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HomeMy WebLinkAbout20170424 Ver 1_B-5236, Lords Creek, new permit, 81-17_20170629Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commissian ��11'Cit far X 1VIajor Development in an Area of Enviranmental Concern pursuant to NCGS I 13A-11 S I� Excavation and/or filling pursuant to NCGS 113-229 Permit Number 81-17 Issued to lY.C. Department of Transportatian,1598 Mail Service Center, Ralei�h, NC 27699-1598 Authorizing development in New Hanover Coun#y at Lords Creek, Brid�?e I�to. 19 on SR 1100 �$lY�r Road� , as requested in the perrnittee's applicatian dated 3/31/17' including the attached work lan drawin s 14 as referenced in Canditian No. 1 of this ermit. This permit, issued an , June 29, 2017 , is subject to compIiance with the application (whez'e consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, irnprisonment or civil action; or rnay cause the permit to be null and void. TIP No. B-5236, Bridee Renlacement 1) Unless specifically altered herein, all wark authorized by this permit �hall be carried out in accordance with the following attached workplan drawings (14}: S dated as received 6/lb/17, 2 dated 8/30/16, 1 dated 8/31/16, 1 dated 7/1$/16, 1 dated 3/21/17, and 1 dated 3/28/17. 2} Turbidity curtains shall be used to isolate all in-water work areas from the adjacent waters of Lords Creek, including but not limited to the e�sting bridge removal, pile installation, pile removal, and placement of riprap and other fill material within or adjacent to surface waters. The turbidity curtains shall encircle the immediate work area, however they shall not impede navi�ation. The turbidity curtains shall be properly maintained an�i retained in the water until construction zs camplete, and shall only be removed when turbidity within the curtains reaches ambient levels. (See attached sheets for Additional Conditions} This permit action may be appealed by the permittee ar oiher qualified persons within twenty {20) days of the issuing date. This permit rnust be accessible on-site to Department personnel when the project is inspected for campliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work mnst cease when the perrnit 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 Caastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. . �,."a,-G- r/H.'� U � Braxton C. Davis, Di�ector Division of CoastallVlanagement This pernnit and its conditions are hereby accepted. Signature of Permittee N.C. Department of Transpvrtation Permit No. 81-17 Page 2 of 5 ADDITIONAL CONDITIONS 3) The bridge shall be constructed using top dawn construction and a cofferdam with an offsite detour. Any other construction method may require additional authorization frarn the N.C. Divi�ion af Coastal Management (DCM). 4) Temparary cofferdams may be used to construct the two interior b�ents for the new bridge. Temporary dewatering may accur. The cofferdams shall be removed in their entirety as soon as possible af'ter the concrete i� fully cured. 5} The installation of the bridge piles shall be accomplished by pile driving and/or the use of a vibratory harnrner. Should the permittee and/or its contractor propose to utilize another type of installation, sueh as jetting or drilled shaft construction, additional authorization from DCM shall be required. b) Pilings fraz�a the exisiing bridge, as well as any remnant pilings frc�m previous bridges, shall b� 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 bady, and DCM shall be notified of each accurrence within one working day. 7) 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, 8) All fill rnaterial shall be clean and free oF any pollutants except in trace quantities. 9) Material exca�ated at the project site may be used in fill areas associated with the project or shall be removed from the site and taken to a high ground location. 1 Q) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded wetlands behind adequate dikes ar other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. 11) The temporary placement and double handling of any excavated or fill material within waters of the State or vegetated wetlands is nat authorized, except for that fiil necessary for the construction af #he authorized cofferdam and erosion control rneasures. 12) The placement of riprap shall be limited ta the areas as depicted on the attached workplan drawings. The riprap material shall be clean and free from Ioose dirt or any pollutant. 'The ripxap material shall consist of clean rock or masonry materials, such as but not limited to, granite, znarl, or broken concrete. It shall be of a size sufficient to prevent its movement from the site by wave ar current action. 13) Filter fabric sha11 be in place prior to the placement Qf any riprap and/or baekfill. 14} All reasanable efforts shall be made to conta.in all debris and excess materials associated with the rernoval of the existing bridge and construction of the new bridge, with the intent that materialsldebris do npt enter wetlands or waters af th� State, even temporarily. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 81-17 Page 3 of 5 15} Any waste materials or debris generated in the demalition and removal of the existing bridge and/or canstruction af the new bridge or roadway shall be disposed of at an appro�red upland site or sha11 be recycled in an environmentally appropriate manner pravided appropriate authorizations are ohtained from any relevant state, federal, or local autharities. 1 b) I7) 18) Ur�cured concreie shall not be allawed to contaet waters of th.e State, or water that will enter waters af the State. Bridge deck drains shall not directly discharge into the open waters of Lords Creek and shall not cause erosion of adjacent wetlands. Canstructian staging areas shall be lacated only in upland areas, and not in wetlands ar waters of the Staie. Utilitv ImAacts NQTE: The construction of the new bridge will also require the relocation of water, sewer, and fiber optic telecornmunication lines. 19) The authorized utility wark shall not result in any pertnanent or temporary irnpacts to wetlands or waters of the State, withont pernnit modification. 20} Any utility work assaciated with this project that is not spec�fcally depicted on the attached workplan drawings, or described within the attached perrnit application, shall require approval from DCM, �ither under the authority of this permit, or by the utility company obtaining separate authorization NOTE: Plaz�s and specifications shauld be submitted and approved by the N.C. Division of Water Resources, Public Water Supply Plan Review Seetion, before canstruction begins on the new waterlines. Im acts to Wetlands and Waters of the State and Com ensato Miti ation NOTE: This project will permanently impact approximately 7,625 square feet of Coastal Wetlands (7,390 square feet due to permanent fill, and 235 square feet due to excavation). This project will ternporarily impact approxirnateiy 9,148 square feet of Coastal Wetlands (7,406 square feet due to hand clearing and 1,742 square feet due to temparary fill and ha�d clearing). This project will permanently impact appxa�imately 0.03 acres of surface waters and will ternporarily irnpact approximately 0.02 acres of surface waters. NOTE: In accordance with the N.C. Division of Mitigation Services {DMS) letter dated 3/28/17, co�npensatory mitigation for permanent impacts of 0.1 S acres of Coastal Marsh associated with the authorized project sha11 be provided by the DMS in accvrdazice with the DMS In-Lieu Fee Tnstrument dated 7/28/10. �`�T.C. Department of Transportatio� ADDITIONAL CONDITTONS Permit No. 81-17 Page 4 of 5 21) The compensatory mitigation af 0.1 S acres of Coastal W etlands sha11 be in-kind, i.e. the targeted species composition of the restared wetlands shall approximate the species compositian of the irnpacted wetlands. The mitigatian shall be implemented and in place within 3 years of the issuance of this permit. 22} There shall be no clearing of wetlands outside of the areas indicated on the attached workplan drawings without priar approval from DCM. Within Coastal Wetland areas that are approved for hand clearing, the extent of hand clearing shall be minimized to the m�imurn extent practicable. 23) 24) Wetland areas to be temporarily impacted by clearing shall not be grubbed. Construction mats shall be utilized to support equi�pment within Coastal Wetland areas to minimize temporary wetland impaets. These rnats shall be removed immediately following project completion. 25} Due to the possibility that compaction, hand clearing, temporary fill, and/ar other site alterations might prevent the temporary Coastal Wetland impact areas from re-attaining pre-project wetland functians, the permittee shall provide an annual update on the Coastal Wetland areas tempararily impacted by this project. This anan.ual update shall consist af photographs and a brief written report an the progress of these temporarily impacted areas in re-attaining their pre-praject wetland functions. The permittee shall schedule a meeting with DCM to verify the extent and location af temporary irnpacts upon project completian. VL7ithin three years after project cornpletion, the permittee shall hold another ageney field meeting with DCM to deterrnine if the Cc�astal Wetland areas temporarily impacted bp 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 praject have not re-attained pre-project wetland functions, DCM will determine whether compez�satory wetland mitigation shall be required. Sed'rmentation and Erasion Control 26) This project shall conform to all requirements af the N.C. Sedimentation Pollution Control Act and the N.C, Department of Transportation's (NCDC�T's) Memorandum of Agreement with the N.C. Divisian of Energy, Mineral and Land Resources. General 27) Tn order ta protect the West Indian Manatee, Trichechus manatus, the applicant shall implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be faund at http://www.fws.gov/nc-es/mammal/manatee �uideIines .��,df. 28) During bridge construction, the permittee sha11 make every atternpt to allow the same navigation that is currently possible in Lords Creek, upstream and downstream of the existing bridge. N,C. Department of Transportation Permit No. 81-17 P�ge 5 af 5 ADDITIQNAL CONDITIONS 29) No attempt shall be made by the permittee to prevent the full and free use by the public of all na�✓igable waters at ar adjacent to the autharized woark following completion of construction. 30j The pern�ittee shalI exercise all available precautions in the day-to-day operation of the facility to prevent waste from entering the adjacent waters and wetlands. 31) If it is determined that additional permanent andlor temporary impacts are necessary that are not shown on the attached warlcplan drawings or described in the authorized permit application, a permit modification and/or additional authorization frorri DCM may be required. In adc�ition, any changes in the approved plan may also require a permit rnodification andlor additional authorization from DCM. The permittee shall contact a representative of DCIVI prior to commencement of any such activity for this determinaiion and any permit modification. 32) Development authorized by this permit shall only be conducted an lands owned by NCDOT and/or its Righi-of-Ways and/or easements. 33) The permittee and/or its contractar sha11 contact the DCM Transportation Projeet Field Representative in Morehead City at (252) 80$-2808 ext. 208 to request a preconstruction conferenee prior to project initiation. 34) The N.C. Division of Water Resources {DWR) authorized the pr�posed project on 4/21/17 {DWR Project No, 20170424} under Generai Water Quality Certification No. 4093. .Any violation of the Certifications approved by DWR shall be considered a violation of this CAMA perrnit. NOTE: The U.S. Army Carps of Engineers authorized the proposed project under Nationwide Permit Number 23 (COE Actian ID No. SAW-2011-00026), which was issued vn 4120/17. NOTE: This permit does nat eliminate the need to obtain any additional pernu#s, approvals or authorizations that may be required. NOTE: t�.n application processing fee of $475 was received by DCM for tlus pxojec�. This fee also satisfied the Section 401 appliCation processing fee requirements of DWR.