NCDOT 85-24 Rail Division

Permit Class
NEW
Permit Number
85-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
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. Dept. of Transportation Rail Division, 1553 Mail Service Center, Raleigh, NC 27699-1553
Authorizing development in Brunswick and New Hanover County at Cape Fear River, Railroad Bridge for the CSXT
Rail line near Quality Drive in Navas a, as requested in the permittee's application dated 5/23/24, including the
attached workplan drawing (1) dated 4/ 1 /24.
This permit, issued on August 8, 2024 , 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.
1) The temporary placement and/or double handling of any excavated or fill material within wetlands or
waters of the State is not authorized, with the exception of the authorized temporary timber matting.
[07H .0208(a)(2)(B)].
2) Construction staging areas shall be located only in upland areas landward of any applicable buffers,
and not in wetlands or waters of the State. [07H .0208(a)(2)(B)].
3) The authorized subaqueous utility lines shall be constructed via the directional bore method and shall
be placed at least twenty (20) feet below the bottom of the stream bed as depicted on the attached
workplan drawing. [07J .0202(c)].
4) The demolition plan for removal of the existing bridge control structure shall be submitted to DCM
for review and approval prior to commencement of the demolition activities. [07J .0201].
(See attached sheets for Additional Conditions)
This 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 136-44.7B
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 DEQ and the Chair
of the Coastal Resources Commission.
L�Esmw���
for Tancred Miller, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit No. 85-24
Page 2 of 5
5) The authorized utilities that are attached to the bridge shall be installed at an elevation that is not less
than the existing low chord elevation, in accordance with the attached workplan drawing. [07H
.0208(a)(2)(G)].
6) Entry and exit points of the horizontal directional bore drilling method, including disposal of material
from the drilling activity, shall be outside of all wetlands and waters of the State. [07H .0205(d)].
7) In accordance with commitments made by the permittee, the permittee shall adhere to the "Contractor
Frac-out Contingency Plan for Directional Drilling" and the `Bentonite Mitigation Plan" documents that
were submitted with the permit application. [07J .0202(c)].
8) All construction and demolition access shall be through the use of the authorized temporary timber
matting, existing bridge and rail line, barges and/or existing high ground areas. [07J .0202(c)].
9) Barges shall only be utilized in areas of sufficient depth such that the barges avoid contact with the
bottom and do not rest on the bottom during periods of low tide. [07H .0208(a)(2)(A)].
10) Barges used for construction and demolition access shall not impede navigation of the federal channel
and shall be moored outside of the federal channel. [07H .0208(a)(2)(G)].
11) Dredging in any manner, including "kicking" with boat propellers is not authorized, without permit
modification. [07H .0208].
12) The permittee shall submit final plans to DCM for review and approval of any new mooring points prior
to their installation. Adjacent riparian property owner notification may be required. [G.S. 113-229(d);
07J .0201; 07J .0405(a)].
13) No 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. [G.S.
113A-120(b); 07J .0209(a); 07J .0405(a); 07J .0202(c)].
14) No vegetated wetlands or waters of the State shall be excavated, without permit modification. [07J
.0202(c)].
15) All reasonable efforts shall be made to contain all debris and excess materials associated with the
authorized activities, with the intent that materials/debris do not enter wetlands or waters of the State,
even temporarily. [07H .0208(a)(2)(B)].
16) Any waste materials or debris generated in the authorized activities 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. [G.S I I3A-120(b); 07J
.0209(a)].

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Permit No. 85-24
Page 3 of 5
17) 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. [07J .0209(a)].
18) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H .0209(d)(4); G.S. 113A-102(a); 07H .0208(a)(2)].
Impacts to Wetlands and Waters of the State
NOTE: This project will temporarily impact approximately 0.06 acres of Coastal Wetlands due to the
placement of timber matting.
19) The authorized temporary timber matting shall be removed in its entirety immediately after it is no
longer necessary. [07H .0208(a)(2)].
NOTE: The permittee is strongly encouraged to utilize the authorized temporary timber matting within
Coastal Wetlands for the shortest timeframe practicable, and within the smallest area practicable,
to ensure that impacts to Coastal Wetlands are avoided and minimized to the maximum extent
practicable.
20) There shall be no clearing of wetlands outside of the areas indicated for impacts on the attached
workplan drawing without prior approval from DCM, and wetland areas to be temporarily impacted by
hand clearing shall not be grubbed. [07H .0208(a)(2)(B)].
21) Once construction is complete and the authorized temporary timber matting is removed, the impacted
Coastal Wetlands shall be restored back to the pre-existing elevation and replanted with native Coastal
Wetland species that occur in the surrounding areas. [07H .0205].
22) Due to the possibility that compaction, 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. [07H .0208(a)(3)].

N.C. Department of Transportation
ADDITIONAL CONDITIONS
General
Permit No. 85-24
Page 4 of 5
NOTE: It is strongly recommended that the permittee exercise all available precautions in the
construction, operation and maintenance of the bridge and rail line to prevent waste from
entering the adjacent waters and wetlands. Such discharge, either directly or indirectly, to
adjacent waters could contravene state water quality standards.
23) Any utility work associated with this project that is not specifically depicted on the attached workplan
drawing, 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. [07J
.0202(c); 07J .0201; 07J .0405(a)].
24) All mechanized equipment operated near surface waters shall be inspected and maintained regularly to
prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
Construction shall be staged in order to minimize the exposure of equipment to surface waters to the
maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be
performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters
by fuels and oils. [07H .0208(a)(2)(A); 07H .0208(a)(2)(B)].
25) If it is determined that additional permanent and/or temporary impacts are necessary, that are not shown
on the attached workplan drawing 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. [07J .0201].
26) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in
Morehead City by phone at [phone] or by email at stephen.lane(?deq.nc.gov to request a
preconstruction conference prior to project initiation. [G.S I I3A-120(b); 07J .0209(a)].
NOTE: This project shall be constructed in accordance with the provisions of the NCDOT's National
Pollutant Discharge Elimination (NPDES) Stormwater Permit NCS000250, including the
application requirements of the NCGO1000.
NOTE: 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
ADDITIONAL CONDITIONS
Permit No. 85-24
Page 5 of 5
NOTE: If the permittee plans to conduct any work (re -location, installation, extend utilities, etc.)
involving the public water supply system per Title 15A Subchapter 18C Section .0301 Rules
Governing Public Water Systems, plans and specifications should be submitted and approved by
the N.C. Division of Water Resources Public Water Supply Section for all new waterlines prior
to construction beginning. Please also be aware of separation requirements in regards to
water/sewer according to 15A NCAC 18C Section .0906 Rules Governing Public Water
Systems. Check with the local water system for cross -connection requirements for this project.
Public Water Supply Section guidelines are listed in Appendix B, Figure 2 in the Rules
Governing Public Water Systems but the water system may have additional requirements.
Contact the N.C. Division of Water Resources, Public Water Supply Plan Review Section at
[phone] with any questions.
NOTE: The N.C. Division of Water Resources (DWR) determined that the proposed project is covered
under Water Quality General Certification No. 4275 (DWR Project No. 20210695).
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit 57
(COE Action ID No. SAW-2020-00230), which was issued on 7/18/24.
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required.
NOTE: This project is part of TIP No. P-5740, Upgrades to the Wilmington CSXT Railroad `Beltline"
for approximately 13 miles from Davis Yard to the Wilmington Terminal Railrway connection
(near 2nd Street), Brunswick and New Hanover Counties.
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.