20070250 Ver 1_Information Letter_20091125

I- 6d56
Permit Class
NEW
(EMERGENCY) STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
vrrmt
for
? Permit Number
149-09
401,
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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, Suite 100, Edenton, NC 27932
Authorizing development in Dare County at adj. Atlantic Ocean, NC Highway 12, Pea'
Island National Wildlife Refuge , as requested in the permittee's application dated 11/18/09 met. the attached
drawines (2): 1 dated 11/17/09 and I dated as received on 11/18/09; and attached AEC Hazard Notice dated 11/18/09.
This permit, issued on November 18. 2009 , 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.
Roadwav Relocation with Sandbags and Dune Reconstruction
I) Unless specifically altered herein, this permit authorizes the roadway relocation, sandbag repair and extension
and dune reconstruction activities that are specifically referenced in the attached permit application and
workplan drawings. Any additional development activities may require additional authorization.
2) In order to protect sea turtle and shorebird populations, as well as finfish and invertebrates in the surf zone. all
work on the ocean beach or oceanward of the dunes shall be conducted outside of the sea turtle nesting season
of May I" to November 15'h of any year. If the permittee determines that these timing restrictions cannot be
met, the permittee shall obtain approval from the N.C. Division of Coastal Management and the United States
Fish and Wildlife Service, in consultation with the N.C. Wildlife Resources Commission prior to conducting
work between May I" and November 15th.
(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. 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
February 12, 2014
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 DENK and tile
Chairman of the Coastal Resources Commission.
_"Cr
\,' W James H. egson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
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Signature of Permittee
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #149-09
Page 2 of 3
3) Nothing in-'this permit authorizes any activity that has not received approval from the U.S. Fish and
Wildlife Service (USFWS) for work within the Pea Island National Wildlife Refuge. Should additional
authorization from the USFWS be required for any portion of the authorized project, the permittee shall
obtain this authorization prior to initiating that portion of the project.
4) The waterward toe of the reconstructed dunes shall be staked by the permittee and approved on site by a
representative of DCM, in consultation with the U.S. Fish and Wildlife Service, within a maximum of 7
days prior to the start of dune construction. Failure to initiate construction within 7 days, or further
severe erosion of the shoreline.by adverse weather conditions shall require the alignment to be restaked
and re-approved within a maximum of 7 days prior to the new expected start of construction.
5) The material used to fill the sandbags shall be clean and free of any pollutants except in trace quantities.
6) All old bags and sand bag remnants shall be removed from the project site prior to the placement of sand
for dune reconstruction purposes.
7) The repair and replacement of the existing sandbag structure, the incremental extension of the sandbag
structure, and the removal of these sandbags shall all conform to the use standards found in 15A NCAC
07H.0308(a)(2).
8) Any waste materials or debris generated in the demolition and removal of the existing
roadway 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.
NOTE: The permittee is advised that DCM shall regulate the removal of existing sandbags and the
placement of new sandbags in accordance with 15A NCAC 07H.0308(a)(2)(F), or in accordance
with any variances granted by the N.C. Coastal Resources Commission.
Sedimentation and Erosion Control
9) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands or properties (e.g. silt fence, diversion
swales or berms, etc.).
10) 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.
11) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
General
Permit #149-09
Page 3 of 3
NOTE: In accordance with 15A NCAC 07H.0308(a), no seawall or riprap revetments shall be allowed
in the future should the relocated roadway become threatened from erosion. The permittee is
strongly encouraged to implement a more permanent transportation solution for this section of
highway.
12) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State.
13) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters without permit modification.
14) If it is determined that additional permanent and/or temporary impacts (such as but not limited to
temporary access roads and detours) 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 permittee shall contact a
representative of DCN1 prior to commencement of any such activity for this determination and any
permit modification.
15) Any relocation of utility lines that is not already depicted on the attached work plan drawings, or
described within the attached permit application, shall require approval by DCM, either under the
authority of this permit, or by the utility company obtaining separate authorization.
161 Development authorized by this permit shall only be conducted on lands owned by the N.C. Department
of Transportation and/or within NCDOT Right-of-Ways and/or easements.
17) 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.
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required, including but not limited to any required permits from the
N.C. Division of Water Quality and/or the U.S. Army Corps of Engineers.