20110462 Ver 1_Information Letter_20110815

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Permit Class
NEW
STATE OF NORTH CAROLINA

Permit Number t
90-11
Department of Environment and Natural Resources
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Coastal Resources Commission U
AUG 1 5 2011
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Prl 6 UENR• WATER WCR
for WEn WUSAND STORMYIATER BRANCH
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, 1598 Mail Service Center, Raleigh, NC 27699-1598
Authorizing development in Currituck County at Tulls Creek, Bridge #3 on SR 1232
, as requested in the permittee's application dated 5/12/11, including the
attached workplan drawings (10): 3 dated as received 5/16/11, 1 dated 12/16/10, and 6 dated 1/12/11.
This permit, issued on 7/19/11 , 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-4494, Bridge Replacement
1) In order to protect anadromous fisheries resources, no in-water work shall be conducted between
February 15 to June 15 of any year without prior approval of the N.C. Division of Coastal
Management (DCM), in consultation with the N.C. Wildlife Resources Commission (WRC). For the
purposes of this moratorium, in-water is defined as those areas within Tulls Creek and its adjacent
wetlands that have an active connection to Tulls Creek during periods of inundation.
2) The permittee did not propose the use of deck drains in the permit application package. Any future
proposal to utilize deck drains shall require additional authorization from DCM.
3) The bridge shall be constructed using top down construction methodologies with an off site 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. 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
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 DENR and the
Chairman of the Coastal Resources Commission.
i
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #90-11
Page 2 of 6
4) In accordance with commitments made by the permittee, the following United States Fish and Wildlife
Service document shall be followed: "Guidelines for Avoiding Impacts to the West Indian Manatee:
Precautionary Measures for Construction Activities in North Carolina".
5) 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.
6) The temporary placement and double handling of any excavated or fill material within waters or
vegetated wetlands is not authorized.
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) All fill material shall be obtained from an upland source.
10) Live concrete shall not be allowed to contact the water in or entering into Tulls Creek, or the adjacent
wetlands.
11) Construction staging areas shall be located only in upland areas, and not in wetlands or Waters of the
State. Construction staging areas shall also not prevent public usage of the boat ramp adjacent to the
north end of the project.
12) Wetlands shall not be crossed in transporting equipment to the project site, without prior approval from
DCM.
13) Unless specifically altered herein, NCDOT's document "Best Management Practices for Construction
and Maintenance Activities" (August 2003) shall be followed during bridge removal and bridge
construction procedures.
14) 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.
15) The installation of the piles for the 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.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #90-11
Page 3 of 6
16) All materials and debris associated with the removal and/or construction of the existing and/or new
bridge, existing and/or new causeway, other existing structures within the Right-of-Way as authorized
by the permit and associated materials shall not enter wetlands or Waters of the State, even temporarily.
Any such material 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.
NOTE: The bridge demolition debris may be suitable for use as artificial reef material. The permittee is
encouraged to contact the Artificial Reef Coordinator at the N.C. Division of Marine Fisheries
Morehead City Office at [phone] to coordinate review of the suitability of the material
and arrangements for such use.
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.
18) Filter fabric shall be in place prior to the placement of any riprap.
Utility Impacts
NOTE: This bridge replacement project will also require the removal of existing telephone poles, the
abandonment of existing underground telephone lines, and the installation of new underground
telephone cables.
19) 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 the N.C.
Division of Coastal Management, either under the authority of this permit, or by the utility company
obtaining separate authorization.
20) Subaqueous lines shall be placed a minimum of two feet below the bottom contour.
21) Telephone cables 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.
NOTE: Plans and specifications for the relocation and/or replacement of water mains must be submitted
to the N.C. Division of Environmental Health Public Water Supply Plan Review Section for
approval prior to construction. Final approval must be issued before water lines are placed into
service.
NOTE: The permittee is advised to contact the Cutrituck County Water Department to determine precise
locations and coordinate that construction does not affect utility piping or services to customers.
N.C. Department of Transportation Permit 490-11
Page 4 of 6
ADDITIONAL CONDITIONS
Impacts to Wetlands and Waters of the State and Compensatory Mitigation
NOTE: This project will permanently impact approximately 0.06 acres of Coastal Wetlands and
approximately 0.02 acres of 404 wetlands due to fill. This project will temporarily impact
approximately 0.01 acres of 404 wetlands due excavation. This project will temporarily impact
approximately 0.09 acres of Coastal Wetlands and approximately 0.01 acres of 404 wetlands due
to hand clearing. This project will permanently impact approximately 0.22 acres of surface
waters.
22) Fill slopes in wetlands shall be 3:1 or steeper.
23) There shall be no clearing of wetlands outside of the areas indicated on the attached workplan drawings
without prior approval from DCM.
24) Wetland areas to be temporarily impacted by clearing shall not be grubbed.
25) The areas of existing causeway fill material to be excavated underneath the new bridge shall be graded
to the approximate elevation of the adjacent natural wetlands.
NOTE: In accordance with the Ecosystem Enhancement Program (EEP) letter dated 5/12/11,
compensatory mitigation for permanent impacts of 0.06 acres of coastal marsh associated with
the authorized project shall be provided by the EEP in accordance with the EEP In-Lieu Fee
Instrument dated 7/28/10.
26) Due to the possibility that 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. Within three years after project
completion, the permittee shall hold an agency field meeting with the N.C. Division of Coastal
Management (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.
Sedimentation and Erosion Control
27) Turbidity curtains shall be used at all times to isolate all work areas from the adjacent waters of Tulls
Creek, including pile installation, pile removal, placement of riprap and fill material. The turbidity
curtains shall be of sufficient length and effectiveness to prevent a visible increase in the amount of
suspended sediments in adjacent waters. The turbidity curtains shall encircle the immediate work area,
but, 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.
N.C. Department of Transportation Permit 890-11
Page 5 of 6
ADDITIONAL CONDITIONS
28) 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.).
29) 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.
30) The permittee shall follow "Best Management Practices for the Protection of Surface Waters".
31) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
32) The cut or filled slopes shall be at an angle that can be retained by vegetative or other appropriate cover.
General
33) 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.
34) During bridge construction, the permittee shall make every attempt to maintain the same navigation that
is currently possible in Tulls Creek, upstream and downstream of the existing bridge.
35) 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.
36) If it is detennined 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 the N.C. Division of Coastal Management (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.
37) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities.
38) Development authorized by this permit shall only be conducted on lands owned by the N.C. Department
of Transportation and/or its Right-of-Ways and/or easements.
39) The permittee and/or its contractor shall contact the DCM Transportation Field Representative in
Morehead City at [phone] to request a preconstruction conference prior to project initiation.
40) The N.C. Division of Water.Quality (DWQ) authorized the proposed project on 7/7/11 (DWQ Project
No. 20110462) under General Water Quality Certification No. 3820. Any violation of the Certification
approved by DWQ shall be considered a violation of this CAMA permit.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #90-I1
Page 6 of 6
41) This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that
may be required. This includes approval, if required, from the N.C. Division of Water Quality under
stormwater management rules of the Environmental Management Commission.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Regional Permit
Number 198200031 (COE Action ID No. SAW-2008-00600), which was issued on 6/28/2011.