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HomeMy WebLinkAbout20160186 Ver 3_DCMMajor Mod_breasting_mooring_permit_20200624Permit Class MODIFICATION/MAJOR Permit Number 106-12 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C. Department of Transportation, 113 Airport Drive, Edenton, NC 27932 Authorizing development in Dare County at Oregon Inlet and Pamlico Sound, Herbert C. Bonner Bridge on NC Highway 12 as requested in the permittee's application dated 2/2/16, including the attached workplan drawings (7), as referenced in Condition No. 2 of this permit. This permit, issued on 2/29/16 , 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-2500, Phase I 1) Unless specifically altered herein, this Major Modification authorizes the construction of three temporary breasting lines (lengths of 245 feet, 500 feet, and 800 feet), and five temporary mooring anchors [radius' of 350 feet (1), and 450 feet (4)] in Pamlico Sound for securing work barges and vessels associated with the replacement of the Herbert C. Bonner Bridge over Oregon Inlet, all as depicted on the attached workplan drawings. NOTE: The specific development being permitted does not preclude the remainder of the B-2500 project being built in the Pamlico Sound provided that future development will be constructed in a way that avoids and minimizes impacts to AECs. (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 Chairman 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 Permit No. 106-12 Page 2 of 3 ADDITIONAL CONDITIONS 2) All work authorized by this permit shall be carried out in accordance with the following attached workplan drawings (7), except as modified herein: 3 dated received 2/3/16, 1 dated received 2/2/16, 2 dated 1/12/16, and 1 dated 1/25/16. 3) In accordance with commitments made by the permittee, barges shall not be moored within 300 feet of Island C. 4) In accordance with commitments made by the permittee, the installation of piles shall be accomplished by pile driving. Should the permittee and/or its contractor propose to utilize another type of pile installation, such as jetting, additional authorization from the N.C. Division of Coastal Management (DCM) shall be required. 5) The breasting lines and mooring anchors shall be removed in their entirety immediately after they are no longer needed. 6) No excavation shall occur within waters of the State, either by conventional methods or by prop wash "kicking" with boat propellors, without permit modification. 7) In accordance with commitments made by the permittee, barge and tug activity accessing the authorized breasting lines and mooring anchors shall remain within marked navigational channels or historically deep waters. 8) No sewage, whether treated or untreated, shall be discharged at any time from any vessels using the authorized facilities. Any sewage discharge at the authorized facilities shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 9) 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. 10) The permittee and/or his contractor shall provide for proper storage and handling of all oils, chemicals, etc., necessary to carry out the project. 11) This Major Modification shall not result in permanent impacts to wetlands or waters of the State, without permit modification. 12) 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. 13) The permittee and/or his contractor shall contact the DCM Transportation Project Field Representative in Elizabeth City at (252) 264-3901 to discuss the requirements of this Major Modification prior to project initiation. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 106-12 Page 3 of 3 14) This permit authorizes only the structures that are expressly and specifically set forth in the permit application, or depicted on the attached workplan drawings. No other structures, whether floating or stationary, may become a part of the facilities authorized by this Major Modification without additional authorization from DCM. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 15) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit for the life of the permitted structure. 16) The permittee shall make every attempt to maintain the same navigation that is currently possible in the project area of Pamlico Sound. 17) The permittee shall install and maintain, at his expense, any signal lights, signals, signage, or notifications prescribed by the U.S. Coast Guard, through regulations or otherwise, on the authorized structures. At a minimum, permanent reflectors shall be attached to the structures in order to make them more visible during hours of darkness or inclement weather. 18) The N.C. Division of Water Resources (DWR) authorized the proposed project on 2/26/16 (DWR Project No. 20160186) under General Water Quality Certification No. 3893. 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 33 (COE Action ID No. SAW-1993-03077), which was issued on 2/24/16. NOTE: This Major Modification does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. 19) This Major Modification shall be attached to the original of Permit No. 106-12, which was issued on 9/19/12, as well as all subsequent modifications, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 20) All conditions and stipulations of the active permit remain in force under this Major Modification unless specifically altered herein. 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.