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HomeMy WebLinkAboutHB-0001, Lindsay C. Warren Bridge (Tyrrell County Bridge No. 7 on US 64 permit, 136-23Permit Class NEW Permit Number 136-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit 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. Department of Transportation, 1598 Mail Service Center, Raleigh, NC 27699-1598 Authorizing development in Tyrrell/Dare County at Alligator River/AIWW, Lindsay C. Warren Bridge on US 64, as requested in the permittee's application dated 6/27/23, including the attached workplan drawings (98): as referenced in Condition No. 1 of this permit. This permit, issued on November 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. HB-0001, Replacement of Lindsay C. Warren Bridge (Tyrrell County Bridge No. 7) 1) Unless specifically altered herein, all work authorized by this permit shall be carried out in accordance with the following attached workplan drawings [07J .0202(c)]: Wetland and Surface Water Impacts(78 sheets)- dated 9/19/23. Utility drawings (20 sheets): dated 9/13/13. 2) In accordance with commitments made by the permittee, and in order to protect fisheries resources, no in -water work shall be conducted in the Alligator River from July 15 to September 30 of any year, and in addition, no in -water work shall be conducted in the deepwater channel of the Alligator River (between new bridge bents 44-57) from February 15 to June 30, without prior approval of the N.C. Division of Coastal Management (DCM), in consultation with the appropriate resource agencies [07H .0208(a)(2)]. (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 136-44.7B 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. L�Esmw��� 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. 136-23 Page 2 of 8 NOTE: Condition No. 2 was agreed upon through coordination with the N.C. Division of Marine Fisheries (NC DMF). The Alligator River is designated as an Anadromous Fish Spawning Area, (typical in -water work moratorium February 15 — October 31). The permittee is strongly encouraged to organize the work plan to avoid in -water work during the full February 15- October 31 moratorium, to the greatest extent practicable. 3) No work shall occur within the Alligator National Wildlife Refuge managed by the United States Fish and Wildlife Service (USFWS) and/or the Alligator River Gameland managed by the N.C. Wildlife Resources Commission (WRC) [07J .0202(c)]. 4) In accordance with commitments made by the permittee, the applicant shall implement the "U.S. Fish & Wildlife Service's Guidelines for Avoiding Impacts to the West Indian Manatee, Trichechus manatus: precautionary measures for construction activities in North Carolina's Waters" [113-229(e)]. 5) Unless specifically altered herein, any mitigative measures or environmental commitments specifically made by the permittee in the CAMA permit application, the Categorical Exclusion document dated 8/31/21, including an update to the CE signed on 3/20/23, the United States Fish and Wildlife Service (USFWS) Biological Opinion dated 11/5/21, and/or during the NEPA/404 Merger Process, shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. This includes, but is not limited to, the construction of wildlife crossings as depicted in the permit application [113-229(e); 07J .0209; 07H .0208(a)(3); 07J .0202(c)]: 6) All pipe and culvert inverts shall be buried at least one foot below normal bed elevation to allow for passage of water and aquatic life when they are placed within the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC as designated by the Coastal Area Management Act (CAMA). Culverts placed in wetlands are not subject to this requirement [G.S. 113 229(e); 07H .0208(a)(2)(A)]. 7) All construction access shall be through the use of the existing bridge, the partially constructed new bridge, temporary work platforms, barges, and/or existing high ground areas [07J .0202(c)]. 8) 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 water [07J .0201]. 9) The permittee shall submit final plans to DCM for review and approval of any new mooring points and/or breasting lines prior to their installation. Adjacent riparian property owner notification may be required [113-229(d); 07J .0201; 07J .0405(a)]. 10) The installation and removal of the piles and other components for the new bridge, temporary work platforms, and/or existing bridge including fender system, shall be accomplished by pile driving, vibratory hammer, and/or drilled pier. Should the permittee and/or its contractor propose to utilize another type of installation or removal, such as jetting, additional authorization from DCM shall be required [07J .0202(c); 07J .0405(a)]. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 136-23 Page 3 of 8 11) The existing bridge, including fender system, and temporary work platforms, including piles, shall be removed in their entirety as soon as practicable after they are no longer needed and disposed of at an approved high ground site. However, if this timeframe occurs while the moratorium referenced in Condition No. 2 of this permit is in effect, then the permittee shall consult with DCM and the appropriate resource agencies to determine if in -water work to remove these structures may occur [07H .0208(a)(2)]. 12) Pilings and other components from the existing bridge, including the fender system, temporary work platforms, as well as any remnant pilings from previous bridges, shall be removed in their entirety. If a piling or other component breaks during removal and cannot be removed in its entirety, it may be cut off flush with the bed of the water body, and DCM shall be notified of each occurrence within one working day. In areas within the federal navigational channel, the U.S. Coast Guard and/or the U.S. Army Corps of Engineers may have additional requirements [07H .0208(a)(2)]. 13) 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 [G.S 113A-120(b); 07J .0209(a); 07J .0405(a)]. 14) All fill material shall be clean and free of any pollutants except in trace quantities [07H .0208(a)(2)(B)]. 15) 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 [07H .0208(a)(2)]. 16) 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 [07H .0208(a)(2)(B)]. 17) The temporary placement and/or double handling of any excavated or fill material within wetlands or waters of the State is not authorized, with the exception of the temporary work platforms [07H .0208(a)(2)(B)]. 18) 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 [07H .0208(a)(2)(B)]. 19) The placement of riprap shall be limited to the areas as indicated on the attached workplan drawings. It shall be of a size sufficient to prevent its movement from the authorized alignment by wave or current action. If the riprap 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. The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl, or broken concrete without exposed rebar, or other suitable materials approved by DCM [07J .0202(c)]. 20) 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 [07H .0208(a)(2)(B)]. N.C. Department of Transportation Permit No. 136-23 Page 4 of 8 ADDITIONAL CONDITIONS 21) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State [07H .0208(a)(2)(B)]. 22) The demolition plan for removal of the existing bridge, including the fender system, shall be submitted to DCM for review and approval prior to commencement of the demolition activities [07J .0201 ]. 23) Any waste materials or debris generated in the demolition and removal of the existing bridge, including the fender system and roadway, construction of the new bridge and roadway, and/or construction and removal of the temporary work platforms, 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. [G.S 113A-120(b); 07J .0209(a)]. NOTE: The bridge demolition debris may be suitable for use as artificial reef material. The permittee is encouraged to contact the Artificial Reef Coordinator at the N.C. Division of Marine Fisheries Morehead City Office to coordinate review of the suitability of the material and arrangements for such use. Impacts to Wetlands and Waters of the State NOTE: This project will permanently impact approximately 2,353 square feet (0.05 acres) of Coastal Wetlands [approximately 1,133 square feet (0.026 acres) due to permanent fill and approximately 1,219 square feet (0.028 acres) due to mechanized clearing]. This project will permanently impact approximately 10.80 acres of 404 Wetlands (approximately 9.03 acres due to permanent fill, approximately 0.02 acres due to excavation, and approximately 1.75 acres due to mechanized clearing). This project will temporarily impact approximately 3.27 acres of 404 Wetlands due to hand clearing. NOTE: This project will permanently impact approximately 0.38 acres of surface waters and will temporarily impact approximately 0.07 acres of surface waters. 24) There shall be no clearing or grubbing of wetlands outside of the areas indicated for impacts on the attached workplan drawings without prior approval from DCM [07H .0208(a)(2)(B)]. 25) The permittee shall minimize the need to cross wetlands in transporting equipment to the maximum extent practicable [07H .0208(a)(2)(B)]. 26) Construction mats shall be utilized to support equipment within wetland areas to minimize temporary wetland impacts. These mats shall be removed immediately when they are no longer needed [07H .0208(a)(2)(B)]. N.C. Department of Transportation ADDITIONAL CONDITIONS Compensatory Mitigation Permit No. 136-23 Page 5 of 8 NOTE: In accordance with the N.C. Division of Mitigation Services (DMS) letter dated 4/27/23, compensatory mitigation for permanent impacts of 10.73 acres of riparian wetlands and 0.05 acres of Coastal Marsh associated with the authorized project shall be provided by the DMS in accordance with the DMS In -Lieu Fee Instrument dated 7/28/10. 27) Unless specifically altered herein, on -site mitigation shall be carried out as described in the document titled "Onsite Wetland Mitigation Plan Replacement of Alligator River Bridge" dated June 16, 2023 [07H .0208(a)(3)]. NOTE: The on -site mitigation is expected to restore approximately 0.50 acres of tidal freshwater marsh and approximately 7.75 acres of riverine swamp forest by removing approximately 35,000 cubic yards of fill material from approximately 8.25 acres of existing high ground area currently occupied by existing US 64 in Tyrrell County (0.75 acres) and Dare County (7.50 acres). 28) The wetland restoration areas shall be fully contained by silt fence until all of the unsuitable fill material has been removed and the restoration areas have been restored to the approximate natural elevation of the adjacent, similar undisturbed wetlands and stabilized with appropriate native wetland vegetation. Turbidity curtains shall be used between the wetland restoration areas and the adjacent water body in the location of the existing causeway, until such a time as the areas have returned to ambient conditions [07H .0208(a)(2)]. 29) The fill material that is removed from the wetland restoration area shall be taken to an offsite high ground location [07J .0202(c)]. 30) In accordance with the onsite wetland mitigation plan, if it is determined that the subsurface material is inappropriate for planting, additional grading may be necessary to undercut the restoration area and backfill with suitable topsoil to the target elevation of the adjacent wetland communities [07J .0202(c)]. 31) An as -built survey report for the mitigation site shall be submitted to DCM within 60 days after the mitigation site has been constructed [07J .0202(c)]. 32) The permittee shall submit annual monitoring reports to DCM for a minimum of five 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 based on the success criteria stated in the mitigation plan. Progress reports shall also be provided upon request. Monitoring may cease when the permittee can demonstrate that success criteria have been met and written concurrence is received from DCM [07H .0208(a)(3)]. 33) The onsite wetland mitigation sites shall be protected in perpetuity in their restored state 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 mitigation sites may result in further mitigation requirements [07H .0208(a)(3)]. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 136-23 Page 6 of 8 34) The wetland mitigation provided by this project shall not generate any excess mitigation credits for use on future projects [07H .0208(a)(3)]. Utility Impacts NOTE: Construction of the new bridge will also require relocation of fiber optic utilities. 35) The authorized utility work shall not result in any permanent or temporary impacts to wetlands or waters of the State, without permit modification [07J .0202(c)]. 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 [07J .0202(c); 07J .0201; 07J .0405(a)]. Sedimentation and Erosion Control 37) Turbidity curtains shall be used to isolate work areas from the adjacent waters of the Alligator River and adjacent public trust areas, including but not limited to installation and removal of bridge piles, including the fender system, and other components, and temporary work platforms. The turbidity curtains shall be sufficient 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 such a time as the areas have returned to ambient conditions [07H .0208(a)(2); 07H .0209(d)(4)]. 38) 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 [07J .0209(a)]. 39) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters [07H .0209(d)(4); G.S. 113A-102(a); 07H .0208(a)(2)]. Stormwater Management 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. 40) In accordance with commitments made by the permittee, riprap pads shall be constructed at the pipe outlets of the stormwater collection system drainage outlets to dissipate energy and minimize wetland impacts [07H .0208(a)(2); 113A-102(a)]. N.C. Department of Transportation ADDITIONAL CONDITIONS Historical and Cultural Resource Protection Permit No. 136-23 Page 7 of 8 41) The permittee shall adhere to stipulations contained within the Memorandum of Agreement dated 8/31/21 among the Federal Highway Administration, the N.C. Department of Transportation and the North Carolina Historic Preservation Officer for Replacement of Tyrrell County Bridge No. 7 on US 64 over the Alligator River in Tyrrell and Dare Counties [07H .0208(a)(2)(C); 07J .0202(c)]. Navigation/Public Trust Usage NOTE: The project area includes multiple public trust usage areas, including but not limited to, the Alligator River, AIWW, a Waterfront Access Marine Industry Fund (WAMI) site on the southwestern side of the project, the Alligator River Marina on the northwestern side of the project, private docks and piers, and canals that connect with the Alligator River on the eastern and western side of the project. 42) Throughout project construction and demolition, the permittee shall make every attempt to allow the same navigation that is currently possible in the Alligator River and adjacent public trust areas. If this is not possible, then adequate notice shall be provided to the public, including the managers of the Alligator River Marina and the Waterfront Access Marine Industry Fund (WAMI) site, that navigation will be limited during construction and/or demolition. The notice shall include an estimate of the amount of time that the limited navigation will occur [07H .0208(a)(2)(G)]. 43) Ingress and egress by land and water to the Waterfront Access Marine Industry Fund (WAMI) site and the Alligator River Marina by shall be maintained, and they shall not be used for staging or storage of project materials, without permit modification [07H .0203]. 44) In accordance with the attached workplan drawings, the authorized temporary work platforms shall be elevated a minimum of 2 feet above the mean high water of the Alligator River as measured from the low chord of the structure [07J .0202(c)]. 45) No attempt shall be made by the permittee to prevent the use by the public of all navigable waters at or adjacent to the authorized work following completion of construction [07H .0208(a)(2)(G)]. General NOTE: It is strongly recommended that the permittee exercise all available precautions in the construction, operation and maintenance of the bridge and adjacent roadway to prevent waste from entering the adjacent waters and wetlands. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. 46) Development authorized by this permit shall only be conducted on lands owned by NCDOT, appropriate utility entities, and/or its Right -of -Ways and/or easements [G.S. 113-229(b)]. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 136-23 Page 8 of 8 47) 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 [07J .0201]. 48) If a court of competent jurisdiction determines that a party other than the permittee has legal title to any part of the area approved for development under this permit, this permit shall be null and void as to the area the court determines is not owned by the permittee. This condition shall take effect on the date such court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or continuing any further development under this permit [G.S. 113-229(b)]. 49) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative by phone at (252) 955-4191 or by email at greg daisey(a),deq.nc.gov to request a preconstruction conference prior to project initiation [G.S 113A-120(b); 07J .0209(a)]. 50) 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. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office. 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 [I 13-229(e)]. NOTE: The N.C. Division of Water Resources (DWR) authorized the proposed project on 10/20/23 (DWR Project No. 20230935) under Water Quality Certification No. WQC006059. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ID No. SAW- 2021-01091. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. This includes approval, if required, from the U.S. Army Corps of Engineers (USACE) and the U.S. Coast Guard. This also includes approval, if required, from the United States Fish and Wildlife Service and/or the NOAA National Marine Fisheries Service under the federal Endangered Species Act and/or the Bald and Golden Eagle Protection Act. 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.