HomeMy WebLinkAbout20200064 Ver 1_NC 615, Knotts Island Causeway, Permit 14-20_20200127Permit Class
NEW
Permit Number
14-20
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ermit
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 Currituck County at Back Bay and a manmade borrow canal, NC
615 (Knotts Island Cause=). as requested in the permittee's application dated 10/29/19, including the
attached workl2lan drawings Q3 : 3 dated 10/17/19• and 10 dated 10/16/19.
This permit, issued on 1/27/20 , 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.
i) The authorized activities shall not result in any direct impacts to submerged aquatic vegetation
(SAV), without permit modification.
2) Prior to conducting work in open waters east of the Mackay Island National Wildlife Refuge Charles
Kuralt Overlook Site, the permittee shall conduct SAV surveys during the SAV growing season
(April 1 to October 31) in the proposed work areas that are in open waters. Results of the SAV
survey(s) shall be provided to the N.C. Division of Coastal Management (DCM), the N.C. Wildlife
Resources Commission (WRC), and the N.C. Division of Marine Fisheries (DMF) prior to beginning
work in open waters east of the Mackay Island National Wildlife Refuge Charles Kuralt Overlook
Site.
(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
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
00
e,,(
i
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
N.C. Department of Transportation Permit #14-20
Page 2 of 5
ADDITIONAL CONDITIONS
NOTE: The authorized activities include the installation of approximately 9,405 linear feet of new rip
rap revetment.
NOTE: A maintenance and repair exemption of approximately 1,766 linear feet of existing riprap
revetment was written by DCM on January 14, 2020.
NOTE: This project will impact approximately 380 square feet of Coastal Wetlands due to fill in Section
B as depicted on workplan drawing Sheet 4, and approximately 39,681 square feet of Open
Water/Shallow Bottom.
3) Nothing in this permit authorizes any activity that has not received approval from the U.S. Fish and
Wildlife Service (USFWS), if required, for work within the Mackay Island National Wildlife Refuge. If
work is proposed in areas that are not already authorized by the Special Use Permit #20001 G issued by
the USFWS on 12/20/19, the permittee shall obtain a Special Use Permit from the USFWS, if required,
and a copy of the Special Use Permit shall be provided to DCM prior to construction in those areas.
4) The alignment of the authorized riprap revetment shall be staked by the permittee and approved by a
representative of DCM within a maximum of 30 days prior to the start of any construction. Failure to
initiate construction within 30 days of the alignment being marked, or erosion of the shoreline by
adverse weather conditions, shall require the alignment to be restaked by the permittee and re -approved
by DCM within a maximum of 30 days prior to the new expected start of construction.
5) The authorized riprap revetment shall not extend waterward more than 10 feet from the normal water
level when protecting an upland road shoulder at any point along its alignment at the time of
construction, without permit modification.
6) The riprap revetment adjacent to Coastal Wetlands shall be positioned so as not to exceed the elevation
of one foot above the elevation of the normal water level and adjacent Coastal Wetland substrate.
7) No vegetated wetlands or waters of the State shall be excavated, without permit modification.
8) No temporary impacts to wetlands or waters of the State are authorized by this permit without prior
approval from DCM.
9) The permittee shall minimize the need to cross wetlands in transporting equipment to the maximum
extent practicable. If the permittee determines that it is necessary to cross wetlands to transport
equipment, then construction mats shall be utilized to support equipment within wetland areas to
minimize temporary wetland impacts. Prior to utilizing this construction methodology, DOT shall
coordinate with DCM on this activity. These mats shall be removed immediately when they are no
longer needed following project completion.
10) Construction staging areas shall be located only in upland areas, and not in any wetlands or waters of the
State.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #14-20
Page 3 of 5
11) 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.
12) No fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of
the alignment of the fill areas as indicated on the attached workplan drawings, without permit
modification.
13) The temporary placement and/or double handling of any fill material within waters or vegetated
wetlands is not authorized.
14) The placement of riprap shall be limited to the areas as indicated on the attached workplan drawings.
The riprap material 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.
15) Filter fabric shall be in place prior to the placement of any riprap and/or backfill.
16) The authorized riprap revetments shall be in place prior to any backfilling activities.
17) All fill material shall be obtained from a high ground source and shall be clean and free of any pollutants
except in trace quantities. No unconfined backfill shall be discharged into waters of the State.
NOTE: DCM issued approximately 10 CAMA General Permits between February 2008 and September
2019 for riprap revetments within the authorized project area.
NOTE: DCM issued CAMA Major Permit 132-04 for the replacement of the bridge over Corey's Ditch,
including the replacement of two existing culverts and the installation of six new culverts along
i\iC 615 (TIP No. B-3445) within the authorized project area.
18) In accordance with Condition No. 24 of CAMA Permit 132-04, placement of riprap at the existing
equalizer pipes must be the minimum necessary to protect or ensure shoulder slope stability.
19) 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.
20) 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.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Permit #14-20
Page 4 of 5
21) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and properties (e.g. silt fence,
diversion swales or berms, etc.).
22) 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.
General
23) 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.
24) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work following completion of construction.
25) 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.
26) The permittee understands and agrees that, if future operations by the United States require the removal,
relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the
Secretary of the Anny or his authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee shall be required, upon due
notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made against the
United States on account of any such removal, relocation, or alteration. The permittee shall notify
NOAA,NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM
7316, Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion
of work.
27) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in
Elizabeth City at (252) 264-3901 to request a pre -construction conference prior to project initiation.
28) Development authorized by this permit shall only be conducted on lands owned by the N.C. Department
of Transportation (NCDOT), and/or their Right -of -Ways and/or easements and/or USFWS lands with
USFWS authorization.
N.C. Department of Transportation Permit #14-20
Page 5 of 5
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers (USACE) assigned the proposed project COE Action ID No.
SAW-2019-02404.
29) This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that
may be required.
30) The N.C. Division of Water Resources (DWR) authorized the proposed project on 1/21/20 (DWR
Project No. 20-0064) under General Water Quality Certification No. 4175. Any violation of the
Certification approved by DWR shall be considered a violation of this CAMA permit.
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.