20061022 Ver 1_Application_20060511

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MAR 1 3 2006
E
C-OASTAL "IANgGCITEW
ELIZABETH
STATE of NORTH CAROLINA
DEPARTMENT OF. TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
March 3, 2006
Wanda Gooden
Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, N.C. 27909
Subject: Request for a major permit for the construction of a pedestrian multi-use bridge
on SR 1208 (Kitty Hawk Road) in Dare County.
The North Carolina Department of Transportation is requesting a major permit to construct a
pedestrian multi-use bridge that will cross Jean Guite Creek and associated wetlands on SR 1208 (Kitty
Hawk Road) in Dare County. Jean Guite Creek is?classified as "Public Trust Waters" and "Estuarine
Waters" by the Division of Coastal Management. The Division of Water Quality has given this waterbody a
classification of "SC". Wetlands within the project limits are contiguous to Jean Guite Creek and on the
West Side are classified as coastal wetlands. Wetlands on the East Side of the bridge do not have coastal
wetland species and are under jurisdiction of the COE. The elevated walkway has been designed to avoid
impacts to these wetlands. The pedestrian bridge will be constructed by cantilevering one side for support
and pile supporting the other side. There will be 4 - 12" steel "H" piles used to support the walkway bridge.
These pilings will be placed inline with the existing bridge pilings to avoid any navigational issues. They
will be installed using a vibratory hammer. A floating barge will be used to bolt and tack weld pilings and
beams together. The approaches to the bridge will be an elevated walkway that will start to the east a
distance of 110 ft. and to the west a distance of 215 ft. from the edge of the bridge structure. The elevated
walkway will be aligned 5 feet from the edge of pavement and the structure will be 10 feet wide. 8" salt
treated timber pilings will be used for support of the structure. The pilings will be installed using an auger to
dig the piling holes. Any spoil from the auger drill will be captured and removed from the wetland area. The
W EIS number for this project is 1.202811. Included with this letter are the permit drawings, MP-1 form,
and location map for the construction of the pedestrian walkway facility. If you have any questions or need
additional information, please call Clay Willis at 252-482-7977.
Sincerely,
Anthony Roper,
Division Engineeeerg, ?, ,'[w"'-
Clay Willis v d "
Enviromnental Supervisor
Cc: Bill Blddlecoine,COE
Garcy Ward, DWQ
113 Airport Dr., Suite 100, Edenton, NC 27932 - Phone: [phone] Fax: [phone]
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Location of Proposed Pedestrian Bridge on SR 1208 (W. Kitty Hawk Road) in the
Pasquotank River Basin in Dare County. 24K Quad Name- Kitty Hawk.
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Form DCM-MP-1
1. APPLICANT
APPITICATION Cp "" '4
AtEIVT
ELIZA6E TH N CIAGE'TY
(To be completed by all applicants)
2. LOCATION OF PROPOSED
PROJECT
a. Landowner:
Name N. C. Department of Transportation
Address 113 Airport Road
City Edenton State N.C.
Zip 27932 Day Phone [phone]
-Fax (252) 482=8722- -'
b. Authorized Agent:
Name Clay Willis, Environmental Officer
Address 113 Airport Road
City Edenton State N.C.
Zip 27932 Day Phone [phone]
Fax [phone]
a. County
b. City, town, community or landmark
Kitty Hawk
c. Street address or secondary road number
SR 1208 W. Kitty Hawk Road
- d-Is-proposed-work--within-city_ .limits--or- planning
jurisdiction? X Yes _ No
Project name (if any) SR 1208 Pedestrian Multi-Use
Path
NOTE. Permit will be issued in name of landowner(s), and/or
project name.
e. Name of body of water nearest project (e.g. river, creek,
sound, bay) Jean Guite Creek
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Construct a pedestrian multi-use bridge and
elevated walkway. The walkway extends 110 ft. to
the east and 215 ft. to the west. The bridge structure
over Jean Guite Creek is 60 ft. in length. The
elevated walkway will be aligned 5' from the edge of
pavement and the deck is 10' wide. The bridge will
be cantilevered of the existing bridge and supported
by 4 new 12" steel "H" piles. The piles will be placed
inline with the existing bridge pilings.
b. Is the proposed activity maintenance of an existing
project, new work, or both? New Work
c. Will the project be for public, private or commercial
use? public
0-4-d nvoc
Form DCM-MP-1
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
If more space is needed, please attach additional pages.
The purpose of this project is to construct a
pedestrian multi-use path along SR 1208 for
approximately 400 feet crossing over Jean Guite
Creek to allow pedestrian safe travel across the
bridge. This structure will be installed using a crane
with vibratory hammer for the steel piles and
smaller auger for the wood piles associated with the
elevated walkwav. The deck will be constructed of
salt treated materials and put in place by hand
framing. A backhoe may be used to move materials
and aid in wood pile installation. NCDOT will use
Best Management Practices for soil and erosion
control.
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract N/A
b. Size of individual lot(s). N/A
c. Approximate elevation of tract above MHW or NWL
5 feet
d. Soil type(s) and texture(s) of tract
(OsA) Osier Fine Sand. (OuB) Ousley Fine
Sand (CuA) Currituck mucky peat
e. Vegetation on tract Various roadside grasses such
as fescue and panic grass. Juncus roemarianus
(Black needlerush), Spartena Patens (Salt
Meadow) Phrapmites is also present.
f Man-made features now on tract SR 1208
g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local land we plan.)
Conservation
Developed
Rural
Transitional
_ Community
X OTher
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(A rrach zoning compliance certificate, if applicable)
RECEIVED
MAR 1 3 20["
COASTAL MANAGEMENT
ELIZABETH CITY
j. Has a professional archaeological assessment been
done for the tract? _ Yes X No
_ Ifyes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National Register
listed or eligible property? Yes X No
1. Are there wetlands on the site? , X Yes _No
Coastal (marsh) X Other_
If yes, has a delineation been conducted? Yes
(Attach documentation, ifavailable)
m. Describe existing wastewater treatment facilities.
n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) Surface runoff
from SR 1208.
o. Describe existing drinking water supply source.
None

Form DCM-MP-1
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then forward
a copy of the deed or other instrument under which the
owner claims title, plus written permission from the
owner to carry out the project.
® An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of Engineers
regarding that agency's use of larger drawings.) A site
or location map is a part of plat requirements and it
must be sufficiently detailed to guide agency personnel
unfamiliar with the area to
the site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
•A Stormwater Certification, if one is necessary.
*A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats by
certified mail. Such landowners must be advised that
they have 30 days in which to submit comments on the
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Revised 03/95
? i IVED
LIAR 1 3 2006
GgS'I AL MANAGEMC
Name L. Briggs Neal In EL1Zgg'ETH CITY NT
Address P.O. Box 3505
Kill Devil Hills , NC 27948
Phone
Name Lynn M. Small
Address 1112 W. Kitty Hawk Road
Kitty Hawk, NC 27949
Phone
Name N. C. State Universi
Property Control Section
Address P.O. Box 629
Raleigh, NC 27602-0629
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
6 A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to 10)
If the project involves the expenditure of public funds
or use of public lands, attach a statement documenting
compliance with the North Carolina Environmental
Policy Act
Form DCM-MP-1
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact, grant
permission to representatives of state and federal review
agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify fhat [he-information provided-ifi this - - - - - - - - - -
application is truthful to the best of my knowledge.
This is the 3rd day of March , 2006 .
Print Name Cl//, yWillliiss//
Signature -, r^'i`a
Landoivq r or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
_ DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
E' ?'' VE
MAR 1. 3 2005
00ASTALNIANAGEMENT
ELIZABETH CITY

NOTE: Please sign and slate each attachment in the
space provided at the bottom of each form.
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: North Carolina Department of Transportation (NCDOT)
LOCATION OF PROJECT SITE: SR 1208 (Kitty Hawk Road) at the bridge crossing over Jean Guile
Creek, Kitty Hawk (Dare County), North Carolina. '
Photo Index - 2000: M-4944 184-2124, 184-2125
State Plane Coordinates - X: 2956000 Y: 861000 (Kitty Hawk Quad)
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE: Date of Site Visit - March 28, 2006; Applicant Present - Yes
PROCESSING PROCEDURE: Application Received Complete - April 3, 2006
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan: Dare County
Land Classification From LUP: Conservation
(B) AEC(s) Involved: Public Trust Area/Public Trust Shoreline; Estuarine Water; Coastal Wetlands
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - None Planned - None
(F) Type of Structures: Existing - Road/Bridge
Planned - Pedestrian Multi-use Bridge & Elevated Walkway
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
7. HABITAT DESCRIPTION:
rARF.AI
DRi,DGFD FH.LEI2 OTHER

(A) VEGETATED WETLANDS:
(404/COASTAL) I 2150 sf (shading of
coastal wetlands-
walkway)
(B) NON-VEGETATED WETLANDS
(C) OTHER: 600 sf (shading - bridge)
(D) Total Area Disturbed: 2750 square feet (0.063 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: NCDOT plans to construct an elevated walkway and a pedestrian multi-purpose
bridge crossing over Jean Guile Creek on SR 1208, Kitty Hawk (Dare County), North Carolina.
Pedestrian Bridge/Jean Guite Creek - Dare Co.
Page 2 of 2
PROJECT SETTING
The project setting is adjacent to the Jean Guite Creek bridge crossing. Jean Guite Creek Bridge is located along
SR 1208 near the intersection of Kitty Hawk Road and Twiford Road, approximately 3 miles southwest of US Hwy
158, Kitty Hawk, NC. Jean Guite Creek is classified as inland waters and a Primary Nursing Area (PNA). It
carries the Best Usage Classification of "SC" (protected for secondary recreation), assigned by the Division of
Water Quality (DQW). Jean Guite Creek empties into the Currituck Sound and falls within the Public Trust and
Estuarine Waters areas of environmental concern (AEC).
Navigable clearance under the bridge is approximately T-0" and water depth near the center of the creek is about
4'-0". The existing bridge rests on four, wood-piled bents. Land located immediately adjacent to the bridge is
classified as wetlands. Other land use nearby consists of residential homes (low-density). Vacant lots and a church
are also near the project area.
Vegetation next to the bridge approaches consists mostly of domestic grasses and weeds, while visible aquatic
vegetation adjacent to the bridge consisted primarily of water lilies. Coastal wetland plant species were evident on
the west side of the bridge, consisting of Spartina patens and Juncus roentarianus. The east side of the bridge, also
a wetland area, is dominated by Phragmites species; however, coastal wetland vegetation was not observed in this
area.
DEVELOPMENT PROPOSAL
NCDOT is proposing to construct an elevated walkway and a 60' x 10' multi-purpose, pedestrian bridge on the
north side of the Jean Guite Creek Bridge. The decks of both structures will be made of salt-treated wood and will
be built outside of the existing footprint. This development did not require a permit from the U.S. Army Cotes of
Engineers 404 program.
The pedestrian bridge will shade approximately 600 square feet (60' x 10') of. Public Trust Area (PTA) and
Estuarine Waters (EW) AECs. The bridge will be constructed by cantilevering one side for support. A floating
barge will be in place to bolt and tack weld pilings and beams together. The other side of the pedestrian bridge will
be pile-supported with four, 12-inch steel "H" piles. A vibratory hammer will be used to install the "H" piles that
will be placed in-line with existing bridge pilings.
An elevated walkway is also planned to be constructed as an approach structure to the east and west sides of the
bridge. The structure will be 10-ft wide and will extend a distance of approximately 110-ft to the east and 215-ft to
the west from the ends of the bridge. Elevation of the proposed walkway is approximately 3-ft above the existing
wetland/water surface. The walkway will be aligned 5 feet from the edge of pavement and will be supported by 8-
inch, salt-treated wood pilings. An auger will be used to dig holes for pile installation.
ANTICIPATED IMPACTS
• Shading of approximately 600 square feet (0.014 acre) of PTA and EW due to pedestrian bridge placement.
• Shading of approximately 2150 square feet (0.049 acre) of coastal wetlands due to construction of elevated
walkway.
• Wetlands (404 and coastal) will be impacted due to placement of pilings to support elevated walkway and by
shading from the bridge.
• The multi-purpose walkway will provide safer passage for pedestrian crossing over Jean Guite Creek.
• There should be no long-term negative impacts associated with the construction of the bridge/elevated
walkway.

Submitted by: Wanda S. Gooden
Date Submitted: 2 May 06
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MAJOR PERMIT FEE MATRIX
Applicant: (? C? u? 12 G ?e iDC.
q evelopment Type Fee DCM %
(14300 1601 435100093 1625 6253) DWQ %
(243001602 435100095 2341)
1. ate, non-commercial
[0:] that does not
development $250 100°% ($250) 0% ($0)
invove the filling or
excavation of any wetlands
or o en water areas:
II. Public or commercial
development that does not $400 100%($400) 0%($0)
involve the filling or
excavation of any wetlands
or o en water areas:
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:

III(A). For Private non-
commercial development, if $250 100%($250) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
111(B). For public or
commercial development, if $400 100%($400) 0%($0)
General Water Quality
Certification No. 3301 (see
can be applied:
eneral Water
ertification No. $400 60%($240) 40%($160)
[ attached) could
T3301
d, but DCM staff
d that additional
d written DWQ
concurrence is needed
because of concerns
related to water quality or
a uatic life:
III(D). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
3(see attached) cannot
be applied:
IV. For development that
involves the filling and/or $475 60%($285) 40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:
!

Al01FR .1EFFR[NC! NO. !M[R NO.
ICA280/I 005
PLANS FOR PEDESTRMN FACILITY
ZWZFORD ST. AND W. X= HAWYIC RD.
a a a 10, SR 1207 AND SR 1208
DARE COUNTY
LENGTH OF PROJECT ..87 ALL.
etlands PF"\' I Y/ E®
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PATHWAY MAR 1 3 2000
COASTAL MANAGEMENT
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22Aoved stouloer WILL BE 2'-3'
I/ WATER SURFACE. m+rrw!
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1112 W. KITTY
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END STATE PROJECT
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SCALE: 1 „ - 5a
Permit Class (V Z
MODIFICATION/NIINOR (Dca
STATE OF NORTH CAROLINA
Permit Number
122-06
Department of Environment and Natural Resources n - f
and {._`. i3 i!
Coastal Resources Commission ?'
rrmtt 14Y 1 4 2007
40 t't'c71.V U3P:VO ioR. QUALITY
for NVV.4TER BWCH
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 Road, Edenton, NC 27932
Authorizing development in Dare County at Jean Quite Creek. SR 1208 (Kitty Hawk
Road) in Kitty Hawk as requested in the permittee's application dated 2/20/07,
including the attached workplan drawings (2): 1 dated 12/13/06; and 1 dated as received on 3/19/07.
This permit, issued on 4/25/07 , 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) Unless specifically altered herein, this minor modification authorizes the following: (1) replacement
of an existing culvert; (2) installation of rip-rap around the inlet/outlet for shoulder stabilization; and
(3) widening of the existing roadway within the 30 foot buffer of the Coastal Shoreline Area of
Environmental Concern (AEC) to accommodate pedestrian traffic along the road shoulder, all as
indicated on the attached workplan drawings.
2) Turbidity curtains and silt fences shall be used to isolate all work areas from the water body,
including placement of riprap, culvert installation, excavation or filling. The turbidity curtains shall
be properly maintained and retained in the water until construction is complete and all of the work
area contained by the turbidity curtains has been stabilized by vegetation or other means. The
turbidity curtains shall be removed when turbidity within the curtains reaches ambient levels.
(See attached sheet 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
:rsonnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
reunder requires further Division approval.
work must cease when the permit expires on
December 31, 2009
ng this permit, the State of North Carolina agrees
project is consistent with the North Carolina Coastal
cut Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
a p?
Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
N.C. Department of Transportation Permit # 122-06
Page 2 of 2
ADDITIONAL CONDITIONS
3) The culvert invert shall be buried at least one foot below normal bed elevation to allow for passage of
water and aquatic life.
NOTE: This minor modification authorizes impacts to approximately 248 square feet of wetlands and
approximately 40 square feet of stream.
4) The placement of riprap shall be limited to the areas as depicted on the attached workplan drawing(s).
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 authorized 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.
5) 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.
6) The temporary placement and double handling of any excavated or fill material within waters or
vegetated wetlands is not authorized. This condition also applies to the removal of the existing culvert
and associated materials.
7) No excavation 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 drawing(s), without permit modification.
8) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters outside of the alignment of the fill area(s) as indicated on the attached workplan drawing(s),
without permit modification.
9) All fill material shall be obtained from an upland source and shall be clean and free of any pollutants
except in trace quantities.
10) Live concrete shall not be allowed to contact the water in or entering into the waterbody or the adjacent
wetlands.
11) The permittee and/or the contractor shall schedule a preconstruction conference with a Division
Representative prior to project initiation.
12) This minor modification shall be attached to the original of CAMA Major Permit No. 122-06, which
was issued on 6/30/06, along with the Letter of Refinement issued on 10/2/06, and copies of all
documents shall be readily available on site when a Division representative inspects the project for
compliance.
13) All conditions and stipulations of the active permit remain in force under this minor modification
specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal, or local pe/
approvals, or authorizations that may be required. /

41JA ^
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0 North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Cathy Brittingham
Division of Coastal Management
FROM: Travis Wilson, Highway Project Coordinator
Habitat Conservation Program
DATE: May 26, 2006
SUBJECT: NCDOT request for a CAMA permit for the construction of a pedestrian bridge
crossing of Jean Guile Creek, on SR 1208, Dare County, North Carolina.
We have reviewed the information included in the package received from the Division of
Coastal Management. Our comments are provided in accordance with provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal
Area Management Act (G.S. 113A-100 through 113A-128).
We do not object to the issuance of the CAMA permit for this project provided that the
following conditions are included in the CAMA Permit:
1. Jean Guite Creek is designated as a primary nursery area; no in-water work should be
allowed from February 15 to September 30 of any year. For the purposes of this
moratorium, in-water is defined as those areas that are inundated at mean high water.
2. All riprap placed in-water should be free of pollutants and soil.
3. Live concrete should not be allowed to contact the water in or entering into the
stream.
4. Turbidity curtains should be used to contain all bottom disturbing activities, including
pile or casement driving/vibrating/jetting, placement of riprap, excavation or filling.
Excessive silt and sediment loads can have numerous detrimental effects on aquatic
resources including destruction of spawning habitat, suffocation of eggs, and
clogging of gills of aquatic species.
5. Culverts should be buried a minimum of I foot below streambed elevation.
4-
Memo
2
May 26, 2006
. NCDOT is expected to use Best Management Practices for the protection of Surface
Waters and Sedimentation and Erosion Control measures sufficient to protect the aquatic
resources. We have no objections to the proposed mitigation for this project.
Thank you for the opportunity to comment on this permit application. If you have any
concerns about our comments, please contact me at [phone].
cc: John Hennessy, DWQ, Raleigh
Bill Biddlecome, USACE, Washington
Permit Class Permit Number
NEW 122-06
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources /
and oCo(?ZZ
Coastal Resources Commission
Vermin 17 e, je O
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, 113 Airport Road, Edenton, NC 27932
Authorizing development in Dare County at Jean Quite Creek, SR 1208 (Kitty Hawk
Road) in Kitty Hawk , as requested in the permittee's application dated 3/3/06. including the
attached workplan drawings (2): 1 dated 1/18/06: and 1 dated as received on 3/13/06.
This permit, issued on 6/30/06 , 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.
Pedestrian Multi-Purpose Bridge and Elevated Walkwav
1) Prior to the initiation of any construction activities authorized by this permit, the permittee shall initiate
coordination with the Department of Cultural Resources (DCR) to ensure that the authorized project
does not have an adverse effect on the State study-listed historic property located at 1200 Kitty Hawk
Road (Decatur Beacham House, DR 226). The permitted construction activities may commence once
written approval is obtained from DCR, and a copy of this approval submitted to the Division of Coastal
Management (DCM).
2) Jean Guite Creek is designated by the N.C. Wildlife Resources Commission (WRC) as an inland
primary nursery area. Therefore, no in-water work shall be conducted from February 15th to September
30th of any year without prior approval of DCM, in consultation with WRC. For the purposes of this
moratorium, in-water is defined as those areas that are inundated at normal high water.
(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, 2009
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 DGNR and the
Chairman of the Coastal Resources Commission.
Charles S. Jot es, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
N.C. Department of Transportation Permit #122-06 l
Page 2 of 3
ADDITIONAL CONDITIONS
3) Use of"a backhoe in wetlands and waters of the State is not authorized. All construction access shall be
through the use of the existing bridge and/or a floating barge. Construction access across wetlands shall
require additional authorization from DCM.
4) Barges, when used, shall be floated into place. They shall not be sunk.
5) The walkway shall be elevated a minimum of 36" above any coastal wetland substrate as measured from
the bottom of the decking.
6) The pile installation practice for the bridge shall be accomplished using a vibratory hammer.. The pile
installation practice for the elevated walkway shall be accomplished using a small auger. Should the
permittee and/or its contractor propose to utilize another type of pile installation, such as jetting or
drilled shaft construction, additional authorization from DCM shall be required.
7) This permit authorizes only the pedestrian multi-use bridge and walkway located in or over the water
that is expressly and specifically set forth in the permit application. No other structure, whether floating
or stationary, may become a permanent part of this pedestrian multi-use bridge and walkway without
permit modification. No non-water dependent uses of structures may be conducted on, in or over public
trust waters without permit modification.
8) Dredging in any manner, including "kicking" with boat propellers is not authorized.
9) Live concrete shall not be allowed to contact the water in or entering into Jean Guite Creek, or the
adjacent wetlands.
NOTE: This project will permanently impact approximately 2,150 square feet of coastal wetlands due to
shading and 600 square feet of surface waters due to shading.
Sedimentation and Erosion Control
10) The permittee shall follow "Best Management Practices for the protection of Surface Waters".
11) 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 Division of
Land Resources.
12) 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.).
13) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
General
14) The vertical and horizontal navigational clearance under the bridge when the project is complete shall be
the same as the pre-project vertical and horizontal navigational clearance under the bridge.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #122-06
Page 3 of 3
15) 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.
16) During bridge construction, the permittee shall make every attempt to allow the same navigation that is
currently possible in Jean Guite Creek, north and south of the existing bridge. If this is not possible,
then adequate notice must be provided to the public that navigation will be limited during construction.
The notice shall include an estimate of the amount of time that the limited navigation will occur.
17) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
18) If it is determined that additional permanent and/or temporary impacts (such as but not limited to
temporary access roads, detours, or matting to transport equipment across wetlands) are necessary that
are not shown on the attached workplan drawings, a permit modification and/or additional authorization
from DCM shall 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.
19) Development authorized by this permit shall only be conducted within NCDOT Right-of-Ways and/or
easements.
20) This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals
or authorizations that may be required. This includes a permit from the U.S. Coast Guard, if required.
NOTE: The U.S. Army Corps of Engineers made a No Permit Required determination for this project
(Action ID No. 200610658).
NOTE: Due to projected usage, this project area may affect existing potable water distribution and/or
service lines in the area. The permittee should contact the Dare County Water Department to
arrange a site visit to confirm any water line locations prior to construction.