Loading...
HomeMy WebLinkAbout20120296 Ver 2_Other Documents_20121203Permit Class NF.W ("a- uZ7& STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A -118 Ek-c, vauun °anwor ttlirig`pursuant toivC- 6S 17 17 =229 " Permit Number 63 -12 Issued to N.C. Department of Transportation, 1548 Mail Service Center, Raleigh, NC 27699 -1548 Authorizing development in Hertford County at Potecasi Creek and unnamed tributary to Potecasi Creek; US 158 , as requested in the permittee's application dated 311112, and the e -mail dated 5/24/12, including the attached workblan drawings (115) as described in Condition No. 1 below. This permit, issued on 6/7112 , 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 oe suojecL to lines, imprisonment or civil action; or may cause ine permit to oe nun ana voia. TIP No. R -2583, Roadway Widening with Bridge and Culvert Replacement 1) All work authorized by this permit shall be carried out in accordance with the following attached workplan drawings, except as modified herein: Wetlands and Streams Impacts drawings: 45 dated 10/3/11 and 3 dated 10/21/11 Utilities drawings: 31 dated 3/8/12 Roadway Design drawings: 35 dated 9/15/11 and dated 2/17/12 (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on No expiration date, pursuant to GS 136 -44.7B In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. P'J'e. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee .r N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #63 -12 Page 2 of 6 2) In accordance with the permittee's correspondence dated 5/24/12, prior to project completion, the permittee shall remove the vertical abutment from the western side of the existing bridge over Potecasi Creek and shall grade the remaining bank down to the creek at a 3:1 or flatter slope. The purpose of this is to mitigate for the loss of the informal public trust access on the east side of the existing bridge over Potecasi Creek. p -water work shall be conducted between 3 In order to protect anadromous fisheries resources K ari'' "' om Fenr "" nary` "T5- io'Aff ':) o"i °any`year m Ftitecasr`c ree u one uriridiiied lrrbutaiy iupFoiecast•Creek'ai Site 2 as depicted on the attached workplan drawings, without prior approval of the N.C. Division of Coastal Management (DCM), in consultation with the N.C. Wildlife Resources Commission (WRC). 4) The permittee shall implement the N.C. . Department of Transportation.',s,(NCDQT's,), Stream:Crossing Guidelines for Anadromous Fish Passage. 5) Excavated material may be used in fill areas associated with the project once properly dewatered or shall be removed from the site and taken to a high ground location. 6) All excavated materials shall be confined above normal water level and landward of regularly or irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters, as authorized in the attached workplan drawings. 7) The temporary placement and double handling of any excavated or fill material within waters or vegetated wetlands is not authorized, with the exception of that fill necessary for the construction of the temporary work bridge. This condition also applies to the removal of the existing bridge, culverts, roadway asphalt and associated materials. 8) No excavation or filling shall take place at any time in any vegetated wetlands or surrounding waters outside of the alignment of the areas indicated on the attached workplan drawings, without permit modification. 9) All fill material shall be clean and free of any pollutants except in trace quantities. 10) All fill material shall be obtained from an upland source. 11) Live concrete shall not be allowed to contact the water in or entering into waters of the State, or the adjacent wetlands. 12) The placement "of riprap shall be limited to the areas as depicted on the attached workplan drawings. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities. The riprap material shall consist of clean rock or masonry materials such as, but not limited to, granite, marl or broken concrete. 13) Construction staging areas shall be located only in upland areas, and not in wetlands or Waters of the State. 14) All construction access for the new permanent bridges over Potecasi Creek shall be through the authorized temporary work bridge, partially constructed new bridges or existing high ground areas. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #63 -12 Page 3 of 6 15) In accordance with,design commitments made in the permit application, the vertical navigational clearance of the authorized temporary work bridge shall be a minimum of 7 feet above the normal water level of Potecasi Creek as measured from the bottom of the temporary bridge decking. 16) The installation of the piles for the permanent and temporary bridges shall be accomplished by pile driving and/or the use of a vibratory hammer. Should the permittee and /or its contractor propose to utilize another type of pile installation, such as jetting or drilled shaft construction, additional aiitiiorizaion'from`Cvl snaii"ee 17) Pilings from the existing bridge and the temporary work bridge, as well as any remnant pilings from previous bridges, shall be removed in their entirety, except that in the event that a bridge piling breaks during removal and cannot be removed in its entirety, it maybe cutoff flush .vith the bed of the water body, and DCM shall be notified of each occurrence within one working day. 18) The temporary work bridge and the existing bridge shall be removed in their entirety within 90 days after they are no longer needed and disposed of at an approved high ground site. However, if this timeframe occurs while the moratorium referenced in Condition No. 3 of this permit is in effect, and if WRC is opposed to the removal of the temporary work bridge and /or the existing bridge within the moratorium period, then the temporary work bridge and /or the existing bridge shall be removed in their entirety within 30 days of the moratorium end date. 19) All materials and debris associated with the removal and/or construction of the existing and /or new bridge, temporary work bridge, existing and /or new culverts, existing and /or new causeway, other existing structures within the Right -of -Way as authorized by the permit and associated materials, shall not enter wetlands or Waters of the State, even temporarily. Any such material shall be disposed of at an approved upland site or shall be recycled in an environmentally appropriate manner provided appropriate authorizations from any relevant state, federal, or local authorities are obtained. Historical and Cultural Resource Protection 20) In accordance with environmental commitments made within the FONSI dated 6/3/08, the permittee shall conduct a detailed archaeological data recovery at Site 31HF268 prior to construction. However, construction may begin outside of the Area of Potential Effect for Site 31HF268 before the detailed archaeological data recovery is complete. The permittee shall provide DCM with documentation that the N.C. State Historic Preservation Office agrees that the archaeological data recovery was successfully completed prior to initiation of construction activities within the Area of Potential Effect for Site 31HF268. Utility Impacts NOTE: The construction of the new bridge will also require the relocation of gas, forced main sanitary sewer, telephone and water utility lines with associated hand and mechanized clearing. Wetland and stream impacts resulting from the utility relocation have been included in the total wetland and stream impacts for this project. N.C. Department of Transportation Permit #63 -12 Page 4 of 6 ADDITIONAL CONDITIONS NOTE: CAMA'General Permit #58370 was issued on 10/20/11 for the relocation of electrical utility lines associated with the R -2583 project, including across Potecasi Creek. 21) Any utility work associated with this project that is not specifically depicted on the attached workplan drawings, or described within the attached permit application, shall require approval from DCM, either under the authority of this permit, or by the utility company obtaining separate authorization. 22) -------- Utihnes`tnat cross tie uruiariieT r nutary'ia otecasi CreeK at Site"z "as'�depicied "on Lne aaacned °` workplan drawings shall be installed using a horizontal directional bore drilling method. Entry and exit points of this activity, including disposal of material from the drilling activity, shall be outside of all wetlands and Waters of the State. The utilities shall be installed at a minimum depth of two feet below the bottom.contour. NOTE: Plans and specifications for the relocation and /or replacement of potable water supply lines must be submitted to the N.C. Division of Environmental Health, Public Water Supply Plan Review Section for approval prior to construction. Final approval must be issued before water mains are placed into service. NOTE: The permittee is advised to contact the Hertford County Water Department to determine precise locations of existing water mains in the project area. Impacts to Wetlands and Waters of the State and Compensatory Mitigation NOTE: This project will permanently impact approximately 4.44 acres of 404 wetlands (2.97 acres due to fill, 0.67 acres due to excavation, 0.80 acres due to mechanized clearing). This project will temporarily impact approximately 0.82 acres of 404 wetlands due to hand clearing. This project will permanently impact approximately 0.25 acres of surface waters and will temporarily impact approximately 0. 11 acres of surface waters. NOTE: This project will permanently impact approximately 1,832 linear feet of streams and will temporarily impact approximately 222 linear feet of streams. NOTE: In accordance with the Ecosystem Enhancement Program (EEP) letter dated 2/14/12, compensatory mitigation for permanent impacts of 3.96 acres of riparian wetlands, 0.48 acres of non - riparian wetlands and 1,832 linear feet of warm stream associated with the authorized project shall be provided by the EEP in accordance with the EEP In -Lieu Fee Instrument dated 7/28/10. 23) Fill slopes in wetlands shall be 3:1 or steeper. 24) There shall be no clearing or grubbing of wetlands outside of the areas indicated on the attached workplan drawings without prior approval from DCM. 25) Wetland areas to be temporarily impacted by clearing shall not be grubbed. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #63 -12 Page 5 of 6 26) Wetlands shall not be crossed inAransporting- equipment to the project site, except for'the purposes of hand clearing, without prior approval from DCM. The permittee shall minimize the need to cross wetlands in transporting equipment for hand clearing to the maximum extent practicable. Sedimentation and Erosion Control `2i j�`'°"" "Turbiditylcur[ains`rarid`�siit' fences° sriali "be`used "to °is�olaze'aliiri =water work areas "fr "om "YOtecasi "l,reek�" and the unnamed tributary to Potecasi Creek at Site 2 as depicted on the attached workplan drawings, including pile installation and removal, placement of riprap, and excavation or filling. The turbidity curtains shall be of sufficient length and effectiveness to prevent a visible increase in the amount of suspended sediments in adjacent waters. The turbidity curtains shall isolate and contain-in-water work areas with active construction activities in progress, such as installation of bridge pilings. Turbidity curtains shall not impede navigation. Turbidity curtains shall be properly maintained and retained in the water until construction within the area that they are containing is complete. Turbidity curtains shall be removed when turbidity within the curtains reaches ambient levels. 28) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and properties (e.g. silt fence, diversion swales or berms, etc.). 29) This project shall conform to all requirements of the N.C. Sedimentation Pollution Control Act and NCDOT's Memorandum of Agreement with the Division of Land Resources. 30) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. Stormwater Management NOTE: The N.C. Division of Water Quality (DWQ) confirmed in a letter dated 5/4/12 (SW7120209) that the subject project is excluded from State Stormwater permitting requirements as set forth in Section 2(d)(1) of Session Law 2008 -211, effective October 1, 2008, and the stormwater rules under Title 15A NCAC 2H .1000, as amended. 31) In accordance with Condition No. 4 of the General Water Quality Certification No. 3875 issued by DWQ on 1/19/12 (DWQ Project No. 20111075), bridge deck drains shall not discharge directly into the stream. DWQ issued corrections to this same Water Quality Certification on 2/28/12 and 5/30/12. General 32) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work following completion of construction activities. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #63 -12 Page 6 of 6 33) During bridge construction and demolition, the permittee shall make every attempt not to impede navigation in Potecasi Creek. If this is not possible, then adequate notice shall be provided to the public that navigation will be limited during construction. The notice shall include an estimate of the amount of time that the limited navigation will occur. 34) The permittee shall install and maintain at its expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized permanent and temporary bridges over " J 'rotecasi Creex: At'�a 111inimulTl `permanent'rePlectors °sfiall be atLUMeLl'L.v'irie'StruclUrCS irl uiuCi'io iiialtC them more visible during hours of darkness or inclement weather. 35) The permittee shall exercise all available precautions in the day -to -day operation of the facility to prevent vj%st. -_fi ,3m entering the adjacent wat_.rs and wetlands. 36) If it is determined that additional permanent and /or temporary impacts (such as but not limited to temporary access roads, detours, or matting to transport equipment across wetlands) are necessary that are not shown on the attached workplan drawings or described in the authorized permit application, a permit modification and/or additional authorization from DCM shall be required. In addition, any changes in the approved plan may also require a permit modification and/or additional authorization from DCM. The permittee shall contact a representative of DCM prior to commencement of any such activity for this determination and any permit modification. 37) Development authorized by this permit shall only be conducted on lands owned by NCDOT and/or its Right -of -Ways and /or easements. 38) The permittee and/or his contractor shall contact the DCM Transportation Field Representative in Elizabeth City at (252) 264 -3901 to request a preconstruction conference prior to project initiation. 39) DWQ authorized the proposed project on 1/19/12 (DWQ Project No. 20111075) under General Water Quality Certification No. 3875. DWQ issued corrections to this same Water Quality Certification on 2/28/12 and 5/30/12. Any violation of the Certification approved by DWQ shall be considered a violation of this CAMA permit. NOTE: The U.S. Army Corps of Engineers is reviewing this project as an individual Permit (Amon Iii No. SAW- 2002 - 11081). NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required.