HomeMy WebLinkAbout20190370 Ver 1_U-4906, Gum Branch Road, 81-19 issued_20191014Permit Class
NEW
Permit Number
81-19
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 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to N.C. Department of Transportation, 5501 Barbados Boulevard, Castle Hayne, NC 28429
Authorizing development in Onslow County at Cow Horn Swami), Batchelors Delight Swamp, and
Half Moon Creek, SR 1308 (Cium Branch Rd) as requested in the permittee's application dated 2128/19 (MP-1, MP-3 & MP-
4) and 7/18/19 (MP-2), including the attached workplan drawings (106), as referenced in Condition No. 1 of this permit.
This permit, issued on 10/14/19 , 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 } All work authorized by this permit shall be carried out in accordance with the following attached
workplan drawings, unless altered herein:
Wetland and Surface Water (21): all dated 7/30/19.
Utili 23 : 13 dated 4/18/19; 8 dated 3/27/19; and 2 dated 3/25/19.
Utilities by Others (151. all dated 2/8/19.
_Roadwa� Designn (47): 40 dated 4/12/19; 1 dated 4/22/19; 1 dated 4/17/19; 1 dated 4/16/19; 1 dated
1/23/19, 1 dated 6/26/17; 1 dated 12/5/17; and 1 dated 4/30/15.
(See attached sheets for Additional Conditions)
t his 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 136-44.711
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.
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 No. 81-19
Page 2 of 4
ADDITIONAL CONDITIONS
2) Construction mats shall be utilized to support equipment within wetland areas to minimize temporary
wetland impacts. These mats shall be removed immediately when they are no longer necessary.
3) Wetland areas to be temporarily impacted by hand clearing shall not be grubbed.
4) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State.
5) No excavation or 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.
6) All fill material shall be clean and free of any pollutants except in trace quantities.
7) With the exception of any material that may be used in fill areas associated with this project, all
excavated materials shall be confined above normal water level and landward of regularly or irregularly
flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into
any wetlands or surrounding waters.
8) Material excavated at the project site may be used in fill areas associated with the project once properly
dewatered or shall be removed from the site and taken to a high ground location.
9) The temporary placement and double handling of any excavated or fill material within wetlands or
waters of the State is not authorized.
10) The placement of riprap shall be limited to the areas as depicted on the attached workplan drawings.
The riprap material shall be clean and free from loose dirt or any pollutant. The riprap material shall
consist of clean rock or masonry materials, such as but not limited to, granite, marl, or broken concrete
and shall be of sufficient size to prevent its movement from the authorized alignment by current or wave
action.
11) Any waste materials or debris associated with the authorized project shall not enter wetlands or waters
of the State, even temporarily. Any such material 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.
12) Uncured concrete shall not be allowed to contact waters of the State, or water that will enter waters of
the State.
Impacts to Wetlands and Waters of the State
NOTE: This project will permanently impact approximately 196 square feet of 404 Wetlands due to fill,
approximately 605 square feet of 404 Wetlands due to excavation, and approximately 758 square
feet of 404 Wetlands due to mechanized clearing. This project will temporarily impact
approximately 1,616 square feet of 404 Wetlands due to hand clearing.
N.C. Department of Transportation Permit No. 81-19
Page 3 of 4
ADDITIONAL CONDITIONS
NOTE: This project will permanently impact approximately 2,092 square feet of surface waters due to
fill and approximately 3,093 square feet of surface waters due to excavation. This project will
temporarily impact approximately 871 square feet of surface waters due to fill and approximately
174 square feet of surface waters due to excavation.
13) There shall be no clearing or grubbing of wetlands outside of the areas indicated on the attached
workplan drawings without prior approval from DCM.
Utility Impacts
NOTE: The construction of the project will also require the relocation of water, sewer, power, telephone
and cable television utilities. Wetland Impacts resulting from the utility line relocations have
been included in the total wetland impacts for this project.
14) 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 DCM, either
under the authority of this permit, or by the utility company obtaining separate authorization.
15) In accordance with comments received from the State Property Office, the project may require
easements for relocation of multiple utilities crossing wetlands and State owned land provided the
applicant qualifies for an easement.
NOTE: If the permittee plans to conduct any work (re -location, installation, extends 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 Public Water Supply Section for all new waterlines prior to construction beginning. Please
also be aware of the 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.
Sedimentation and Erosion Control
16) 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.
17) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
N.C. Department of Transportation Permit No. 81-19
Page 4 of 4
ADDITIONAL CONDITIONS
General
18) 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.
19) 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 may be required. In addition, any changes in
the approved plan may also require a permit modification and/or additional authorization from DCM.
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) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in
Morehead City at (252) 808-2808 ext. 208 to request a preconstruction conference prior to initiation of
construction.
22) The N.C. Division of Water Resources (DWR) authorized the proposed project on 5/23/19 (DWR
Project No. 20190370) under General Water Quality Certification No. 4135. Any violation of the
Certifications approved by DWR shall be considered a violation of this CAMA permit.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit
Number 14 (COE Action ID No. SAW-2014-00572), which was issued on 4/29/19.
NOTE: The permittee has assigned the project TIP No. U-4906.
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. This fee also
satisfied the Section 401 application processing fee requirements of DWR.