HomeMy WebLinkAbout20200142 Ver 1_B-4484 CAMA permit 45-20_20200414ermit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
rrmit
for
_JL Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
45-20
Issued to N.C. Department of Transportation,1037 W H Smith Blvd, Greenville, NC 27835
Authorizing development in Craven County at Neiise River and nearby overflow, Bridge No-
1 I RandRnnd Rrid ge
No_1 N on Su 14,70 as requested in the permittee's application dated l of I /12(I4N 1) anti 9123119
This permit, issued on April 14, 2020 , 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 tines, imprisonment or civic action; or may cause the permit to oe mut ana voiu.
TIP No. B4484, Replacement of Bridges 138 and 139
1) Unless specifically altered herein, all work authorized by this permit shall be carried out in
accordance with the following attached workplan drawings:
Wetland and Surface Water Impacts (13 sheets): 2 dated 3/2/20.6 dated 9/19/19, 3 dated 9/10/19, 1
dated 6/27/19, and 1 dated 6/21/19.
Utility drawings (11 sheets): 4 dated 10/31/18, 4 dated as received 12/4/19, 2 dated 8/8/19, and 1
dated 8/29/18.
Buffer impacts (2 sheets): 2 dated 9/19/19.
Roadway design drawings (36 sheets): 29 dated 10/16/19, and 7 dated 10/17/19.
(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 orproject modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
No expiration date, pursuant to GS 13644.7B
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 Cha it
of the CoastalRes es 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. 45-20
Page 2 of 6
2) In accordance with commitments made by the permittee, in order to protect anadromous fisheries
resources in the Neuse River, no in -water work shall be conducted between February 15 through
September 30 of any year without prior approval of the N.C. Division of Coastal Management (DCM),
in consultation with the appropriate resource agencies.
3) Work within exclusion devices around individual bents or other work areas (installed prior to the start of
the moratorium) is not allowed during the in -water work moratorium without prior approval of DCM, in
consultation with the appropriate resource agencies.
4) The permittee shall comply with all construction conditions as required by the National Marine Fisheries
Service Section 7 consultation letter dated April 10, 2020 in order to meet the Not Likely to Adversely
Effect biological conclusion for the Atlantic Sturgeon, including but not limited to, the use of a pile
cushioning block for all in -water pile driving operations, and the use of turbidity curtains.
NOTE: The permittee rescinded its request to use bubble curtains on this project.
5) In accordance with commitments made by the permittee, the applicant shall implement the "U.S. Fish &
Wildlife Service's Guidelines for Avoiding Impacts to the West Indian Manatee, Trichechus manatus:
precautionary measures for construction activities in North Carolina's Waters".
6) All construction access shall be through the use of the existing bridge, the partially constructed new
bridge, the temporary work platforms, barges, temporary fill areas, and/or existing high ground areas.
7) Barges shall be utilized only in areas of sufficient depth such that the barges avoid contact with the
bottom and do not rest on the bottom during periods of low water.
8) Construction of the temporary work platforms 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.
9) The existing bridges and temporary work platforms, including piles, 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. 2 of this permit is
in effect, then the existing bridges and temporary work platforms, including piles, shall be removed in
their entirety within 90 days of the moratorium end date and disposed of at an approved high ground
site.
10) Any voids in wetlands or shallow bottom habitat caused by the removal of the temporary work platforms
and/or temporary fill areas shall be restored to the elevation of pre-existing conditions with suitable
material. The permittee shall notify DCM's Transportation Field Representative in Morehead City to
provide DCM with an opportunity to inspect the material for suitability prior to backfilling.
11) The installation and removal of the piles for the new bridges, temporary work platforms, and existing
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 authorization from DCM shall be required.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit No. 45-20
Page 3 of 6
12) Pilings from the existing bridge, temporary work platforms, as well as any remnant pilings from
previous bridges, shall be removed in their entirety, except that if a piling or other component breaks
during removal and cannot be removed in its entirety, the piling or other component may be cut off flush
with the bed of the water body, and DCM shall be notified of each occurrence within one working day.
13) 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.
14) All fill material shall be clean and free of any pollutants except in trace quantities.
15) 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.
16) 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.
17) The temporary placement and/or double handling of any excavated or fill material within wetlands or
waters of the State is not authorized, with the exception of the authorized temporary fill areas associated
with the channel relocation.
18) Construction mats or other methodologies shall be utilized within all temporary fill areas to minimize
temporary wetland impacts. The mats and/or other structures shall be removed immediately when no
longer necessary.
19) The placement of riprap and rock plating shall be limited to the areas as depicted on the attached
workplan drawings. The riprap and rock plating material shall be clean and free from loose dirt or any
pollutant except in trace quantities. In accordance with commitments made by the permittee, the riprap
and rock plating material shall consist of granite. It shall be of a size sufficient to prevent its movement
from the approved alignment by wave or current action.
20) All reasonable efforts shall be made to contain all debris and excess materials associated with
construction and/or demolition of the temporary work platforms, new and existing bridges, and
relocation of the boat access driveway, with the intent that materials/debris do not enter wetlands or
waters of the State, even temporarily.
21) Any waste materials or debris generated in the demolition and removal of the existing bridge,
construction of the new bridge or roadway, relocation of the boat access driveway, and/or construction
and removal of the temporary work platforms, 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.
22) The demolition plan for removal of the existing bridges shall be submitted to DCM for review and
approval prior to commencement of the demolition activities.
N.C. Department of Transportation Permit No. 45-20
Page 4 of 6
ADDITIONAL CONDITIONS
23) Uncured concrete or water that has been in contact with uncured concrete shall not be allowed to contact
waters of the State, or water that will enter waters of the State.
24) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State.
25) The retaining walls shall be in place prior to any backfilling activities. The retaining walls shall be
structurally tight so as to prevent seepage of fill materials through the structure.
26) In accordance with Condition No. 11 of the 401 Water Quality Certification No. 0004214, all work in or
adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags,
rock berms, cofferdams, and other diversion structures shall be used to prevent excavation in flowing
water.
Impacts to Wetlands and Waters of the State, Riparian Buffers, and Compensatory Mitigation
NOTE: This project will permanently impact approximately 1.09 acres of 404 Wetlands due to
permanent fill, approximately 0.20 acres due to excavation, and approximately 1.20 acres due to
mechanized clearing. This project will temporarily impact approximately 0.29 acres of 404
Wetlands due to fill.
NOTE: In accordance with the N.C. Division of Mitigation Services (DMS) letter dated 10/3/19,
compensatory mitigation for permanent impacts of 2.5 acres of riparian wetlands associated with
the authorized project shall be provided by the DMS in accordance with the DMS In -Lieu Fee
Instrument dated 7/28/10.
NOTE: This project will permanently impact approximately 11,843 square feet of Neuse Riparian buffer.
27) There shall be no clearing or grubbing of wetlands outside of the areas indicated for impacts on the
attached workplan drawings without prior approval from DCM.
Utility Impacts
NOTE: Construction of the new bridge will also require relocation of electric and water utilities.
Impacts resulting from these utility relocations have been included in the overall impacts for this
project.
28) 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.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit No. 45-20
Page 5 of 6
29) 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.
30) The permittee shall minimize the need to cross wetlands in transporting equipment to the maximum
extent practicable.
Sedimentation and Erosion Control
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 N.C. Division of
Energy, Mineral and Land Resources.
32) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
General
33) During construction and/or demolition of the bridges and work platforms, the permittee shall make
every attempt to allow the same navigation that is currently possible in the Neuse River, upstream and
downstream 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 and/or demolition. The notice shall include an
estimate of the amount of time that the limited navigation will occur.
34) In accordance with the attached workplan drawings, the authorized temporary work platforms shall be
elevated a minimum of 10.5 feet above the normal water level of the Neuse River as measured from the
low chord of the structure.
35) In accordance with commitments made by the permittee, access to the N.C. Wildlife Resources
Commission (WRC) public boat ramp approximately 400 feet upstream from the project shall not be
impeded at any time, including during relocation of the gravel drive leading to the WRC boat ramp.
36) 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.
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 and wetlands.
38) 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.
N.C. Department of Transportation Permit No. 45-20
Page 6 of 6
ADDITIONAL CONDITIONS
39) 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.
40) 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.
41) 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 facilities. For further information, the
permittee should contact the U.S. Coast Guard Marine Safety Office. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
42) The N.C. Division of Water Resources (DWR) authorized the proposed project on 3/24/20 (DWR
Project No. 20200142) under General Water Quality Certification No. 004214, 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 is reviewing this project as an Individual Permit (Action ID
No. 2017-00829).
NOTE: This project shall be constructed in accordance with the permittee's Stormwater Management
Plan dated 8/7/19, and the provisions of the NCDOT's National Pollutant Discharge Elimination
(NPDES) Stormwater Permit NCS000250, including the application requirements of the
NCG01000.
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.