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HomeMy WebLinkAbout20080545 Ver 1_Other Agency Comments_20080804 ~'erm t Class Permit Number I NEW :116-08 STATE OF NORTH CAROLINA ` Department of Environment and Natural Resources and Coastal Resources Commission ihrmtt ti for Y 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, 113 Airport Drive, quite 100, Edenton, NC 27932 Authorizing development in Chowan County at Indian Creek (aka Dillards Creek), Bridge No. 13 on SR 1226 over Indian Creek, as requested in the permittee's application dated 3/5/08, including the attached workplan drawings (2): 1 dated 12/13/07, and 1 dated 5/16/07 This permit, issued on 814108 , 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-4073, Bridge Replacement I ) In accordance with the design submitted by the permittee, the vertical navigational clearance under the completed bridge shall be at least one foot greater than the vertical navigational clearance under the existing bridge. 2) 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 activities. 3) During bridge construction, the permittee shall make every attempt to allow the same navigation that is currently possible in Indian Creek (aka Dillards Creek), upstream and downstream of the existing bridge. (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..•~'G fly This permit must be accessible on-site to Department i personnel when the project is inspected for compliance. James H. Gregson, Director Any maintenance work or project modification not covered 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 136-44.7B 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 ¢MMK•4C-0J{N.`JWLv~}{-0bCi3-0-0P8hSlOddOOdCLSJti-0A80-0U-0d-0vW4NC-0C•0-0•hJdGJ4K4>•}J•}atiOJOva:OGGC•}N 44330-0 'vG4Cg9i•}'4."o4?G'MC•?9Kq-Yh9-0+1 1 N.C. Department of Transportation Permit #115-08 Page 2 of 5 ADDITIONAL CONDITIONS 4) In order to protect spawning anadromous fish in Indian Creek (aka Dillards Creek) and due to the classification of Indian Creek (aka Dillards Creek) as an inland Primary Nursery Area, no in-water work shall be conducted between February 15 to June 30 of any year without prior approval of DCM, in consultation with WRC. For the purposes of this moratorium, in-water is defined as those areas that are inundated at normal water level, including the waters or contiguous inundated wetlands of Indian Creek (aka Dillards Creek). 5) The permittee shall implement the N.C. Department of Transportation's (NCDOT's) Stream Crossing Guidelines for Anadromous Fish Passage. 6) The relocation of utility lines is not authorized. Any relocation of utility lines shall require approval from DCM, either under the authority of this permit, or by the utility company obtaining separate authorization. 7) The permittee did not propose the use of deck drains. Any future proposal to utilize deck drains shall require additional coordination with DCM. 8) Material excavated may be used in fill areas associated with the project or shall be removed from the site and taken to an approved high ground location. 9) 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. 10) The temporary placement and double handling of any excavated or fill material within waters or vegetated wetlands is not authorized. This condition also applies to removal of the existing bridge and associated materials. 11) No vegetated wetlands or waters of the State shall be excavated without permit modification. 12) No excavated or 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. 13) All fill material shall be clean and free of any pollutants except in trace quantities. 14) Live concrete shall not be allowed to contact the water in or entering into Indian Creek (aka Dillards Creek), or the adjacent wetlands. 15) All fill material shall be obtained from an upland source. 16) The bridge shall be constructed using top down construction methodologies with an offsite detour. Any other construction method may require additional authorization. 17) Unless specifically altered herein, NCDOT's document "Best Management Practices for Bridge Demolition and Removal" (final 9/20/99) shall be followed during both demolition and construction activities. v.:~`aWba6 .n+~ }44CbC0 MN{..}bOCbt`bv'-0Kti4'. N.C. Department of Transportation Permit #116-08 b Page 3 of 5 ADDITIONAL CONDITIONS 18) Pilings from the existing bridge, as well as any remnant pilings from previous bridges, shrill 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. 19) Installation of bridge 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 s drilled shaft construction or jetting, additional authorization from DCM shall be required. a a a 20) Debris resulting from the removal of the existing bridge, including deck components and associated materials, shall not enter wetlands or waters of the State, even temporarily. a 21) All materials and debris associated with the removal and/or construction of the existing and/or new b bridge and associated materials 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. 22) The placement of riprap shall be limited to the areas as depicted on the attached workplan drawings. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities. a The riprap material shall consist of clean rock or masonry materials such as, but not limited to, granite, marl or broken concrete. 23) Fill slopes in wetlands shall be 3:1 or steeper. Wetland Impacts and Mitigation a NOTE: This project will permanently impact approximately 0.03 acres of riverine wetlands (cypress gum swamp) due to fill. 24) No temporary impacts to wetlands or waters of the State are authorized by this permit without prior approval from DCM. 25) In accordance with the permittee's application letter dated 3/5/08, compensatory mitigation for permanent impacts of 0.03 acres of riverine wetlands shall be provided by the Ecosystem Enhancement Program (EEP). 26) In accordance with the permit application, 20-30 feet of existing fill material shall be removed underneath the longer new bridge, which will increase the floodplain area at the bridge crossing. 27) After the existing fill material is removed under the new bridge, the area shall be graded to the approximate natural elevation of the adjacent, similar undisturbed areas. a a b b b a b a qacbwotbswoboc-0<4bbvoataot-0o-5s' bbb.^~crwac: ~,w<„bb:4tr~SO-04-0haao->ba+t+oa~bobaa:taovb: Mti ~wr>-:.-ter: ; .-!-coaaiaa N.C. Department of Transportation Permit #116-08 Page 4 of 5 ADDITIONAL CONDITIONS Sedimentation and Erosion Control b 28) Turbidity curtains and silt fences shall be used to isolate all work areas from Indian Creek (aka Dillards Creek), including pile installation, placement of riprap, excavation or filling. The turbidity curtains shall be installed parallel to the banks on each side of the creek. The turbidity curtains shall extend past the construction limits and be attached to the silt fences containing the work site. The turbidity curtains shall be of sufficient length to extend to the substrate. The turbidity curtains shall not fully encircle the work area or extend across Indian Creek (aka Dillards Creek). The turbidity curtains shall be properly maintained and retained in the water until construction is complete and all of the work area contained by the turbidity curtains has been stabilized by vegetation or other means. The turbidity curtains shall be removed when turbidity within the curtains reaches ambient levels. 29) 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.). 30) This project shall conform to all requirements of the N.C. Sedimentation Pollution Control Act and the NCDOT's Memorandum of Agreement with the Division of Land Resources. 31) The permittee shall follow "Best Management Practices for the Protection of Surface Waters". 32) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. Stormwater Management 33) The N.C. Division of Water Quality (DWQ) Stormwater Management Section approved this project under Stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7080323 on 5/12/08. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. General 34) 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. 35) If it is determined that additional permanent and/or temporary impacts (such as but not limited to temporary access roads, detours, or matting to transport equipment across wetlands) 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 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 b activity for this determination and any permit modification. 36) Development authorized by this permit shall only be conducted within NCDOT Right-of-Ways and/or easements. c ~vr c-r.orsvc c~ap N.C. Department of Transportation Permit #116-08 x¢X ~ Page 5 of 5 ADDITIONAL CONDITIONS 37) The N.C. Division of Water Quality (DWQ) authorized the proposed project on 4/15/08 (DWQ Project No. 20080545) under General Water Quality Certification No. 3704. Any violation of the Certification s approved by DWQ shall be considered a violation of this CAMA permit. 38) The permittee and/or his contractor shall contact the DCM Transportation Project Coordinator in Elizabeth City to request a preconstruction conference pi nor to project initiation. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide hermit z Number 14 (COE Action ID No. SAW-2008-01090), which was issued on 4/1/08. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. NOTE: The Chowan County Water Department has water service in this area, and should be contacted to determine precise locations and coordinate that construction does not affect utility piping or services to customers. If any modifications occur to the distribution systems, then plans and specifications must be submitted to the N.C. Division of Environmental Health Public Water Supply Plan Review Section for review and approval prior to construction.