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Home My WebLink About20050785_DCM Permit_20090227---------------- Permit Class Permit Number MODIFICATION/NIINOR 29-07 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit 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 1598 Mail Service Center, Raleigh NC 27699-1598 Authorizing development in Beaufort County at a new crossing of the Tar River as part of the US 17 bypass of the City of Washington as requested in the permittee's application dated 1/27/09 itcluding the aaached memo from Flaumn(Unhed dated 11/20%one 11X17 drawing dated 1/26(09, a pile driving uia'dule, and memo dared 7/19/119. This permit, issued on February 20, 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. Modification of In-Water Work Moratorium 1) In order to protect anadramous fisheries resources, the in-water work moratorium listed in Condition No. 1 of the original of Permit 29-07 is hereby modified to allow stump removal at the bent locations to take place through April 30'", 2009. Additional in-water work may take place between the date of this modification and April 30'h 2009 provided that a) the permittee first develop, in coordination with the WRC and DMF, a study methodology and implementation plan that will evaluate the impacts of the authorized activity on anadramous fish utilizing the waters of the Tar River at and adjacent to the project site, and b) all work is carried out in strict compliance with the procedures and guidelines set forth in the permittee's 11/20/08, 1/27/09, and 2/19/09 memos. Prior to any in-water pile driving work between the date of this modification and April 30, 2009, a copy of this study plan shall be submitted to the Division of Coastal Management for approval, in coordination with DMF and WRC. The permittee is encouraged to develop and submit this study plan to DCM at its earliest convenience to allow adequate review time. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site Department ? personnel when the project is inspected for compliance. James V. Gregson, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. No Expiration Date, pursuant to GS 136-44.7B In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Signature of Pennittee Management Program. N.C. Department of Transportation TIP No. R-2510B ADDITIONAL CONDITIONS Permit # 29-07 Page 2 of 2 2) Once a study plan, which shall include specific fish mortality limits, is submitted to and approved by DCM, the in-water pile driving work in the Tar River shall only occur once per week with a total driving time not to exceed 4 hours per week between February 15th and April 30`", unless additional authorization is received from DCM. 3) This minor modification must be attached to the original of Major Permit # 29-07, along with all subsequent modifications and/or refinements, and copies of all documents must be readily available on site when a Division representative inspects the project for compliance. 4) All conditions and stipulations of the active permit remain in force under this minor modification unless specifically altered herein. 5) The permittee and/or contractor shall contact the DCM Transportation Field Representative to schedule a pre-construction conference prior to any in-water pile driving work within the Tar River between between the date of this modification and April 30, 2009. NOTE: This permit does not eliminate the need to obtain any additional state, federal, or local permits, approvals, or authorizations that may be required, including, but not limited to, any authorizations required from the US Army Corps of Engineers. N.C. Department of Transportation TIP No. R-2510B ADDITIONAL CONDITIONS Permit # 29-07 Page 2 of 2 2) Once a study plan, which shall include specific fish mortality limits, is submitted to and approved by DCM, the in-water pile driving work in the Tar River shall only occur once per week with a total driving time not to exceed 4 hours per week between February 15th and April 30°i, unless additional authorization is received from DCM. 3) This minor modification must be attached to the original of Major Permit # 29-07, along with all subsequent modifications and/or refinements, and copies of all documents must be readily available on site when a Division representative inspects the project for compliance. 4) All conditions and stipulations of the active permit remain in force under this minor modification unless specifically altered herein. 5) The permittee and/or contractor shall contact the DCM Transportation Field Representative to schedule a pre-construction conference prior to any in-water pile driving work within the Tar River between between the date of this modification and April 30, 2009. NOTE: This permit does not eliminate the need to obtain any additional state, federal, or local permits, approvals, or authorizations that may be required, including, but not limited to, any authorizations required from the US Army Corps of Engineers.