20211613 Ver 1_SR 1122 shoreline stabilization_20211105

Permit Class Permit Number
NEW 146-21
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

X Excavation and/or filling pursuant to NCGS 113-229

Issued to N.C. Department of Transportation Division One, 113 Airport Drive, Edenton, NC 27932
Authorizing development in Hyde County at Hydeland Canal, SR 1122 (Hydeland Road)
, as requested in the permittee’s application dated 7/19/21, including the
attached workplan drawings (4) dated 7/19/21.
This permit, issued on November 5, 2021 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

1) Due to the classification of Hydeland Canal as a Primary Nursery Area, no in-water work shall be

conducted between April 1 to September 30 of any year without prior approval of the N.C. Division

of Coastal Management (DCM), in consultation with the appropriate resource agencies.

2) No vegetated wetlands or waters of the State shall be excavated, without permit modification.

NOTE: The authorized workplan drawings include approximately 14,854 square feet of surface water

impacts due to fill from 2,728 linear feet of rip rap revetment for the current request, and they

also include approximately 1,607 square feet of surface water impacts due to fill from the

approximately 250 linear feet of riprap revetment that was previously authorized by DCM

through a General Permit on June 15, 2021.

(See attached sheets for Additional Conditions)

This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the Chair
other qualified persons within twenty (20) days of the issuing of the Coastal Resources Commission.
date.

This permit must be accessible on-site to Department

personnel when the project is inspected for compliance.

Any maintenance work or project modification not covered
Braxton C. Davis, Director
hereunder requires further Division approval.
Division of Coastal Management

All work must cease when the permit expires on
This permit and its conditions are hereby accepted.

December 31, 2024

In issuing this permit, the State of North Carolina agrees

that your project is consistent with the North Carolina Coastal

Management Program.
Signature of Permittee

N.C. Department of Transportation Permit #146-21
Page 2 of 4

ADDITIONAL CONDITIONS

3) The alignment of the authorized riprap revetment shall be staked by the permittee and approved by a
representative of DCM within a maximum of 30 days prior to the start of any construction. Failure to
initiate construction within 30 days of the alignment being marked, or erosion of the shoreline by
adverse weather conditions, shall require the alignment to be restaked within a maximum of 30 days
prior to the new expected start of construction.

4) The authorized riprap revetment shall be positioned so as not to extend more than 6 feet from the normal
water level at any point along its alignment at the time of construction, without permit modification.

5) The placement of riprap shall be limited to the areas as indicated on the attached workplan drawings.
The riprap material shall be of a size sufficient to prevent its movement from the approved alignment by
wave or current action. If the riprap becomes dislodged from the approved alignment at any point in the
future, the permittee shall immediately contact DCM to determine the appropriate course of action. The
riprap material shall consist of granite, or other suitable materials approved by DCM.

6) Geotextile fabric shall be in place prior to the placement of any riprap and/or backfill.

7) No fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of
the alignment of the fill areas as indicated on the attached workplan drawings, without permit
modification.

8) The temporary placement and/or double handling of any fill material within waters or vegetated
wetlands is not authorized.

9) All fill material shall be obtained from a high ground source and shall be clean and free of any pollutants
except in trace quantities. No unconfined backfill shall be discharged into waters of the State.

10) The permittee shall minimize the need to cross wetlands in transporting equipment to the maximum
extent practicable. If the permittee determines that it is necessary to cross wetlands to transport
equipment, then construction mats shall be utilized to support equipment within wetland areas to
minimize temporary wetland impacts. These mats shall be removed immediately when they are no
longer needed following project completion.

11) Construction staging areas shall be located only in upland areas, and not in any wetlands or waters of the
State.

Sedimentation and Erosion Control

12) This project shall conform to all requirements of the N.C. Sedimentation Pollution Control Act and the
N.C. Department of Transportation’s (NCDOT’s) Memorandum of Agreement with the N.C. Division of
Energy, Mineral and Land Resources.

13) 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.).

N.C. Department of Transportation Permit #146-21
Page 3 of 4

ADDITIONAL CONDITIONS

14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

General

15) The authorized activities shall not prevent the continued use of the N.C. Wildlife Resources Commission
(WRC) Hydeland Canal public boating access area during construction.

16) Temporary impacts to the use of the roadway in the project area, and access to the unimproved boat
ramp at the southern terminus of the project area, shall be minimized to the maximum extent practicable.

17) During construction, the permittee shall make every attempt to allow the same navigation that is
currently possible in Hydeland Canal. If this is not possible, then adequate notice shall be provided to
the public that navigation will be limited during construction. The notice shall include an estimate of the
amount of time that the limited navigation will occur.

18) 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.

19) If it is determined that additional permanent and/or temporary impacts are necessary that are not shown
on the attached workplan drawings or described in the authorized permit application, a permit
modification and/or additional authorization from DCM and/or the USACE shall be required. In
addition, any changes in the approved plan may also require a permit modification and/or additional
authorization from DCM and/or USACE. The permittee shall contact representatives of DCM and
USACE prior to commencement of any such activity for this determination and any permit modification.

20) 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 and this documentation shall also
be provided to DCM.

21) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in
Elizabeth City at [phone] to request a pre-construction conference prior to project initiation.

22) Development authorized by this permit shall only be conducted on lands owned by the N.C. Department
of Transportation (NCDOT), and/or their Right-of-Ways and/or easements.

23) The permittee shall exercise all available precautions in the day-to-day operations of the project site to
prevent waste from entering the adjacent waters and wetlands.

24) This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that
may be required.

N.C. Department of Transportation Permit #146-21
Page 4 of 4

ADDITIONAL CONDITIONS

25) The N.C. Division of Water Resources (DWR) authorized the proposed project under General Water
Quality Certification No. 4175. Any violation of the Certification approved by DWR shall be
considered a violation of this CAMA permit.

NOTE: The U.S. Army Corps of Engineers (USACE) assigned the proposed project COE Action ID No.
SAW-2021-01913.

NOTE: An application processing fee of $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.