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HomeMy WebLinkAboutBR-0160, Bridge No. 15 over the Calabash River, CAMA Permit 28-23Permit Class NEW Permit Number 28-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission i3ert"it 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. De artment of Transportation, 1581 Mail Service Center Raleigh, NC 27699-1581 Authorizing development in Brunswick County at Calabash River. Bridge No. 15 on NC 179 Beach , as requested in the permittee's application dated l 01] 7/72 (MP-1) & 11 /2]/?2 . MP-2 and MP-5 . including the attached workplan drawings 36 : 19 dated 10/17/22 and.] 7 dated 11/10/21. This permit, issued on FebruarV 202023 , 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. BR-0164 grid a Rep lacem cut 1) In order to protect fisheries resources, no in -water work shall be conducted between April 1 to September 30 of any year without prior approval of the N.C. Division of Coastal Management (DCM), in consultation with the appropriate resource agencies. 2) In order to protect the endangered West Indian Manatee, Trichechus manatus, the permittee shall implement the U.S. Fish and Wildlife Service (USFWS) Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://w-%vvw.fws. Qg v/nc- e s/m am mal/manatee_g ui deli ne s. pd f_ (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 Res s 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 ADDITIONAL CONDITIONS Permit No. 28-23 Page 2 of 7 3) In accordance with commitments made by the permittee, surveys for the presence of wood .storks and their foraging and nesting habitat shall be conducted during the reproductive season of April 15-July 15. If a survey determines that a project is within "line -of -sight" of nests, roosts, or foraging congregations (> 5 wood storks), the permittee shall consult with USFWS, and. The permittee shall consult with the USFWS prior to the reproductive season, and shall conduct surveys in accordance with USFWS recommendations. 4) The new permanent bridge shall be constructed using top down construction with an offsite detour. Any other construction method may require additional authorization from DCM. 5) All construction and demolition access shall be through the use of the existing bridge, the existing causeway, partially constructed new bridge, barges, and existing high ground areas. 6) Barges shall be utilized only in areas of sufficient depth such that the barges avoid contact with the bottom and do not rest on the bottom during periods of low tide. 7) Caution shall be utilized during placement and removal of any barges to ensure that impacts to shallow water bottom habitat and shell bottom are avoided and minimized to the maximum extent practicable. 8) The installation and removal of piles for the new bridge and the existing 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. 9) Uncured concrete shall not be allowed to contact waters of the State or water that will enter waters of the State. 10) Pilings from the existing bridge, as well as any remnant pilings from previous bridges, shall be removed in their entirety, except that if 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. 11) The existing bridge, including piles, and causeway shall be removed in their entirety within 90 days after they are no longer needed. However, if this timeframe occurs while the moratorium referenced in Condition No. 1 of this permit is in effect, then the existing bridge, including piles, and causeway shall be removed in their entirety within 90 days of the moratorium end date. Deviation from this condition shall require additional authorization from DCM, in consultation with the appropriate resource agencies. 12) 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. 13) All fill material shall be clean and free of any pollutants except in trace quantities. 14) Material excavated at the project site may be used in fill areas associated with the project once properly dewatered or shall be removed from the site and taken to a high ground location. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 28-23 Page 3 of 7 15) All excavated materials shall be confined above normal high water 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. 16) The temporary placement and double handling of any excavated or fill material within wetlands or waters of the State is not authorized. 17) The placement of riprap/rock plating shall be limited to the areas as depicted on the attached workplan drawings. The riprap/rock plating material shall be clean and free from loose dirt or any pollutant except in trace quantities. The riprap/rock plating material shall consist of clean rock or masonry materials, such as but not limited to, granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 18) All reasonable efforts shall be made to contain all debris and excess materials associated with removal of the existing bridge and construction of the new bridge, with the intent that materials/debris do not enter wetlands or waters of the State, even temporarily. 19) Any waste materials or debris generated in the demolition and removal of the existing bridge and/or construction of the new bridge and roadway, shall be disposed of at an approved upland site or shall be recycled in an environmentally appropriate manner provided appropriate authorizations are obtained from any relevant state, federal, or local authorities. 20) The demolition plan for removal of the existing bridge structure shall be submitted to DCM for review and approval prior to commencement of the demolition activities. 21) Any voids in Coastal Wetlands or shallow bottom habitat caused by the removal of the existing bridges shall be restored to the elevation of the pre-existing conditions with suitable material. The permittee shall notify the DCM Transportation Field Representative in Morehead City to provide DCM with an opportunity to inspect the material for suitability prior to backfilling. 22) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State. Impacts to Wetlands and Waters of the State NOTE: This project will permanently impact approximately 11,256 square feet (0.258 acres) of Coastal Wetlands (9,745 square feet due to excavation for the coastal wetland restoration, 392 square feet due to excavation for the channel change, and 1,119 square feet due to riprap/rock plating fill for bridge end bents). This project will permanently impact approximately 1,169 square feet of 404 Wetlands (585 square feet due to fill and 584 square feet due to mechanized clearing). This project will temporarily impact approximately 4,260 square feet of Coastal Wetlands due to hand clearing and will temporarily impact approximately 60 square feet of 404 Wetlands due to hand clearing. This project will permanently impact approximately 950 square feet of surface waters due to riprap fill. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 28-23 Page 4 of 7 23) There shall be no clearing of wetlands outside of the areas indicated on the attached workplan drawings without prior approval from DCM. Wetland areas to be temporarily impacted by hand clearing shall not be grubbed. Hand clearing in Coastal Wetlands shall be reduced to the maximum extent practicable. 24) Construction mats shall be utilized to support equipment within wetland areas to minimize temporary wetland impacts. These mats shall be removed immediately following project completion. 25) The permittee shall minimize the need to cross wetlands in transporting equipment to the maximum extent practicable. 26) Upon completion of construction, the permittee shall schedule a meeting with DCM to verify the extent and location of temporary impacts. 27) Due to the possibility that excavation, 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. The permittee shall schedule a meeting with DCM to verify the extent and location of temporary impacts upon project completion. Within three years after project completion, the permittee shall hold another agency field meeting with 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. On site Coastal Wetland Mitigation 28) Unless specifically altered herein, in accordance with commitments made by the permittee, and in order to mitigate for the anticipated wetland impacts associated with the project, on -site mitigation to restore approximately 0.4 acres of existing high ground area to Coastal Wetlands shall be carried out as described in the document titled: "Onsite Wetland Restoration Plan at Bridge No. 15 over the Calabash River on NC 179 Brunswick County", dated 10/12/22, and also the email from the permittee dated 2/16/23. Any subsequent changes to the mitigation plan authorized by this CAMA permit shall require additional DCM authorization. 29) The wetland restoration area shall be fully contained by silt fence and/or turbidity curtain until all of the unsuitable fill material has been removed and the restoration area has been restored to the approximate natural elevation of the adjacent, similar, and undisturbed wetlands and stabilized with appropriate coastal wetland vegetation. 30) An as -built survey report for the mitigation site shall be submitted to DCM within 90 days after the mitigation site has been constructed. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 28-23 Page 5 of 7 31) Annual monitoring reports for the mitigation site shall be provided to DCM for a minimum of three years after mitigation site construction, or until mitigation success criteria are met. Annual monitoring reports shall include photographs and an assessment of whether the site is achieving success. Progress reports shall also be provided upon request. Monitoring may cease if the permittee can demonstrate that the site has been successfully restored by achieving success criteria and written concurrence is received from DCM. The vegetation component of the onsite Coastal Wetland mitigation shall be considered successful when the target wetland herbaceous species survives and has an average of 75 percent vegetative cover, not including any invasive species. 32) Additional mitigation or other remedial actions may be required for permanent impacts to Coastal Wetlands if the mitigation site fails to meet its mitigation success criteria within 5 years of its construction. NOTE: Approximately 0.3 acres of the 0.4 acres of onsite Coastal Wetland mitigation will be under the new bridge, and will therefore not require vegetation planting and monitoring. 33) The mitigation site 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. Failure to adequately protect the mitigation site may result in further mitigation requirements. 34) In accordance with commitments made by the permittee, the onsite Coastal Wetland mitigation shall not generate any excess mitigation credits for use on future projects. Utility Impacts NOTE: Construction of the new bridge will also require relocation of utilities. 35) The authorized utility relocations shall not result in any permanent or temporary impacts to wetlands or waters of the State, without permit modification. 36) 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. 37) When directional boring or horizontal directional drilling under wetlands or waters of the State, the permittee shall closely monitor the project for hydraulic fracturing or "fracking" and material from the drilling operation leaching to the surface and into jurisdictional areas. Any discharge from fracking or leaching into wetlands or waters of the State shall be reported to the DCM Transportation Field Representative in Morehead City within 24 hours of discovery. Restoration and/or mitigation may be required as a result of any unintended discharges. 38) Any waterline relocation or other alterations to the water system shall be approved by the Public Water Supply Section (PWS Section, Plan Review Unit, 1634 Mail Service Center, Raleigh, NC 27699-1634) prior to water system alteration. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 28-23 Page 6 of 7 NOTE: Please be aware of separation requirements for water/sewer according to 15A NCAC 18C Section .0906 Rules Governing Public Water Systems. Check with the local water system for cross -connection requirements for this project. Public Water Supply Section guidelines are listed in Appendix B, Figure 2 in the Rules Governing Public Water Systems but the water system may have additional requirements. Contact the N.C. Division of Water Resources, Public Water Supply Plan Review Section at (910) 796-7215 with any questions. Sedimentation and Erosion Control 39) Turbidity curtains shall be used to isolate all in -water work areas from the adjacent waters of Calabash River, including but not limited to the existing bridge removal, existing causeway removal, pile installation, pile removal, and placement of riprap/rock plating within or adjacent to surface waters. The turbidity curtains shall encircle the immediate work area, however, they 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. 40) 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. 41) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. General 42) During bridge construction and removal of the existing bridge, the permittee shall make every attempt to maintain the same navigation that is currently possible in the Calabash River, upstream and downstream of the existing bridge. If this is not possible, then adequate notice shall be provided to the public that navigation will be limited during construction. The notice shall include an estimate of the amount of time that the limited navigation will occur. 43) 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. 44) 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, additional authorization from DCM may be required. In addition, any changes in the approved plan may also require 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. 45) Development authorized by this permit shall only be conducted on lands owned by NCDOT, appropriate utility entities, and/or their Right -of -Ways and/or easements and/or similar legal instruments. N.C. Department of Transportation Permit No. 28-23 Page 7 of 7 ADDITIONAL CONDITIONS 46) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in Morehead City at (252) 515-5408 to request a preconstruction conference prior to project initiation. 47) The permittee shall install and maintain at its expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 48) The N.C. Division of Water Resources (DWR) authorized the proposed project on 11/8/22 (DWR Project No. 20211320) under General Water Quality Certification No. 4135. 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 General Permit Number 50 (COE Action ID No. SAW-2021-00593), Nationwide Permit 57 and Nationwide Permit 58 which were issued on 11/17/22. NOTE: This project shall be constructed in accordance with the permittee's Stormwater Management Plan dated 8/7/19, and the provisions of the NCDOT's National Pollutant Discharge Elimination (NPDES) Stormwater Permit NCS000250, including the application requirements of the NCG01000. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. 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.