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.
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Associated Information: Grant, Memorandum of Understanding
Budget Approval: rj
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Legal Approval:
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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