20071775 Ver 1_Other Agency Comments_20080128

Permit Class
AMENDED
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
If% it
for
Permit Number
203-07
X Major Development in an Area of'nvironmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to N.C. Department of Transportation, 1598 Mail Service Center, Raleigh, NC 27699-1598
Authorizing development in Perquimans County at Goodwin Creek (aka Bear Swamp Canal),
Bridge No. 62 on SR 1110 , as requested in the permittee's application dated 10/15/07. including the
attached workplan drawings (15): 1 dated 1/30/07; 1 dated 1/31/07; 9 dated 2/8/07; 1 dated 2/9/07; 1 dated 2/23/07; & 2 dated 9/7/07
This permit, issued on 1/208 , 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 fines, imprisonment or civil action; or may cause the permit to be null and void.
TIP No. B-4226, Bridle Replacement
1) In order to protect anadromous fish in Goodwin Creek (aka Bear Swamp Canal), no in-water work
shall be conducted between February 15 to June 30 of any year without prior approval of the N.C.
Division of Coastal Management, in consultation with the N.C. Wildlife Resources Commission. For
the purposes of this moratorium, in-water is defined as those areas that are inundated at normal water
level.
2) The permittee shall implement the N.C. Department of Transport ation's (NCDOT's) Stream
Crossing Guidelines for Anadromous Fish Passage.
3) No excavation shall occur within waters or wetlands of the State.
(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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
r j
James H. Gregson, irector
Division of Coastal Management
This permit and its conditions are hereby accepted.
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.
Signature of Perinittee
N.C. Department of Transportation Permit #203-07
Page 2 of 5
ADDITIONAL CONDITIONS
4) Construction of new ditches shall not occur within wetlands or waters of the State, without permit
modification.
5) The temporary placement and double handling of any excavated or fill material within waters or
wetlands of the State is not authorized, with the exception of that fill necessary for the installation of
erosion control measures as described in the attached application. This condition also applies to the
removal of the existing bridge, roadway asphalt and associated materials.
6) Material excavated may be used in fill areas associated with the project or shall be removed from the site
and taken to an approved high ground location.
7) 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.
8) No fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of
the alignment of the fill area(s) as indicated on the attached workplan drawing(s), 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 Goodwin Creek (aka Bear
Swamp Canal) or the adjacent wetlands.
12) The bridge shall be constructed using top down construction methodologies and an off site detour. Any
other construction method may require additional authorization from DCM.
13) All construction access shall be through the use of the existing bridge. Use of mats for construction
access across wetlands shall require additional authorization from DCM.
14) Unless specifically altered herein, the N.C. Department of Transportation's (NCDOT's) document "Best
Management Practices for Bridge Demolition and Removal" (final 9/20/99) shall be followed during
both demolition and construction activities.
15) Pilings from the existing bridge, as well as any remnant pilings from previous bridges, shall be removed
in their entirety, except that in the event that a piling breaks during removal and cannot be removed in its
entirety, the piling may be cut off flush with the bed of the water body, and DCM shall be notified of
each occurrence within one working day.
16) If the pile installation practice is accomplished using pile driving and/or vibratory hammer then
additional authorization from DCM shall not be required. Should the permittee and/or its contractor
propose to utilize another type of pile installation, such as jetting or drilled shaft construction, additional
authorization from DCM shall be required.
N.C. Department of Transportation Permit #203-07
Page 3of5
ADDITIONAL CONDITIONS
17) Debris resulting from the removal of the existing bridge, including deck components, roadway asphalt
and associated materials, shall not enter wetlands or waters of the State, even temporarily.
18) All materials and debris associated with the removal and/or construction of the existing and/or new
bridge and associated materials 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.
19) There shall be no deck drains on the new bridge without permit modification.
20) The placement of riprap shall be limited to the areas as depicted on the attached workplan drawing(s).
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.
21) Fill slopes in wetlands shall be 3:1 or steeper.
22) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State.
Utility Impacts
NOTE: The permittee should contact the Perquimans County Water Department to verify location of
existing water distribution lines.
NOTE: The permittee and/or its contractors should be aware of public utilities' location during entrance
and egress from the project area.
23) The water pipes, telephone cable and gas pipe 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.
24) Any relocation of utility lines that is not specifically depicted on the attached workplan drawing(s), 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.
25) Subaqueous lines shall be placed at a depth of six feet below the project depth of federal projects. In
other areas they shall be installed a minimum depth of two feet below the bottom contour.
26) The authorized utility work shall not result in any permanent or temporary impacts to wetlands or waters
of the State, without permit modification.
N.C. Department of Transportation Permit #203-07
Page 4 of 5
ADDITIONAL CONDITIONS
Impacts to Wetlands and Waters of the State and Nlitit!ation
NOTE: This project will permanently impact approximately 0.19 acres of riverine wetlands due to fill.
This project will temporarily impact approximately 0.12 acres of riverine wetlands due to hand
clearing. Within the areas that are impacted by hand clearing, there will also be 0.04 acres of
temporary impacts due to fill.
NOTE: In accordance with the Ecosystem Enhancement Program (EEP) letter dated 9/21/07,
compensatory mitigation for permanent wetland impacts of 0.19 acres of riparian wetlands
associated with the authorized project shall be provided by the EEP.
27) There shall be no clearing of wetlands outside of the area(s) indicated on the attached workplan
drawing(s) without prior approval from DCM.
28) Wetland areas to be cleared shall not be grubbed
Sedimentation and Erosion Control
29) Turbidity curtains and silt fences shall be used to isolate all work areas from Goodwin Creek (aka Bear
Swamp Canal), including pile installation, placement of riprap, excavation or filling. The turbidity
curtains shall be installed parallel to the banks on each side of the creek. The turbidity curtains shall
extend past the construction limits and be attached to the silt fences containing the work site. The
turbidity curtains shall be of sufficient length to extend to the substrate. The turbidity curtains shall not
fully encircle the work area or extend across Goodwin Creek (aka Bear Swamp Canal). The turbidity
curtains shall be properly maintained and retained in the water until construction is complete and all of
the work area contained by the turbidity curtains has been stabilized by vegetation or other means. The
turbidity curtains shall be removed when turbidity within the curtains reaches ambient levels.
30) 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.).
31) This project shall conform to all requirements of the N.C. Sedimentation Pollution Control Act and the
N.C. Department of Transportation's (NCDOT's) Memorandum of Agreement with the Division of
Land Resources.
32) The permittee shall follow "Best Management Practices for the Protection of Surface Waters".
33) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
Stormwater Management
34) The N.C. Division of Water Quality (DWQ) Stormwater Management Section approved this project
under stormwater management rules of the Environmental Management Commission under Stormwater
Permit No. SW7070312 on 5/8/07. Any violation of the permit approved by the DWQ shall be
considered a violation of this CAMA permit.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
General
Permit 4203-07
Page 5 of 5
35) 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.
36) During bridge construction, the permittee shall make every attempt to allow the same navigation that is
currently possible in Goodwin Creek (aka Bear Swamp Canal), north and south of the existing bridge. 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.
37) The permittee shall exercise all available precautions in the day-to-day operation of the facility to
prevent waste from entering the adjacent waters.
38) The permittee and/or his contractor shall contact the DCM Transportation Project Coordinator in
Elizabeth City at [phone] to request a preconstruction conference prior to project initiation.
39) 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 drawing(s) 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.
40) The N.C. Division of Water Quality (DWQ) authorized the proposed project on 10/19/07 (DWQ Project
No. 07-1775) under General Water Quality Certification No. 3701. 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 authorized the proposed project under Nationwide Permit
Number 23 (COE Action M No. SAW-2007-03456-172), which was issued on 11/15/07.
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required.