body to be crossed by bridge: c. Type of bridge (construction material): d. Water depth at the proposed crossing at NLW or NWL: e. (i) Will proposed bridge replace an existing bridge? Yes No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) f. (i) Will proposed bridge replace an existing culvert? Yes No If yes, (ii) Length of existing culvert: (iii) Width of existing culvert: (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) g. Length of proposed bridge: h. Width of proposed bridge: i. Will the proposed bridge affect existing water flow? Yes No If yes, explain: j. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? Yes No If yes, explain: k. Navigation clearance underneath proposed bridge: l. Have you contacted the U.S. Coast Guard concerning their approval? Yes No If yes, explain: m. Will the proposed bridge cross wetlands containing no navigable waters? Yes No If yes, explain: n. Height of proposed bridge above wetlands: 2. CULVERTS This section not applicable a. Number of culverts proposed: 1 b. Water body in which the culvert is to be placed: Webb Creek < Form continues on back> Form DCM MP-5 (Bridges and Culverts, Page 2 of 4) 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 10/26/06 c. Type of culvert (construction material): 20'-10" x 8'-1" x 40'-6" aluminum box culvert d. (i) Will proposed culvert replace an existing bridge? Yes No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) e. (i) Will proposed culvert replace an existing culvert? Yes No If yes, (ii) Length of existing culvert(s): 35' (iii) Width of existing culvert(s): (3) 84" (iv) Height of the top of the existing culvert above the NHW or NWL: 5' (v) Will all, or a part of, the existing culvert be removed? (Explain) All f. Length of proposed culvert: 40'-6" g. Width of proposed culvert: 20'-10" h. Height of the top of the proposed culvert above the NHW or NWL. 5' i. Depth of culvert to be buried below existing bottom contour. 1' j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? Yes No If yes, explain: The new culvert will maintain the traditional navigable height and increase the navigable width by going to a one barrel structure. k. Will the proposed culvert affect existing water flow? Yes No If yes, explain: The new culvert will meet the current hydraulic design criteria and will improve the capacity to convery the waters of Webb Creek. 3. EXCAVATION and FILL This section not applicable a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? Yes No If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. CW SAV SB WL None (ii) Describe the purpose of the excavation in these areas: c. (i) Will the placement of the proposed bridge or culvert require any high-ground excavation? Yes No If yes, (ii) Avg. length of area to be excavated: 64' (iii) Avg. width of area to be excavated: 35' (iv) Avg. depth of area to be excavated: 11' (v) Amount of material to be excavated in cubic yards: 912.6 Form DCM MP-5 (Bridges and Culverts, Page 3 of 4) 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 10/26/06 d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: NCDOT approved dispoal site if needed (ii) Dimensions of the spoil disposal area: varies (iii) Do you claim title to the disposal area? Yes No (If no, attach a letter granting permission from the owner.) (iv) Will the disposal area be available for future maintenance? Yes No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? CW SAV WL SB None If any boxes are checked, give dimensions if different from (ii) above. (vi) Does the disposal area include any area below the NHW or NWL? ? Yes No If yes, give dimensions if different from (ii) above. e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? Yes No If yes, (ii) Avg. length of area to be filled: 5.5' (iii) Avg. width of area to be filled: 20.75' (iv) Purpose of fill: Necessary lengthening of pipe to achieve shoulder widths according to NCDOT specifications. f. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. CW SAV SB WL None (ii) Describe the purpose of the excavation in these areas: g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high-ground? Yes No If yes, (ii) Avg. length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: 4. GENERAL a. Will the proposed project require the relocation of any existing utility lines? Yes No If yes, explain: If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. b. Will the proposed project require the construction of any temporary detour structures? Yes No If yes, explain: < Form continues on back> Form DCM MP-5 (Bridges and Culverts, Page 4 of 4) 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 10/26/06 c. Will the proposed project require any work channels? Yes No If yes, complete Form DCM-MP-2. d. How will excavated or fill material be kept on site and erosion controlled? If material is kept onsite it will be stored entirely on highground and will have all necessary erosion control measures installed in accordance with NCDOT BMPs. e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe, excavator, dump trucks, and rollers f. Will wetlands be crossed in transporting equipment to project site? Yes No If yes, explain steps that will be taken to avoid or minimize environmental impacts. g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? Yes No If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. 8/15/22 Date Belgrade Swansboro Road (SR 1434) Emergency Pipe Replacement Project Name Sean Farrell Applicant Name Applicant Signature STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 5501 BARBADOS BOULEVARD CASTLE HAYNE, NC 28429-5647 Telephone: (910 341-2000 Fax: (910) 675-0143 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 5501 BARBADOS BOULEVARD CASTLE HAYNE, NC 28429-5647 August 15, 2022 Mr. James Milton Gillette 969 Belgrade Swansboro Rd. Stella, NC 28582 Dear Adjacent Property Owner: As required by the NC Division of Coastal Management Regulations, you are being notified as an adjacent riparian property owner to the crossline structure over Webb Creek on Belgrade Swansboro Rd (SR 1434). The North Carolina Department of Transportation is applying for a CAMA permit to replace the existing triple barrel structure and headwalls with a single barrel structure and headwalls. The attached plan sheet and application depict the scope of work. Please indicate your position or viewpoint on the proposed project and return the completed form and any comments to: Mr. Stephen Lane, Division of Coastal Management, 400 Commerce Ave., Morehead City, NC 28557 or call (252) 808-2808. Should you have objections to the project, your comments must be received within 10 days of receipt of this notice. No response within 10 days will be considered the same as no objection if you have been notified by certified mail. Sincerely, Sean Farrell Environmental Specialist, NCDOT – Division 3 ____________ I have no objection to the proposed project as described in this correspondence. ____________ I have an objection to the project as presently proposed and have enclosed comments. ________________________________________________ _______________________ Signature Date ________________________________________________ Print Name ____________________________ Phone Number with Area Code 40'-6" 20° 90° PLAN VIEW END VIEW- INLET & OUTLET HEADWALL ALUMINUM STIFFENING RIB BOLTED TO SOIL SIDE OF WALL FULLY WELDED ALUMINUM STRUCTURAL PLATE HEADWALL 11'-9" 6'-9"36' 3' 2'-6" 2'-6" 2'-6" 1'-3" ALUMINUM STIFFENING RIB BOLTED TO FRONT SIDE OF WALL .175" #52 ALUMINUM BOX CULVERT WITH FULL INVERT (20'-10" SPAN X 8'-1" RISE) 1'-3" 6" DESCRIPTION DATE:SHEET NOT TO SCALE POMONA PIPE PRODUCTS 4611 DUNDAS DR. GREENSBORO, NC 27407 336-292-8060 AUG 9, 2022 NC D O T O N S L O W C O SE 1 4 3 4 B E L G R A D E - S W A N S B O R O R D POMONAPIPEPRODUCTS.COM 76 SECTION .2300 - GENERAL PERMIT FOR REPLACEMENT OF EXISTING BRIDGES AND CULVERTS IN ESTUARINE WATERS, ESTUARINE AND PUBLIC TRUST SHORELINES, PUBLIC TRUST AREAS, AND COASTAL WETLANDS 15A NCAC 07H .2301 PURPOSE A general permit for replacement of existing bridges and culverts in estuarine waters, estuarine and public trust shorelines, public trust areas, and coastal wetlands shall be obtained pursuant to the rules in 15A NCAC 7J .1100 and this Section to replace existing bridges and culverts in estuarine water, estuarine and public trust shorelines, public trust areas and coastal wetland AECs. History Note: Authority G.S. 113A-107; 113A-118.1; 113A-124; Eff. June 1, 1996; Amended Eff. August 1, 2000. 15A NCAC 07H .2302 APPROVAL PROCEDURES (a) The applicant shall contact the Division of Coastal Management (Division) and provide: (1) information on site location, project description, and his or her name, address and telephone number; (2) a dated plat(s) showing existing and proposed development; and (3) confirmation that: (A) a written statement has been obtained and signed by the adjacent riparian property owners indicating that they have no objections to the proposed work; or (B) the adjacent riparian property owners have been notified by certified mail of the proposed work. Such notice shall instruct adjacent property owners to provide any comments on the proposed development in writing for consideration by permitting officials to the Division of Coastal Management within 10 days of receipt of the notice and indicate that no response shall be interpreted as no objection. Division staff shall review all comments. If the Division determines that: (i) the comments are relevant to the potential impacts of the proposed project; and (ii) the permitting issues raised by the comments require a more detailed review, then the Division shall notify the applicant that he or she shall be required to submit an application for a major development permit. (b) Approval of individual projects shall be acknowledged in writing by the Division of Coastal Management and the applicant shall be provided a copy of this Section. Construction authorized by this permit shall be completed within two years of permit issuance or the general authorization shall expire and a new permit shall be required to begin or continue construction. For North Carolina Department of Transportation projects identified in the Transportation Improvement Program this permit shall not expire pursuant to G.S. 136-44.7B. (c) No work shall begin until an onsite meeting is held with the applicant and a Division of Coastal Management representative. Written authorization to proceed with the proposed development shall be issued during this visit if the Division representative finds that the application meets all the requirements of this Subchapter. History Note: Authority G.S. 113A-107; 113A-118.1; 113A-124; Eff. June 1, 1996; Amended Eff. May 1, 2010. 15A NCAC 07H .2303 PERMIT FEE The applicant shall pay a permit fee of four hundred dollars ($400.00). This fee shall be paid by inter-departmental fund transfer, check or money order made payable to the Department of Environment and Natural Resources. History Note: Authority G.S. 113A-107; 113A-118.1; 113A-119; 113A-119.1; 113A-124; Eff. June 1, 1996; Amended Eff. May 1, 2010; September 1, 2006; August 1, 2000. 15A NCAC 07H .2304 GENERAL CONDITIONS (a) Projects authorized by this permit shall be demolition, removal, and replacement of existing bridges and culverts along the existing alignment and conforming to the standards in this Rule. This permit shall be applicable only to single bridge and culvert projects and shall not authorize temporary fill causeways or temporary bridges that may be associated with bridge replacement projects. (b) The permittee shall allow authorized representatives of the Department of Environment and Natural Resources (Department) to make periodic inspections at any time deemed necessary in order to ensure that the activity being performed under authority of this general permit is in accordance with the terms and conditions prescribed in this Rule. 77 (c) This general permit shall not be applicable to proposed construction where the Department determines that authorization may be warranted, but that the proposed activity might significantly affect the quality of human environment or unnecessarily endanger adjoining properties. (d) This general permit shall not be applicable to proposed construction where the Department determines that the proposed activity would have significant adverse impacts on water quality or historic, cultural, scenic, fisheries, or recreational resources. (e) This permit shall not eliminate the need to obtain any other required state, local, or federal authorization. (f) Development carried out under this permit shall be consistent with all local requirements, AEC rules, and local land use plans. (g) This permit shall not apply to projects that require work channels. (h) Review of individual project requests shall be coordinated with the Division of Marine Fisheries (DMF) and the Wildlife Resources Commission (WRC). This may result in a construction moratorium during periods of significant biological productivity or critical life stages as determined by the WRC and DMF. (i) Development under this permit shall be carried out within Department of Transportation (DOT) right-of-ways or on lands under the ownership of the applicant in the case of a non-DOT project. (j) Bridge and culvert replacements shall be designed to minimize any adverse impacts to potential navigation or use of the waters by the public. (k) This permit shall apply only to projects involving replacement of bridges and culverts currently serving their intended function. History Note: Authority G.S. 113A-107; 113A-118.1; 113A-124; Eff. June 1, 1996; Amended Eff. May 1, 2010. 15A NCAC 07H .2305 SPECIFIC CONDITIONS (a) This general permit is applicable to bridge replacement projects spanning no more than 400 feet of estuarine water, public trust area, and coastal wetland AECs. (b) Existing roadway deck width shall not be expanded to create additional lanes, with the exception that an existing one lane bridge may be expanded to two lanes where the Department of Environment and Natural Resources determines that authorization is warranted and the proposed project does not significantly affect the quality of the human and natural environment or unnecessarily endangers adjoining properties. (c) Replacement of existing bridges with new bridges shall not reduce vertical or horizontal navigational clearances. (d) All demolition debris shall be disposed of landward of all wetlands and the normal water level (NWL) or normal high water (NHW) level (as defined in 15A NCAC 07H .0106), and shall employ soil stabilization measures to prevent entry of sediments in the adjacent water bodies or wetlands. (e) Bridges and culverts shall be designed to allow passage of anticipated high water flows. (f) Measures sufficient to restrain sedimentation and erosion shall be implemented at each site. (g) Bridge or culvert replacement activities involving excavation or fill in wetlands, public trust areas, and estuarine waters shall meet the following conditions: (1) Replacing bridges with culverts shall not be allowed in primary nursery areas as defined by the Marine Fisheries or Wildlife Resources Commissions. (2) The total area of public trust area, estuarine waters, and wetlands to be excavated or filled shall not exceed 2,500 square feet except that the coastal wetland component shall not exceed 750 square feet. (3) Culverts shall not be used to replace bridges with open water spans greater than 50 feet. (4) There shall be no temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands. (5) No excavated or fill material shall be placed in any wetlands or surrounding waters outside of the alignment of the fill area indicated on the work plat(s). (6) All excavated materials shall be confined above NWL or NHW and landward of any wetlands behind dikes or other retaining structures to prevent spill-over of solids into any wetlands or surrounding waters. (7) No bridges with a clearance of four feet or greater above the NWL or NHW shall be allowed to be replaced with culvert(s) unless the culvert design maintains the existing water depth, vertical clearance and horizontal clearance. (8) If a bridge is being replaced by a culvert(s) then the width of the waterbody shall not be decreased by more than 40 percent. (9) All pipe and culvert inverts placed within the Public Trust or the Estuarine Waters AECs shall be buried at least one foot below normal bed elevation to allow for passage of water and aquatic life. Culverts placed in wetlands are not subject to this requirement. History Note: Authority G.S. 113A-107; 113A-118.1; 113A-124; Eff. June 1, 1996; Amended Eff. May 1, 2010.