HomeMy WebLinkAbout20181250 Ver 1_Ocean Outfall #7, Minor Modification, signed_20181106Pezmit Class
MODIFICATION/MTNOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
' �i�it
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
137-13
Issued to N.C. Department of Transportatian,113 Airport Drive, Suite 104, Edenton, NC 27932
Authorizing development in Dare County at Ocean Outfall #7 at milenvst 21.4, South Old
�gon Inlet Road, South Nagc He �ad_ as requested in the permittee's application dated ��X �,�18, including the
attached workplan drawin�s (2): 1 dated 8/2/18 and 1 dated 5/18/18 & AEC Hazard Notice dated 10/11/1$
This permit, issued on ll/6118 , is subject to compliance with the application (where consistent
with the permit), all appIicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to �nes, imprisonment or civil action; or may cause the permit to be null and void.
1} Unless specifically altered herein, this Minar Modification authorizes the repair and replacement of
appraximately 165 feet of existing damaged pipe sections and existing support structure at Ocean
Outfall #7 with a constructian methodology using a temporary work platform/trestle enclosed in a
temporary steel sheet pile cofferdam, as depicted on the attached workplan drawings.
2) The repaired outfall structure shall not exceed the footprint of the existing outfall structure.
3) In order to protect sea turtle nesting sites, no work seaward of the frontal dune or the first line of
stable natural vegetation, whichever is more restrictive, shall be conducted from May lst to
November 15`" of any year, without prior approval of the N.C. Division af Coastal Management
(DCM}, in consultation with the N.C. Wildlife Resources Carnmission (WRC), the National Park
Service (NPS), and the U.S. Fish and Wildlife Service (USFWS).
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
data.
This permit must he accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2021
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Sign�d by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
. �Cv !/ /-/,� ,��
�J �
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditians are hereby accepted.
Signature of Permittee
N.C. Department of Transportation Permit No. 137-13
Page 2 of 3
ADDITIONAL CONDITIONS �
NQTE: Based upon coordination with appropriate agencies, the activities authorized by this Minor
Modification are allowed to take place prior to 5/31/19. Any work in subsequent years shall
adhere to the full rnoratorium established in Condition No. 3 of this Minar Modification.
4) In accordance with commitznents made by the permittee, beginning when the sea turtle nesting season
starts on May 1, 2019 if the project is not complete, all work shall be conducted during daylight hours,
the permittee shall conduct a sea turtle crawl survey within the project vicinity each morning prior to
any work taking place, and a log shall be generated. If any sea turtle crawl is observed, the permittee
shall stop work and consult with DCM, WRC, NPS and USFWS to identify and implement any required
response prior to any further work taking place.
5} The permittee shall coordinate all future activities at this ocean outfall site with DCM to determine if
additional approvals are required.
6) The permittee and/or its contractor shall install fencing, signs, or similar appropriate measures, to ensure
the area is secured to prevent beachgaers from entering the construction zone, and to warn the public of
potential hazards during repair and construction activities.
7) Nothing in this permit authorizes any activity that has not received approval from NPS, if required, for
wark within the Cape Hatteras Natianal Seashore. The proposed work shall not commence until the
permittee has been issned a Special Use Permit from the NPS, if required, and a copy of the Special Use
Permit is received by DCM.
8} In accordance with comments received from NPS dated 10/24/18, Ramp 1 shall be the designated access
to the beach for heavy equiprnent, staging of equipment shall occur near the Bodie Island maintenance
area, and the Ramp 1 parking area shall not be closed to visitor access.
9) In accordance with cornments received from NPS dated 10/24/18, the permittee and/or its contractor
shaIl at a.il tirnes conduct operations to ensure the least inconvenience to the public while maintaining
public safety. If possible, visitors should have access to the beach from Ramp 1.
10) The work area, including the beach access, shall be restored to pre-project conditions immediately upon
praject completion in each specific area.
I 1) The permittee shall remove all debris and construction material immediately upon project completion.
12) Any waste materials or debris associated with the repair ancl/or maintenance of the existing ocean ou�fall
and associated materiais shall be disposed of at an approved upIand site or shall be recycled in an
environmentally appropriate manner provided appropriate authorizations from any relevant state,
federal, or local authvrities are obtained.
13} The elements of the support structures from the existing ocean outfall that are no longer needed shall be
rernoved in their entirety.
14) Live cancrete shall not be allowed to contact waters of the State or water that will enter waters of the
State.
N.C. Department of Transportation
ADDITIONAL CONDITION5
Temporary Sheet Pile and Teranorarv Work PIatfor�mlTrestle
Permit No. 137-13
Page 3 of 3
15) The temporary sheet piles and temporary work platform/trestle shall be installed securely to rninirnize
the likelihood that they will break loose and become a hazard during any damaging weather even�s that
may occur while the project is underway.
16} The temporary sheet piies and temporary work platforni/trestle shall be removed in its entirety within 7
days after project completion, or within 30 days of written notification from DCM, whichever comes
f rst.
General
17) If it is determined that additional permanent and/or temporary impacts are necessary tlxat are not shown
on the attached workplan drawings or described in the authorization request, a permit madification
and/or additional authorization from DCM may be required. In addition, any changes in the approved
plan rnay also require a permit modification and/or additional authorizatian from DCM. The permittee
shall cantact a representative of DCM prior to commencement of any such activity for this
determination and any permit rnodification.
18) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in
Elizabeth City at (252) 264-3901 to request a pre-construction conference prior to project initiation.
19) The N.C. Division of Water Resources (DWR) authorized the proposed project on 10/5/1 S(DWR
Project No. 20181250) under General Water Quality Certificaiion No. 4132. Any violation of the
Certification approved by DWR shall be considered a violation of this CAMA permit.
20} This Minor Modification does not eliminate the need ta obtain any additional permits, approvals or
autharizations that may be required.
21} This Minor Modiiication shall be attached to the original of Permit No. 137-13, which was issued on
12/20/13, as well as the amendment issued on 3/28/14, and all subsequent letters of refinement and
renewals, and capies of all documents shall be readily available an site when a Division representative
inspects the project for compliance.
22) All conditions and stipulations of the active permit rernain in force under this Minor Modification unless
altered herein.
NOTE:
N4TE:
The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit
Number 3{COE Action ID No. SAW-2015-01812).
A minor modification application processing fee of $100 was received by DCM for this project.