20110427 Ver 1_Information Letter_20110815

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Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
40 ?_Z
ertutt
for
ILMROY2?
AUG 15 2011
DENR-WATERgUALI.a
WETLANDS AND STORMWATERBRANCls
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X-Excavaiion artW"Ur uiiillg pursuani to NCGS 113-/47
Issued to N.C. Department of Transportation, 1598 Mail Service Center, Raleigh, NC 27699-1598
Authorizing development in Tyrrell County at Northwest Fork of the Alligator River on
NC 94 as requested in the permittee's application dated 4/28/11 including the
attached workplan drawings (16) as described in Condition No. I below.
This permit, issued on 8/8/11 , 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-4647, Bridge Replacement
1) All work authorized by this permit shall be carried out in accordance with the following attached
workplan drawings, except as modified herein: 1 dated 10/5/09, 1 dated 10/6/09, 2 dated 1/31/11, 2
dated 3/8/11, 6 dated 3/10/11, 2 dated 3/30/11, and 2 dated 4/19/11.
2) In accordance with commitments made within the Categorical Exclusion document dated 8/26/08,
and in order to protect anadromous fisheries resources, no in-water work shall be conducted between
February 15 to June 30 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).
(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 136-44.713
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Permit Number
98-11
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James f Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
t
N.C. Department of Transportation Permit #98-11
Page 2 of 6
ADDITIONAL CONDITIONS
3) In accordance with commitments made within the Categorical Exclusion document dated 8/26/08, the
permittee shall implement the N.C. Department of Transportation's (NCDOT's) Stream Crossing
Guidelines for Anadromous Fish Passage, except as modified in Condition No. 2 of this permit.
4) Material excavated may be used in fill areas associated with the project or shall be removed from the site
and taken to a high ground location.
5) Ail excavated materiais shaii be confrned above uoruiai waier ievci aud'iaudwacd 01 rcguiariy w
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) Live concrete shall not be allowed to contact the water in or entering into the Northwest Fork of the
Alligator River, or the adjacent wetlands.
10) All fill material shall be obtained from an upland source, except for any that may be used at the on-site
wetland restoration area.
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 pier and boat access area
adjacent to the northeast end of the project.
12) The bridge shall be constructed using top down construction methodologies with an on-site detour by
using phased construction. Any other construction method may require additional authorization from
DCM.
13) Wetlands shall not be crossed in transporting equipment to the project site, without prior approval from
DCM.
14) Unless specifically altered herein, NCDOT's document "Best Management Practices for Construction
and Maintenance Activities" (August 2003) shall be followed.
15) 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.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #98-11
Page 3 of 6
16) The installation of the bridge piles 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.
17) 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.
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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, and 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.
18) In accordance with the permittee's Stormwater Management Plan dated 12/21/10, there shall be no
bridge deck drains over the Northwest Fork Alligator River.
19) 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.
20) Fill slopes in wetlands shall be 3:1 or steeper.
Utility Impacts
21) 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.,
22) Water and telephone lines shall be installed using open trench and directional bore drilling methods.
Entry and exit points of the directional bore drilling, including disposal of material from the drilling
activity, shall be outside of all wetlands and Waters of the State.
23) Authorized fill includes only that necessary to backfill or bed the utility line. Any excess material shall
be removed to an upland disposal area. Finished grades of wetland crossings shall be returned to pre-
project contours and elevations.
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.
N.C. Department of Transportation Permit 998-11
Page 4 of 6
ADDITIONAL CONDITIONS
NOTE: The permittee is advised to contact the Tyrrell County Water Department to determine precise
locations and coordinate that construction does not affect utility piping or services to customers.
Impacts to Wetlands and Waters of the State and Compensatory Mitigation
NOTE: This project will permanently impact approximately 0.49 acres of 404 wetlands due to fill. This
project will temporarily impact approximately 0.12 acres of Coastal Wetlands due to hand
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clearing and approximately 0.02 acres due to mechanized clearing). There will also be
approximately 0.02 acres of excavation in 404 wetlands for utility work within 404 wetland areas
that are also permitted for hand clearing.
24) There shall be no clearing of wetlands outside of the areas indicated on the attached workplan drawings
without prior approval from DCM.
25) Wetland areas to be temporarily impacted by hand clearing shall not be grubbed.
26) Except as specified by conditions of this permit, on-site mitigation shall be carried out as described in
the document titled "Wetland Restoration Plan, Bridge No. 6 over the Northwest Fork Alligator River
on NC 94, Tyrrell County" dated 4/5/11.
NOTE: The removal of existing causeway fill material should result in the restoration of approximately
0.52 acres of riverine swamp forest. Because this project will impact approximately 0.49 acres
of riverine swamp forest, there may be a net gain of up to 0.03 acres of riverine restoration
credits.
NOTE: This permit does not convey or imply approval of the suitability of the excess mitigation
generated by this project as compensatory wetland mitigation for any particular future projects.
The use of any portion of the excess mitigation generated by this project as compensatory
mitigation for future projects will be approved on a case-by-case basis. This includes
consistency with any relevant Coastal Area Management Act (CAMA) Land Use Plans, such as
the following policy in the 2008 Tyrrell County CAMA Land Use Plan, that was certified by the
N.C. Coastal Resources Commission (CRC) on 3/25/10: "Tyrrell County opposes the location of
US Army Corps of Engineers 404 wetland mitigation sites resulting from development outside of
Tyrrell County. This policy is intended to protect the tax base of the County."
27) The on-site mitigation shall be constructed prior to or concurrent with construction of this project.
Subsequent monitoring shall demonstrate that success criteria in the final approved mitigation plan has
been met prior to cessation of monitoring.
28) The on-site mitigation shall be protected in perpetuity in its restored state according to the approved
final mitigation plan and owned by the permittee or its approved designee. An appropriate conservation
easement, deed restriction or other appropriate instrument shall be attached to the title for the subject
property. Failure to adequately protect the on-site mitigation may result in further mitigation
requirements.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Permit #98-11
Page 5 of 6
29) Turbidity curtains shall be used at all times to isolate all work areas from the adjacent waters of the
Northwest Fork of the Alligator River, including pile installation, pile removal, placement of riprap and
fill material and wetland restoration. 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
' -curtalfis shall-tie pfupefiy iuainiaiiieu aiidreiaiiieu'iii uhe waief until CoiisiwUiotil5 cuiiipieie aiid slmil
only be removed when turbidity within the curtains reaches ambient levels.
30) In accordance with commitments made within the Categorical Exclusion document dated 8/26/08,
sedimentation and erosion control measures shall be implemented in accordance with the Design
Standards in Sensitive Watersheds.
31) 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.).
32) 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.
33) The permittee shall follow "Best Management Practices for the Protection of Surface Waters".
34) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
Stormwater Management
35) The N.C. Division of Water Quality (DWQ) confirmed in a letter dated 11/4/09 (SW7090917) that the
subject project is excluded from State Stormwater permitting requirements as set forth in Section 2(d)(1)
of Session Law 2008-211, effective October 1, 2008, and the stormwater rules under Title 15A NCAC
2H .1 000, as amended.
General
36) 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.
37) During bridge construction, the permittee shall make every attempt to maintain the same navigation that
is currently possible in the Northwest Fork of the Alligator River, upstream and downstream of the
existing bridge.
38) 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.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit 998-11
Page 6 of 6
39) If it is determined that additional permanent and/or temporary impacts (such as but not limited to
temporary access roads, detours, or matting to transport equipment across wetlands) 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 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.
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Coast Guard, through regulation or otherwise, on the authorized facilities.
41) Development authorized by this permit shall only be conducted on lands owned by the NCDOT and/or
its Right-of-Ways and/or easements.
42) The permittee and/or its contractor shall contact the DCM Transportation Field Representative in
Morehead City at [phone] ext. 208 to request a preconstruction conference prior to project
initiation.
43) The N.C. Division of. Water Quality (DWQ) authorized the proposed project on 7/1/11 (DWQ Project
No. 20110427) under General Water Quality Certification No. 3820. Any violation of the Certification
approved by DWQ shall be considered a violation of this CAMA permit.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ID No. SAW-
2005-11639.
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required.