111-22 NCDOT SR 1128 Oyster Creek Road

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Verint"t
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
111-22
Issued to N.C. Department of Transportation, 113 Airport Road, Edenton NC 27932
Authorizing development in Hyde County at roadside canal SR 1128 Oyster Creek
Road , as requested in the permittee's application dated 7/7/22 (MP-1) and
6/8/22 (MP-2), including the attached workl2lan drawing 1 dated 5/24/22.
This permit, issued on October 13 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.
Shoreline Stabilization
1) The alignment of the authorized riprap revetment shall be staked by the permittee and approved by a
representative of the N.C. Division of Coastal Management (DCM) within a maximum of 30 days
prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the
shoreline by adverse weather conditions shall require the alignment to be restaked by the permittee
and re -approved by DCM within a maximum of 30 days prior to the new expected start of
construction.
2) The authorized riprap revetment shall be positioned so as not to exceed a maximum distance of 8 feet
waterward from the normal water level at any point along its alignment at the time of construction.
(See attached sheets for Additional Conditions)
i nis 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
December 31, 2025
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 Reso ces Commission.
f,
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 #111-22
Page 2 of 3
ADDITIONAL CONDITIONS
3) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification.
4) No fill material shall be placed at any time in any surrounding waters outside of the alignment of the fill
areas as indicated on the attached workplan drawing, without permit modification.
5) Placement of rip rap shall be limited to the areas as depicted on the attached workplan drawing. The
riprap shall be free from loose dirt or any pollutant except in trace quantities. The riprap shall be of a
size sufficient to prevent its movement from the approved alignment by wave or current action. If the
riprap becomes dislodged from the approved alignment at any point in the future, the permittee shall
immediately contact DCM to determine the appropriate course of action.
6) Filter fabric shall be in place prior to the placement of any riprap and/or backfill, and the riprap
revetment shall be in place prior to any backfilling activities.
7) All backfill material shall be obtained from a high ground source. No unconfined backfill shall be
discharged into waters of the State. The fill material shall be clean and free of any pollutants except in
trace quantities.
8) The temporary placement and/or double handling of fill materials within waters or vegetated wetlands is
not authorized.
9) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State.
Sedimentation and Erosion Control
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 N.C. Division of
Energy, Minerals, and Land Resources.
11) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and properties (e.g. silt fence,
diversion swales or berms, etc.).
General
13) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work following completion of construction activities.
14) The permittee and/or his contractor shall contact the DCM Transportation Project Field Representative
in Elizabeth City at [phone] to request a preconstruction conference prior to project initiation.

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #111-22
Page 3 of 3
15) The permittee shall exercise all available precautions in the day-to-day operations of the project site to
prevent waste from entering the adjacent waters and wetlands.
16) The permittee understands and agrees that, if future operations by the United States require the removal,
relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the
Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee will be required, upon due
notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made against the
United States on account of any such removal, relocation, or alteration.
17) 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 and/or USACE shall be required. In addition,
any changes in the approved plan may also require a permit modification and/or additional authorization
from DCM and/or USACE. The permittee shall contact representatives of DCM and USACE prior to
commencement of any such activity for this determination and any permit modification.
18) This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals
or authorizations that may be required.
19) This permit incorporates all of the conditions contained within the U.S. Army Corps of Engineers
(USACE) authorization issued under Regional General Permit Number 198000291 (COE Action ID No.
SAW-2022-01995), which was issued on 10/11/22. Any violation of the USACE permit shall be
considered a violation of this permit.
NOTE: This project will permanently impact approximately 0.19 acres of surface waters.
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 the Division of Water
Resources.