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HomeMy WebLinkAbout20170424 Ver 1_B-5236, Lords Creek, new permit, 81-17_20170629 (2)Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ��i�Cit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-11 S X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 81-17 Issued to N.C. Depa�rtment of Transportatian,1598 Mail Service Center, Ralei�h, NC 27C99-159$ Authorizing development in New Hanover County at Lords Creek. Brid�e No. 19 on SR 1100 {River Roadl , as requested in the permittee's application dated 3/31/17' including the attached work lan drawin s 14 as referenced in Condition No. 1 of this ermit. This permit, issued on , June 29,, 2017 , is subject to compIiance 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 pernnit to be null and void. TIP No. B-5236, Bridee Replacement 1) Unless specifically altered herein, all wark autharized by this permit shall be carried out in accordance with the following attached workplan drawings (14}: S 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 turbidity curtains shall encircle the immediate work area, however they shall not impede navigation. The turbidity curtains shall be properly maintained and retained in the water until construction is camplete, and shall only be removed when turbidity within the curtains reaches ambient levels. (See attached sheets for Additional Conditions} This permit action may he appealed by the permittee ar other 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 carnpliance. Any maintenance work or project modification not co�ered hereunder requires further Division approval. All work mnst cease when the permit expires on No expiration date, pursnant 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 autt�ority af the Secretary of DEQ and the Chairman of the Coastal Resources Commission. � ��,-G- d H��: U' � Br�ton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee N.C. Department of Transportation Permit No. 81-17 Page 2 of 5 ADDITIONAL CONDITIONS 3) The bridge shall be canstructed using iop down constxuction and a cof%rdam with an offsite detour. Any other construction method may require additional authorization frarn the N.C. Division of Coastal Management (DCM). 4) Temporary cofferdams may be used to construct the iwo 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 instailation of the bridge piles sha11 be accomplished by pile driving and/or the use of a vibratory harnmer. 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 fram 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 rernoval and cannot be removed in its entirety, the piling may be cut off flush with the bed of the water body, and DCM sha11 be notified of each accurrence within one working day. 7) No excavation or filling shali take place at any time in any vegetated wetlands or surrounding waters outside af the alignment of the areas indicated on the attached workplan drawings, without permit madification. S) 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 filI areas 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 noxmal high 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. 11) The temporary placernent 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 control rneasures. 12) The placement of riprap shall be Iimited to the areas as depicted on the attached workplan drawings. The riprap material shall be clean and free from Ioose 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 conerete. 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 pIacement of any riprap andJor backfill. 14} All reasonable efforts shall be made to conta.in all debris and excess materials associated with the removal of the existing bridge and construction of the new bridge, with the intent that materialsldebris do not enter wetlands or waters of the 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 demolition and removal of the existing bridge and/or canstruction of the new bridge or roadway shall be disposed of at an approved upland site ar sha11 be recycled in an environmentally appropriate manner provided appropriate authorizatians are obtained from any relevant state, federal, or local authorities. 16) I7) 18) Uncured concrete shall not be allowed to contact waters of th.e State, or water that will enter waters of the State. Bridge deck drains shall nat directly discharge into the open waters of Lords Creek and shall not cause erosion of adjacent wetlands. Construction s#aging areas shall be located only in upland areas, and not in wetiands 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. I9) The authorized utility work shall not result in any permanent ar temporary impacts to wetlands or waters of the State, without permit modification. 20) Any utility work associated with this project that is nat 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. NOTE: Plans and specifications should be submitted and approved by the N.C. Division of Water Resources, Public Water Supply Plan Review Section, befare construc#ion begins on the new waterlines. I�uacts 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 iill and hand clearing). This project will permanently impact appxoximately 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 perrnanent impacts of 0.1 S acres of Coastal Marsh associated with ihe authorized project sha11 be provided by the DMS in accordance with the DMS In-Lieu Fee Tnstrument dated 7/28/10. �T.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 81-17 Page 4 of 5 21) The compensatory mitigation of 0.1 S acres of Coastal Wetiands sha11 be in-kind, i.e. the targeted species composition of the restared wetlands shall approximate the species composition of the impacted wetlands. The mitigation shall be implemented and in place within 3 years of the issuance af this permit. 22} There shall 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 appro�ed for hand clearing, the extent of hand clearing shall be minimized to the m�imum extent practicable. 23) 24) Wetland areas to be temporarily impacted by clearing shall not be grubbed. Construction mats shall be utilized ta 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 Coasta.l Wetland impact areas from re-attaining pre-project wetland functions, the permittee shall provide an annual update on the Coastal Wetland areas temporaxily impacted by this project. This annual update shall consist af photographs and a brief written report on the progress of ihese 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 completian. Within three years after project cornpletion, the permittee shall hold another agency field meeting with DCM to determine if the CoasYaI Wetland areas temporarily impacted by 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 project have not re-attained pre-project wetiand functions, DCM will determine whether compensatory wetland mitigation shall be required. Sedimentation and Erasion 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 (NCD�T's) Memorandum of Agreement with the N.C. Divisian of Energy, Mineral and Land Resources. General 27) In 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 f.herein. The guidelines can be faund at http://www.fws.gov/nc-es/mammal/manatee �uidelines �df. 28} During bridge construction, the permittee sha11 make every attempt to allow the sarne navigation that is currently possible in Lards Creek, upstream and downstream of the existing bridge. N.C. Department of Transportation Permit No. S1-17 Page 5 of 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 or adjacent to the authorized work following completion of construction. 30) The permittee shall exexcise a11 available precautions in the day-to-day operation of the facility to prevent waste from entering the adj acent 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 permi� application, a permit modification and/ar additional authorization from DCM may be required. In addition, any changes in the approved plan may also require a permit modification andlor 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. 32) Development authorized by this permit shall only be conducted on lands owned by NCDOT and/or 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) SOS-2808 ext. 208 to request a preconstri.�ction conference prior to project initia#ion. 34) The N.C. Division of Water Resources {DWR) authorized the proposed project on 4/21/17 {DWR Project No. 20170424} under General Water Quality Certification No. 4093. ,Any violation of the Certifications approved by DWR sha11 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 4/20/17. NOTE: This permit does nat eliminate the need to obtain any additional permits, approvals or authorizations that may be required. NOTE: An application processing fee of $475 was received by DCM for this pxoject. This fee also satisfied the Section 401 application processing fee requirements of DWR.