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HomeMy WebLinkAbout1990-06-25 90-256 ORDERDate `6-25-90U Item N00-256 Item/Subject: Authorizing Acceptance of Conditions Under MOT/DEP Memorandum of Understanding -- Bull's Eye Bridge Project Responsible Department: Commentary: The purpose of this Order is to agree to proceed with construction 'work for the relocation of the interceptor sewer necessitated by the Bull's Eye Bridge Project, i accordance withanagreement for such purposes between MOOT and DEP. By accepting the conditions imposed in the referenced Memorandum of Understanding the necessity of a stream alteration permit will be avoided. wFaro r1k d pMannner s 'sComments: �j gtjaA D 1 ur.a �II Ns� City Mnoo Ss Associated Information: Grant, Memorandum of Understanding Budget Approval: rj u Duloll Legal Approval: cityso ar Intr used For passage First Reading page — of ❑ Referral 90-256 Aempedto Counelor Blanchette, June 25, 1990 CITY OF BANGOR (TITLE.) wVE1brer,...... Authorizing Acceptance of Conditions Under MDO'f/pEP',. Memorandum of Understanding_-_ pull's Eye Bridge Project BY Us City Coonan of W afy of Deemer: ORDERED, THAT the City Engineer is hereby authorized, on behalf of the City of Bangor, to agree to perform the necessary construction work for the relocation of the interceptor sewer as necessitated by the Bull's Eye Bridge Project in accordance with a Memorandum of Understanding, dated May B and May 10, 1990, between Dana F. Connors, Commissioner, Department of Transportation, and Dean C. Marriott, Commissioner, Department of Environmental Protection, a copy of said Memorandum being on file in the office of the City Clerk. IN CITY COUNCIL June 25, 1990 Referred to Municipal operations Committee. l CITY CCERR In City Council July 09.1990 Passed O1c Clerk 90-256 ORDER Title, Autfiorizluy Accepcame of Condltion8 Under MDOWDEP Memorandum of Understanding Eye Bridge ero}ecc..... COnOCi Lli3n 90-356 -Memorandum of Understanding Regarding Transportation Projects and the Natural Resources Protection Act Whereas, The Second Regular Session of the 114th Legislature has amended the Natural Resources Protection Act (NRPA) (38 MRSA 480-A at seq.) effective April 10, 1990 so as to allow certain transportation improvements that affect regulated resources to proceed without an individual permit from the Department of Environmental Protection (DEP); and Whereas, it is the intent of the Legislature to insure that presently delayed and pending routine highway and bridge projects be initiated this construction season; and Whereas, the Legislature has directed the Department of Transportation (DOT) to meet certain conditions for any project undertaken that would previously have required an individual permit but which now does not; and Whereas, it is the intent of both DEP and DOT to work cooperatively to protect. Maine's natural resources while conducting public transportation activities in a timely, cost-effective manner; and Whereas, the Legislature has directed the commissioner of DRP and the Commissioner of DOT to enter into a memorandum of understanding regarding these projects. Therefore, the DEP and DOT agree as follows: 1. This Memorandum of Understanding (MOU) shall pertain to all DOT activities defined in the amended NRPA (38 MRSA 480-R (8)(A) and 480 - T). 2. For the purposes of this MOU, these activities shall be called "transportation general permit activities". 3. This MOU shall apply to all transportation general permit activities advertised or initiated prior to February 15, 1991, including those for which NRPA permit applications have been submitted. 4. This MOU shall not apply to DOT projects processed under Permit by Rule standards (Chapter 305) as they will continue to be conducted in compliance with those Standards. 5. This MOU shall not apply to DOT reconstruction or replacement projects that affect coastal wetlands or coastal sand dunes as stipulated in the NRPA (38 MRSA 480-T) as they will continue to be regulated under Permit By Rule Standards or individual NRPA permit conditions. 6. All projects undertaken Pursuant to the amended NRPA (38 MRSA 480-T) shall meet the following conditions: a. These projects will he performed in a manner consistent with the intent of the NRPA and in compliance with applicable rules adopted by the Board of Environmental Protection (Board); b. These projects will not unreasonablyharm natural resources protected by the NAPA; C. These projects will employ erosion control measures so as to prevent unreasonable sedimentation of any surface waters; this will be accomplished by conforming with the MMT Standard Specifications, Highways and Bridges (Rev. July 1988), by Special Provisions or Supplemental Specifications if necessary, or by other Best Management Practices that are appropriate for the type and scope of work and achieve the mandated results. d. Theseprojects will not block any fish passage in any watercourse beyond what restrictions may already exist and when feasible will improve passage if transportation related restrictions exist. e. These projects will not result in any excessive intrusion into natural resources protected by the NRPA. 7. DOT will .notify DEP prior to beginning the construction_ of any projects subject to the amended NAPA (38 MESA 480-B (8)(A) and 480-T) by means of a General Permit Notification Form, location map, and documentation of amount of wetland fill. 8. This MOU will end on February 15, 1991 for all transportation improvements except for reconstruction or .replacement projects that have been advertised prior to February 15, 1991. 9. The DOT shall use its ongoing Environmental Coordination and Permitting System (ECAPS) effort to work cooperatively with DEP to develop proposed rules for the Board's consideration in time for adoption by February 15, 1991 in accordance with the requirements of the amended NAPA (38 MRSA 480-H (1)(A -C)). 10. All transportation projects, whether regulated under Permit By Rule, transportation general permit, or individual permit, shall be coordinated prior to construction with the Department of Inland Fisheries and Wildlife, the Department of Marine Resources, the Atlantic Sea Run Salmon Commission, the Division of Environmental Evaluation and Lake Studies (DEP), and the Bureau of Land Quality Control (DEP) as applicable, in accordance with the draft SOAPS. 11. DEP personnel will contact when possible the appropriate DoT person on site in charge of any activity at the time of inspecting any transportation project and DOT will supply DEP with current lists of these people in accordance with current DOT Environmental Compliance Coordination Policy and Procedure. 12. Should any environmental problems be identified during such inspections, DOT will initiate remedial action immediately unless there is substantive disagreement whereupon the matter shall be promptly referred to the appropriate Augusta offices of DEP and DOT for resolution. Dana F. ConnolG�2=iSSioner Department of Transportation Date Dean C. Marriott, Commissioner Department of Environmental Protection 10 Date