HomeMy WebLinkAbout20171306 Ver 2_SR 1225, Pledger Harbor Road, adjacent canal_20170110Permit Class
NEW
Permit Number
5-20
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
erm it
for
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 Division One, 113 Airport Drive. Edenton. NC 27932
Authorizing development in Tyrrell County at Albemarle Sound and manmade drainage
canal, SR 1225 (Pledger Harbor Rd), as requested in the permittee's application dated10/7/19, including the
attached work lan drawings 1 dated 8/23/19.
This permit, issued on 1/10120 , 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 depth of excavation within the manmade drainage canal shall not exceed -1.5 feet below the
normal water level. The depth of excavation within the Albemarle Sound shall not exceed —1.8 feet
below the normal water level. In no case shall excavation exceed the depth of connecting waters.
Overdredging is specifically prohibited.
2) In accordance with commitments made by the permittee, excavation shall be accomplished using a
tracked excavator, and all excavated materials shall be placed directly into a closed body dump truck
and hauled offsite to an upland disposal site in a manner not to impact waters or wetlands.
3) Dump trucks or other vehicles that are used to transport excavated materials shall be water tight
during transport. There shall be no spillover of solids or seepage of effluent into any vegetated
wetlands or surrounding waters.
(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, 2023
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 Resour es 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 #5-20
Page 2 of 4
ADDITIONAL CONDITIONS
4) No excavation or filling shall take place at any time outside of the alignment of the areas indicated on
the attached workplan drawings, without permit modification.
5) The temporary placement and/or double handling of any excavated or fill material within waters or
vegetated wetlands is not authorized.
NOTE: DCM issued CAMA General Permit No. 68746 on 12/6/17 for excavation of approximately
1,500 square feet of accumulated sediment at the project site.
6) 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.
7) The permittee shall employ all sedimentation and erosion control measures necessary to prevent an
increase in sedimentation or turbidity within waters outside the permit area. This shall include, but is
not limited to, the installation of silt fencing or similar appropriate devices around all areas subject to
soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas.
8) The activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside
the area of construction or construction -related discharge.
9) Construction staging areas shall be located only in upland areas, and not in any protected riparian
buffers, or waters of the State.
10) All mechanized equipment shall be regularly inspected and maintained to prevent contamination of
waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a
spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the
N.C. Division of Water Resources, and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act shall be followed.
11) Dredging in any manner, including "kicking" with boat propellers, is not authorized outside of areas
specifically depicted on the attached workplan drawings, without permit modification.
12) The placement of riprap shall be limited to the areas as indicated on the attached workplan drawings.
The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities. It
shall be of a size sufficient to prevent its movement from the approved alignment by wave or current
action. The riprap material shall consist of clean rock or masonry materials such as but not limited to
granite, marl or broken concrete without exposed rebar, or other suitable materials approved by DCM.
13) The placement of backfill is not authorized, without permit modification.
N.C. Department of Transportation Permit #5-20
Page 3 of 4
ADDITIONAL CONDITIONS
Maintenance Clause
14) The maintenance clause of the active permit is modified as follows: The Division of Coastal
Management (DCM) and the U.S. Army Corps of Engineers (USACE) shall be notified in writing at
least two (2) weeks in advance of any maintenance work authorized by this permit, and again upon
completion of the work. The advance notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the previously authorized plans with cross -hatching indicating the area to be maintained,
the area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a representative
of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revisions and the permittee's signature shown anew on the previously authorized
plans.
General
NOTE: The authorized project will impact approximately 1,332 square feet of surface waters due to
maintenance excavation.
15) If the permittee discovers any previously unknown historic or archaeological resources while
accomplishing the authorized work, it shall immediately stop work and notify the N.C. Department of
Cultural and Natural Resources, DCM, and the Wilmington District Engineer to initiate the required
coordination procedures.
16) No attempt shall be made by the permittee to prevent the use by the public of all navigable waters at or
adjacent to the authorized work following completion of construction.
17) 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 and/or the USACE shall be required. In
addition, any changes in the approved plan may also require a permit modification and/or additional
authorization from DCM and/or USACE. The permittee shall contact representatives of DCM and
USACE prior to commencement of any such activity for this determination and any permit modification.
18) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in
Elizabeth City at (252) 207-3656 to request a pre -construction conference prior to project initiation.
19) Development shall only be conducted on lands owned by the NCDOT and/or its Right -of -Ways and/or
easements.
20) The N.C. Division of Water Resources (DWR) authorized the proposed project (DWR Project No.
20171306 V.2) under General Water Quality Certification No. 4175. Any violation of the Certification
approved by DWR shall be considered a violation of this CAMA permit.
N.C. Department of Transportation Permit #5-20
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers (USACE) assigned the proposed project COE Action ID No.
SAW-2019-02242.
21) 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 the Division of Water
Resources.