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HomeMy WebLinkAbout20070864 Ver 1_Other Agency Comments_20070921 Permit Class ~~Z~ coc- Permit Number NEW 0-7 158-07 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Inuit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C. Department of Transportation, 1598 Mail Service Center, Raleigh, NC 27699-1548 Authorizing development in Beaufort County at Broad Creek, Bridge No. 104 on NC 32 (B-4018) as requested in the permittee's application dated 7/19/07 including the attached eleven (11) t/2-size plan drawings; 5 dated 3/9/07, 4 dated 4/12/07, and 2 dated 2/23/07. This permit, issued on 9/21/07 , 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 No. 104 Replacement (TIP No. B-4018) 1) In order to protect the anadromous fish of Broad Creek, no in-water work shall be conducted from February 15th to June 15th of any year without prior approval of the NC Division of Coastal Management (DCM), in consultation with the NC Wildlife Resources Commission (WRC) and the NC Division of Marine Fisheries (DMF). 2) Unless specifically altered herein, the permittee shall implement NCDOT's Stream Crossing Guidelines for Anadromous Fish Passage. 3) The bridge shall be constructed using top down construction methodologies. Any other construction method shall require additional authorization. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. 7 This permit must be accessible on-site to Department personnel when the project is inspected for compliance. y Jjr Any maintenance work or project modification not covered James H. Gregson, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. No Expiration Date, pursuant to GS 136-44.71 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee 4 Page 2 of 5 FUnless ransportation Permit # 158-07 ADDITIONAL CONDITIONS ally altered herein, the NCDOT document "Best Management Practices for Bridge Removal" (final 9/20/99) shall be followed during demolition and construction activities. 5) The West Indian Manatee, Trichecus manatus, which is listed as a federally endangered species, has been reported in North Carolina waters. Therefore, in accordance with commitments made by the permittee and in order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines prepared by the U.S. Fish and Wildlife Service (USFWS) (rev. 06/03), entitled "Guidelines for Avoiding Impacts to the West Indian Manatee: Precautionary Measures for Construction Activities in North Carolina Waters" shall be followed. 6) The permittee shall exercise all available precautions in the day-to-day operation of the facility to prevent waste and/or debris from entering the adjacent waters and wetlands. 7) Any waste materials or debris generated in the demolition and removal of the existing bridge and/or construction of the new bridge or roadway 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. 8) Debris resulting from demolition of the existing bridge, including deck components, shall not enter wetlands or waters of the State, even temporarily. 9) The installation of bridge piles shall be accomplished by pile driving or vibratory hammer. Should the permittee and/or its contractor desire to utilize another type of pile installation, such as drilled shaft construction or jetting, additional authorization from DCM shall be required. 10) Live concrete shall not be allowed to contact waters of the State or water that will enter waters of the State. 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 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. 12) Turbidity curtains shall be used to isolate all work areas from Broad Creek, including pile or casement installation, pile removal, or excavation. The turbidity curtains shall be of sufficient length to extend to the substrate and shall encircle the immediate work area, however, they shall not extend across Broad Creek or impede navigation. The turbidity curtains shall be properly maintained and retained in the water until construction is complete. The turbidity curtains shall be removed when turbidity within the LAa ambient levels. [14) 3) shall be clean and free of any pollutants except in trace quantities. rial may either be used in fill areas associated with the project or shall be removed from n to a high ground location. N.C. Department of Transportation Permit # 158-07 Page 3 of 5 ADDITIONAL CONDITIONS 15) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters without permit modification. 16) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. Note: The permittee is encouraged to minimize the need to cross wetlands in transporting equipment to the maximum extent practicable. 17) 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. 18) Placement of riprap shall be limited to the areas as depicted on the attached work plan drawings. The riprap material shall be free from loose dirt or any pollutant. The riprap material shall consist of clean rock or masonry materials, such as but not limited to, granite, marl, or broken concrete. 19) Dredging in any manner, including "kicking" with boat propellers is not authorized. 20) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State. 21) There shall be no clearing or grubbing of wetlands outside of the areas indicated on the attached workplan drawings without prior approval from the N.C. Division of Coastal Management. Sedimentation and Erosion Control 22) Unless specifically altered herein, the permittee shall follow "Best Management Practices for the Protection of Surface Waters" and shall also implement sedimentation and erosion control measures sufficient to protect aquatic resources. 23) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 24) This project shall conform to all requirements of the NC Sedimentation Pollution Control Act and NC DOT's Memorandum of Agreement with the Division of Land Resources. 25) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 26) In accordance with project commitments made within the CAMA permit application, the permittee shall adhere to Design Standards in Sensitive Watersheds, 15A NCAC 4B .0124, unless specifically altered herein. t N.C. Department of Transportation Permit # 158-07 Page 4of5 ADDITIONAL CONDITIONS 27) Bridge deck drains shall not be located over the open waters of Broad Creek and shall not cause erosion of adjacent wetlands. Causeway Removal NOTE: The existing 172-foot long bridge will be replaced with a 200-foot long bridge in the existing location. The permittee intends to grade an area of approximately 17 feet by 60 feet to correspond to the elevation of the wetlands adjacent to the project. No permanent wetland impacts are proposed. 28) The causeway restoration area shall be fully contained by silt fence and/or turbidity curtains until all of the causeway fill material has been removed and the restoration area has been restored to the approximate natural elevation of the adjacent, similar undisturbed wetlands and stabilized with appropriate vegetation. Utilities Relocation 29) Any relocation of utility lines that is not already depicted on the attached work plan drawings, or described within the attached permit application, shall require additional approval by DCM, either under the authority of this permit, or by the utility company obtaining separate authorization. 30) Authorized wetland fill includes only that necessary to backfill or bed the utility line. Any excess material shall be removed to an upland disposal area. Finished grades of subaqueous or wetland crossings shall be returned to pre-project contours and elevations. 31) Subaqueous lines shall be placed a minimum of two feet below the bottom contour of Broad Creek. General 32) Unless specifically altered herein, any mitigative measures or environmental commitments specifically made by the permittee in the CAMA permit application or the Categorical Exclusion dated 5/25/06, shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 33) If it is determined that additional permanent and/or temporary impacts will occur that are not shown on the attached permit drawings, additional authorization from DCM shall be required. 34) This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. 35) The N.C. Division of Water Quality (DWQ) authorized the proposed project under General 401 Water Quality Certification Number 3627 and the Tar-Pamlico River Buffer Rules (DWQ Project No. 20070864 on 7/2/07 and subsequent modification on 8/15/07 (DWQ Project No. 20070864 v.2). Any violation of the Certification approved by the DWQ shall be considered a violation of this CAMA permit. 1 N.C. Department of Transportation Permit # 158-07 Page 5 of 5 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers assigned COE Action ID No. 200702594 to the project. NOTE: The permittee and/or his contractor is strongly encouraged to contact the N.C. Division of Coastal Management Transportation Project Coordinator in Morehead City to request a pre- construction conference prior to project initiation.