20120296 Ver 2_Other Agency Comments_20120511

4 N
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
31L 0
tt
for
X Mayor Development in an Area of Environmental Concern
pursuant to NCGS 113A -118
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Permit Number
92 12
Issued to N C Department of Transportation, 1548 Mail Service Center, Raleigh, NC 27699 -1548
Authorizing development in Hertford and Gates County at Chowan River, US 13/US 158 between
Winton and Tarheel as requested in the permittee s application dated 5/11/12, including the
attached workplan drawings (203) as described in Condition No 1 below
This permit issued on 813/12 is subject to compliance with the application (where consistent
with the permit) all applicable regulations special conditions and notes set forth below Any violation of these terms may
be subject to fines imprisonment or civil action or may cause the permit to be null and void
TIP No R- 2507A, Roadway Widening including New Bridge over the Chowan River
1) All work authorized by this permit shall be carried out in accordance with the following attached
workplan drawings except as modified herein
Wetlands and Streams Impacts Drawings 78 dated 3/2/12 4 dated 3/5/12 and 6 dated 6/29/12
Roadway Design Drawings 79 dated 1/24/12
Utility Impacts Drawings 36 dated 5/1/12
(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
Braxton C Davis, Director
Division of Coastal Management
Tlus perrmt and its conditions are hereby accepted
Signature of Permittee

N C Department of Transportation
ADDITIONAL CONDITIONS
Permit #92 -12
Page 2 of 5
2) In accordance with commitments made within the permit application and in order to protect
anadromous fisheries resources during spawning periods, no in water work shall be conducted in the
Chowan River and the adjacent floodplain (when flooded) between February 15 to June 30 of any year
without prior approval of the N C Division of Coastal Management (DCM) in consultation with the
N C Wildlife Resources Commission
3) The permittee shall implement the N C Department of Transportation's (NCDOT s) Stream Crossing
Guluenries foi Luuadio iioug Flsii rasNagc; ekGcPL as luudllicu in �vuuiuvil ivv 2 of uu3 YCiliiiL
4) Unless specifically altered herein any mitigative measures or environmental commitments specifically
made by the permittee in the CAMA permit application and /or the Finding of No Significant Impact
(FONSI) document dated 4/27/11 shall be implemented regardless of whether or not such commitments
are addressed by individual conditions of this permit
5) All construction access for the permanent bridge over the Chowan River shall be through the use of
floating barges, the partially constructed new bridge and existing high ground areas
6) Barges used for construction access shall be removed immediately when they are no longer needed
7) The installation of the piles for the permanent bridge over the Chowan River shall be accomplished by
pile driving and/or the use of a vibratory hammer Should the permittee and/or its contractor propose to
utilize another type of pile installation such as betting or drilled shaft construction, additional
authorization from DCM shall be required
8) In accordance with commitments made by the permittee in the permit application there shall not be any
direct discharge from the new bridge over the Chowan River into wetlands or Waters of the State
9) The retaining walls shall be solid and constructed of treated wood, concrete slabs metal or vinyl sheet
piles or other suitable materials approved by DCM
10) The retaining walls shall be structurally tight so as to prevent seepage of fill materials through the
structure
11) The retaining walls shall be in place prior to any backfilling activities
12) All backfill material shall be obtained from a high ground source No unconfined backfill shall be
discharged into waters of the State
13) No excavation or filling shall take place at any time in any vegetated wetlands or surrounding waters
outside of the alignment of the areas indicated on the attached workplan drawings without permit
modification
14) All fill material shall be clean and free of any pollutants except in trace quantities
15) Material excavated from the project site may be used in fill areas associated with the project once
properly dewatered or shall be removed from the site and taken to a high ground location

»I
N C Department of Transportation
ADDITIONAL CONDITIONS
Permit #92 12
Page 3 of 5
16) All excavated materials shall be confined above normal water level and landward of regularly or
irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of
solids into any wetlands or surrounding waters
17) The temporary placement and double handling of any excavated or fill material within wetlands or
Waters of the State is not authorized with the exception of that fill necessary for the temporary crossing
�m of Buckhorn Creek
18) Live concrete shall not be allowed to contact the water in or entering into Waters of the State or the
adjacent wetlands
19) Waste materials and debris generated during construction of the new bridge over the Chowan River and
associated roadway as authorized by this permit 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
20) The placement of nprap shall be limited to the areas as depicted on the attached workplan drawings
The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities
The riprap material shall consist of clean rock or masonry materials such as but not limited to granite
marl or broken concrete
Utility Impacts
NOTE Construction of the project will also require the relocation of electric gas cable, sewer internet
telephone and water utility lines with associated hand and mechanized clearing Wetland and
stream impacts resulting from the utility relocations have been included in the total wetland and
stream impacts for this project
21) Any utility work associated with this project that is not specifically depicted on the attached workplan
drawings or described within the attached permit application shall require approval from the DCM,
either under the authority of this permit or by the utility company obtaining separate authorization
NOTE Plans and specifications for the relocation and/or replacement of potable water supply lines must
be submitted to the N C Division of Environmental Health Public Water Supply Plan Review
Section for approval prior to construction Final approval must be issued before water lines are
placed into service
NOTE Engineers and contractors should be aware of utility locations during entrance and egress from
the project area The permittee is advised to contact the Hertford County Water Department
Gates County Water Department and Town of Winton to assist with the location of existing
water mains in the project area
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N C Department of Transportation
ADDITIONAL CONDITIONS
Permit #92 -12
Page 4 of 5
Impacts to Wetlands and Waters of the State and Compensatory Mitigation
NOTE This project will permanently impact approximately 20 22 acres of 404 wetlands (17 98 acres
due to fill 0 11 acres due to excavation and 2 13 acres due to mechanized clearing) This
project will temporarily impact approximately 0 04 acres of 404 wetlands due to fill and
approximately 151 acres of 404 wetlands due to hand clearing This project will permanently
4» a 1111PdtA app1VX1111dLelY-175 lineal feel Vf SLr U1i1J alld Vvlll LCIny0iarliy a-apact appro,ma :,'y iv.^i
linear feet of streams
NOTE In accordance with the Ecosystem Enhancement Program (EEP) letter dated 5/22/12,
compensatory mitigation for permanent impacts of 163 linear feet of stream 5 68 acres of non
riparian 404 wetlands and 14 54 acres of riparian 404 wetlands associated with the authorized
project shall be provided by the EEP in accordance with the EEP In Lieu Fee Instrument dated
7/28/10
Sedimentation and Erosion Control
22) Turbidity curtains shall be used to isolate all in water work areas including pile installation from the
adjacent waters of the Chowan River The turbidity curtains shall be of sufficient length and
effectiveness to prevent a visible increase in the amount of suspended sediments in adjacent waters The
turbidity curtains shall encircle the immediate work area but shall not impede navigation The turbidity
curtains shall be properly maintained and retained in the water until construction is complete and shall
only be removed when turbidity within the curtains reaches ambient levels
23) Appropriate sedimentation and erosion control devices measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands watercourses and properties (e g silt fence
diversion swales or berms etc )
24) This project shall conform to all requirements of the N C Sedimentation Pollution Control Act and the
NCDOT s Memorandum of Agreement with the Division of Land Resources
25) In order to protect water quality runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters
Stormwater Management
NOTE The N C Division of Water Quality (DWQ) confirmed in a letter dated 5/4/12 (SW7120210) that
the subject project is excluded from State Stormwater permitting requirements as set forth in
Section 2(d)(1) of Session Law 2008 211, effective October 1, 2008 and the stormwater rules
under Title 15A NCAC 2H 1000 as amended

.I
N C Department of Transportation
ADDITIONAL CONDITIONS
General
Permit #92 -12
Page 5 of 5
26) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work following completion of construction activities
27) During bridge construction the permittee shall make every attempt not to impede navigation in the
--project v1C1111iy at L11G CnowQr1 R_tvcl Il Llh1 ,_ls L1UC PCIJJLUIC'" U1G11 aUGgUcLLG 110LICU JllQll7oe plu`vlueu to `
the public that navigation will be limited during construction The notice shall include an estimate of the
amount of time that the limited navigation will occur
28) The permittee shall exercise all available precautions in the day to day operation of the facility to
prevent waste from entering the adjacent waters and wetlands
29) If it is determined that additional permanent and/or temporary impacts (such as but not limited to
temporary access roads detours or matting to transport equipment across wetlands) are necessary that
are not shown on the attached workplan drawings or described in the authorized permit application a
permit modification and/or additional authorization from DCM shall be required In addition any
changes in the approved plan may also require a permit modification and /or additional authorization
from DCM The permittee shall contact a representative of DCM prior to commencement of any such
activity for this determination and any permit modification
30) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U S
Coast Guard through regulation or otherwise on the authorized facilities At a minimum permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather
31) Development authorized by this permit shall only be conducted on lands owned by the N C Department
of Transportation and/or its Right of Ways and /or easements
32) The N C Division of Water Quality (DWQ) authorized the proposed project on 5/24/12 (DWQ Project
No 20120296) under Water Quality Certification No 3918 Any violation of the Certification approved
by DWQ shall be considered a violation of this CAMA permit
33) The permittee and/or his contractor shall contact the DCM Transportation Project Coordinator in
Elizabeth City at [phone] to request a preconstruction conference prior to project initiation
NOTE A Memorandum of Agreement dated 4/27/11 exists between the U S Army Corps of Engineers
the N C Department of Transportation and the North Carolina Historic Preservation Office for
the Story s Crossroads Historic District
NOTE The U S Army Corps of Engineers has assigned the proposed project COE Action ID No SAW
2006 10391
NOTE This permit does not eliminate the need to obtain any additional permits approvals or
authorizations that may be required