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HomeMy WebLinkAboutNCDOT 28-95 Amendment 2 Mitigation SR 1100 Motts Creek Permit Class Permit Number , 2ND AMENDMENT 28-95 ' (for Mitigation) STATE OF NORTH CAROLINA ' Department of Environment,Health&Natural Resources and ' Coastal Resources Commission• ' trititt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 • X Excavation and/or filling pursuant to NCGS 113-229 Issued to NC Dept. Of Transportation,Div. Of Highways, P. a Sox 25201, Raleigh, NC 27611 ' authorizing development in New Hanover County at Motts Creek, at the SR 1 100 crossing ' , as requested in the permittee's application dated J 7/15/94 including attached • workplan drawings, sheets 1-4 of 4 dated 12/94 and letter of 5/8/9_5. , This permit, issued on — ,is subject to compliance with the application(where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Mitigation ' 1) Prior to construction initiation, a Mitigation Plan, or a letter of commitment to prepare such plan, will be submitted to the Division describing mitigation for 1/1 replacement of the approximately s' 3143 sq. ft. of coastal wetlands impacted. Dissimilar and innovative mitigation may be considered adequate by the Division. The mitigation must be approved and in place prior to the , expiration date of this permit. Construction ' 2) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between February 1 and August 1 of any year without the prior approval of the , Division of Coastal Management, in consultation with the Division of Marine Fisheries. This ' (See attached sheet for Additional Conditions) ' ' This ermi action maybe appealed bythepermittee or Signed bythe authorityof the Secretaryof DEHNR and the ' P � PPe � ' other qualified persons within twenty (20) days of the Chairman of the Coastal Resources Commission. ' ' issuing date. An appeal requires resolution prior to work ' ' initiation or continuance,as the case may be. ' • This permit must be accessible on-site to Department • personnel when the project is inspected for compliance. oger N. checter, Director ' , Any maintenance work or project modification not Division of Coastal Management ' , covered hereunder requires further Departmental approval. , All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 1998 , In issuing this permit,the State of North Carolina agrees , that your project is consistent with the North Carolina , Coastal Management Program. Signature of Permittee ' � / / / ' NC Dept. Of Transportation Permit#28-95 Page 2 of 2 / / ADDITIONAL CONDITIONS reduced moratorium period is contingent upon the use of sediments currents immediately upstream and downstream of the bridge during the periods of in-water construction or when / / sediment runoff from highground is likely. / / 3) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. / 4) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, / outside of the alignment of the fill area. / 5) All excavated materials will be confined above mean high water and landward of regularly or / / / // irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 6) Silt fencing or other barrier will be placed between the newly graded shoulders and the adjacent marsh until this area is stabilized. / / / / 7) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less are not considered significant. ' / 8) All fill materials will be obtained from a highground source. / 9) The fill material will be clean and free of any pollutants, except in trace quantities. 10) The temporary placement or double-handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 11) A permanent ground cover sufficient to restrain erosion shall be provided on all exposed areas / within the shorter of 15 working or 60 calendar days after project completion. / / NOTE: The Division of Environmental Management approved this project under Section 401 , Water Quality Certification No. 2969 on 1/26/95. / NOTE: The Corps of Engineers approved this project under Nationwide Permit No. 23. / / / / JOsi STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O.BOX 25201,RALEIGH.N.C. 27611-5201 SECRETARY May 10, 1996 Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources 127 Cardinal Drive Wilmington, North Carolina 28405-3845 ATTENTION: Mr. Bob Stroud Dear Sir: SUBJECT: New Hanover County - Replacement of Bridge No. 17 over Mott Creek on SR 1100; T. I.P. No. B-2596; State Project No. 8.2250301; CAMA Permit No. 28- 95; DOA Action ID. 199303655; DEM Project #95064 Reference CAMA Permit No. 28-95 issued May 16, 1995 for the replacement of Bridge No. 17 over Mott Creek. This permit allowed fill in 0.016 hectare (0.04 acre) of jurisdictional wetlands. Construction of this project has been completed and SR 1100 is open to traffic. During the course of construction, the fill area was extended in order to stabilize the side slopes. The attached drawing (revised page 2 of permit drawings) illustrates the additional fill area involved. The final wetland impact area included 0.023 hectare (0.06 acre) of wetlands. The CAMA Permit requires implementation of a mitigation plan by December 31, 1998. NCDOT has contracted Ecological Consulting Organization, Inc, to evaluate mitigation options in the vicinity of the project. We are currently investigating the feasibility of acquiring and developing the mitigation areas which they proposed. The mitigation area will include 1 to 1 compensation for the final impact area of 0.023 hectare (0.06 acre) of wetlands. When we complete our investigation of the potential mitigation areas, we will submit formal notification of our intent to develop the chosen site. You will be given an opportunity to comment on the proposed construction and monitoring plans. We hereby request modification of CAMA Permit 28-95 to include the final impact area of 0.023 hectare (0.06 acre) . By copy of this letter modification of 401 Water Quality Certification No. 2969 by t I 'v sign r Environmental Management is also requested. o RUD�j�� 6 MAC - �� -- �► May 10, 1996 Page 2 Thank you for your assistance. If you have any questions, please contact Cyndi Bell at (919) 733-7844, Extension 306. Sincer ly ///// f H. Franklin Vick, P. E. , Manager Planning and Environmental Branch HFV/tp cc: Mr. John Parker, DCM Mr. Archie Hankins, P. E. , Hydraulics Mr. D. J. Bowers, P. E. , Division 3 Engineer Mr. Ernie Jahnke, DOA, Wilmington Mr. G. T. Shearin, P. E. , Roadway Design Mr. Kelly Barger, P. E. , Project Management Mr. John Smith, P. E. , Structure Design Mr. Don Morton, P. E. , Highway Design fiI Wi . - I 0 al E.p3 vzmi 3 ? 1 ---1 -- ^yob wo2 -- - - - -�--- �e 6 - --- -- - --- -- - 1-5- -I 1UN 107 1996 et �': I I . _ [Si vISICAN F -7- o ooZ f j - T 60AS ,l 2tV1A 1 'GEM�NT I aN =r - �� I -91 1 I 0 . « o— , I I _ �/ 0LA. = 0o 0 W I _ / O U 'r' O �J l _ rt _ c 1 L ' r� R'. ,-I f-+ L.:O. �3 I /1 ¢ O e 0 I I 0 i 4: of E'-a 0 Q\i ui cr 3 ci, Cu r-\J \-9 el 1/\0 I I 9:10"-t \i ).N :-..› ..„?... 9 c.L EL) 3 ,..,i o u. I I ril 12 I o cz '72--------- 3 1?,e.,,v,exl ..411 i 7;\ 9� I I 1 W 1; Z • .L9. :IA 0 .1 a I - � �,' N t, r r. _ I J �C U)t W I \\ ;/".'ji0 • o ( 3 I o 0'...Q. I v l - Cr) ! f I i p ' OPP- Li.- Z I 1 I I oc 0 Ui �_J (n \ 1 1 1 Ci I - '� I .o — I -7- o t IJ ? I J a \\ V ooi� F 1 �,�‘� Oa DE-Li Z •\ I O l , _ , \ `i �1�[ �\` ,T \ c �� �sr r� � 6 - 1/ ems. S cp `), Q / \ r/ State of North Carolina AA Department of Environment, ,Health and Natural Resources 1 • Division of Coastal Management wily James B. Hunt, Jr., Governor CO E H N F. Jonathan B. Howes, Secretary Roger N. Schecter, Director September 18, 1996 Mr.H. Franklin Vick NC Dept. Of Transportation Planning&Environmental Branch P. O. Box 25201 Raleigh,NC 27611 Dear Sir The enclosed permit constitutes authorization under the Coastal Area Management Act,and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh,NC 27611, (919) 733-2698 within twenty(20)days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval.Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation.However,if questions arise concerning permit conditions,environmental safeguards,or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, \. ,i..4,0 ....1,Dif%\p...mi ..\ John . Parker,Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, J. 111 C FAX 919-733-1495 Raleigh,North Carolina 27611-7687 VilleAn Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 Reduce Reuse Recycle 50%recycled/10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources II?FA Alf;• Division of Coastal Management James B. Hunt, Jr., Governor p E H N Jonathan B. Howes, Secretary Roger N. Schecter, Director September 17, 1996 Mr. H. Franklin Vick NC Dept. of Transportation Planning & Environmental Branch P. O. Box 25201 Raleigh,NC 27611 Dear The enclosed permit has been amended solely for the purpose of reflecting the mitigation requirements and to keep the record current. It is my understanding that the Motts Creek project was completed some months ago and completed in such a manner as to increase wetland impacts. It is requested that mitigation requirments of permit No. 28-95 be satisfactorily concluded at the earliest possible time. Very sincerely, Jo R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/aw cc: Bob Stroud DCM-Wilmington Enclosure P.O. Box 27687, Arl�y� FAX 919-733-1495 Raleigh,North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 _Reduce Reuse Recycle 50%recycled/10%post-consumer paper • -7 - - 9L -� - 3 - S {� MEMORANDUM 7/1/96 TO: JOHN PARKER FROM: T. BARRETT `P RE: STATE PERMIT #28-95 Please find enclosed a request from H. Franklin Vick, representing D.O.T, to modify State Permit #28-95 . The permit for bridge replacement over Mott' s Creek was issued on 4/17/95 . The work has been completed. Field inspections revealed that the project had consumed approximately 506 more coastal wetlands than was proposed or authorized. I requested that D.O.T. submit an "as built" survey of the project, which revealed that approximately 3143 square feet of coastal wetlands had been filled; the permit authorized the fill of 2075 square feet of coastal wetlands, and required mitigation. The finished result was approximately 1068 square feet of coastal wetland fill greater than that authorized. The Division discussed the option of having D.O.T. remove the additional fill material . However, the finished slopes on the road shoulders do not appear unreasonable . It was determined that the fill could remain, but the mitigation requirement should reflect the total coastal wetland impacts . To date, no mitigation plan has been submitted. O" 1, RECEIV EO JUL 3, 1996 fir' MANAGE.MENT ..4 M•n u STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMEs B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O.BOX 25201,RALEIGH,N.C. 27611-5201 SECRETARY June 13, 1996 Division of Coastal Management - � North Carolina Department of Environment, Health and Natural Resources 127 Cardinal Drive JUN 17 1996 Wilmington, North Carolina 28405-3845 DIVISION OF ATTENTION: Mr. Bob Stroud COASTAL MANAGEMENT Dear Sir: SUBJECT: New Hanover County -Replacement of Bridge No. 17 over Mott Creek on SR 1100; T.I.P. No. B-2596; State Project No. 8.2250301; CAMA Permit No. 28- 95; DOA Action ID. 199303655; DEM Project#95064 Reference CAMA Permit No. 28-95 issued May 16, 1995 for the replacement of Bridge No. 17 over Mott Creek. On May 10, 1996, we submitted a request for a minor permit modification to allow additional fill in wetlands. Attached herein is a check in the amount of $50.00 to cover the cost of processing this application. Also attached is a revised plan drawing (page 2 of permit drawings) of the project area. Thank you for your assistance. If you have any questions, please contact Cyndi Bell at (919) 733-7844, Extension 306. Sin re H. Franklin Vick, P.E., Manager Planning and Environmental Branch HF V/.plr cc: Mr. John Parker, DCM Mr. Archie Hankins, P.E., Hydraulics Mr. D. J. Bowers, P.E., Division 3 Engineer Mr. Ernie Jahnke, DOA, Wilmington Mr. G. T. Shearin, P.E., Roadway Design Mr. Kelly Barger, P.E., Project Management Mr. John Smith, P.E., Structure Design Mr. Don Morton, P.E., Highway Design