Draft Permit

Permit Class
NEW
Permit Number
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
for
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,1548 Mail Service Center, Raleigh, NC 27699-1548
Authorizing development in Brunswick County at Town Creek, Bridge No. 61 on NC 133
(TIP No. B-3115) , as requested in the petmittee's application dated 3/12/04 and 4/12/04,
including the attached workplan drawings (11): 2 dated 11/18/03; 3 dated 2/9/04; and 6 dated 2/20/04
This permit, issued on , 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
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B-3115, Bridge Replacement
1) Due to the presence of the endangered Shortnose Sturgeon and other anadromous fish, no in -water or in -
,marsh work shall be conducted from February I' to June 15's of any year without prior approval of the
NC Division of Coastal Management (DCM), in consultation with the NC Division of Marine Fisheries
(DMF) and the NC Wildlife Resources Commission (WRC). For purposes of this mortorium, in -water
is defined as those areas that are inundated at any time during construction, including the waters or
contiguous marsh of Town Creek.
2) In accordance with commitments made within the Categorical Exclusion document dated June 2002,
explosives will not be used in the bridge demolition.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the pennittee 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
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
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #
Page 2 of 2
3) Turbidity curtains shall be used to contain all bottom disturbing activities, including pile or casement
installation, placement of riprap, excavation or filling. The turbidity curtains are to be properly
maintained and retained in the water until construction is complete and turbidity within the curtains
reaches ambient levels. The turbidity curtains shall be installed parallel to the stream banks on each
side of the stream, extend past the construction limits, and attach to the silt fences containing the work
site. The turbidity curtains shall not encircle a work area or extend across the streams. Turbidity
curtains are to be retained in the water until construction is complete and all of the work area contained
by the turbidity curtains has been stabilized by vegetation or other means.
4) In accordance with the note on sheet 8 of 10 of the permit application, no deck drains will be required
Z-- on this structure.
5) In accordance with project commitments made within the Categorical Exclusion document dated June
2002, "Guidelines for Avoiding Impacts to the West Indian Manatee, Precautionary Measures for
Construction Activities in North Carolina Waters" will be used to ensure the project will not adversely
affect the endangered West Indian Manatee. The most recent version of these guidelines, revised
6/2003, shall be followed.
6) The permittee shall implement NC DDT's Stream Crossing Guidelines for Anadromous Fish Passage.
7) The NCDOT document `Best Management Practices for Bridge Demolition and Removal" (final
9/20/99) shall be followed during demolition and construction activities.
8) Debris resulting from demolition of the existing bridge, including deck components, shall not enter
wetlands or waters of the United States, even temporarily.
9) All excavated materials and debris associated with the removal of the existing bridge and temporary
work bridge will be disposed of on an approved upland site.
NOTE: The bridge demolition debris may be suitable for use as artificial reef material. The permittee is
encouraged to contact the Artificial Reef Coordinator, at the NC Division of Marine Fisheries
Morehead City office at [phone] to coordinate review of the suitability of the material
and arrangements for such use.
10) The permanent and temporary work bridges shall be constructed with driven piles. Should drilled shaft
construction or jetting of any bridge piles become necessary, a modification to this permit will be
required.
11) Temporary work bridges or platforms and barge will be utilized for construction access. Use of timber
mats for construction access is not authorized. Dredging in any manner, including "kicking" with boat
y propellers is not authorized.
12) The temporary work bridges shall be removed within 90 days of project completion or within 30 days
of the moratorium end date if the project is completed while the moratorium is in effect.
.813) Existing bridge pilings shall be extracted or removed flush with the streambed.

N.C. Department of Transportation
ADDITIONAL CONDMONS
Permit #
Page 3 of 3
14) No excavated or fill material will be placed at any time in any vegetated wetlands or surrounding
waters outside of the alignment of the fill area indicated on the work plan drawing(s).
15) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands are not authorized.
16) There shall be no clearing or grubbing in wetlands outside of the area indicated on the workplan
drawing(s).
17) No excavation will occur within waters or wetlands of the State.
18) All excavated materials will be confined above normal high water and landward of regularly or
irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of
solids into any wetlands or surrounding waters.
19) The fill material will be clean and free of any pollutants except in trace quantities.
20) Live concrete shall not be allowed to contact the water in or entering into the stream.
21) Placement of riprap shall be limited to the areas as depicted on the attached work plan drawings. The
riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to prevent
its movement from the site by wave or current action. The riprap material must consist of clean rock
or masonry materials, such as but not limited to, granite or broken concrete.
Mitigation
NOTE: This project will permanently impact approximately 0.17 acres of 404 wetlands and will
temporarily impact approximately 0.01 acres of 404 wetlands. This project will permanently
impact <0.01 acres of surface waters and will temporarily impact <0.01 acres of surface waters.
22) In accordance with the 7/22/03 Memorandum of Agreement (MOA) between the N.C. Department of
Transportation (NCDOT), N.C. Department of Environment and Natural Resources (DENR) and the
U.S. Army Corps of Engineers (CJSACE), compensatory mitigation for 0.17 acres of permanent 404
wetland impacts associated with the proposed project shall be provided by the Ecosystem
Enhancement Program (EEP).
23) Due to the possibility that compaction, mechanized clearing and/or other site alterations might prevent
the temporary wetland impact area from re -attaining jurisdictional wetland status, the permittee shall
provide an annual update on the wetland areas temporarily impacted by this project. This annual
update will consist of photographs provided during the agency monitoring report meeting and a brief
report on the progress of these temporarily impacted areas in re -attaining wetland jurisdictional status.
Three years after project completion, the permittee shall schedule an agency field meeting with DCM,
the NC Division of Water Quality and the NC Wildlife Resources Commission to determine if the
wetland areas temporarily impacted by this project have re -attained jurisdictional wetland status. If at
the end of 3 years the wetland areas temporarily impacted by this project have not re -attained
jurisdictional wetland status, NC DCM and the above listed agencies shall determine whether a
compensatory wetland mitigation plan will be required.

N.C. Department of Transportation
►11111"V INU-IF
Sedimentation and Erosion Control
Permit #
Page 4 of 4
24) In accordance with project commitments made within the Categorical Exclusion document dated June
2002, Design Standards for Sensitive Watersheds will be used to ensure the project will not adversely
affect the endangered Shortnose Sturgeon and anadromous fish.
25) The permittee shall follow Best Management Practices for the protection of Surface Waters and
sedimentation and erosion control measures sufficient to protect aquatic resources.
26) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, sand fence, etc.).
27) This project must conform to all requirements of the NC Sedimentation Pollution Control Act and NC
DOT's Memorandum of Agreement with the Division of Land Resources.
28) In order to protect water quality, runoff from the construction must not visibly increase the amount of
suspended sediments in adjacent waters.
29) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
30) The authorized activity will not cause an unacceptable interference with navigation.
31) Any relocation of utility lines that is not already depicted on the attached work plan drawings, or
described within the attached permit application, will require approval by DCM, either under the
authority of this permit, or by the utility company obtaining separate authorization.
NOTE: The permittee's application cover letter states that if final plans result in 404 and/or CAMA
impacts, NCDOT will apply for a Nationwide 12 Permit. However, all utility relocations that are
required due to this project must be approved by DCM, whether or not they result in direct
impacts to wetlands and waters of the state, and/or a Coastal Area Management Act Area of
Environmental Concern (CAMA AEC).
32) If the permittee determines that additional permanent and/or temporary impacts will occur that are not
shown on the attached permit drawings, additional authorization from DCM will be required.
33) This permit does not eliminate the need to obtain any additional permits, approvals or authorizations
that may be required.
34) The N.C. Division of Water Quality (DWQ) has authorized the proposed project under a General
Water Quality Certification (DWQ Project No. 04-0363), which was issued on 3/11/04, Any violation
of the Certification approved by the DWQ will be considered a violation of this CAMA permit.

N.C. Department of Transportation
ADDMONAL CONDITIONS
Permit #
Page 5 of 5
NOTE: The NC Division of Water Quality (DWQ) reviewed the proposed activity of this project for the
applicability of the Stormwater Management rules and determined that the development activity,
as proposed at this site, is not subject to the stormwater requirements as provided for in 15A
NCAC 2H .1000. If at any time in the future, development of any part of this site is planned or if
proposed activities differ in any manner from what is shown on the plans on file with DWQ, you
must submit the project to DWQ and for review and additional authorization from DCM may be
required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit
Number 23 (COE Action ID No. 200300169), which was issued on 8/26/03, and NWP 33 (COE
Action ID No. 200300169), which was issued on 8/26/03
[Have not received this information yet].