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HomeMy WebLinkAboutBridge No. 7, 132-04, Minor Modification August 2021Permit Class l�'IODIFICATI /MINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,Permit for XL 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 132-04 Issued to NCDOT Division One, 113 Airport Drive, Suite 100, Edenton, NC 27932 Authorizing development in Currituck County at Corey's Ditch. Bridge No. 7 on NC 615 (.Marsh Causeway) , as requested in the permittee's application letter date , including the attached workl2lan drawings 8.:.2 dated as received 7/2/21. 5 dated 2/12/21 • and 1 dated 5/11/21. This permit, issued on 8/12/21 , 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. 1) Unless specifically altered herein, this Minor Modification authorizes the following: placement of geosynthetic aggregate bags around the piles of Bent 2 to prevent further scour; installation of four 24" steel pipe piles to position the bags around the bent and to anchor the bags in place; and relocation of the existing power line and telecommunication lines with a single directional bore, all as depicted on the attached workplan drawings. 2) In accordance with commitments made by the permittee, no in -water work shall be conducted from March 31St to September 30t" 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) and the N.C. Division of Marine Fisheries (DMF). 3) No vegetated wetlands or waters of the State shall be excavated, without permit modification. (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 Chair of the Coastal Re urces Commission. Ile - 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 #132-04 Page 2 of 4 ADDITIONAL CONDITIONS 4) Nothing in this permit authorizes any activity that has not received approval, if required, from the U.S. Fish and Wildlife Service (USFWS) for work within the Mackay Island National Wildlife Refuge. 5) In order to protect the endangered West Indian Manatee, Trichechus manatus, the applicant shall implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htts://ww-r.fws.�ov/ralei li/ dfs/ManateeGuidclines2Ol7. df 6) The placement of geosynthetic aggregate bags shall be limited to the areas as indicated on the attached workplan drawings. The material shall be clean and free from loose dirt or any pollutant except in trace quantities. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 7) If it is determined that the geosynthetic aggregate bags become dislodged from the approved alignment at any point in the future, the permittee shall immediately contact DCM to determine the appropriate course of action. NOTE: This project will permanently impact approximately 1,425 sq. ft. of open water due to fill within Corey's Ditch. 8) No fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill areas as indicated on the attached workplan drawings, without permit modification. 9) The temporary placement and/or double handling of any material within waters or vegetated wetlands is not authorized. This condition also applies to the removal of the existing utility poles. 10) The installation of the pipe 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, additional authorization from DCM shall be required. 11) In accordance with commitments made by the permittee, the four 24" pipe piles shall remain in place to be cut at an elevation no higher than — 31 feet below normal water level. 12) All construction access shall be through the existing bridge and existing high ground areas. 13) The permittee and/or his contractor shall provide for proper storage and handling of all oils, chemicals, etc., necessary to carry out the project. 14) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State. 15) 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. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #132-04 Page 3 of 4 16) In accordance with the workplan drawings, the subaqueous directional bore for utility lines shall be placed a minimum of six feet below the bottom contour at the time of installation. 17) The authorized utility work shall not result in any permanent or temporary impacts to wetlands or waters of the State, without permit modification. 18) 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. 19) 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.). 20) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 21) The permittee shall exercise all available precautions in the day-to-day operation of the facility to prevent waste from entering the adjacent wetlands or waters of the State, even temporarily. 22) If it is determined that additional permanent and/or temporary impacts are necessary that are not shown on the attached workplan drawing 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. 23) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in Elizabeth City at (252) 264-3901 to request a preconstruction conference prior to project initiation. 24) No attempt shall be made by the permittee to prevent use by the public of all navigable waters at or adjacent to the authorized work following completion of construction. 25) Development authorized by this permit shall only be conducted on lands owned by the N.C. Department of Transportation (NCDOT), appropriate utility entities, and/or their Right -of -Ways and/or easements and/or on USFWS lands with USFWS authorization. 26) This Minor Modification does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. 27) This Minor Modification shall be attached to the original of Permit No. 132-04, which was issued on 9/3/04, as well as the Letter of Refinement issued on 3/28/06, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 28) All conditions and stipulations of the active permit remain in force under this Minor Modification unless altered herein. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #132-04 Page 4 of 4 29) The N.C. Division of Water Resources (DWR) authorized the proposed project (DWR Project No. 20211067) under General Water Quality Certification Nos. 4132 and 4275. 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 and Nationwide Permit Number 57 (SAW-1999-10718), which was issued on 8/10/21. NOTE: A minor modification application processing fee of $100 was received by DCM for this project.