124-22 NCDOT Holden Beach Bicycle Lane

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
,Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
124-22
Issued to NCDOT Division 3 5501 Barbados Blvd Castle Ha ne NC 28429
Authorizing development in Brunswick County at Atlantic Ocean and Intracoastal Waterway,
SE 1116 in Holden Be-arb , as requested in the permittee's application dated 5111122_ including the
attached work -plan drawings as referenced in Condition No. 1 of thispermit: & AEC Hazard Notice dated 4/4/22.
This permit, issued on November 9 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.
Road widening to Construct Bicvcle Lanes
1) Unless specifically altered herein, all work authorized by this permit shall be carried out in accordance
with the following attached workplan drawings (24): 1 dated December 2021; 22 dated April 2022;
and 1 dated as received July 27, 2022.
2) All development authorized by this permit within the Ocean Erodible Coastal Area Management Act
(CAMA) Area of Environmental Concern (AEC) shall be located landward of the appropriate
oceanfront setback requirements of Rule 15A NCAC 07H.0306.
3) No development shall take place within 30 feet landward of the normal high water level within the
Estuarine Shoreline CAMA AEC.
(See attached sheets for Additional Conditions)
1 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
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 Resourc s 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 #124-22
Page 2 of 3
ADDITIONAL CONDITIONS
4) The authorized activities shall not result in any permanent or temporary impacts to wetlands or waters of
the State, including clearing, grubbing, excavating or filling, without permit modification.
5) In accordance with 15A NCAC 07H.0306(g), any structure within the Ocean Hazard AEC shall be
relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration as
defined in 15A NCAC 07H.0308(a)(2)(B). Any such structure shall be relocated or dismantled within
eight years of the time when it becomes imminently threatened, and in any case upon its collapse or
subsidence. However, if natural shoreline recovery or beach fill takes place within eight years of the time
the structure becomes imminently threatened, so that the structure is no longer imminently threatened,
then it need not be relocated or dismantled at that time. This permit condition shall not affect the permit
holder's right to seek authorization for temporary protective measures allowed under the Rules of the
Coastal Resources Commission.
6) All fill material shall be obtained from an upland source, and it shall be clean and free of any pollutants
except in trace quantities.
7) Material excavated at the project site may be used in fill areas associated with the project or shall be
removed from the site and taken to a high ground location.
8) All excavated materials shall be confined landward of any regularly or irregularly flooded vegetated
wetlands within adequate dikes or other retaining structures to prevent spillover of solids or seepage of
effluent into any vegetated wetlands or surrounding waters.
9) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State.
10) The temporary placement and/or double handling of any excavated or fill material within waters or
vegetated wetlands is not authorized
11) Any waste materials or debris associated with the authorized activities 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.
12) The permittee and/or its contractor shall provide for proper storage and handling of all oils, chemicals,
etc., necessary to carry out the project.
13) Uncured concrete shall not be allowed to contact waters of the State or water that will enter waters of the
State.
Sedimentation and Erosion Control
14) 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 ResoLu-CCS.

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #124-22
Page 3 of 3
15) In accordance with commitments made by the permittee, sediment and erosional control measures shall be
installed along the project length in accordance with NCDOT Design Standards in Sensitive Watersheds.
General
16) During construction, the authorized project shall minimize interference with the public's use of designated
access points to the public beach and estuarine waters to the maximum extent practicable.
17) 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 the N.C.
Division of Coastal Management (DCM), either under the authority of this permit, or by the utility
company obtaining separate authorization.
18) 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.
19) 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.
20) Development authorized by this permit shall only be conducted on lands owned by the N.C. Department
of Transportation (NCDOT), appropriate utility entities, and/or their Right -of -Ways and/or easements.
21) If it is determined that additional permanent and/or temporary impacts are necessary that are not shown on
the attached work plan 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 DCM prior to commencement of any such activity for this determination
and any permit modification.
NOTE: Any mitigative measures or environmental commitments specifically made by the permittee in
the CAMA permit application and/or supporting documents, including the letter dated October
21, 2022, must be implemented, regardless of whether or not such commitments are addressed
by individual conditions of this permit.
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.