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Home My WebLink About20072112 Ver 1_Other Agency Comments_20080215Permit Class NEW (by CRC Variance) STATE OF NORTH CAROLINA Department of Environment and Natural Resources d? and Coastal Resources Commission i)rrtntt for Permit Number 25-08 Do F EB 1 5 2008 DENR - WATER QUALITY NIEtM AND S'OOM'mw BRANCH X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C. Department of Transportation, 113 Airport Drive, Suite 100, Edenton, NC 27932 Authorizing development in Dare County at Ocean Outfall #6 at Lake Drive, Kill Devil Hills , as requested in the permittee's application dated 10/29/07, incl. the attached workplan drawings (2): 1 dated 7/16/07; & 1 dated Nov. 1982 & received on 11/13/07, & attached AEC Hazard Notice dated 11/2/07. This permit, issued on 2/13/08 , 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. Ocean Outfall 1) In order to protect sea turtle populations, no work seaward of the frontal dune or the first line of stable natural vegetation, whichever is more restrictive, shall be conducted from May ls` to November 15`h of any year, without the prior approval of the Division of Coastal Management, in consultation with the N.C. Wildlife Resources Commission. 2) As indicated on the attached permittee application and workplan drawings, the outfall pipe and associated structures shall not exceed approximately 575 feet in length from the storm drain catch basin located on NC 12 to the ocean when the project is complete. 3) The permittee shall post appropriate signs to warn the public of potential hazards during maintenance and construction activities. (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. An appeal requires resolution prior to work initiation or continuance as the case may be. 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, 2011 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 DENR and the Chairman of the Coastal Resources Commission. James H. Gregson, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee N.C. Department of Transportation Permit # 25-08 Page 2 of 3 ADDITIONAL CONDITIONS 4) The .permittee shall remove all debris and construction material immediately upon project completion. 5) The elements. of the support structures from the existing ocean outfall that are no longer needed shall be removed in their entirety. 6) All materials and debris associated with the removal and/or construction of the existing and/or new ocean outfall and associated materials 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. 7) Land-based equipment necessary for construction work shall be brought to the site through the existing public beach access located at Lake Drive. Should the work result in any damage to the existing access, the access shall be restored to pre-project conditions immediately upon project completion. Temporary Sheet Pile S) The temporary sheet pile shall be installed securely to minimize the likelihood that it will break loose and become a hazard during any damaging weather events that may occur while the project is underway. 9) The temporary sheet pile shall be removed in its entirety within 7 days after project completion. General NOTE: The following comments were received from the N.C. Division of Environmental Health, Recreational Water Quality Program: "The recreational waters surrounding the storm drain at East Lake Drive are under a precautionary swimming advisory because of the existing discharge. Even though these waters are under swimming advisory, 200 feet in any direction, people still swim next to the pipe where the storm water is discharged into the surf. It appears that extending the pipe a mere 40 feet will put the discharge in the middle of the surf where people swim. Samples taken by the Recreational Water Quality Program and Coastal Studies Institute show that all of the Dare County ocean storm drains often exceed water quality standards for swimming during and after rainfall events, posing a significant threat to public health. Extending the pipe beyond the surf zone would most likely reduce swimmer exposure to concentrated storm water and at the same time reduce the chance for waterborne illness." 10) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 11) The permittee and/or their contractor shall contact the DCM Transportation Project Coordinator in Elizabeth City to schedule a preconstruction conference prior to project initiation NOTE: The N.C. Division of Water Quality (DWQ) has assigned the proposed project DWQ Project No. 20072112. N.C. Department of Transportation Permit # 25-08 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The permittee and/or its contractors should be aware of utilities during ingress and egress from the project area to avoid damage with heavy equipment and materials delivery. The permittee should contact the Kill Devil Hills Water Department to confirm locations if necessary. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permits No. 7 and 33 (COE Action ID No. SAW-2007-03819), which were issued on 12/7/07. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required.