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HomeMy WebLinkAbout20150751 Ver 2_CAMA permit_20190323Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission �errr�it for Permit Number 142-15 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, 113 Airport Drive, Edenton, NC 27932 Authorizing development in Hvde County at Smith Creek, Bridge No. 36 on SR 1143 (Sladesville-Credle Roadl , as requested in the permittee's application dated 7/17/15 (MP_1�, R/15/15 (MP-2) and 8/14/15 (MP-5), including the attached workplan drawings (4) as referenced in Condition No. 1 of this permit. This permit, issued on 72/R/15 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, specia► 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. Bridae Replacement 1) All work authorized by this permit shall be carried out in accordance with the following attached workplan drawings (4), unless specifically altered herein: 2 dated as received 8/19/15, 1 dated 6/11/15,and 1 dated 9/28/15. 2) No vegetated wetlands or waters of the State shall be excavated, without permit modification. 3) No fill material 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. 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 permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on-site to Deparhnent 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, 2018 In issuing this permit, the State oF Nor[h Carolina agrees that your project is wnsistent with the North Carolina Coastal Management Program. Signature of Permittee Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. , �..�.G. vy,� �/�G i � Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. N.C. Department of Transportation Permit #142-15 Page 2 of 4 ADDITIONAL CONDITIONS 5) In accordance with commitments made by the permittee in the permit application, there shall be no deck drains located on the new bridge. 6) Material excavated from high ground areas 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. 7) All excavated materials shall be confined above normal water level and landward of regularly or inegularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or sunounding waters. 8) The bridge shall be constructed using top down construction with an offsite detour. Any other construction method may require additional authorization from the N.C. Division of Coastal Management (DCM). 9) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State. 10) All construction access shall be through the use of the existing bridge, the partially constructed new bridge, and existing high ground areas. 11) The installation and removal of the piles for the new bridge and existing bridge 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. 12) Pilings in open water 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 bridge piling breaks during removal and cannot be removed in its entirety, the bridge 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. 13) The placement of riprap shall be limited to the azeas 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. 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. 15) Any waste materials and debris associated with construction, demolition, or other activities 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) Live concrete 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 CONDITIONS Permit #142-15 Page 3 of 4 Impacts to Wetlands and Waters of the State and Comoensatory MitiEation NOTE: This project will impact approximately 1,481 square feet of Coastal Wetlands due to permanent fill. This project will impact approximately 200 square feet of Coastal Wetlands due to permanent hand clearing and will impact approximately 1,419 square feet of Coastal Wetlands due to temporary hand clearing. This project will impact approximately 121 square feet of surface waters due to permanent fill. NOTE: In accordance with the Division of Mitigation Services (DMS) letter dated 7/23/15, compensatory mitigation for permanent impacts of 0.038 acres of coastal marsh wetlands associated with the authorized project shall be provided by DMS in accordance with the In-Lieu Fee Insh�unent dated 7/28/10. 17) The permittee shall implement appropriate measures, including but not necessarily limited to, appropriate cleaning of equipment prior to its arrival on the project site, in order to prevent the introduction of invasive species such as Phragmites into the project area. 18) There shall be no clearing of wetlands outside of the areas indicated on the attached workplan drawings without prior approval from DCM. 19) Due to the possibility that hand clearing 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. Within three years after project completion, the permittee shall hold an 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 determines that the Coastal Wetland azeas temporarily impacted by the project have not re-attained pre-project wetland functions, DCM will determine whether compensatory wetland mitigation shall be required. Utilitv Impacts NOTE: The construction of the new bridge will also require the temporary relocation of an overhead power line and a support pole. 20) The temporary utility power line relocation shall not result in any permanent or temporary impacts to wetlands or waters of the State, without permit modification. 21) Any utility work associated with this project 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. N.C. Department of Transportation ADDITIONAL CONDITIONS General Permit #142-15 Page 4 of 4 22) 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. 23) 24) 25) During bridge construction, the permittee shall make every attempt to maintain the same navigation that is currently possible in Smith Creek, upstream and downstream of the existing bridge. 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. 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. 26) 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 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. 27) 28) Development authorized by this permit shall only be conducted on lands owned by the NCDOT and/or its Right-of-Ways and/or easements. The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in Elizabeth City at (252) 264-3901 to request a preconstruction conference prior to project initiation. 29) The N.C. Division of Water Resources (DWR) authorized the proposed project on 8/14/15 (DWR Project No. 20150751) under General Water Quality Certification Nos. 3883 and 3884. Any violation of the Certification approved by DWR shall be considered a violation of this CAMA permit. NOTE: NOTE: NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit Number 3 and Nationwide Permit Number 12 (COE Action ID No. SAW-2015-01879), which was issued on 9/15/15. This permit does noteliminate the need to obtain any additional permits, approvals or authorizations that may be required. 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.