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HomeMy WebLinkAbout20140139 Ver 1_DCM Permit_20140509Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermit 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 43 -14 Issued to N.C. Department of Transportation, 113 Airport Road Suite 100 Edenton NC 27932 Authorizing development in Dare County at Stumpy Point Canal, Bridge No. 13 on US 264 , as requested in the permittee's application dated 2/12/14 (MP -1) & 4/10/14 (MP -2, MP -5), including the attached workplan drawings (4): 1 dated 1114114, 1 dated l /9 /14, 1 dated 10/14113, & 1 dated received 2/20114. This permit, issued on 518114 , 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. Bridge Replacement with Service Road Relocation 1) Nothing in this permit authorizes any activity that has not received approval from the U.S. Fish and Wildlife Service (USFWS) for work within the Alligator River National Wildlife Refuge. 2) The bridge shall be constructed using staged construction. Any other construction method may require additional authorization from DCM. 3) All construction access shall be through the use of the existing bridge, partially constructed new bridge, and existing high ground areas. 4) Live concrete shall not be allowed to contact waters of the State, or water that will enter waters of the State, or the adjacent wetlands. (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 December 31, 2017 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. 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 #43 -14 Page 2 of 4 ADDITIONAL CONDITIONS 5) Material excavated from the project site may be used in fill areas associated with the project or shall be removed from the site and taken to a high ground location. 6) 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. 7) The temporary placement and double handling of any excavated or fill material within waters or vegetated wetlands is not authorized. 8) 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. 9) All fill material shall be clean and free of any pollutants except in trace quantities. 10) In accordance with the permittee's application, wetlands shall not be crossed in transporting equipment to the project site without prior approval from the N.C. Division of Coastal Management (DCM). 11) 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 or component breaks during removal and cannot be removed in its entirety, the bridge piling or 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. 12) The installation and/or removal of the sheet pile and 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. 13) All reasonable efforts shall be made to contain all materials and/or debris associated with the removal and/or construction of the existing and/or new bridge and related structures, other existing structures within the Right -of -Way as authorized by the permit, and associated materials. The intent is that materials and/or debris 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. 14) In accordance with commitments made by the permittee, there shall not be any deck drains discharging directly from the bridge deck into surface waters of Stumpy Point Canal. 15) 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 be of sufficient size to prevent its movement from the authorized alignment by current action. The riprap material shall consist of clean rock or masonry materials, such as but not limited to, granite, marl, or broken concrete. 16) Wetland areas to be temporarily impacted by hand clearing shall not be grubbed. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #43 -14 Page 3 of 4 17) There shall be no clearing of wetlands outside of the areas indicated on the attached workplan drawings without prior approval of DCM. 18) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State. NOTE: The permittee plans to stabilize the bases of the bridge with 116 linear feet of steel sheet pile which will tie into the existing bulkhead on the north side of the bridge, and will tie into the stream bank and road fill on the south end of the bridge. The sheet pile will be placed in line with or landward of existing shoreline stabilization structures. Utility Impacts NOTE: The construction of the new bridge will also require the relocation of a water, sewer and fiber optic cable utility lines. The permittee has received a CAMA General permit ( #63533) from DCM to relocate the utility lines adjacent to the project. 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 DCM, either under the authority of this permit, or by the utility company obtaining separate authorization. NOTE: Engineers and contractors should be aware of utility locations within the project area. Please contact the local water utility to assist with the location of existing water mains in or near the project area. Sedimentation and Erosion Control 20) In accordance with the permittee's application, turbidity curtains shall be installed along the canal banks at the bridge abutments. 21) 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. General NOTE: This project will permanently impact approximately 3,735 square feet of 404 wetlands due to fill, and will temporarily impact approximately 209 square feet of 404 wetlands due to hand clearing. This project will permanently impact approximately 32 square feet of Coastal Wetlands due to fill, and will impact approximately 177 square feet of Coastal Wetlands due to hand clearing. This project will permanently impact approximately 288 square feet of surface waters due to fill, and will permanently impact approximately 595 square feet of additional surface waters due to shading. N.C. Department of Transportation Permit #43 -14 Page 4 of 4 ADDITIONAL CONDITIONS 22) During bridge construction, the permittee shall make every attempt to maintain the same navigation that is currently possible in Stumpy Point Canal, upstream and downstream of the existing bridge. 23) 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. 24) 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 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. 25) 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. 26) 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. 27) The permittee and/or his contractor shall contact the DCM Transportation Project Field Representative to request a preconstruction conference prior to project initiation. 28) The N.C. Division of Water Resources (DWR) authorized the proposed project under General Water Quality Certification No. 3883 which was issued on 2 /10 /14 (DWR Project No. 14- 0139). 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 3 (COE Action ID No. SAW - 2014 - 00400), which was issued on 3/6/14. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required.