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Home My WebLink About20150751 Ver 2_DCM Permit_20191114Permit Class MODIFICATION/MINOR Permit Number 142-15 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 X Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C. Department of Transportation 113 Airport Drive Edenton NC 27932 Authorizing development in Hyde County at Smith Creek, Bridge No. 36 on SR 1143 (Sladesville-Credle Road) as requested in the permittee's application letter dated 1 1112/19 including_ the attached workplan drawings (3)• 2 dated 11/5/19 and 1 dated 11/4/19 This permit, issued on November 12, 2019 , 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 terns may be subject to tines, imprisonment or civil action; or may cause me permit to oe nuu anu veto. 1) Unless specifically altered herein, this Minor Modification authorizes changes to the project design, including changes to relocate the stormwater discharge outside of the buffer zone to comply with riparian buffer rules for the Tar -Pamlico River basin, all as depicted on the attached workplan drawings. NOTE: The revised impacts to wetlands and waters of the State are 1,596 square feet of permanent impacts to Coastal Wetlands due to fill (increase of approximately 115 square feet), 203 square feet of permanent impacts to Coastal Wetlands due to permanent hand clearing (increase of 3 square feet), 1,735 square feet of temporary impacts to Coastal Wetlands due to temporary hand clearing (increase of 316 square feet), and 131 square feet of permanent impacts to surface waters (increase of 10 square feet). (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 December 31, 2020 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. fO� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee N.C. Department of Transportation Permit #142-15 Page 2 of 3 ADDITIONAL CONDITIONS NOTE: In accordance with the Division of Mitigation Services (DMS) letter dated 9/24/19, compensatory mitigation for permanent impacts of 0.042 acres of coastal marsh wetlands associated with the authorized project shall be provided by DMS in accordance with the In -Lieu Fee Instrument dated 7/28/10. 2) The permittee shall implement appropriate measures, including but not necessarily limited to, appropriate cleaning of equipment prior to its arrival on the project site, in order to prevent the introduction of invasive species such as Phragmites into the project area. 3) There shall be no clearing of wetlands outside of the areas indicated on the attached workplan drawings without prior approval from DCM. 4) Due to the possibility that hand clearing 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. Within three years after project completion, the permittee shall hold an agency field meeting with 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. 5) 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. The permittee shall contact a representative of DCM prior to commencement of any such activity for this determination and any permit modification. 6) Development authorized by this permit shall only be conducted on lands owned by the NCDOT and/or its Right -of -Ways and/or easements. 7) The permittee and/or its contractor is encouraged to contact the DCM Transportation Project Field Representative in Elizabeth City at (252) 264-3901 to request a preconstruction conference prior to project initiation. 8) The N.C. Division of Water Resources (DWR) authorized the proposed project on 10/16/19 (DWR Project No. 20150751 v.2) under General Water Quality Certification Nos. 4132 and 4133. Any violation of the Certification approved by DWR shall be considered a violation of this CAMA permit. 9) This Minor Modification shall be attached to the original of Permit No. 142-15, which was issued on 12/8/15, as well as the Renewal issued on 3/28/19, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #142-15 Page 3 of 3 10) All conditions and stipulations of the active permit remain in force under this Minor Modification unless altered herein. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit Number 3 (COE Action ID No. SAW-2015-01879), which was issued on 10/21/19. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. NOTE: A minor modification application processing fee of $100 was received by DCM for this project.