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HomeMy WebLinkAbout20190585 Ver 1_DCM Permit_20190915Permit Class NEW Permit Number 77-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission erm t 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 N.C. Department of Transportation,1598 Mail Service Center, Raleigh, NC 27699-1598 Authorizing development in Pamlico County at Trent Creek, Bridge No. 38 on NC 55 , as requested in the permittee's application dated 5/2/19 (MP-1) and R/1 6/19 (MP-5), including the attached workplan drawings (36): as referenced in Condition No. 1 of this permit. This permit, issued on 9/13/19 , 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-4593, Bridge Replacement 1) Unless specifically altered herein, all work authorized by this permit shall be carried out in accordance with the following attached workplan drawings: 25 dated 7/19/19, 3 dated 3/25/19, 3 dated 4/24/19, 1 dated 4/18/19, and 4 dated 4/26/19. 2) In accordance with commitments made by the permittee, in order to protect anadromous fisheries resources in Trent Creek, no in -water work shall be conducted between February 15 through June 30 of any year without prior approval of the N.C. Division of Coastal Management (DCM), in consultation with the appropriate resource agencies. (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. 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 DEQ and the Chair of the Coastal Resources Commission. i Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee N.C. Department of Transportation Permit No. 77-19 Page 2 of 6 ADDITIONAL CONDITIONS 3) In order to protect the endangered West Indian Manatee, Trichechus manatus, the applicant shall implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_ guidelines.pdf. 4) The new permanent bridge and temporary on -site detour bridge shall be constructed using top down construction. Any other construction method may require additional authorization from DCM. 5) All construction access shall be through the use of the existing bridge, the partially constructed new bridge, the temporary on -site detour bridge, and existing high ground areas. 6) Construction of the temporary on -site detour within wetlands or waters of the State is prohibited while the moratorium referenced in Condition No. 2 of this permit is in effect, without prior approval of DCM, in consultation with the appropriate resource agencies. 7) The authorized sheet pile retaining walls for the temporary on -site detour shall be in place prior to any backfilling activities. The sheet pile retaining walls shall be structurally tight so as to prevent seepage of fill materials through the structure. 8) All temporary fill shall be placed on geotextile fabric to facilitate the total removal upon completion of the project. 9) The temporary on -site detour, including temporary sheet piles, temporary toe protection, and associated temporary fill shall be removed in its entirety within 90 days after it is no longer needed and disposed of at an approved high ground site. However, if this timeframe occurs while the moratorium referenced in Condition No. 2 of this permit is in effect, then the temporary on -site detour shall be removed in its entirety within 90 days of the moratorium end date and disposed of at an approved high ground site. 10) The installation and removal of the piles for the new bridge, temporary on -site detour bridge, and existing bridge 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 authorization from DCM shall be required. 11) Pilings from the existing bridge, temporary on -site detour bridge, as well as any remnant pilings from previous bridges, shall be removed in their entirety, except that if 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. 12) 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. 13) All fill material shall be clean and free of any pollutants except in trace quantities. 14) Material excavated at the project site 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. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 77-19 Page 3 of 6 15) 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. 16) The temporary placement and double handling of any excavated or fill material within wetlands or waters of the State is not authorized, with the exception of that which is necessary for the construction of the temporary on -site detour. 17) 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. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 18) All reasonable efforts shall be made to contain all debris and excess materials associated with construction and removal of the temporary on -site detour, removal of the existing bridge, and construction of the new bridge, with the intent that materials/debris do not enter wetlands or waters of the State, even temporarily. 19) Any waste materials or debris generated in the demolition and removal of the existing bridge, construction of the new bridge or roadway, and/or construction and removal of the temporary on -site detour, shall be disposed of at an approved upland site or shall be recycled in an environmentally appropriate manner provided appropriate authorizations are obtained from any relevant state, federal, or local authorities. 20) The demolition plan for removal of the existing bridge structure shall be submitted to DCM for review and approval prior to commencement of the demolition activities. 21) Uncured concrete shall not be allowed to contact waters of the State, or water that will enter waters of the State. 22) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State. 23) Bridge deck drains shall not be located over the open waters of Trent Creek and shall not cause erosion of adjacent wetlands. Impacts to Wetlands and Waters of the State, Riparian Buffers, and Compensatory Mitigation NOTE: This project will permanently impact approximately 0.11 acres (4,600 square feet) of Coastal Wetlands (0.09 acres due to permanent fill, and 0.02 acres due to excavation). This project will temporarily impact approximately 1.12 acres (48,787 square feet) of Coastal Wetlands (0.15 acres due to temporary fill and 0.97 acres due to hand clearing). N.C. Department of Transportation Permit No. 77-19 Page 4 of 6 ADDITIONAL CONDITIONS NOTE: This project will permanently impact approximately 13 linear feet of stream and approximately 143 square feet of surface waters. This project will permanently impact approximately 6,533 square feet of Neuse Riparian buffer. This project will temporarily impact approximately 199 square feet of surface waters. 24) Wetland areas to be temporarily impacted by hand clearing shall not be grubbed. 25) There shall be no clearing of wetlands outside of the areas indicated on the attached workplan drawings without prior approval from DCM. 26) After the fill material associated with the temporary detour is removed, disturbed areas associated with the temporary detour shall be restored to the pre-existing contour and elevation. Disturbed areas shall be planted with appropriate native Coastal Wetland species during the first planting cycle following removal of the temporary detour. 27) In accordance with requirements of the U.S. Army Corps of Engineers, compensatory mitigation for permanent impacts to 0.11 acres of Coastal Wetlands shall be mitigated by debiting 0.22 acres of brackish marsh mitigation credits from the Lengyel Mitigation Site in Craven County. 28) Due to the possibility that compaction, hand clearing, and/or other site alterations might prevent the temporary Coastal Wetland impact areas from re -attaining pre -project wetland functions, the permittee shall provide an annual update on the Coastal Wetland areas temporarily impacted by this project. This annual update shall consist of photographs and a brief written report on the progress of these temporarily impacted areas in re -attaining their pre -project wetland functions. The permittee shall schedule a meeting with DCM to verify the extent and location of temporary impacts upon project completion. Within three years after project completion, the permittee shall hold another agency field meeting with DCM to determine if the Coastal Wetland areas temporarily impacted by this project have re -attained pre -project wetland functions. If at the end of three years DCM determines that the Coastal Wetland areas temporarily impacted by the project have not re -attained pre -project wetland functions, DCM will determine whether compensatory wetland mitigation shall be required. Utility Impacts NOTE: Construction of the new bridge will also require relocation of cable, communication, electric, sewer, and water utilities. Impacts resulting from these utility relocations have been included in the overall impacts for this project. 29) Any waterline relocation or other alterations to the water system must be approved by the Public Water Supply Section (PWS Section, Plan Review Unit, 1634 Mail Service Center, Raleigh, NC 27699-1634) prior to water system alteration. 30) 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 N.C. Department of Transportation Permit No. 77-19 Page 5 of 6 ADDITIONAL CONDITIONS 31) Construction mats shall be utilized to support equipment within Coastal Wetland areas to minimize temporary wetland impacts. These mats shall be removed immediately when they are no longer necessary. Sedimentation and Erosion Control 32) Turbidity curtains shall be used to isolate all in -water work areas from the adjacent waters of Trent Creek, including but not limited to the existing bridge removal, pile installation, pile removal, and placement of riprap within or adjacent to surface waters. The turbidity curtains shall encircle the immediate work area, however, they shall not impede navigation. The turbidity curtains shall be properly maintained and retained in the water until construction is complete and shall only be removed when turbidity within the curtains reaches ambient levels. 33) 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 N.C. Division of Energy, Mineral and Land Resources. General 34) During bridge construction, the permittee shall make every attempt to allow the same navigation that is currently possible in Trent Creek, upstream and downstream of the existing bridge. 35) No attempt shall be made by the permittee to prevent the use by the public of all navigable waters at or adjacent to the authorized work following completion of construction. 36) The permittee shall exercise all available precautions in the day-to-day operation of the facility to prevent waste from entering the adjacent waters and wetlands. 37) If it is determined that additional permanent and/or temporary impacts 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 may 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. 38) Development authorized by this permit shall only be conducted on lands owned by NCDOT, appropriate utility entities, and/or its Right -of -Ways and/or easements. 39) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in Morehead City at (252) 808-2808 ext. 208 to request a preconstruction conference prior to project initiation. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 77-19 Page 6 of 6 40) The N.C. Division of Water Resources (DWR) authorized the proposed project on 6/24/19 (DWR Project No. 20190585) under General Water Quality Certification Nos. 4132 and 4133, and under the Neuse Riparian Buffer Rules. Any violation of the Certifications approved by DWR 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 14 (COE Action ID No. SAW-2019-01204), which was issued on 7/3/19. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of DWR.