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HomeMy WebLinkAboutB-5156, Bridge No. 28 over Long Creek on NC 210, CAMA Permit 74-23Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermtt 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 74-23 Issued to N.C. Department of Transportation, 1598 Mail Service Center Raleigh, NC 27699-1598 Authorizing development in Pender County at Lone Creek. Bridge No. 28 on NC 210 as requested in the permittee's application dated 2/20/23. including the attached workl2lan drawings 35 as referenced in fondition No. 1 of this permit. This permit, issued on June 30, 2023 , 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-5156 Re lacement of Bridge No. 28 1) Unless specifically altered herein, all work authorized by this permit shall be carried out in accordance with the following attached workplan drawings: Wetland and Surface Water Impacts 7 sheets . dated as received 2/23/23. Utility drawings (6 sheets) dated as received 2/23/23. Roadway desi n drawings 22 sheets): 20 dated 8/23/19; 1 dated 8/28/19; and 1 dated 4/19/16. 2) In order to protect fisheries resources in Long Creek, and due to the classification of Long Creek as an Anadromous Fish Spawning Area, no in -water work shall be conducted between February 15 through June 30 of any year without prior approval of the N.C. Division of Coastal Management (DCM), in consultation with the appropriate resource agencies. (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 136-44.711 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 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 No. 74-23 Page 2 of 6 ADDITIONAL CONDITIONS 3) In order to satisfy concerns of the resource agencies, the permittee shall implement the N.C. Department of Transportation's (NCDOT's) Stream Crossing Guidelines for Anadromous Fish Passage. 4) In accordance with commitments made by the permittee, bridge deck drains shall not be located over the open waters of Long Creek and shall not cause erosion of adjacent wetlands. 5) The installation and removal of the piles for the new bridge, existing bridge and temporary work 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. 6) All construction and demolition access shall be through the use of the existing bridge, temporary work bridge, the partially constructed new bridge, barges, and/or existing high ground areas. 7) The existing bridge, including piles and bridge abutments, and the temporary work bridge, as well as any remnant structures from previous bridges, shall be removed in their entirety within 90 days after they are no longer needed, or within 30 days of written notification from DCM, whichever comes first. However, if this timeframe occurs while the moratorium referenced in Condition No. 2 of this permit is in effect, then the existing bridge, including piles, and the temporary work bridge 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 appropriate resource agencies. 8) In the event that a piling or other component breaks during removal and cannot be removed in its entirety, the piling or other 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. 9) 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. 10) 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. 11) All fill material shall be clean and free of any pollutants except in trace quantities. 12) 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. 13) 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. 14) The temporary placement and/or double handling of any excavated or fill material within wetlands or waters of the State is not authorized. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 74-23 Page 3 of 6 15) Construction mats shall be utilized to support equipment within wetland areas to minimize temporary wetland impacts. The mats shall be removed immediately when they are no longer necessary. 16) The permittee shall minimize the need to cross wetlands in transporting equipment to the maximum extent practicable. 17) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State. 18) The placement of riprap and rock plating shall be limited to the areas as depicted on the attached workplan drawings. The riprap material and rock plating shall consist of clean rock or masonry materials, such as but not limited to, granite, marl, or broken concrete without exposed rebar, and it 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 action. If the riprap and/or rock plating becomes dislodged from the approved alignment at any point in the future, the permittee shall immediately contact DCM to determine the appropriate course of action. 19) Uncured concrete or water that has been in contact with uncured concrete shall not be allowed to contact waters of the State or water that will enter waters of the State. 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) All reasonable efforts shall be made to contain all debris and excess materials associated with the authorized activities, with the intent that materials/debris do not enter wetlands or waters of the State, even temporarily. Any waste materials or debris generated in the authorized activities, 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. Imipacts to Wetlands and Waters of the State and Compensatory Mitigation NOTE: This project will permanently impact approximately 0.93 acres of Riparian 404 Wetlands (0.69 acres due to permanent fill, 0.04 acres due to excavation, and 0.2 acres due to mechanized clearing. This project will temporarily impact approximately 0.35 acres of Riparian 404 Wetlands due to hand clearing (0.25 acres due to bridge construction and 0.10 acres due to utility relocation). This project will temporarily impact approximately 305 square feet of surface waters. NOTE: In accordance with the N.C. Division of Mitigation Services (DMS) letter dated 2/21/23, compensatory mitigation for permanent impacts of 0.93 acres of riparian wetlands associated with the authorized project shall be provided by the DMS in accordance with the DMS In -Lieu Fee Instrument dated 7/28/10. N.C. Department of Transportation Permit No. 74-23 Page 4 of 6 ADDITIONAL CONDITIONS 22) Wetland areas to be temporarily impacted by hand clearing shall not be grubbed. There shall be no clearing of wetlands outside of the areas indicated for impacts on the attached workplan drawings without prior approval from DCM. 23) Any voids in wetlands or shallow bottom habitat caused by the removal of the temporary work bridge shall be restored to the elevation of pre-existing conditions with suitable material. The permittee shall notify DCM's Transportation Field Representative in Morehead City to provide DCM with an opportunity to inspect the material for suitability prior to backfilling. 24) In accordance with commitments made by the permittee, the existing roadway embankment shall be excavated to reestablish the floodplain of Long Creek. NOTE: To the maximum extent practicable, the permittee is strongly encouraged to restore the existing roadway embankment to riparian forested wetlands by excavating down to match the elevations of adjacent, similar undisturbed wetlands, and reducing soil compaction within the area by disking, undercutting and backfilling with suitable organic materials or similar procedures, followed by planting appropriate native riparian forested wetland vegetation. Utility Impacts NOTE: Construction of the new bridge will also require relocation of aerial telecommunications utilities. Impacts resulting from these utility relocations have been included in the overall impacts for this project. 25) 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: If the permittee plans to conduct any work (re -location, installation, extend utilities, etc.) involving the public water supply system per Title 15A Subchapter 18C Section .0301 Rules Governing Public Water Systems, plans and specifications should be submitted and approved by the N.C. Division of Water Resources Public Water Supply Section for all new waterlines prior to construction beginning. Please also be aware of separation requirements in regards to 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. N.C. Department of Transportation ADDITIONAL CONDITIONS Sedimentation and Erosion Control Permit No. 74-23 Page 5 of 6 26) 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. 27) Turbidity curtains shall be used to isolate all in -water work areas from the adjacent waters of Long Creek, including but not limited to pile installation, pile removal, and removal of remnant structures from previous bridges. The turbidity curtains shall not impede navigation, and 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 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. 28) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. General 29) During construction and/or demolition of the existing bridge and temporary work bridge, the permittee shall make every attempt to allow the same navigation that is currently possible in Long Creek, upstream and downstream of the existing bridge. 30) 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. 31) The permittee shall exercise all available precautions during construction, operation, and maintenance of the bridge and adjacent roadway to prevent waste from entering the adjacent waters and wetlands. 32) Development authorized by this permit shall only be conducted on lands owned by NCDOT and/or its right-of-ways and/or easements. Utility Work associated with this project shall only be conducted on lands owned by the utility and/or its right-of-ways and/or easements. 33) 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, 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. 34) 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. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 74-23 Page 6 of 6 35) 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. 36) The N.C. Division of Water Resources (DWR) authorized the proposed project on 3/10/23 (DWR Project No. 20211530) under General Water Quality Certification No. 4135. Any violation of the Certification issued by DWR shall be considered a violation of this CAMA permit. NOTE: This project shall be constructed in accordance with the permittee's Stormwater Management Plan dated 12/9/21, and the provisions of the NCDOT's National Pollutant Discharge Elimination (NPDES) Stormwater Permit NCS000250, including the application requirements of the NCGO1000. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required, including but not limited to a U.S. Coast Guard Permit if required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Regional General Permit Number 50 (COE Action ID No. SAW-2015-00992), which was issued on 5/9/23. 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.