108-22 NCDOT Adams Creek Road CAMA Permit

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
rrmtt
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
Permit Number
108-22
Issued to N.C. Department of Transportation, 1037 W.H. Smith Blvd, Greenville, NC 27834
Authorizing development in Craven County at Clubfoot Creek on SR 1700 Adams. Creek
Road , as requested in the permittee's application dated-8/2/22, including the
attached work lan drawings 20 : 13 dated 8/2/22• and 7 dated 7/12/22.
This permit, issued on October 7 2022 , 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.
Replace Culvert and Increase Road Elevation
1) Due to the classification of Clubfoot Creek as a Primary Nursery Area, no in -water work shall be
conducted from April 1 st through September 30th of any year without prior approval of the N.C.
Division of Coastal Management, in consultation with the appropriate resource agencies.
2) In order to protect the endangered West Indian Manatee, Trichechus manatus, the permittee shall
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements
therein. The guidelines can be found at https://www.fws.P-ovlraleiah/pdfs/ManateeGuideIines2Ol7.pdf.
3) No excavation or filling shall take place at any time in any vegetated wetlands or surrounding waters
outside of the alignment of the areas indicated on the attached workplan drawings, without permit
modification.
(See attached sheets for Additional Conditions)
i ms permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
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 136-44.713
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 DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

N.C. Department of Transportation Permit No. 108-22
Page 2 of 5
ADDITIONAL CONDITIONS
4) Prior to the initiation of any excavation, fill and/or spoil disposal activities, the permittee shall notify the
DMF Shellfish Sanitation and Recreational Water Quality Section at [phone] to determine if a
temporary shellfish closure is required.
5) Material excavated at the project site may be used in fill areas associated with the project once properly
dewatered or shall be removed from the site and taken to a high ground location.
6) All excavated materials shall 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.
7) The temporary placement and double handling of any excavated or fill material within wetlands or
waters of the State is not authorized.
8) All pipe and culvert inverts shall be buried at least one foot below normal bed elevation to allow for
passage of water and aquatic life when they are placed within the Public Trust Area of Environmental
Concern (AEC) and/or the Estuarine Waters AEC as designated by the Coastal Area Management Act
(CAMA). Culverts placed in wetlands are not subject to this requirement.
9) All pipes and culverts placed within wetlands shall be installed in a manner that does not restrict the
flows and circulation patterns within waters of the State. All pipes and culverts placed across wetland
fills for the purpose of equalizing surface water shall not be buried.
10) The permanent retaining walls shall be structurally tight so as to prevent seepage of fill materials
through the structure.
11) The permanent retaining walls shall be in place prior to any backfilling activities.
12) All fill material shall be clean and free of any pollutants except in trace quantities.
13) The temporary steel sheet pile dikes shall not be installed during the in -water work moratorium.
However, once the area inside the steel sheet pile dikes is dewatered, work may occur inside that area
during the moratorium.
14) The temporary steel sheet pile dikes shall be removed in their entirety within 90 days after they are no
longer needed, or within 30 days of written notification from DCM, whichever comes first. However, if
this timeframe occurs while the moratorium referenced in Condition No. 1 of this permit is in effect,
then the temporary steel sheet pile dikes shall be removed in their entirety within 30 days of the
moratorium end date. Deviation from this condition shall require additional authorization from DCM, in
consultation with the appropriate resource agencies.
15) The placement of riprap shall be limited to the areas as depicted on the attached workplan drawings.
The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities.
The riprap material shall consist of clean rock or masonry materials, such as but not limited to, granite,
marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the approved
alignment by wave or current action.

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit No.108-22
Page 3 of 5
16) All construction access shall be through the use of the existing roadway, existing high ground areas and
construction mats within wetland areas.
17) All reasonable efforts shall be made to contain all debris and excess materials associated with removal
of the existing culvert and construction of the new culvert, any other existing structures, with the intent
that materials/debris do not enter wetlands or waters of the State, even temporarily.
18) Any waste materials or debris generated in the demolition and removal of the existing culvert and/or
construction of the new culvert or roadway, shall be disposed of at an approved upland site or shall be
recycled in an environmentally appropriate manner provided appropriate authorizations are obtained
from any relevant state, federal, or local authorities.
19) Uncured concrete shall not be allowed to contact waters of the State, or water that will enter waters of
the State.
20) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State.
Ln acts to Wetlands and Waters of the State
21) Construction mats shall be utilized to support equipment within Coastal Wetland areas to minimize
temporary wetland impacts. These mats shall be removed immediately when they are no longer
necessary.
22) There shall be no clearing of wetlands outside of the areas indicated on the attached workplan drawings
without prior approval from DCM.
23) Wetland areas to be temporarily impacted by clearing shall not be grubbed.
24) In accordance with commitments made by the permittee, compensatory mitigation for permanent
impacts to 0.07 acres of Coastal Wetlands shall be provided at a 1:1 ratio with Brackish Marsh
Restoration credits located at the Lengyel Mitigation Site in Craven County.
25) Due to the possibility that hand clearing and/or other site alterations might prevent the temporary
Coastal Wetland impact areas from re -attaining pre -project wetland functions, the permittee shall
provide an annual update on the Coastal Wetland areas temporarily impacted by this project. This
annual update shall consist of photographs and a brief written report on the progress of these temporarily
impacted areas in re -attaining their pre -project wetland functions. The permittee shall schedule a
meeting with DCM to verify the extent and location of temporary impacts upon project completion.
Within three years after project completion, the permittee shall hold another agency field meeting with
the N.C. Division of Coastal Management (DCM) to determine if the Coastal Wetland areas temporarily
impacted by this project have re -attained pre -project wetland functions. If at the end of three years
DCM determines that the Coastal Wetland areas temporarily impacted by the project have not re -
attained pre -project wetland functions, DCM will determine whether compensatory wetland mitigation
shall be required.

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Utility Impacts
Permit No. 108-22
Page 4 of 5
26) Any utility work associated with this project that is not specifically depicted on the attached workplan
drawings, or described within the attached permit application, shall require approval from DCM, either
under the authority of this permit, or by the utility company obtaining separate authorization.
27) Plans and specifications for the relocation of water lines shall be submitted to the N.C. Division of
Water Resources, Public Water Supply Section, for approval prior to initiation of construction on the
water line as per 15A NCAC 18C .0300.
NOTE: Replacement of the culvert will also require relocation of telecommunications and electric utility
lines.
Sedimentation and Erosion Control
28) 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 N.C. Division of
Energy, Mineral and Land Resources.
29) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
General
30) The temporary detour lanes and temporary power poles shall be removed in their entirety within 90 days
after they are no longer needed, or within 30 days of written notification from DCM, whichever comes
first.
31) No attempt shall be made by the permittee to prevent the use by the public of all navigable waters at or
adjacent to the authorized work following completion of construction.
32) The permittee shall exercise all available precautions in the day-to-day operation of the facility to
prevent waste from entering the adjacent waters and wetlands.
33) If it is determined that additional permanent and/or temporary impacts 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 may 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 DCM prior to commencement of any such activity for
this determination and any permit modification.
34) Development authorized by this permit shall only be conducted on lands owned by NCDOT, appropriate
utility entities, and/or its Right -of -Ways and/or easements.

N.C. Department of Transportation Permit No. 108-22
Page 5 of 5
ADDITIONAL CONDITIONS
35) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in
Morehead City at [phone] to request a preconstruction conference prior to project initiation.
36) The N.C. Division of Water Resources (DWR) authorized the proposed project on 9/6/22 (DWR Project
No. 20220910) under General Water Quality Certification No. 005059 and under the Neuse Riparian
Buffer Rules. Any violation of the Certification approved by DWR shall be considered a violation of
this CAMA permit.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit
Number 3 (COE Action ID No. SAW-2022-01492), which was issued on 9/14/22.
NOTE: This project will permanently impact approximately 2,772 square feet of Coastal Wetlands (562
square feet due to excavation and 2,210 square feet due to fill) and will temporarily impact
approximately 6,315 square feet of Coastal Wetlands due to hand clearing. This project will
permanently impact approximately 537 square feet of 404 Wetlands (29 square feet due to
excavation and 508 square feet due to fill) and will temporarily impact approximately 1,821
square feet of 404 Wetlands due to mechanized clearing, and approximately 10,468 square feet
of Section 404 Wetlands due to hand clearing. This project will permanently impact
approximately 11 square feet of surface waters due to fill and will temporarily impact
approximately 570 feet of surface waters.
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required.
NOTE: An application processing fee of $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of DWR.