20090548 Ver 1_Other Documents_20090720

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Permit Class Permit Number
NEW 101-09
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources 1
and Coastal Resources Commission U'
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for
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X Major Development in an Area of Environmental Conce?
pursuant to NCGS 113A-118 P?>p?
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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 Chowan County at Pembroke Creek, Bridge No. 5 on SR 1208
(Wildcat Road) , as requested in the permittee's application dated 5/11/09, including the
attached workplan drawings (13): 6 dated 4/22/09; 3 dated 4/27/09; 3 dated 12/31/08; and 1 dated 2/11/09.
This permit, issued on 7/14/09 , 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-4465, Bridge Replacement
1) In order to protect anadromous fisheries resources in Pembroke Creek, no in-water work shall be
conducted between February 15th to June 15th of any year without prior approval of the N.C.
Division of Coastal Management (DCM), in consultation with the N.C. Wildlife Resources
Commission.
2) The permittee shall implement the N.C. Department of Transportation's (NCDOT's) Stream
Crossing Guidelines for Anadromous Fish Passage.
3) No vegetated wetlands or waters of the State shall be excavated, without permit modification.
4) All fill material shall be clean and free of any pollutants except in trace quantities.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the pennittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be 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
No expiration date, pursuant to GS 136-44.713
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 the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
N.C. Department of Transportation Permit #101-09
Page 2 of 5
ADDITIONAL CONDITIONS
5) All fill'material shall be obtained from an upland source.
6) t; No fill inaterial 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.
7) 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 the removal of the existing bridge,
roadway asphalt and associated materials.
8) Live concrete shall not be allowed to contact the water in or entering into Pembroke Creek, or the
adjacent wetlands.
9) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State.
10) The bridge shall be constructed using top down construction methodologies with an off site detour. Any
other construction method may require additional authorization from the Division.
11) Wetlands shall not be crossed in transporting equipment to the project site, without prior approval from
the Division.
12) Unless specifically altered herein, the N.C. Department of Transportation's (NCDOT's) document "Best
Management Practices for Bridge Demolition and Removal" (final 9/20/99) shall be followed during
both demolition and construction activities.
13) Pilings from the existing bridge, as well as any remnant pilings from previous bridges, shall 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.
14) 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 pile installation,
such as jetting or drilled shaft construction, additional authorization from DCM shall be required.
15) All materials and debris associated with the removal and/or construction of the existing and/or new
bridge, existing and/or new causeway. and associated materials shall not enter wetlands or Waters of the
State, even temporarily. Any such material 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.
16) 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.
The riprap material shall consist of clean rock or masonry materials such as, but not limited to, granite,
marl or broken concrete.
N.C. Department of Transportation Permit #101-09
Page 3 of 5
ADDITIONAL CONDITIONS
17) Bridge deck drains shall not be located over open waters and shall not cause erosion of adjacent
wetlands.
Utility Impacts
NOTE: The construction of the new bridge will also require the relocation of existing utilities for
telephone, power and water.
18) Any relocation of utility lines that is not 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.
19) In accordance with workplan drawings submitted by the permittee, subaqueous lines shall be placed a
minimum of three feet below the stream bed.
20) The relocation of existing utilities for telephone, power and water shall be installed using a horizontal
directional bore drilling method. Entry and exit points of this activity, including disposal of material
from the drilling activity, shall be outside of all wetlands and waters of the State.
21) The relocation of existing utilities for telephone, power and water shall not result in any permanent or
temporary impacts to wetlands or waters of the State, without permit modification.
NOTE: The replacement or relocation of water mains shall require plans and specifications to be
submitted to the N.C. Department of Environmental Health Public Water Supply Plan Review
Section for review and approval prior to construction.
NOTE: The Chowan County Water Department and the Town of Edenton have water service in this area.
The Director of Chowan County Water and the Town of Edenton Public Works Director should
be contacted to determine precise locations and coordinate that construction does not affect
utility piping or services to customers.
Impacts to Wetlands and Waters of the State
NOTE: This project will permanently impact approximately 0.30 acres of riparian 404 wetlands due to
fill. This project will temporarily impact approximately 0.35 acres of 404 wetlands due to hand
clearing. The wetland community directly impacted by this project is Cypress-Gum hardwood
swamp forest.
NOTE: In accordance with the Ecosystem Enhancement Program (EEP) letter dated 4/30/09,
compensatory mitigation for permanent impacts of 0.30 acres of riparian wetlands associated
with the authorized project shall be provided by the EEP.
22) Fill slopes in wetlands shall be 3:1 or steeper.
23) There shall be no clearing of wetlands outside of the areas indicated on the attached workplan drawings
without prior approval from the Division.
N.C. Department of Transportation Permit #101-09
Page 4of5
ADDITIONAL CONDITIONS
24) Wetland areas shall not be grubbed.
25) Within the areas where existing causeway fill material is removed due to the additional length of the
new bridge, the areas shall be restored to the approximate natural elevation of the adjacent, similar
undisturbed wetlands.
Sedimentation and Erosion Control
26) Turbidity curtains and silt fences shall be used to isolate all work areas from Pembroke Creek, including
pile installation and removal, 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 and effectiveness to prevent a visible increase in the amount of suspended
sediments in adjacent waters. The turbidity curtains shall not fully encircle the work area or extend
across Pembroke 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.
27) 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.).
28) 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 Division of
Land Resources.
29) The permittee shall follow "Best Management Practices for the Protection of Surface Waters".
30) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
Stormwater Management
31) The N.C. Division of Water Quality (DWQ) confirmed in a letter dated 4/9/09 (SW7090324) that the
subject project is excluded from State Stormwater permitting requirements as set forth in Section 2(d)(1)
of Session Law 2008-211, effective October 1, 2008, and the stormwater rules under Title 15A NCAC
2H.1000, as amended.
General
32) 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.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #101-09
Page 5 of 5
33) During bridge construction, the permittee shall make every attempt to maintain the same navigation that
is currently possible in Pembroke Creek, upstream and downstream of the existing bridge. If this is not
possible, then adequate notice shall be provided to the public that navigation will be limited during
construction. The notice shall include an estimate of the amount of time that the limited navigation will
occur.
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 pennittee shall contact a representative of DCM prior to commencement of any such
activity for this determination and any permit modification.
36) Development authorized by this permit shall only be conducted on lands owned by the N.C. Department
of Transportation and/or its Right-of-Ways and/or easements.
37) The permittee and/or his contractor shall contact the DCM Transportation Field Representative in
Elizabeth City to request a preconstruction conference prior to project initiation.
38) The N.C. Division of Water Quality (DWQ) authorized the proposed project on 5/14/09 (DWQ Project
No. 20090548) under General Water Quality Certification Nos. 3699 and 3701. Any violation of the
Certification approved by DWQ 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-2008-0597), which was issued on 5/19/09.
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required.