20210326 Driveway Permit D011-027-21-0008

vim.STATE
`ts +nu.am•
Qe�,.nm°va
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER J.ERIC BOYETTE
GOVERNOR SECRETARY
March 26,2021
Driveway Permit ID:
DO11-027-21-00008
Subject: Driveway Permit—Ballance Tract Mine
County: Currituck
APVA, LLC
Justin M. Old, Agent
417 Caratoke Hwy, Unit D
Moyock,NC 27958
Dear Applicant,
Attached for your files is a copy of a Residential/Commercial Driveway Permit, which
has been properly executed. Please note any comments, which may appear on the permit
form.
Sincerely,
DocuSigned by,
am
757334A95FOC4D5...
David Otts, P.E.
District One Engineer
Attachments
Cc: Division Engineer(W/Attachments)
County Maintenance Engineer(W/Attachments)
1929 North Road Street,Elizabeth City,NC 27909 Phone:[phone];Fax:[phone]

Street and Driveway Access Permit
General Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
Pre-Construction Notices
PCN 1 Approval may be rescinded upon failure to follow any of the provisions in this permit and may be
considered a violation of the Street and Driveway Access Permit.
PCN 2 Prior to beginning work, the Applicant shall contact the Road Maintenance Supervisor for the
corresponding county, to provide or verify the proposed pipe diameter. Please see the last page of the
General Provisions for Contact Information
PCN 3 Prior to beginning work, it is the requirement of the Applicant to contact the appropriate Utility Companies
involved and make arrangements to adjust or relocate any utilities that conflict with the proposed work.
PCN 4 It shall be the responsibility of the Applicant to determine the location of utilities within the permitted area.
NCGS § 87-115 through § 87-130 of the Underground Utility Safety and Damage Prevention Act requires
underground utilities to be located by calling 811 prior to construction. The Applicant shall be responsible
for notifying other utility owners and providing protection and safeguards to prevent damage or
interruption to existing facilities and maintain access to them.
PCN 7 Trenching, bore pits and/or other excavations shall not be left open or unsafe overnight.
Legal & Right-of-Way
RW 1 This approval and associated plans and supporting documents shall not be interpreted to allow any
design change or change in the intent of the design by the Owner, Design Engineer, or any of their
representatives. Any revisions or changes to these approved plans or intent for construction must be
obtained in writing from the District Engineer's office or their representative prior to construction or during
construction, if an issue arises during construction to warrant changes.
RW 2 NCDOT does not guarantee the right of way on this road, nor will it be responsible for any claim for
damages brought about by any property owner by reason of this installation. It is the responsibility of the
Applicant to verify the right of way.
RW 3 Prior to the approval of any privately maintained facility within NCDOT right of way which the State of
North Carolina is not the fee simple owner, written permission that each and every property owner
affected by the installation shall be provided to NCDOT by the Applicant. (See corresponding
attachment.)
RW 4 Applicant shall be responsible for obtaining all necessary permanent and/or temporary construction,
drainage, utility and/or sight distance easements.
RW 6 No commercial advertising shall be allowed within NCDOT Right of Way.

Street and Driveway Access Permit
General Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
Work Zone Traffic Control
TC 2 WORK ZONE TRAFFIC CONTROL QUALIFICATIONS AND TRAINING PROGRAM
All personnel performing any activity inside the highway right of way are required to be familiar with the
NCDOT Maintenance / Utility Traffic Control Guidelines (MUTCG). No specific training course or test is
required for qualification in the Maintenance/Utility Traffic Control Guidelines (MUTCG).
All flagging, spotting, or operating Automated Flagger Assist Devices (AFAD) inside the highway right of
way requires qualified and trained Work Zone Flaggers. Training for this certification is provided by
NCDOT approved training resources and by private entities that have been pre-approved to train
themselves.
All personnel involved with the installation of Work Zone Traffic Control devices inside the highway right
of way are required to be qualified and trained Work Zone Installers. Training for this certification is
provided by NCDOT approved training resources and by private entities that have been pre-approved to
train themselves.
All personnel in charge of overseeing work zone Temporary Traffic Control operations and installations
inside the highway right of way are required to be qualified and trained Work Zone Supervisors. Training
for this certification is provided by NCDOT approved training resources and by private entities that have
been pre-approved to train themselves.
For questions and/or additional information regarding this training program please refer to
https://connect.ncdot.gov/projects/WZTC/Pages/Training.aspx or call the NCDOT Work Zone Traffic
Control Section [phone].
TC 3 The party of the second part shall employ traffic control measures that are in accordance with the
prevailing federal, state, local, and NCDOT policies, standards, and procedures. These policies,
standards, and procedures include, but are not limited to the following:
A) Manual on Uniform Traffic Control Devices (MUTCD)— North Carolina has adopted the MUTCD to
provide basic principles and guidelines for traffic control device design, application, installation, and
maintenance. North Carolina uses the MUTCD as a minimum requirement where higher supplemental
standards specific to North Carolina are not established. Use fundamental principles and best practices
of MUTCD (Part 6, Temporary Traffic Control).
B) NCDOT Maintenance / Utility Traffic Control Guidelines — This document enhances the
fundamental principles and best practices established in MUTCD Part 6, Temporary Traffic Control,
incorporating NCDOT-specific standards and details. It also covers important safety knowledge for a wide
range of work zone job responsibilities.
TC 4 If the Traffic Control Supervisor determines that portable concrete barrier (PCB) is required to shield a
hazard within the clear zone, then PCB shall be designed and sealed by a licensed North Carolina
Professional Engineer. PCB plans and design calculations shall be submitted to the District Engineer for
review and approval prior to installation.
TC 5 Ingress and egress shall be maintained to all businesses and dwellings affected by the project. Special
attention shall be paid to police, EMS and fire stations, fire hydrants, secondary schools, and hospitals.

Street and Driveway Access Permit
General Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
TC 9 Work requiring lane or shoulder closures shall not be performed on both sides of the road simultaneously
within the same area.
TC 10 Any work requiring equipment or personnel within 5 feet of the edge of any travel lane of an undivided
facility and within 10 feet of the edge of any travel lane of a divided facility shall require a lane closure
with appropriate tapers per current NCDOT Roadway Standard Drawings or MANUAL ON UNIFORM
TRAFFIC CONTROL DEVICES.
TC 13 Any pavement markings that are damaged or obliterated shall be restored by the Applicant at no expense
to NCDOT.
TC 14 Sidewalk closures shall be installed as necessary. Pedestrian traffic shall be detoured around these
closures and shall be signed appropriately and in accordance with The American with Disabilities Act
Accessibility Guidelines. The Applicant must adhere to the guidelines for accommodating pedestrians in
encroachment work zones as described in the NCDOT Pedestrian Work Zone Accommodations Training
found at https://www.youtube.com/watch?v=AOuYa5lW3dg&feature=youtu.be
TC 15 Parking and material storage shall not be allowed along the shoulders of any NCDOT roadways, any
NCDOT roadways along the route and adjacent to the route.
TC 16 During periods of construction inactivity, place approved traffic control drums 3' minimum from the
existing travel way.
TC 17 Any violation of the Traffic Control provisions will result in the termination of the permit application and
liquidated damages in the amount of$2,000 per hour or any portion thereof and will be assessed by the
District Engineer's office.
Environmental Regulations
EC 1 The Applicant shall comply with all applicable Federal, State and local environmental regulations and
shall obtain all necessary Federal, State and local environmental permits, including but not limited to,
those related to sediment control, stormwater, wetland, streams, endangered species and historical sites.
Additional information can be obtained by contacting the NCDOT Roadside Environmental Engineer
regarding the North Carolina Natural Heritage Program or the United States Fish and Wildlife Services.
Contact the Division Roadside Environmental Engineer's Office at(252)621-6310
EC 2 When surface area in excess of one acre will be disturbed, the Applicant shall submit a Sediment and
Erosion Control Plan which has been approved by the appropriate regulatory agency or authority prior to
beginning any work on the Right of Way. Failure to provide this information shall be grounds for
suspension of operations. Proper temporary and permanent measures shall be used to control erosion
and sedimentation in accordance with the approved sediment and erosion control plan.

Street and Driveway Access Permit
General Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
EC 3 The Verification of Compliance with Environmental Regulations (VCER-1) form is required for all non-
utility permits or any utility permits when land disturbance within NCDOT right of way exceeds 1 acre.
The VCER-1 form must be PE sealed by a NC registered professional engineer who has verified that all
appropriate environmental permits (if applicable) have been obtained and all applicable environmental
regulations have been followed.
EC 4 All erosion control devices and measures shall be constructed, installed, maintained, and removed by the
Applicant in accordance with all applicable Federal, State, and Local laws, regulations, ordinances, and
policies. Permanent vegetation shall be established on all disturbed areas in accordance with the
recommendations of the Division Roadside Environmental Engineer. All areas disturbed (shoulders,
ditches, removed accesses, etc.) shall be graded and seeded in accordance with the latest NCDOT
Standards Specifications for Roads and Structures and within 15 calendar days with an approved
NCDOT seed mixture (all lawn type areas shall be maintained and reseeded as such). Seeding rates per
acre shall be applied according to the Division Roadside Environmental Engineer. Any plant or
vegetation in the NCDOT planted sites that is destroyed or damaged as a result of this permit shall be
replaced with plants of like kind or similar shape.
EC 5 No trees within NCDOT shall be cut without authorization from the Division Roadside Environmental
Engineer. An inventory of trees measuring greater than 4 caliper inches (measured 6" above the ground)
is required when trees within C/A right of way will be impacted by the encroachment installation.
Mitigation is required and will be determined by the Division Roadside Environmental Engineer's Office.
EC 6 Prior to installation, the Applicant shall contact the District Engineer to discuss any environmental issues
associated with the installation to address concerns related to the root system of trees impacted by
boring or non-utility construction of sidewalk, roadway widening, etc.
EC 7 The applicant is responsible for identifying project impacts to waters of the United States (wetlands,
intermittent streams, perennial streams and ponds) located within the NCDOT right-of-way. The
discharge of dredged or fill material into waters of the United States requires authorization from the
United States Army Corps of Engineers (USACE) and certification from the North Carolina Division of
Water Quality (NCDWQ). The applicant is required to obtain pertinent permits or certification from these
regulatory agencies if construction of the project impacts waters of the United States within the NCDOT
right-of-way. The applicant is responsible for complying with any river or stream Riparian Buffer Rule as
regulated by the NCDWQ. The Rule regulates activity within a 50-foot buffer along perennial streams,
intermittent streams and ponds. Additional information can be obtained by contacting the NCDWQ or the
USACE.
EC 8 The contractor shall not begin the construction until after the traffic control and erosion control devices
have been installed to the satisfaction of the District Engineer or their agent.
EC 9 The contractor shall perform all monitoring and record keeping and any required maintenance of erosion
and sediment control measures to maintain compliance with stormwater regulations.
EC 10 Vegetative cover shall be established on all disturbed areas in accordance with the recommendations of
the Division Roadside Environmental Engineer.

Street and Driveway Access Permit
General Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
General
G 1 An executed copy of the Street and Driveway Access Permit, provisions and approved plans shall be
present at the construction site at all times. If safety or traffic conditions warrant such an action, NCDOT
reserves the right to further limit, restrict or suspend operations within the right of way.
G 2 The Applicant and/or their Contractor shall comply with all OSHA requirements. If OSHA visits the work
area associated with this permit, the District Office shall be notified by the encroaching party immediately
if any violations are cited.
G 3 Any REVISIONS marked in RED on the attached non-PE sealed plans shall be incorporated into and
made part of the approved permit.
G 4 All disturbed areas are to be fully restored to current NCDOT minimum roadway standards or as directed
by the District Engineer or their representative. Disturbed areas within NCDOT Right-of-Way include, but
not limited to, any excavation areas, pavement removal, drainage or other features.
G 5 The Applicant shall notify the District Engineer or their representative immediately in the event any
drainage structure is blocked, disturbed or damaged. All drainage structures disturbed, damaged or
blocked shall be restored to its original condition as directed by the District Engineer or their
representative.
G 8 Unless specified otherwise, during non-working hours, equipment shall be located away from the job site
or parked as close to the right of way line as possible and be properly barricaded in order not to have any
equipment obstruction within the Clear Recovery Area. Also, during non-working hours, no parking or
material storage shall be allowed along the shoulders of any state-maintained roadway.
G 9 No access to the job site, parking or material storage shall be allowed along or from the Control of
Access Roadway.
G 10 Guardrail removed or damaged during construction shall be replaced or repaired to its original condition,
meeting current NCDOT standards or as directed by the District Engineer or their representative.
G 12 Right of Way monuments disturbed during construction shall be referenced by a registered Land
Surveyor and reset after construction.
G 13 All Traffic signs moved during construction shall be reinstalled as soon as possible to the satisfaction of
the District Engineer or their representative.
G 16 All driveways disturbed during construction shall be returned to a state comparable with the condition of
the driveways prior to construction.
G 17 Conformance with driveway permit review should be required in conjunction with this encroachment
agreement. In the event there is a conflict between the driveway permit and the encroachment
agreement, the District Engineer should resolve the conflict and notify the parties involved.

Street and Driveway Access Permit
General Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
G 18 If the approved method of construction is unsuccessful and other means are required, prior approval must
be obtained through the District Engineer before construction may continue.
G 22 Strict compliance with the Policy on Street and Driveway Access to North Carolina Highways manual
shall be required.
G 23 The Applicant may delegate the performance of certain provisions of this agreement to contractors or
other parties. However, this shall not in any way release the Applicant from its obligations to the terms
and provisions of the permit.
Engineering
E 1 All traffic control, asphalt mixes, structures, construction, workmanship and construction methods, and
materials shall be in compliance with the most-recent versions of the following resources: ASTM
Standards, Manual on Uniform Traffic Control Devices, NCDOT Utilities Accommodations Manual,
NCDOT Standard Specifications for Roads and Structures, NCDOT Roadway Standard Drawings,
NCDOT Asphalt Quality Management System manual, and the approved plans.
Excavation
EX 1 Excavation material shall not be placed on pavement.
EX 2 It is the responsibility of the applicant and their contractor to prevent any mud/dirt from tracking onto the
roadway. Any dirt which may collect on the roadway pavement from equipment and/or truck traffic on site
shall be immediately removed to avoid any unsafe traffic conditions.
EX 3 The utility shall be installed within 5 feet of the right of way line and outside the 5-foot minimum from
travel lane plus theoretical 2:1 slope from the edge of pavement to the bottom of the nearest excavation
wall for temporary shoring. If the 2:1 slope plus 5 feet requirement above is met for traffic, then
temporary shoring is typically only necessary to protect roadways from damage when a theoretical 1:1
slope from the edge of pavement intersects the nearest excavation wall. This rule of thumb should be
used with caution and does not apply to all subsurface conditions, surcharge loadings and excavation
geometries. Situations where this 1:1 slope is not recommended include groundwater depth is above
bottom of excavation or excavation is deeper than 10 feet or in Type B or C soils as defined by OSHA
Technical Manual. Temporary shoring may be avoided by locating trenches, bore pits, and other
excavations far enough away from the open travel lane, edge of pavement and any existing structure,
support, utility, property, etc. to be protected. Temporary shoring is required when a theoretical 2:1 slope
from the bottom of excavation will intersect the existing ground line less than 5 feet from the outside edge
of an open travel lane as shown in the figure below or when a theoretical 2:1 slope from the bottom of
excavation will intersect any existing structure, support, utility, property, etc. to be protected.

as Hoe,H c<aR'.
Street and Driveway Access Permit
General Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
Ex s Open Travel
Lane 5 ft —Existing Ground
min Line
Theoretical Edge of
2:1 (H:V) �V Pavement Bottom of
Slope H Excavation
EX 4 Temporary shoring shall be designed and constructed in accordance with current NCDOT Standard
Temporary Shoring provisions (refer to https://connect.ncdot.gov/resources/Specifications/Pages/2018-
Specifications-and-Special-Provisions.aspx and see SP11 R002).
A) Temporary excavation shoring, such as sheet piling, shall be installed. The design of the shoring
shall include the effects of traffic loads. The shoring system shall be designed and sealed by a licensed
North Carolina Professional Engineer. Shoring plans and design calculations shall be submitted to the
Division Engineer for review and approval prior to construction. (See NCDOT Utilities Accommodations
Manual for more information on requirements for shoring plans and design calculations.) Trench boxes
shall not be accepted as temporary shoring and will not be approved for use in instances where shoring
is required to protect the highway, drainage structure, and/or supporting pavement or structure
foundation.
B) All trench excavation inside the limits of the theoretical one-to-one slope, as defined by the policy,
shall be completely backfilled and compacted at the end of each construction day. No portion of the
trench shall be left open overnight. Any excavation that is not backfilled by the end of the workday must
address any safety and traveling public concerns including accommodations for bicycles, pedestrians and
persons with disabilities.
C) At the discretion of the District Engineer, a qualified NCDOT inspector shall be on the site at all
times during construction. The applicant shall reimburse NCDOT for the cost of providing the inspector. If
NCDOT cannot supply an inspector, the applicant (not the utility contractor) should make arrangements
to have a qualified inspector, under the supervision of a licensed North Carolina Professional Engineer,
on the site at all times. The Professional Registered Engineer shall certify that the utility was installed in
accordance with the permit and that the backfill material meets the Statewide Borrow Criteria.
D) The length of parallel excavation shall be limited to the length necessary to install and backfill one
joint of pipe at a time, not to exceed twenty-five (25)feet.

Street and Driveway Access Permit
General Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
EX 5 The trench backfill material shall meet the Statewide Borrow Criteria. The trench shall be backfilled in
accordance with Section 300-7 of the latest NCDOT Standard Specifications for Roads and Structures,
which basically requires the backfill material to be placed in layers not to exceed 6 inches loose and
compacted to at least 95% of the density obtained by compacting a sample in accordance with AASHTO
T99 as modified by DOT.
EX 6 All material to a depth of 8 inches below the finished surface of the subgrade shall be compacted to a
density equal to at least 100% of that obtained by compacting a sample of the material in accordance
with AASHTO T99 as modified by the Department. The subgrade shall be compacted at a moisture
content which is approximately that required to produce the maximum density indicated by the above test
method. The contractor shall dry or add moisture to the subgrade when required to provide a uniformly
compacted and acceptable subgrade. The option to backfill any trenches with dirt or either#57 stone or
#78 stone with consolidation with a plate tamp and without a conventional density test may be pursued
with the written consent of the District Engineer. If this option is exercised, then roadway ABC stone and
asphalt repair as required will also be specified by the District Engineer.
EX 7 All roadway sections, ditch lines and slopes, and shoulders affected by the operations under this
encroachment shall be restored to the satisfaction of the District Engineer.
Pavement Repair
PR 7 Any pavement damaged because of settlement of the pavement or damaged by equipment used to
perform the permitted work, shall be re-surfaced to the satisfaction of the District Engineer. This may
include the removal of pavement and a 50' mechanical overlay. All pavement work and pavement
markings (temporary and final)are the responsibility of the Applicant.

Street and Driveway Access Permit
General Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
Post-Construction
1 The Applicant shall notify the Roadway Maintenance Supervisor's office within 2 business days after
construction is complete. The Roadway Maintenance Supervisor may perform a construction inspection.
Any deficiencies may be noted and reported to the Applicant to make immediate repairs or resolve any
issues to restore the right-of-way to a similar condition prior to construction, including pavement, signage,
traffic signals, pavement markings, drainage, structures/pipes, or other highway design features.
Roadway Maintenance Supervisor Contact Information by County:
Camden
Shelton James
[phone]
Currituck
Reggie Saunders
[phone]
Dare
Mark Gawlinski
[phone]
Gates
Michael Vann
[phone]
Pasquotank
Darrell Wilkins
[phone]
Perquimans
Kenny White
[phone]