HomeMy WebLinkAbout20191231 Ver 1_B-4414, Bridge No. 43 over Pungo Swamp, US 264, 98-19_20200106Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
r
Permit
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
Permit Number
98-19
Issued to N.C. Department of Transportation,1581 Mail Service Center, Raleigh, NC 27699-1581
Authorizing development in Beaufort County at Pungo Swam, Bridge No. 43 on US 264
, as requested in the permittee's application dated 12/1 f/19 (MP-1) and
12/12/19 (MP-5), including the attached workplan drawings (9): as referenced in Condition No. 1 of this permit.
This permit, issued on 12/23/19 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-4414, 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 (9): 4 dated 8/28/19, 3 dated 12/12/19,
and 2 dated as received 12/13/19.
2) 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.
3) The new permanent bridge shall be constructed using top down construction with an offsite detour.
. Any other construction method may require additional authorization from DCM.
(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 136-44.713
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.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit No. 98-19
Page 2 of 5
4) In accordance with correspondence from the permittee on 12/13/19, a temporary work bridge is no
longer proposed. All construction access shall be through the use of the existing bridge, the partially
constructed new bridge, and existing high ground areas.
5) The installation and removal of piles for the new bridge and the existing bridge, and the temporary sheet
pile for the channel relocation, 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.
6) Pilings from the existing 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.
7) 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.
8) All fill material shall be clean and free of any pollutants except in trace quantities.
9) 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.
10) 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 or seepage of effluent into any wetlands or surrounding waters.
11) 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 the temporary sheet pile for the channel
relocation.
12) The placement of rock plating and riprap shall be limited to the areas as depicted 'on the attached
workplan drawings. The rock plating and riprap material shall be clean and free from loose dirt or any
pollutant except in trace quantities. The rock plating, and 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.
13) All reasonable efforts shall be made to contain all debris and excess materials associated with 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.
14) Any waste materials or debris generated in the demolition and removal of the existing bridge and
construction of the new bridge and roadway, 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.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit No. 98-19
Page 3 of 5
15) 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.
16) Uncured concrete shall not be allowed to contact waters of the State, or water that will enter waters of
the State.
17) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State.
18) Bridge deck drains shall not directly discharge into the open waters and shall not cause erosion of
adjacent wetlands..
Impacts 'to Wetlands and Waters of the State and Compensatory Mitigation
NOTE: This project will permanently impact approximately 0.07 acres (3,049 square feet) of Coastal
Wetlands (0.05 acres due to permanent fill, and 0.02 acres due to excavation) and will
permanently impact approximately 0.08 acres (3,920 square feet) of 404 Wetlands (0.08 acres
due to permanent fill, and <0.01 acres due to excavation). This project will temporarily impact
approximately 0.06 acres (2,614 square feet) of Coastal Wetlands due to hand clearing and will
temporarily impact approximately 0.05 acres (2,178 square feet) of 404 Wetlands due to hand
clearing.
NOTE: This project will permanently impact approximately 147 linear feet of stream and will
temporarily impact approximately 23 linear feet of stream. This project will permanently impact
approximately 25 square feet of surface waters.
NOTE: In accordance with the N.C. Division of Mitigation Services (DMS) letter dated 8/30/19,
compensatory mitigation for permanent impacts of 0.08 acres of riparian wetlands, 0.07 acres of
coastal marsh, and 147 linear feet of stream associated with the authorized project shall be
provided by the DMS in accordance with the DMS In -Lieu Fee Instrument dated 7/28/10.
19) Wetland areas to be temporarily impacted by hand clearing shall not be grubbed. There shall be no
clearing of wetlands outside of the areas indicated on the attached workplan drawings without prior
approval from DCM.
20) No impacts to wetlands or waters of the State due to mechanized clearing are authorized by this permit
without prior approval from DCM.
21) Construction mats shall be utilized to support equipment within wetland areas to minimize temporary
wetland impacts. These mats shall be removed immediately following project completion.
22) The authorized channel relocation shall be conducted in accordance with the. General Water Quality
Certification Number 4140 issued on 11/8/19 (DWR Project No. 20191231).
N.C. Department of Transportation
Permit No. 98-19
Page 4 of 5
ADDITIONAL CONDITIONS
23) 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 utilities. Impacts resulting from
these utility relocations have been included in the overall impacts for this project.
24) The authorized utility relocations shall not result in any permanent or temporary impacts to wetlands, or
waters of the State, without permit modification.
25) 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.
NOTE: The project may require easements for relocation of utilities crossing the creek, marsh & state-
owned land provided the applicant qualifies for an easement.
Sedimentation and Erosion Control
26) Turbidity curtains shall be used to isolate all in -water work areas from the adjacent waters of Pungo
Swamp, 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.
27) 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.
28) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
General
Permit No. 98-19
Page 5 of 5
29) During bridge construction, the permittee shall make every attempt to allow the same navigation that is
currently possible in Pungo Swamp, upstream and downstream of the existing bridge.
30) 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.
31) 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.
32) 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.
33) Development authorized by this permit shall only be conducted on lands owned by the N.C. Department
of Transportation (NCDOT), appropriate utility entities, and/or their Right -of -Ways and/or easements
and/or similar legal instruments.
34) 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.
35) The N.C. Division of Water Resources (DWR) authorized the proposed project on 11/8/19 (DWR
Project No. 20191231) under General Water Quality Certification No. 4140, and under the Tar -Pamlico
Riparian Buffer Rules. Any violation of the Certification 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-2019-00188), which was issued on 11/25/19.
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.