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HomeMy WebLinkAbout20170424 Ver 1_DCM Permit_20170714Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality 0 .� ��� � Coastal Resources Commission �e�I�it for Permit Number 81-17 ���r�ad�D JUL 1 ¢ 2017 -�E:vN -'NATER RESOlN2CES TRlWSPOFTATi�JN PERMITTING UNR X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-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 New Hanover County at Lords Creek, Bridee No. 19 on SR 1100 (River Roadl , as requested in the permittee's application dated 3/31/17, including the attached workplan drawin�s (141 as referenced in Condition No. 1 of this nermit. This permit, issued on June 29, 2017 , 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-5236. Brid¢e Renlacement 1) Unless specifically altered herein, all work authorized by this permit shall be carried out in accordance with the following attached workplan drawings (14): 8 dated as received 6/16/17, 2 dated 8/30/16, 1 dated 8/31/16, 1 dated 7/18/16, 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 existing bridge removal, pile installation, pile removal, and placement of riprap and other fill material within or adjacent to surface waters. The turbidiry curtains sha11 encircle the immediate work area, however they shall not impede navigation. The turbidity curtains sha11 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. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenry (20) days of the issuing date. This permit must be accessible on-site to Depar[ment personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires fiuther Division approval. All work must cease when the pertnit 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 [he Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions aze hereby accepted. �� � PN���P. S-, HARQ�J SignatureofPermittee N.C. Department of Transportation Permit No. 81-17 Page 2 of 5 ADDITIONAL CONDITIONS 3) The bridge shall be constructed using top down construction and a cofferdam with an offsite detour. Any other construction method may require additional authorization from the N.C. Division of Coastal Management (DCM). 4) Temporary cofferdams may be used to construct the two interior bents for the new bridge. Temporary dewatering may occur. The cofferdams shall be removed in their entirety as soon as possible after the concrete is fully cured. 5) The installation of the 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 installation, such as jetting or drilled shaft construction, additional authorization from DCM shall be required. 6) Pilings from the existing bridge, as well as any remnant pilings from previous bridges, shall be 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 body, and DCM shall be notified of each occurrence 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 azeas indicated on the attached workplan drawings, without permit modification. 8) All fill material shall be clean and free of any pollutants except in trace quantities. 9) Material excavated at the project site may be used in fill azeas associated with the project or shall be removed from the site and taken to a high ground location. 10) All excavated materials shall be confined above normal high water level and landwazd of regulazly or irtegularly flooded wetlands behind adequate dikes or other retaining struchues 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 not authorized, except for that fill necessary for the construction of the authorized cofferdam and erosion conuol measures. 12) 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. The riprap material shall consist of clean rock or masonry materials, such as but not limited to, granite, marl, or broken concrete. It shal] be of a size sufficient to prevent its movement from the site by wave or current action. 13) Filter fabric shall be in place prior to the placement of any riprap and/or backfill. 14) All reasonable efforts shall be made to contain all debris and excess materials associated with the removal of the existing bridge and construction of the new bridge, with the intent that materials/debris do not enter wetlands or waters of the State, even temporarily. N.C. Department of Transportation ADDITIOI�TAL CONDITIONS Permit�No. 81-17 Page 3 of 5 15) Any waste materials or debris generated in the demolition and removal of the existing bridge and/or eonstruction 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 are obtained from. any relevant state, federal, or local authorities. ' 16) 17} 18) Uncured concrete sha11 not be allowed to contact waters of the State, or water that will enter waters of the State. � - Bridge deek drains shall-not directly discharge into the open waters ofLords Creek and shall not cause � erosion of adjacent wetlands. . Construction sta.ging areas shall be located only in upland areas, and not in wetlands or waters of�the State. - � Utilitv Imnacts NOTE: The construction of the new bridge will also require the relocation of water, sewer, and fiber optic telecommunication lines. " � ` 19) The authorized utility work shall not result in any permanent or temporary impacts to wetlands or waters of the State, without permit modification. , -� 20) Any utility work associated with this project that is not specifically depicted on the attached workplan � drawings, or described within the attached permit application, sha11 require approval from DCM, either under the authority� of this permit, or by the utility company obtaining separate authorization NOTE: Plans and specifications should be submitted and approved by the N.C. Division of Water , Resources, Public Water Supply Plan Review Section, before conshuction begins or_ the new waterlines. - Imnacts to Wetlands and Waters of the State and Comnensatorv 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 temporarily impact approximately 9,148 square feet of Coastal Wetlands (7,406 square feet due to hand clearing and 1,742 square feet due to temporary fill and hand clearing). This project will pertnanently impact approximately 0.03 acres of surface waters and will temporarily impact approximately 0.02 acres of surface waters. � ' NOTE: In accordance with the N.C. Division of Mitigation Services (DMS) letter dated 3/28/17, compensatory mitigation for permanent impacts of 0.18 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. �1.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 81-17 Page 4 of 5. 21) The compensatory mitigation of 0.18 acres of Coastal Wetlands shall be in-kind, i.e. the targeted species composition of the restored wetlands shall approximate the species composition of the impacted . wetlands. The mitigation shall be implemented and in place within 3 years of the issuance of this permit. , 22) There sha11 be no clearing of wetlands outside of the areas indicated on the attached workplan drawings � without prior approval from DCM. Within Coastal Wetland areas that are approved for hand clearing, the extent of hand clearing sha11 be minixnized to the maximum extent practicable. . �._�- .� 23) 24) Wetland areas to be temporarily impacted by clearing shall not be grubbed. Construction mats sha11 be utilized to support equipment within Coastal Wetland areas to minimize temporary wetland impacts. These mats sha11 be removed immediately following project completion. 25) Due to the possibility that compaction, hand clearing, temporary fill, and/or other site alterations might prevent the temporary Coastal Wetland impact areas from re-attaining pre-project wetland functions, the permittee shall provide an annual update on the Coastal Wetland areas temporarily impacted by this project. This annual update shall consist of photographs and a brief written report on the progress of these temporarily impacted areas in re-attaining their pre-project wetland functions. The permittee shall schedule a meeting with DCM to verify the extent and location of temporary impacts upon project completion. Within three years after project completion, the permittee shall hold another agency field meeting with DCM to determine if the Coastal Wetland areas temporarily impacted by this project have re-attained pre-project wetland functions. If at the end of three years DCM deternunes that the Coastal Wetland areas temporarily impacted by the project have not re-attained pre-project wetland functions, DCM will determine whether compensatory wetland mitigation shall be required, Sedimentation and Erosion Control 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. General 27) In order to protect the West Indian Manatee, Trichechus manatus, the applicant sha11 implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mamYnaUmanatee �uidelines pdf. , 28) During bridge construction, the permittee shall make every attempt to a11ow the same navigation that is currently possible in Lords Creek, upstream and downstream of the e�sting bridge. N.C. Department of Transportation � Permit No. 81-17 Page 5 of 5 ADDITIONAL CONDITIONS 29) 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. 30) � The permittee sha11 exercise a11 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�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 authoriza.tion from DCM. The permittee sha11 contact a representative of DCM prior to commencement of any such activity for this determination and any permit modification. � � 32) I�evelopment authorized by this pernut sha11 only be conducted on lands owned by NCDOT andlor its � Right-of-Ways and/or easements. 33) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in Morehead City at (252) 808-2808 ext. 208 to request a preconstruction conference prior to project initiation. 34) The N.C. Division of Water Resources (DWI�) authorized the proposed project on 4/21/17 (DWR Project No. 20170424) under General Water Quality Certification 1Vo. 4093. Any violation of the Certifications approved by DWR shall be considered a violation of this CAMA permit. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit Number 23 (COE Action ID No. SAW-2011-00026), which was issued on 4/20/1 Z. NOTE: This permit does not eliminate the need to obtain any additional pernuts, approvals or authorizations that may be required. 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. �