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HomeMy WebLinkAbout20180542 Ver 1_Bridge 249 over Duck Creek, CAMA permit_20180806Permit Class NEW Permit Number 85-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission rrml"t for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C. Department of Transportation, Division 2, P.O. Box 1587, Greenville, NC 27835-1587 Authorizing development in Beaufort County at Duck Creek, Bridge No. 249 on SR 1336 (Hawkins Beach Road) , as requested in the permittee's application dated 6/8/18 (MP-1) and 6/11/18 (MP-5), including the attached workplan drawings (10): 5 dated 6/5/18, 2 dated 6/6/18, and 3 dated 6/28/18. This permit, issued on August 6, 2018 , 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. Bridge Replacement 1) In accordance with commitments made by the permittee, and due to the designation by the N.C. Wildlife Resources Commission of Duck Creek as an Inland Primary Nursery Area, no in -water work shall be conducted between February 15 to September 30 of any year without prior approval of the N.C. Division of Coastal Management (DCM), in consultation with the appropriate resource agencies. (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 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 DEQ and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee N.C. Department of Transportation ADDITIONAL CONDITIONS Permit No. 85-18 Page 2 of 5 2) Turbidity curtains shall be used to isolate all in -water work areas from the adjacent waters of Duck Creek, including but not limited to the existing bridge removal, pile installation, pile removal, and placement of riprap 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 complete, and shall only be removed when turbidity within the curtains reaches ambient levels. 3) The installation and removal 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. 4) Pilings from the existing and temporary bridges, 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. 5) No excavation or filling shall take place at any time in any vegetated wetlands or surrounding waters outside of the alignment of the areas indicated on the attached workplan drawings, without permit modification. 6) All fill material shall be clean and free of any pollutants except in trace quantities. 7) Material excavated 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. 8) With the exception of any material that may be used in fill areas associated with this project, all excavated materials shall be confined above normal water level and landward of regularly or irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids or seepage of effluent into any wetlands or surrounding waters. 9) The temporary placement and double handling of any excavated or fill material within wetlands or waters of the State is not authorized, with the exception of the temporary on -site detour. 10) The placement of riprap shall be limited to the areas as depicted on the attached workpian 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. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 11) All reasonable efforts shall be made to contain all debris and excess materials associated with the removal of the existing bridge and other structures, 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 ADDITIONAL CONDITIONS Permit No. 85-18 Page 3 of 5 12) Any waste materials or debris generated in the demolition and removal of the existing bridge and/or construction 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. 13) The demolition plan for removal of the existing bridge structure shall be submitted to DCM for review and approval prior to commencement of the demolition activities. 14) Uncured concrete shall not be allowed to contact waters of the State, or water that will enter waters of the State. 15) The bridge shall be constructed using top down construction with an onsite detour. Any other construction method may require additional authorization from DCM. 16) All construction access shall be through the use of the existing bridge, the partially constructed new bridge, the temporary on -site detour bridge, and/or existing high ground areas. 17) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State. 18) Bridge deck drains shall not directly discharge into the open waters of Duck Creek, and shall not cause erosion of adjacent wetlands. Utility Impacts NOTE: Construction of the new bridge will also require the relocation of water and telecommunication lines. 19) Utilities shall be installed across Duck Creek 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. 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, shall require approval from DCM, either under the authority of this permit, or by the utility company obtaining separate authorization. NOTE: Plans and specifications for the relocation and/or replacement of water mains must be submitted to the N.C. Division of Water Resources, Public Water Supply Plan Review Section for approval prior to construction. Final approval must be issued before water mains are placed into service. N.C. Department of Transportation ADDITIONAL CONDITIONS Temporary On -Site Detour Permit No. 85-18 Page 4 of 5 21) All temporary fill shall be placed on geotextile fabric to facilitate the total removal upon completion of the project. 22) The temporary detour and associated temporary fill shall be removed in its entirety within 90 days after it is no longer needed and disposed of at an approved high ground site. However, if this timeframe occurs while the moratorium referenced in Condition No. 1 of this permit is in effect, then the temporary detour shall be removed in its entirety within 90 days of the moratorium end date and disposed of at an approved high ground site. Impacts to Wetlands and Waters of the State, Riparian Buffers, and Compensatory Mitigation NOTE: This project will permanently impact approximately 927 square feet of Coastal Wetlands (888 square feet due to permanent fill, and 39 square feet due to excavation). This project will temporarily impact approximately 2,104 square feet of Coastal Wetlands (1,892 square feet due to temporary fill and 212 square feet due to hand clearing). This project will permanently impact approximately 235 square feet of 404 Wetlands (167 square feet due to permanent fill and 68 square feet due to excavation). This project will temporarily impact approximately 2,094 square feet of 404 Wetlands due to fill. This project will permanently impact approximately 12 square feet of surface waters due to fill, and will temporarily impact approximately 531 square feet of surface waters due to fill. 23) No impacts to wetlands or waters of the State due to mechanized clearing are authorized by this permit without prior approval from DCM. 24) There shall be no clearing of Coastal Wetlands outside of the areas indicated on the attached workplan drawings without prior approval from DCM. 25) After the fill material associated with the temporary detour is removed, disturbed areas associated with the temporary detour shall be restored to the pre-existing contour and elevation. Disturbed areas shall be planted with appropriate native species during the first planting cycle following removal of the temporary detour. 26) Due to the possibility that compaction 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 determines 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. N.C. Department of Transportation ADDITIONAL CONDITIONS Sedimentation and Erosion Control Permit No. 85-18 Page 5 of 5 27) 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 28) In accordance with commitments made by the permittee, access to the unimproved boat launch in the northwest quadrant shall be maintained during project construction. 29) During bridge construction, the permittee shall make every attempt to allow the same navigation that is currently possible in Duck Creek downstream of the existing bridge. 30) No attempt shall be made by the permittee to prevent the use by the public of all navigable waters at or adjacent to the authorized work following completion of construction. 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 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) 808-2808 to request a preconstruction conference prior to project initiation. 34) The N.C. Division of Water Resources (DWR) authorized the proposed project on 6/15/18 (DWR Project No. 20180542) under General Water Quality Certification No. 4135, and under the Tar -Pamlico Buffer Rules. 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 14 (COE Action ID No. SAW-2018-00993), which was issued on 5/18/18. NOTE: This Permit does not eliminate the need to obtain any additional permits, approval 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.