20110465 Ver 1_Meeting Minutes_20110208

SURPLUS RIGHT OF WAY DISPOSAL AND CONTROL OF ACCESS REVIEW COMMITTEE
MEETING MINUTES OF FEBRUARY 8, 2011
Attending Committee Renreeentativee
Art McMillan Highway Design Branch (Chairperson)
Thomas Terry Highway Design Branch
Dewayne Sykes Utilities Unit
Chris Haire Roadway Design Unit
Mohammed Mahjoub Roadway Design Unit
Jim Dunlop Traffic Management Unit
Haywood Daughtry Traffic Safety Unit
Eric Midkiff Project Development and Environmental Analysis
Daniel Keel Operations
Denise Amato Right of Way Branch
Kandace Harris Right of way Branch
Joe Geigle FHWA
Attending Committee Guests:
John Davenport Davenport Transportation Consulting
Dan Cumbo Davenport Transportation Consulting
Howard Fleming Davenport Transportation Consulting
REQUEST FOR CONTROL OF ACCESS REVISIONS
DWE III, LLC E LaDane Enterprises, LLC - Brunswick County
Request from Mr. Daniel R. Cumbo, PE with Davenport Transportation Consulting
on behalf of DWE III, LLC & LaDane Enterprises, LLC, for modification to the
existing control of access at NCDOT Access #4 to Oak Island Connector in the
Town of Oak Island.. This request is to modify control of access locations
along the second bridge to Oak Island Connector, TIP R-2245.
State Project 34407.3.1,R/W
F. A. Project STP-1105(7), R/W
Approved - The committee determined that the control of access break is
warranted and justified. The Committee Chairperson will initiate a meeting
with the NCDOT State Highway Administrator, the Division Administrator of the
FHWA, the Deputy Regional Administrator of the-USEPA, and the Chief Deputy
Secretary for NCDENR to determine if all parties are in agreement.
REQUESTS FOR SURPLUS RIGHT OF WAY DISPOSAL
Terminal Road'Property, LLC - New Hanover County
Request from Mr. Mark Ragozzino, Manager of Terminal Road Property, LLC to
dispose of surplus right of way along SR 2134 (Terminal Road South) in
Wilmington.
State Project 6.1360201, R/W
F. A. Project F-3-1(2), Const.
Approved - The committee recommended disposing of surplus right of way along
SR 2134 (Terminal Road South) as requested subject to enhancement fees.
Ln
r ,
Surplus Right of Way Disposal and Control of Access Review Committee Meeting
Minutes - February a, 2oll
Page 2 of 2
PC Specialty Retail, LLC - Lincoln County
Request from Mr. Wesley L. Deaton with Pendleton, Pendleton & Deaton, P.A. on
behalf of PC Specialty Retail, .LLC to dispose of surplus right of way along
NC 150 at NC 27 in Lincolnton.
Approved - The committee recommended disposing of surplus right of way along
NC 150 subject to the following:
• Enhancement fees shall be associated with the disposal.
• The control of access limits shall be reestablished along the proposed
right of way line.
• Mohammed Mahjoub will coordinate with the Division on acquiring a
development site plan.
• A break in the existing control of access shall be allowed for pedestrian
engress/egress.
Next Meetings Tuesday, March 8, 2011 at 9:00 AM
Highway Design Branch Conference Room
Century Center, Entrance, A-1, Room 183
Art McMillan, PE Date
State Highway Design Engineer
AM/tct Committee Chairperson
MEMORANDUM OF UNDERSTANDING
Among the
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
and.
THE FEDERAL HIGHWAY ADMINISTRATION
and
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
and
THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
This Memorandum of Understanding ("MOU") is made on the last day entered
below among the North Carolina Department of Transportation ("NCDOT"), the Federal
Highway Administration ("FHWA"), the United States Environmental Protection Agency
("USEPA"), and the North Carolina Department of Environment and Natural Resources
("NCDENR") (collectively referred to hereinafter as "the Parties").
GENERAL RECITALS
WHEREAS, the FHWA and NCDOT approved the selected alternative for TIP
project R-2245 (hereinafter, "the Project") as part of the Record of Decision executed by
FHWA and NCDOT on October 20, 2004 and November 10, 2004, respectively;
WHEREAS, the approved alternative for the Project is described as widening
SR 1105 (Middleton Avenue) between the Atlantic Ocean and the Atlantic Intracoastal
Waterway ("AIWW"), constructing a new bridge over Davis Canal and a new high-rise
bridge over the AIWW to the mainland, and constructing a roadway on new location
from the new high-rise bridge to NC 211 at SR 1500 (Midway Road);
WHEREAS, pursuant to the Merger 01 Process, certain federal and state resource
and regulatory agencies participate with NCDOT in the early planning process for select
NCDOT projects;
WHEREAS, pursuant to N.C.G.S. §§ 136-18(5), 136-18(29) and 136-93,
NCDOT and the Board of Transportation are authorized to issue policies and rules
governing the permitting of street and driveway access to State highways;
WHEREAS, pursuant to the Merger 01 process and interagency discussion
among the Parties, NCDENR and USEPA have determined that maintaining control of
access along portions of the right-of-way of the Project is necessary to minimize indirect
effects to wetlands and water quality within the study area, which they believe may result
from the Project; and
WHEREAS, NCDOT and the FHWA agree that the control of access limits are
important to maintaining the safety, mobility, and operational integrity of the project.
NOW THEREFORE, the Parties agree as follows:
. 1.0 NCDOT Authority and Procedure. The Parties agree that NCDOT is
given the statutory authority to review street and driveway access requests pursuant to
N.C.G.S. §§ 136-18(5), 136-18(29) and 136-93, and has an established procedure for
determining whether to grant street and driveway access to state highways.
2.0 Project Control of Access Limits and Special Designation.
2.1 Control of Access - Control of access limits subject to the MOU
shall begin at the northern terminus of the Atlantic Intracoastal Waterway Bridge
(approximate station -L- 63+00) and continue to the intersection of the NC 211
southern right of way boundary (approximate station -L- 248+00).
2.2 Access Breaks - Three designated access breaks on the mainline
will be allowed for access roads. NCDOT may allow the following breaks in
access without complying with paragraph 3.0 below:
Access Centerline of Access Break East or West of Mainline
Access 2 -L- Station 72+65.00 West
Access 3 -L- Station 192+55.00 East
Access 4 -L- Station 151+55.00 West
The length of control of access along each access road is as shown on the
attached Exhibits 2 through 4. It is understood by all parties that the access roads
may be longer than what is shown on Exhibits 2 through 4; however, the control
of access limits will end at the locations depicted on the Exhibits. The right of
way width for each access road identified in the table above shall be 100 feet
total, 50 feet on each side of its centerline. The width of the access break will be
wider than 100 feet at the mainline, and may be wider than what is shown on the
Exhibits, to accommodate sight triangles, or as necessary for safety or traffic
engineering reasons. This right of way will have the same special control of
access designation as the mainline (see paragraph 2.3 below), and any request for
future access breaks will be subject to paragraph 3.0 of this Agreement.

Access 2 is a reserved future access break. All parties agree that NCDOT
may allow this break in access, without complying with paragraph 3.0 of this .
Agreement, subject to conditions established in the permit issued by the United
States Army Corps of Engineers for the Project. Access 2 is identified by a note
on the NCDOT plans that states: "A future control of access break-has been
reserved left of -L- Sta. 72+65.00. Any access break at this.location shall be in
accordance with specific guidelines set forth in the Memorandum of
Understanding between NCDOT, FHWA, NCDENR and USEPA and permit
conditions prescribed by USACE."
A gate and gravel driveway will be installed east of -L- Station 73+00.00
to allow access by the United States Army Corps of Engineers to property over
which the Corps holds an easement.
2.3 Special Designation - NCDOT agrees to provide special designation of
the subject Control of Access limits on the NCDOT plans as "Special Control of
Access" with a unique symbol and a legend referencing this agreement between
the Parties. (See Exhibit 1, Sample Special Control of Access Designation)
NCDOT agrees to include a description of the Control of Access limits in
each deed it records for properties that fall within the area described in this
paragraph 2.0. NCDOT further agrees that it will contact, in writing, the nine
landowners adjacent to the controlled access area from which NCDOT purchased
or condemned property for the Project, after their right-of-way claims are
finalized, and request that said landowners include deed restrictions on their
properties to indicate the Control of Access limits.
3.0 Review of Requests to Break Control of Access. As part of the right-of-way
acquired by NCDOT for the Project, NCDOT has also acquired the right to control the
access to such right-of-way along portions of the project. Accordingly, it is the intent
and desire of NCDOT to maintain the integrity of the roadway facility by retaining the
control of access limits described in paragraph 2.0.
3.1 Initial Review and Consideration by NCDOT - If a future request
is made to break the existing control of access limits along the Project at any
location other than those specified in paragraph 2.2 above, NCDOT agrees to
follow the Operating Procedures (hereinafter, "the Procedures") of the NCDOT
Right of Way Disposal and Control of Access Committee (hereinafter, "the
NCDOT Committee"), except to the extent the Procedures differ from the process
described herein. The person applying for the control of access break must first
submit a request to the District Engineer, who will gather information about the
request and forward it to the Division Engineer. The Division Engineer may deny
the request. If the Division Engineer does not deny the request, the request shall
be forwarded to the Chairperson of the NCDOT Committee. The NCDOT
Committee will review the request. If the NCDOT Committee does not deny the
request, the request shall be forwarded to the NCDOT State Highway
Administrator, the Division Administrator of the FHWA, the Deputy Regional
3

Administrator of the USEPA, and the Chief Deputy Secretary for NCDENR
(collectively referred to hereinafter as the "Parties' Executives").
3.2 FHWA, USEPA and NCDENR Consideration - Once the request
has been transmitted to the Parties' Executives, the NCDOT State Highway
Administrator, or his designee, will initiate a meeting among the Parties'
Executives, or their designees, to review the request. The Parties' Executives will
consult and discuss the control of access break request. Any objection by
NCDENR or USEPA to the control of access break request will be based upon
their respective agency's expertise and consistent with impact avoidance and
minimization purposes, and must be presented in writing to the other Parties'
Executives. All Parties agree that in order for a break in the control of access to
be approved, all Parties must concur and each Party must document concurrence
in written form. NCDOT will notify the requesting, party of the approval or denial
of the request for a break in the control of access.
4.0 Notices. All notices required under this MOU shall be in writing and sent
via U.S. Mail, postage pre-paid, by national courier service or hand delivered to the
addresses set out below. Notice shall be deemed delivered and given when mailed, if
mailed, or when delivered by hand or by courier, upon receipt.
Notice to NCDOT
State Highway Administrator
1536 Mail Service Center
Raleigh, NC 27699-1536
Notices to FHWA
Division Administrator,. NC Division
310 New Bern Avenue, Suite 410
Raleigh, NC 27601-1418
Notices to USEPA
Deputy Regional Administrator
USEPA Region 4
61 Forsyth Street
Atlanta, Georgia 30303-8960
Notices to NCDENR
Chief Deputy Secretary
1601 Mail Service Center
Raleigh, NC 27699-1601
5.0 Amendments. This Agreement may be amended only by mutual
agreement of the Parties. All amendments must be in writing and executed by all Parties.
6.0 Termination. This MOU may be terminated upon written agreement of
the Parties.
7.0 Severability and Survival. If any of the provisions contained in this
MOU are held illegal, invalid or unenforceable, the enforceability of the remaining
provisions shall not be impaired thereby.
4
8.0 Funding. Nothing in this Agreement obligates any of the parties to pay
any monies to any other party to this Agreement. In the event that a party to this
Agreement enters into a contract, grant or Interagency Agreement with another party to
this Agreement, the validly executed contract, grant or Interagency Agreement shall
control the disbursement of any funding, the applicable scope of work and the resolution
of any disputes involving the contract, grant or Interagency Agreement.
9.0 Authorities. No Provision or requirement in this Agreement shall affect
or otherwise alter any of the delegated legal authorities of any of the signatory agencies.
This Agreement shall be effective on the date of the last signature below.
IN WITNESS WHEREOF, the Parties have each executed this Agreement, this
the day of
Len Sanderson
NCDOT, State Highway Administrator
2006.
Z-2,0 -D6
John Sullivan, III
FHWA, Division Administrator
J. I. al r, Jr.
USEPA, Regional Administrator
Dempsey ent
NCDENR, Chief Deputy Secretary
Date
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
March 20, 2007
Regulatory Division
SUBJECT: Action ID 199506041; TIP Project No. R-2245, Second Bridge to Oak Island,
Brunswick County, North Carolina
Gregory J. Thorpe, Ph.D, Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
Division of Highways
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr. Thorpe:
Ir E V E
L15
OFFICE OF NATURAL ENVIR0JNV7T
Enclosed is a Department of the Army (DA) permit to directly discharge dredged and /or fill
material into the Atlantic Intracoastal Waterway (AIWW), Davis Canal and an unnamed
tributary to River Swamp for the construction of a high rise bridge over the AIWW from
Middleton Avenue to the mainland, the replacement of Bridge No. 206 over Davis Canal, and
the construction of a four-lane road on a new location from the AIWW to NC Highway 211, near
Smith, Brunswick County, North Carolina. The proposed roadway is approximately 4.5 miles in
length and starts at SR 1104 (Beach Drive) on Oak Island and continues to NC 211, west of
Southport (between Latitude 33.9169N, Longitude 78.1612W and Latitude 33.9719N, Longitude
78.1309W).
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your failure
to comply with these conditions could result in a violation of Federal law. Certain significant
conditions require that:
a. You must complete construction before December 31, 2010.
b. You must notify this office in advance as to when you intend to commence and
complete work.

-2-
c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
You should address all questions regarding this authorization to Ms. Jennifer Frye of my
Wilmington Regulatory Field Office at [phone].
Sincerely,
John E. Pulliam, Jr.
Colonel, U.S. Army
District Commander
Enclosures
Copy Furnished (with enclosures):
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm 7316
Silver Spring, MD 20910-3282
Copies Furnished (with special conditions and plans):
Mr. Ronald Mikulak, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street,. SW
Atlanta, Georgia 30303
Mr. Pete Benjamin, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

-3-
Mr. Ron Sechler
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Mr. Dave Rackley
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
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Applicant: North Carolina Department of File Number:
Date:
Transportation 199506041 March 14, 2007
Attached is: See Section below
X INITIAL PROFFERED PERMIT (Standard Permit or Letter of ermission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
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A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
- the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the pemvt to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein
ou
, y
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date
of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Cor
s of En
ineers Administr
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a
ve
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by
contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to
reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ALlAI 1UNAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POIN OE`GOI T CT F.QR?' ?g T?tfi®I -og IFM VAM ONE..tt t" ;. .
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If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr. Richard K. Spencer, Regulatory Project Manager Mr. Michael Bell, Administrative Appeal Review Officer
U.S. Army Corps of Engineers, Wilmington District CESAD-ET-CO-R
Wilmington Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division
69 Darlington Avenue 60 Forsyth Street, Room 9M 15
Wilmington, North Carolina 228402 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
of aDDellant or
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
DEPARTMENT OF THE ARMY PERMIT
Permittee NC DEPARTMENT OF TRANSPORTATION
Permit No. 199506041
Issuing Office USAED, Wilmington
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: directly discharge dredged and/or fill material into the Atlantic Intracoastal
Waterway (AIWW), Davis Canal, and an unnamed tributary to River Swamp for the construction
of a high rise bridge over the AIWW from Middleton Avenue to the mainland, the replacement of
Bridge No. 206 over Davis Canal, and the construction of a four-lane road on a new location from
the AIWW to NC Highway 211, near Smith, Brunswick County, North Carolina.
Project Location: The proposed roadway is approximately 4.5 miles in length and starts at SR 1104
(Beach Drive) on Oak Island and continues to NC 211, west of Southport (between Latitude
33.9169N, Longitude 78.1612W and Latitude 33.9719N, Longitude 78.1309W).
Permit Conditions:
General Conditions:
I. The time limit for completing the work authorized ends on December 31, 2010 If you find that you need more time
to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project. -
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any, liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
zhr>lzbo
(PERMITTE 1 NC DEPARTMENT OF TRANSPORTATION '(DA TE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
_ gel tl 3-Zo-67
(DISTRICT ENGINEEJ2) .JOHN E. P LIA , JR., COLONEL (DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
'U.S. GOVERNMENT PRINTING OFFICE: 1986- 717-425
SPECIAL CONDITIONS
TIP Project No. R-2245, Action ID 199606041
Work Limits
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.
2. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land-clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patters within waters or
wetlands or to reduce the reach of waters or wetlands.
Related Laws
4. If the North Carolina Division of Water Quality has issued a conditioned Water Quality
Certification for your project, the conditions of that certification are hereby incorporated as
special conditions of this permit. For your convenience, a copy of the certification is attached if
it contains such conditions.
5. All mechanized equipment will 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 Quality at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
Project Construction and Maintenance
6. The permittee shall schedule a pre-construction meeting between its representatives, the
contractor's representatives, and the Corps of Engineers, Wilmington Regulatory Field Office,
NCDOT Regulatory Project Manager, prior to any work within jurisdictional waters and
wetlands to ensure that there is a mutual understanding of all of the terms and conditions
contained within this Department of the Army Permit. The permittee shall provide the USACE,
Wilmington Regulatory Field Office, NCDOT Regulatory Project Manager, with a copy of the
final construction plans at least two weeks prior to the pre-construction meeting along with a
description of any changes that have been made to the project's design, construction
methodology or construction timeframe. The permittee shall notify the Corps of Engineers
Project Manager a minimum of thirty (30) days in advance of the scheduled meeting in order to
provide that individual with ample opportunity to schedule and participate in the required
meeting.
7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this permit
8. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
9. The pemmittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance. of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project
10. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate 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. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
11. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
water or wetlaud to its pre-project condition.
Enforcement
12. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Navigation
13. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
waterway to its former conditions. If the permittee fails to comply with this direction, the
Secretary or his representative may restore the waterway, by contract or otherwise, and recover
the cost from the permittee.
-2-
14. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States. No attempt will 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 for reason other than safety.
15. 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 Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will 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.
16. 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.
17. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at [phone].
Borrow and Waste
18. To ensure that all borrow and waste activities occur on high ground and do not result in the
degradation of adjacent wetlands and streams, except. as authorized by this permit, the permittee
shall require its contractors and/or agents to identify all areas to be used to borrow material, or to
dispose of dredged, fill, or waste material. The permittee shall provide the USACE with
appropriate maps indicating the locations of proposed borrow or waste sites as soon as the
permittee has that information. The permittee will coordinate with the USACE before approving
any borrow or waste sites that are within 400 feet of any streams or wetlands. All jurisdictional
wetland lines on borrow and waste sites shall be verified by the Corps of Engineers and be
shown on the approved reclamation plans. The permittee shall ensure that all such areas comply
with this condition, and shall require and maintain documentation of the location and
characteristics of all borrow and disposal sites associated with this project. This information will
include data regarding soils, vegetation and hydrology sufficient to clearly demonstrate
compliance with the preceding condition. All information will be available to the USACE upon
request. NCDOT shall require its contractors to complete and execute reclamation plans for each
waste and borrow site and provide written documentation that the reclamation plans have been
implemented and all work is completed. This documentation will be provided to the Corps of
Engineers within 30 days of the completion of the reclamation work.
-3-
Moratorium
19. A moratorium on all work in the waters of Atlantic Intracoastal Waterway (AIWW) and
Davis Canal will be in effect (in accordance with National Marine Fisheries Letter dated March
24, 2004) during construction of this project for the period between February 15 and June 30th
of any year to protect anadromous fish spawning.
20. The West Indian manatee (Trichechus manatus), which is listed as a federally endangered
species, has been reported in the waters in Brunswick County. If work must be done during the
period from June through October the enclosed guidelines, entitled "Precautions for General
Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" must
be followed.
Compensatory Mitigation
21. Compensatory mitigation for the unavoidable impacts to 21.448 acres of wetlands and 15
linear feet of perennial stream associated with the proposed project shall be provided by the
Ecosystem Enhancement Program (EEP), as outlined in the letter dated January 12, 2007 from
William D. Gilmore, EEP Director. Pursuant to the EEP Memorandum of Agreement (MOA)
between the State of North Carolina and the US Army Corps of Engineers signed on July 22,
2003, the EEP will provide 0.052 acres of restoration equivalent riparian wetlands, 42.844 acres
of restoration equivalent non-riparian wetlands, and 30 linear feet of restoration equivalent warm
water stream channel in the Lumber River Basin in the Southern Outer Coastal Plain eco-region
(Hydrologic Cataloging Unit 03040207 in accordance with Section X of the MOA. For
wetlands, a minimum of 1:1 (impact to mitigation) must be in the form of wetland restoration.
The NCDOT shall, within 30 days of the issue date of this permit, certify that sufficient funds
have been provided to EEP to complete the required mitigation, pursuant to Paragraph V. of the
MOA."
Conservation Easements
22. Permittee shall execute and cause to be recorded in the Brunswick County Register of Deeds
the conservation easement between Reserve Development and the North Carolina Department of
Transportation in accordance with the agreement between Reserve Development and the North
Carolina Department of Transportation dated December 22, 2006 for the purpose of maintaining
the conservation areas, as shown on the `North Bay", "East Bay", Wildlife Corridor 1", and
Wildlife Corridor 2" as depicted in Exhibit A, in their natural state in perpetuity by September 30,
2007. The permittee shall enforce the terms of the conservation easement and, prior to
conveyance of the property, shall take no action on the property described in the covenants
inconsistent with the terms thereof. The pemiittee shall provide copies of the recorded
conservation easement to the Corps of Engineers and the United States Environmental Protection
Agency by October 30, 2007.
23. Permittee shall execute and cause to be recorded in the Brunswick County Register of Deeds
the conservation easement in accordance with the agreement between Ladane Williamson and Dr.
DeCarol Williamson and the North Carolina Department of Transportation dated November 20,
2006 for the purpose of maintaining the conservation areas, as shown on the "PR3", "West Bay",
-4-
in Exhibit A, in their natural state in perpetuity by September 30, 2007. The permittee shall
enforce the terms of the conservation easement and, prior to conveyance of the property, shall take
no action on the property described in the covenants inconsistent with the terms thereof. The
permittee shall provide copies of the recorded conservation easement to the Corps of Engineers
and the United States Environmental Protection Agency by October 30, 2007.
Access Control
24. An access point/alignment is located along the project at approximately -L- Station 192+55
(full movement) (ACC3). Additional access points/alignments at approximately -L- Station
72+65 (ACC2) and -L- Station 151+55 (ACC4) have been approved pursuant to the
Memorandum of Understanding (MOU) between the NCDOT, FHWA, USEPA, and NCDENR.
Any future changes to the control of access, beyond the three enumerated above, that result in
either direct or indirect impacts to waters of the,United States require written approval from the
US Army Corps of Engineers.
-5-
65f
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February 19, 2007
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS Proposed Construction of Second Bridge to Oak Island in
Brunswick County, Federal Aid Project No. STP-1105(6), State Project No. 8.2231201, TIP
Project No. R-2245.
DWQ Project No. 20070047, Individual Certification No. 3608
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 3608 issued to The North Carolina Department of
Transportation dated February 19, 2007.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Alan W. Klimek, P.E.
Director
Attachments
cc: Dave Timpy, US Army Corps of Engineers, Wilmington Field Office
Jennifer Frye, US Army Corps of Engineers, Wilmington Field Office
Chris Militscher, Environmental Protection Agency
Kathy Matthews, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish and Wildlife Service
Steve Sollod, Division of Coastal Management
Ken Averitte, DWQ Fayetteville Regional Office
File Copy
Transportation PenniNnq Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX 919-733b8931 Internet: httl):/lh2o.enr.state.nc.us/ncwetlands
?{ -amts WQ ?? / Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
'401
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401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 211.0500. This certification authorizes the NCDOT to impact 22.798 acres of
jurisdictional wetlands and 354 linear feet of jurisdictional streams in Brunswick County. The project
shall be constructed pursuant to the application dated received January 8, 2007 and the subsequent
supplemental information submittals dated received January 19, 2007 and January 30, 2007. The
authorized impacts are as described below:
Ctrpam lmnnrtc in the r .L- R:.. . R.,
Site Permanent Fill in Temporary Permanent V Temporary Total Stream
Intermittent Stream Fill in Fill in Fill in Stream Impacts
(linear ft) Intermittent Perennial Perennial Impact Requiring
Stream (linear Stream Stream (linear ft) Mitigation
ft linear ft linear ft linear ft
11 207 52 0 0 259 0
34 0 0 15 80 95 0
Total 207 52 15 80 354 0
Total stream impact for Project: 354 linear feet
Wetland fmnacts in the I mmhpr Rivpr Rucin
Site Fill
(ac) Fill
(temporary)
ac Drawdown
Effect
ac Excavation
(ac) -Mechanized
Clearing
ac Hand
Clearing
ac Area under
Bridge
ac Total
Wetland
Impact ac
2 0.026 0.027 0 0 0 0 0 0.053
4 0 0.019 0 0 0 0 0 0.019
6 1.348 0 0 0 0.174 0.082 0 1.604
8 0.046 0 0 0 0.020 0.014 0 0.080
9 0.099 0 0 0 0.007 0 0 0.106
10 0.108 0 0 0 0.029 0.035 0 0.172
11 1.203 0 0 0 0.204 0.151 0 1.558
12 1.013 0 0 0 0.159 0.055 0 1.227
13 0.029 0 0 0 0.041 0.015 0 0.085
14 0.669 0 0 0 0.081 0.023 0 0.773
15 0.003 0 0 0 0.007 0.014 0 0.024
16 0.231 0 0 0 0.045 0 0 0.276
17 0.325 0 0 0 0.040 0.030 0 0.395
18 0.105 0 0 0 0.042 0.035 0 0.182
19 1.070 0 0 0 0.091 0 0 1.161
20 0.142 0 0 0 0.026 0 0 0.168
21 2.388 0 0 0 6,385 0.125 0 2.898
22 1.313 0 0 0 0.244 0.279 0 1.836
23 0.161 0 0 0 0.021 0.008 0 0.190
24 2.889 0 0 0 0.456 0.089 0 3.434
Transportation Pendrig Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Ralegh, North Carolina 27604
Phone: [phone] FAX 919-733{8931 Internet: h»ltr):/h2o.enr.state.nc.us/ncwetlands
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alain W. Klimek, P.E. Director
Division of Water Quality
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Duality
25 2.497 0 0 0' 0.411 0.167 0 3.075
26 0 0 0 0 0 0.013 0 0.013
27 0.004 0 0 0 0.021 0.007 0 0.032
28 0 0 0 0 0 0.002 0 0.002
29 0.682 0 0 0 0.123 0.019 0 0.824
30 0.687 0 0 0 0.297 0.091 0 1.075
31 0.073 0 0 0 0.015 0 0 0.088
32 0.514 0 0.671 0.166 0 0 0 1.351
33 0.047 0 0 0 0 0.050 0 0.097
Total 17.672 0.046 0.671 0.166 2.939 1.304 0 21798
Total Wetland Impact for Project: 22.798 acres.
Open Water Impacts in the Lumber River Basin
Site Permanent Fill in
Open Waters ac Temporary Fill in
Open Waters ac . Total Fill in Open Waters
ac
3 0.001 0.029 0.030
4 0 0.006 0.006
5 0,068 0.012 0.080
Total 0.069 0.047 0.116
Total Open Water Impact for Project: 0.116 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the
Lumber River Basin or wetlands in conjunction with the proposed development will not result in a
violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306,
307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions
hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated
received January 8, 2007 and the subsequent supplemental information submittals dated received January
19, 2007 and January 30, 2007. Should your project change, you are required to notify the DWQ and
submit a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter, and is thereby responsible for complying with all the conditions. If any
additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or
150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h) (6) and (7). For this approval to remain valid, you are required to comply with all
the conditions listed below. In addition, you should obtain all other federal, state or local permits before
proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal
Stormwater, Non-discharge and Water Supply watershed regulations. This Certification shall expire on
the same day as the expiration date of the corresponding Corps of Engineers Permit.
NyQ0.{thCarolina
Transportation Permitting Unit ,/VQlI!lYl??lf
1650 Mail Service Center, Ralevgh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Ralegh, North Carolina 27604
Phone: [phone] / FAX [phone] Internet http Hh2o.enr.state.nc. us/nmetlands
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Condition(s) of Certification:
Transportation Permitting Unit
1650 Mail Service Center, Raleigh. North Carolina 27699-1650
2321 CrabVee Boulevard, Suite 250, Raleigh, North Carolina 27694
Phone: [phone] FAX [phone] /Internet: hta:i/h2o.enr.state.nc.uslncwetlands
Project Specific Condition(s)
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek,P.E. Director
Division of Water Quality
Control of access shall be maintained along the proposed road corridor. Control of access shall
be maintained through the Memorandum of Understanding (MOU) agreed to by Federal
Highways Administration (FHWA), NC Department of Transportation (NC DOT), NC
Department of Environment and Natural Resources (NC DENR), and US Environmental
Protection Agency (US EPA) that was submitted in your application regarding the control of
access procedures. The MOU states that a "Special Control of Access" symbol shall be included
on all roadway plans for the Second Bridge to Oak Island. The symbol shall denote that special
approval is necessary to break access along the road corridor. This special approval requires
unanimous agreement in writing of the signatory agencies (FHWA, NC DOT, NC DENR, US
EPA) to allow the break in access control. The MOU establishes three designated access breaks
as follows:
Access Centerline of Access Break East or West of Mainline
Access 2 -L- Station 72+65.00 West
Access 3 -L- Station 192+55.00 East
Access 4 -L- Station 151+55.00 West

These access breaks are approved and not subject to the procedures of the MOU.
2. Although all three access breaks are approved by the MOU, only Access 3 and Access 4 are
approved for construction under this Water Quality Certification. Access 3 shall be located at
-L- Station No. 192+55.00 and shall maintain control of access for 100 feet of width for
approximately 1,000 linear feet of roadway from the eastern edge of the mainline right-of-way.
Small animal passage shall be provided under Access 3 by four 60" by 46" corrugated aluminum
pipes with a continuous aluminum barrier at both ends. The small animal passage pipes shall be
buried one foot deep and backfilled with one foot of soil. Access 4 shall be located at -L-
Station No. 151+55.00 and shall maintain control of access for 100 feet of width for
approximately 1,500 linear feet of roadway from the western edge of the mainline right-of-way.
3. Small animal passage shall be provided under the proposed subdivision road intersecting the
wildlife corridor on the Williamson property. The small animal passage shall be constructed in
accordance with section 3(b) of the notarized landowner agreement dated November 20, 2006
submitted in your application.
Access 2 will provide landowner access to MAS Properties, LLC. Access 2 shall be located at -
L- Station No. 72+65.00 and shall maintain control of access for 100 feet of width for
approximately 500 linear feet of roadway from the western edge of the mainline right-of-way. If
the final design plans for Access 2 include impacts to streams or wetlands, MAS Properties, LLC
shall submit five copies of the application for a 401 Water Quality Certification and required
fees to the NC Division of Water Quality for approval. Final designs shall reflect all appropriate
avoidance, minimization, and mitigation for impacts to wetlands, streams, and other surface
waters. No construction activities related to Access 2 that impact any wetlands, streams, or
surface waters, shall begin until after the permittee applies for, and receives written concurrence
in the form of a 401 Water Quality Certification from the NC Division of Water Oualitv. Any
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North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality

future landowners of the pro perty accessed by Access 2 are also subject to the requirements of
this condition.
5. NC DOT shall provide a gated driveway access point at approximately -L- Station No. 73+00 Rt
for the US Army Corps of Engineers to access maintenance areas for the Atlantic Intracoastal
Waterway.
6. NC DOT shall adhere to all appropriate in-water work moratoriums (including the use of pile
driving) prescribed by the National Marine Fisheries Service and the NC Division of Marine
Fisheries. No in-water work is permitted between February 1 and September 30 of any year,
without prior approval from the NC Division of Water Quality, the National Marine Fisheries
Service, and the NC Division of Marine Fisheries. In addition, the NC DOT shall conform with
the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage" (May
12, 1997) at all times.
7. The bridge over Davis Canal shall be constructed using driven piles. The bridge over the
Atlantic Intracoastal Waterway shall be constructed using drilled shaft pile installation. Jetting
shall not be used to install bridge piles at either location.
8. NC DOT shall follow the "Precautionary Guidelines for General Construction in Areas that may
be used by the West Indian Manatee in North Carolina" in accordance with US Fish and Wildlife
Service requirements.
9. Ten small animal passage pipes shall be constructed under the proposed mainline road between
Station Nos. 147+00 and 210+00. The animal passage pipes shall be 48" reinforced concrete
pipes or 60" by 46" corrugated aluminum pipes and shall be buried one foot deep and backfilled
with one foot of soil.
10. For all construction activities occurring, in high quality water (HQW) watersheds, NC DOT shall
use Design Standards in Sensitive Watersheds [15A NCAC 4B .0124(a)4e)].. All land
disturbing activities south of-L- Station No. 141+00 are subject to Design Standards in
Sensitive Watersheds. However, due to the size of the project, NC DOT shall not be required to
meet 15A NCAC 4B.0124(a) regarding the maximum amount of uncovered acres.
11. If multiple pipes or barrels are required, they should be designed to mimic natural stream cross
section as closely as possible including pipes or barrels at flood plain elevation and/or sills where
appropriate. Widening the stream channel should be avoided. Stream channel widening at the
inlet or outlet end of structures typically decreases water velocity causing sediment deposition
that requires increased maintenance and disrupts aquatic life passage.
12. As part of the avoidance and minimization strategy, NC DOT shall place approximately 880
acres under a conservation easement. The conservation easements shall be made up of
properties from two separate landowners, the Williamsons and the Reserve Development
Company (RDC). The Williamson properties shall include West Bay, the western end of East
Bay, a 300-foot wildlife corridor connecting the two bays, and three future park areas (PR3,
PRI 1, PR13). The RDC.properties shall include North Bay, the remainder of East Bay, and a
300-foot wildlife corridor connecting East Bay and North Bay. These properties are shown on
Exhibit A of the respective landowner agreements and on the map titled "R-2245 Second Bridge
Nr_o{?r??hCarolina
Transportation Permitting Unit ,/Vkrturally
1650 Mail service Center, Raleigh, North Camlina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httpJ/h2o.enr.state.nc.us/ncwetlands
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to Oak Island Water quality Certification Application Proposed Conservation Easement Details"
dated January 26, 2007. The approximate conservation easement wetland and upland acreages
are as follows:
Landowner Land Type Acreage
Williamson
Wetland 410
Upland 20
Total 430
Reserve Development Co.
Wetland 290
Upland 160
Total 450
Total 880
13. The conservation easements for the Williamson property and the RDC property shall be signed
and recorded with the Brunswick County Register of Deeds by September 30, 2007,
14. The property adjacent to -L- Station No. 199+30 Rt to 208+30 Rt has been obtained by NC
DOT as part of the 300-foot wide wildlife corridor between the East Bay and North Bay. This
property shall remain undisturbed and shall be noted in the NC DOT roadway plans as part of
the wildlife corridor. In addition, the parcel shall be recorded as a mitigation site in NC DOT's
Mitigation Site Geodatabase. In the event that the parcel is transferred to another landowner, a
conservation easement shall be placed on the parcel in perpetuity.
15. No work shall be performed in jurisdictional waters prior to obtaining a State Stormwater
Permit.
16. The post-construction removal of any temporary bridge structures must return the project site to
its preconstruction contours and elevations. The impacted areas shall be re-vegetated with
appropriate native species.
17. Bridge deck drains should not discharge directly into streams. Stormwater should be directed
across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed
scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current
version of Stormwater Best Management Practices. Stormwater shall be managed in accordance
with your State Stormwater Permit issued by DWQ.
18. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to
allow low flow passage of water and aquatic life. Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner that
may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and
down stream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to
be met due to bedrock or other limiting features encountered during construction, please contact
Transportation Permitling Unit
1650 Mail Service Center, Ralegh, North Carolina 276994650
2321 Crabtree Boulevard, Suite 250, Ralegh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: httv.i/h2o.en(.state.nc.us/ncwetiands
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Duality
An Equal OpportunitylAfhrmative Action Employer- 50%Recycled/10% Post Consumer Paper
QF„?N•t :?Fl? William G. Ross Jr., Secretary
\Q? -\ OG North Carolina Department of Environment and Natural Resources
h Alan W. Klimek, P.E. Director
Division of Water Quality
p od":gnA?rm ,?
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the NC DWQ for guidance on how to proceed and to determine whether or not a permit
modification will be required.
19. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner
that precludes aquatic life passage. Bioengineering boulders or structures should be properly
designed, sized and installed.
20. Compensatory mitigation for impacts to 0.026 acres of riverine wetlands and 21.422 acres of
non-riverine wetlands (total of 21.448 acres) is required at a 2:1 ratio. Therefore, mitigation for
0.052 acres of riverine wetlands and 42.844 acres of non-riverme wetlands is required. We
understand that you have chosen to perform compensatory mitigation for impacts to wetlands
through the North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has
agreed to implement the mitigation for the project. EEP has indicated in a letter dated January
12, 2007 that they will assume responsibility for satisfying the federal Clean Water Act
compensatory mitigation requirements for the above-referenced project, in accordance with the
Tri-Party MCA signed on July 22, 2003 and the Dual-Party MCA signed on April 12, 2004.
General Condition(s)
21. If concrete is used during construction, a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured
concrete should not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills.
22. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers.
23. The dimension, pattern and profile of the stream above and below the crossing should not be
modified. Disturbed floodplains and streams should be restored to natural geomorphic
conditions.
24. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed
for stream stabilization shall be placed in stream channels in such a manner that it does not
impede aquatic life passage.
25. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities
manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to
prevent excavation in flowing water.
26. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream.
27. Heavy equipment may be operated within the stream channels however, its usage shall be
minimized.
Transportation Penilfing Unit
1650 Mall Service Canter, Raiegh, North Carollna 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr state nc.us/ncwellands
An Equal Opportunity/Affirmative Action Employer -50%Recycledll0%Post Consumer Paper
\NH(F
O 9 William G. Ross Jr., Secretary
\O?.•° '+t?G North Carolina Department of Environment and Natural Resources
1 y Alan W. Klimek, P.E. Director
r- Division of Water Quality
28. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or
other toxic materials.
29. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification.
30. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
31. The permittee and its authorized agents shall conduct its activities in a manner consistent with
- State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal
law. If DWQ determines that such standards or laws are not being met (including the failure to
sustain a designated or achieved use) or that State or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification.
32. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1,
unless otherwise authorized by this certification.
33. A copy of this Water Quality Certification shall be posted on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be
maintained with the Division Engineer and the on-site project manager.
34. The outside buffer, wetland-or water boundary located within the construction corridor approved
by this authorization shall be clearly marked by highly visible fencing prior to any land
disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise
authorized by this certification.
35. Upon completion of the project, the NCDOT Division Engineer shall complete and return the
enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401
Certification has been completed.
36. Native riparian vegetation (ex., river birch, green ash, water tupelo, blackgum, redbay,
sycamore, swamp chestnut oak, tag alder, common pawpaw, ironwood, sweet pepperbush, titi,
Virginal willow, doghobble) must be reestablished within the construction limits of the project
by the end of the growing season following completion of construction.
37. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters
associated with this permit without appropriate modification. Should waste or borrow sites be
located in wetlands or streams, compensatory mitigation will be required since that is a direct
impact from road construction activities.
38. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards.
Na hCaro ma
TransportaGOn Permitting Unit attrra7
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htto://h2o.enr.state.nc.us/nmetlands
An Equal Opportunity/Affirmative Acton Employer - 50%Recyded/10% Post Consumer Paper
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39. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
a. The. design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
c. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
40. Sediment and erosion control measures shall not be placed in wetlands or waters unless
otherwise approved by this Certification. If placement of sediment and erosion control devices
in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon
completion of the project.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above conditions
are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification
shall expire upon the expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 19th day of February 2007
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.-`
Director
WQC No. 3608
N,ot?hCarolina
Transportation Permitling Unit r/VIIIJ/!lJ???
1650 Mail Service Center, Raleigh, North Camlina 27699-1650
2321 Crabtree Boulevard, Suite 250, Rale' , North Carolina 27604
Phone: [phone] FAX [phone] Internet: htto //h2o.enr.state.nc.usincwettands
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
An Equal OpporlunitylAffrmatve Action Employer- 50% Recycled110% Post Consumer Paper
J y
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC,
27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the congtruction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
1, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature
Date
Registration No.
N?hCarolSSna
,,o,p{`
Transportation Permitting Unit ,/V!!fllCQ!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-165
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX 919-733£8931 Internet: http:llh2o.enr.state.nc.us/ncwetlands
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer- 50% Reryded110% Post Consumer Paper
,Permit Class CrAmA
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermit
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
Permit Number
20-07
Issued to N.C. Department of Transportation, 1598 Mail Service Center, Raleigh, NC 27699-1548
Authorizing development in Brunswick County at a new crossing of the. Atlantic Intracoastal Waterway
and bridge replacement over Davis Canal on Oak Island as requested in the permittee's application dated 8/8/06 (MP-
1), 9/19/06 (MP-2 and MP-3) and 8/28/06 (MP-5),including the attached drawings as referenced in Condition No. 1 of this permit.
This permit, issued on 2/23/07 , 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
oe SUD1ect to tines, imprisonment or C1Vn d(;UQu; or may cause LuU perrtm Lo De null anQ vole.
Second Bridge to Oak Island Project (TIP No. R-2245)
1) All work authorized by this permit must be carried out in accordance with the following workplan
drawings, except as specifically modified herein:
1/2 size drawings: four (4) drawings dated 12/12/06; four (4) drawings dated 12/14/06; one (1)
drawing dated 12/15/06; fourteen (14) drawings dated 12/18/06; seven (7)
drawings dated 12/19/06; and thirty one (31) drawings dated 12/20/06.
8.5' X 11' Ocean Hazard Area Drawing, dated 9/14/06
Conservation Easement Map, dated 1/26/07
(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
No Expiration Date, pursuant to GS 136-44.713
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 DENR and the
Chairman of the Coastal Resources Commission.
.o
dt
Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
v Signature of Permittee
N.C. Department of Transportation
ADDITIONAL CONDITIONS

Permit # 20-07'
Page 2 of 7
2) In order to protect juvenile finfish, shellfish, and anadromous fish, including the Shormose Sturgeon, no
in-water work shall be conducted from February 1" through September 301h of any year without prior
approval of the NC Division of Coastal Management (DCM), in consultation with the NC Wildlife
Resources Commission (WRC) and the NC Division of Marine Fisheries (DMF).
3) The permittee shall implement NCDOT's Stream Crossing Guidelines for Anadromous Fish Passage,
except as modified in Condition No. 2 of this permit.
4) The West Indian Manatee, Trichecus inanatus, which is'listed as a federally endangered species, has
been reported in North Carolina waters. In order to protect the West.Indian manatee all in-work should
be done during the period from November 1 to May 31. If work must lie done during the period from
June through October the enclosed guidelines prepared by the U.S.,Fish and Wildlife Service (USFWS)
(rev. 06/2003), entitled "Guidelines for Avoiding Impacts to the West Indian Manatee: Precautionary
Measures for Construction Activities in North Carolina Waters" shall be followed.
5) The authorized project, is located ,wtthin a Primary Nursery Area (PNA) Therefore, in accordance with
T15A:07H.0208 of the rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall, be permitted:.! Dredging in'any, manner, including "kicking" with boat propellers is
not authorized. This prohibition shall be applied and enforced throughout the construction and any
following maintenance activities:'
6) The NCDOT document "Best Management Practices for Bridge Demolition and Removal" (final
9/20/99) shall be followed during demolition and construction'activities.
7) All materials and debris associated with the removal and/or construction of the existing, temporary,
and/or new bridge, roadway asphalt, existing causeway, and associated materials shall be disposed of at
an approved upland site or shall be recycled'in an environmentally°appropriate manner provided
appropriate authorizations from any relevant state, federal, or local authorities are obtained.
8) Debris resulting from demolition of the existing bridge, including deck components, shall not enter
wetlands or waters of the State, even temporarily:
9) The permittee shall exercise all available precautions in the day-to-day operation of the facility to
prevent waste from entering the adjacent waters.
10) The.permittee and/or his contractor shall provide for proper storage and handling of all oils, chemicals,
etc., necessary to carry out the project.
11) The permanent and temporary work bridge piles shall be installed with vibratory hammer, pile driver, or
drilling. Piles shall not be jetted. Shouldjetting of any bridge piles become necessary, a modification to
this permit shall be required.
12) Live concrete shall not be allowed to contact waters of the State or water ihat will enter waters of the
S tate.
N.. Department of Transportation
ADDITIONAL CONDITIONS
Permit # 20-07
Page 3 of 7
13) Turbidity curtains shall be used to isolate all work areas from the waters of Davis Canal, including pile
or casement installation, placement of riprap, excavation or filling. The turbidity curtains shall be
installed parallel to the banks on each side of the river. The turbidity curtains shall be of sufficient
length to extend to the substrate and shall encircle the immediate work area, however, they shall not
extend across the.water body or impede navigation. The turbidity curtains shall be removed when
turbidity within the curtains reaches ambient levels. The turbidity curtains shall be properly maintained
and retained in the water until work is complete and all of the planted work areas contained by the
turbidity curtains have been stabilized by vegetation or other means.
14) No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. Drilling fluids shall be disposed of in an upland disposal site. Any water returning. to the waters
of the State shall be of sufficient quality so as to not pose a threat to aquatic organisms or otherwise
violate State water quality standards.
15) Pilings from the existing bridge on Davis Canal shall be removed in their entirety, except that in the
event that a piling.breaks during removal and cannotbe,removed in:its entirety, the piling may be cut off
flush with the bed of the water body, and.the NC Division of Coastal Management shall be notified of
each occurrence within one working day.
Excavation and Fill
16) All excavated materials shall be confined above normal high 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...
17) 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 indicated on the work plan drawing(s).
18) Excavated material from the drilled-shaft construction shall- be removed from the encasements directly
into containment vessels.
19) All fill material shall be clean and free of any pollutants except in trace quantities.
20) All temporary fill shall be placed on geo-textile fabric to facilitate the total removal upon completion of
the project.
21) There shall be no clearing or grubbing of wetlands outside of the area(s) indicated on the attached
workplan drawing(s) without prior approval from the N.C. Division of Coastal Management.
22) Placement of riprap shall be limited to the areas as depicted on the attached work plan drawings. It shall
be of a size sufficient to prevent its movement from the authorized alignment by wave or current action.
The riprap material shall be free from loose dirt or any pollutant and shall consist of clean rock or
masonry materials, such as but not limited to, granite, marl, or broken concrete.
N.C. Department of Transportation
ADDITIONAL CONDITIONS

Permit # 20-07
Page 4 of 7
Bulkhead
23) The bulkhead shall be structurally tight so as to prevent seepage of fill materials through the structure.
24) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by the N.C. Division of Coastal Management.
25) The bulkhead shall be in place-prior to any backfilling.activities.
26) . All backfill material shall be obtained from a high ground source. No unconfined backfill shall be
discharged into estuarine or public trust waters. The fill material shall be clean and free of any
pollutants except in trace quantities.
Sedimentation and Erosion Control
27) The permittee shall follow-`Best Management Practices for the Protection of Surface Waters" and shall
also implement sedimentation and erosion control measures sufficient to protect aquatic resources.
28) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
29) This project shall conform to all requirements of the NC Sedimentation Pollution Control Act and NC
DOT's.Memorandum of Agreement with the Division. of Land Resources..
30) In order to protectwater quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters'.
31) Any work conducted within the portion of this project that is in a High Quality Water Zone shall comply
with the Design Standards in Sensitive Watersheds, 15A NCAC 4B .0124.
Avoidance and Minimization Measures
32) The permittee shall implement in its entirety the Special Control of Access provisions of the
Memorandum of Understanding (MOU) between the NC Department of Transportation (NCDOT), the
Federal Highway Administration (FHWA), the US Environmental Protection Agency (EPA), and the
NC Department of Environment and Natural Resources (NCDENR). Any additional access
points/alignments shall be approved pursuant to the MOU and the NC Division of Coastal Management
shall be contacted to determine whether any additional approvals are necessary.
:N.(. Vepartment of Transportation
ADDITIONAL CONDITIONS
Permit # 20-07
Page 5 of 7
33) In accordance with commitments made by the permittee to address avoidance and minimization
measures, the permittee shall place approximately 880 acres under conservation easement. The
conservation easements shall be made up of properties of two adjacent property owners. The properties
shall include properties known as: the West Bay; the western end of East Bay; a 300-foot wildlife
corridor connecting the two bays; three future park areas (known as PR3, PR11, and PR13); the North
Bay; the remainder of East Bay; and an additional 300-foot wildlife corridor connecting East Bay and
North Bay. These parcels are represented in the map entitled, "R-2245 Second Bridge to Oak Island
Water Quality Certification Application Proposed Conservation Easement Details", dated 1/26/07,
which was included in supplemental information contained in the correspondence of 1/26/07. The
conservation easements shall be recorded in the office of the Brunswick County Register of Deeds and a
copy of the recorded conservation easements shall be provided to DCM by September 30, 2007.
Mitigation
34) In accordance with Condition No. 20 of the DWQ 401 Water Quality Certification, compensatory
mitigation for impacts to 0.026 acres of riverine wetlands and 21.422 acres of non-riverine wetlands is
required at a 2:1 ratio. The Ecosystem Enhancement Program (EEP) has agreed to implement the
mitigation for this project.
35) In accordance with project commitments made by the permittee, in coordination with the Town of Oak
Island, the loss of the Middleton Avenue access to the Atlantic Intracoastal Waterway shall be mitigated
by the funding of the enhancement of existing public access points located at NE 2"d Street and NW 2"d
Street. The permittee shall provide documentation to DCM of the specific actions taken to mitigate for
the loss of the Middleton Avenue public access point and/or a copy of the signed agreement to mitigate
for the loss of the Middleton Avenue access point within one year of the date of issuance of this permit.
36) Due to the possibility that compaction, mechanized clearing and/or other site alterations might prevent
the temporary wetland impact areas from re-attaining jurisdictional wetland status, the permittee shall
provide an annual update on the wetland areas temporarily impacted by this project. This annual update
shall consist of photographs and a brief report on the progress of these temporarily impacted areas in re-
attaining wetland jurisdictional status. Three years after project completion, the permittee shall schedule
an agency field meeting with DCM, the DWQ USACE, and the WRC to determine if the wetland areas
temporarily impacted by this project have re-attained jurisdictional wetland status. If at the end of 3
years the wetland areas temporarily impacted by this project have not re-attained jurisdictional wetland
status, DCM and the above listed agencies shall determine whether compensatory wetland mitigation
shall be required.
37) In accordance with project commitments referenced in the permit application, native vegetation shall be
planted along roadsides to deter the spread of exotic and invasive species.
Utility Line Relocations
38) Any relocation of utility lines that is not already depicted on the attached work plan drawings, or
described within the attached permit application, shall require approval by DCM, either under the
authority of this permit, or by the utility company obtaining separate authorization.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Stormwater Management
Permit `# 20-07'
Page 6 of 7
39) The Division of Water Quality (DWQ) approval of this project under stormwater management rules of
the Environmental Management Commission is covered by way of Stormwater Permit No. SW8
060118, which was issued on 5/15/06. Any violation of the permit approved by the DWQ will be
considered a violation of this CAMA permit.
Development within the Ocean Hazard Area of Environmental Concern
40) Prior to the initiation of construction within the Ocean Hazard AEC, a Division representative shall
approve the first line of stable, natural vegetation and the corresponding setbacks. In this case, the first
line of stable natural vegetation is defined as the vegetation line that existed prior to the onset of the
most recent large-scale beach renourishment project. These setback determinations shall replace those
done at the time the permit application was processed and approved. Construction shall begin within
sixty days of this determination or the measurement is void and shall be re-established. In the case of a
major shoreline change within that period, a new setback determination shall be required before
construction begins.
41) Any structure within the Ocean Hazard Area of Environmental Concern shall be relocated or dismantled
when it becomes imminently threatened by changes in shoreline configuration as defined in
.0308(2)(B). The structure(s) shall be relocated or dismantled within two years of the time when it
becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural
shoreline recovery or beach renourishment takes place within two years of the time the structure
becomes imminently threatened, so that the structure is no longer imminently threatened, then it need
not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to
seek authorization of temporary protective measures allowed under Rule .0308(a)(2) of this Section.
General
42) If it is determined that additional permanent and/or temporary impacts will occur that are not shown on
the attached permit drawings, additional authorization from DCM shall be required.
43) This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that
may be required, including, but not limited to, any approvals by the USACE.
44) The issuance of this permit was based in part on information resulting from coordination between the
permittee and the U.S. Coast Guard (USCG). In order to ensure the safety of vessels utilizing the
Atlantic Intracoastal Waterway, the permittee shall implement any and all navigational safety
requirements of the USCG.
45) Unless specifically altered herein, any mitigative measures or environmental commitments specifically
made by the permittee in the CAMA permit application, the Final Environmental Impact Statement
dated 4/30/04, and/or during the NEPA/404 Merger Process, shall be implemented, regardless of
whether or not such commitments are addressed by individual conditions of this permit.
_N.C`. Department of Transportation Permit # 20-07
Page 7 of 7 .
ADDITIONAL CONDITIONS
46) The N.C. Division of Water Quality (DWQ) authorized the proposed project (DWQ Project No.
20070047) on February 19, 2007 under Water Quality Certification No. 3608. Any violation of the
Certification approved by the DWQ shall be considered a violation of this CAMA permit.
47) The permittee and/or contractor shall contact the N.C. Division of Coastal Management, Transportation
Project Coordinator at [phone] to schedule a pre-construction conference prior to project
initiation.
NOTE: The U.S. Army Corps of Engineers assigned COE Action ID No. 199606041 to the project.
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