NC 24 Causeway, Living shoreline and offshore sill, issued, Permit 78-22

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources ,Vertnit
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
78-22
Issued to N.C. Department of Transportation, 1598 Mail Service Center, Raleigh, NC 27699-1598
Authorizing development in Onslow County at White Oak River, NC 24 causeway between
Swansboro and Cedar Point _ as requested in the permittee's application dated 1/28/22 and 2/15/22_
includin the attached workplan drawings 18 dated 4/11/22.
This permit, issued on July22 2022 , 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.
M-0540A Repair the NC 24 roadwav embankment/causeway and ad'acent sidewalk
and stabilize the adjacent shoreline by installing a Living Shoreline composed of Coastal Wetland
planting areas, Rock Sills, and Oyster Structures
1) An as -built report for Coastal Wetland planting areas and for structures in wetlands and waters of the
State shall be submitted to DCM within 90 days after their construction is complete.
2) Any development, including utility work, that is not depicted on the attached workplan drawings is not
authorized without prior approval by the N.C. Division of Coastal Management (DCM).
3) No temporary or permanent impacts shall take place 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.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
No expiration date, pursuant to GS 136-44.713
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

N.C. Department of Transportation Permit #78-22
Page 2 of 7
ADDITIONAL CONDITIONS
NOTE: The permittee shall limit in -water work between February 1 to June 30 of any year to the
maximum extent practicable to protect juvenile fishes that may be in the vicinity and shall also
limit in -water work to the maximum extent practicable from April 1 through October 31 to avoid
additional impacts to submerged aquatic vegetation (SAV).
4) In accordance with commitments made by the permittee, in order to protect the endangered West Indian
Manatee, Trichechus manatats, the permittee shall implement the U.S. Fish & Wildlife Service's
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at
ilttps://wrww.fw-s.goy/ratei/rate gh/pclfs/NlanateeGuide1iiies-1017.pdf
5) The permittee shall notify the N.C. Division of Marine Fisheries (DMF) Shellfish Sanitation and
Recreational Water Quality Section at 252-726-7021 before any fill activity occurs due to the potential
for runoff or turbidity that could necessitate the need for a temporary closure within the vicinity.
6) In accordance with commitments made by the permittee, the permittee shall conduct a survey for
shellfish within authorized fill areas prior to construction. In addition, the permittee shall contact the
DMF Habitat Section at 252-726-7021 to request assistance with the relocation of any shellfish located
within authorized fill areas into adjacent suitable habitat prior to construction.
7) The authorized temporary construction trestle shall be elevated a minimum of 2 feet above the normal
high water level of the White Oak River as measured from the low chord of the structure.
8) Material excavated at the project site may be used in fill areas associated with the project or shall be
removed from the site and taken to a high ground location.
9) With the exception of any material that is used in fill areas associated with this project, all excavated
materials shall be confined landward of normal high water and landward of regularly or irregularly
flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids or
seepage of effluent into any wetlands or surrounding waters.
10) Placement of riprap, rock sills, and oyster structures shall be limited to the areas as indicated on the
attached workplan drawings. The structures shall be made of materials that are of a size, strength and/or
durability sufficient to prevent movement from the approved alignment by wave or current action. If
any portion of the structures 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.
11) The riprap embankment adjacent to the road shoulders shall be in place prior to any backfilling
activities, and it shall be structurally tight so as to prevent seepage of fill materials through the structure.
12) All fill material shall be obtained from a high ground source or onsite approved excavation areas and
shall be clean and free of any pollutants except in trace quantities. No unconfined backfill shall be
discharged into wetlands or waters of the State.
13) All construction equipment access shall be through the use of existing high ground areas, temporary
construction trestles and two temporary access ramps.

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit 978-22
Page 3 of 7
14) Construction staging and stockpile areas shall be located only in upland areas, on the authorized
temporary construction trestle, or within the temporary staging area, and not in any wetlands or waters
of the State outside of the authorized impact areas.
15) The installation of piles for the temporary construction trestle 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, additional authorization from DCM shall be required.
16) The permittee shall remove the temporary construction trestle, including piles, and the temporary access
ramps, in their entirety within 90 days after they are no longer needed.
17) Any voids in wetlands or shallow bottom habitat caused by removal of the temporary construction
trestle shall be restored to the elevations of immediately adjacent areas with suitable material, such as
any wetland material that is within any hollow pilings after the pilings are removed. The permittee shall
notify DCM's Transportation Project Field Representative in Morehead City to provide DCM with an
opportunity to inspect the material for suitability prior to its placement.
18) All temporary fill within wetlands and waters of the State where no stone currently exists shall be placed
on geotextile fabric to facilitate total removal of the temporary fill upon completion of the project.
19) Any waste materials or debris associated with construction, demolition, or other activities 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.
Sedimentation and Erosion Control
20) Turbidity curtains shall be used where practicable to isolate all in -water work areas from the adjacent
waters of the White Oak River, including but not limited to installation and removal of the temporary
construction trestle and temporary access ramps, and placement of fill material within or adjacent to
wetlands or waters of the State. 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 be properly maintained and retained in the water until construction is complete. The
turbidity curtains shall be removed when turbidity within the curtains reaches ambient levels.
21) 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.
Coastal Wetland Planting Areas and Oyster Structures
22) In accordance with commitments made by the permittee, approximately 0.24 acres of Estuarine Waters
located between the authorized rock sill structures and the authorized roadway embankment shall be
planted with Coastal Wetland species as habitat enhancement and on -site mitigation for Coastal Wetland
impacts, as depicted on the attached workplan drawings.

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #78-22
Page 4 of 7
23) In accordance with commitments made by the permittee, nine oyster structures that are each
approximately 8 feet wide and 82 feet long shall be hand placed immediately waterward of each of the
outer sill structures, and they shall be placed without the use of heavy machinery to minimize
environmental impacts.
24) The marine sand fill material used for the Coastal Wetland planting areas shall be compatible with the
immediately surrounding undisturbed, similar wetlands. Prior to its placement, the permittee shall
submit information to DCM for review and approval with the source and description of the marine sand
fill material and the approximate amount to be used in cubic yards.
25) Prior to planting, the permittee shall submit a final planting plan for the authorized Coastal Wetland
planting areas in writing to DCM for review and approval. The planting plan shall include a list of
proposed species as well as identify different planting zones.
Success Criteria
NOTE: This project will fill approximately 0.95 acres of surface waters, within which there is
approximately 0.56 acres that is occupied by sparse patches of SAV, and this project will fill
approximately 0.22 acres of Coastal Wetlands.
26) The permittee has proposed utilizing the anticipated gain in ecosystem functions from the project as
compensatory mitigation for the project's authorized impacts to Coastal Wetlands and SAVs.
Therefore, prior to initiating construction, the permittee shall initiate communication with DCM,
USACE, DWR, and appropriate resource agencies to ensure that success criteria are approved that will
measure the realized gain in ecosystem function.
Monitoring
27) The permittee shall monitor the project for a minimum of five years after construction (including
planting of the Coastal Wetlands) is complete. Features to be monitored shall include but not necessarily
be limited to, the rock sills, oyster structures, coastal wetland planting areas and impacts to submerged
aquatic vegetation (SAVs). The permittee shall provide DCM, the U.S. Army Corps of Engineers
(USACE), the N.C. Division of Water Resources (DWR) and appropriate resource agencies with an
annual monitoring report. If any potential problems are identified, then the annual monitoring report
shall include a recommendation for proposed corrective measures. Progress reports shall also be
provided upon request.

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #78-22
Page 5 of 7
28) Annual monitoring reports shall include, but not be limited to: a clear description of the study area in
relation to the authorized project; detailed workplan drawings depicting the Coastal Wetland planting
areas, SAV survey areas and SAV impact areas, photographs, an evaluation of monitoring data, an
assessment of whether success criteria are being met, and an assessment of whether the project has
caused permanent SAV impacts.
29) Annual monitoring reports shall also include a section about the rock sills, including the surrounding
area, to verify that the structures are intact, and to document any positive and/or negative impacts.
Potential negative impacts could include but not be limited to, post construction scour outside of the
rock sills and/or an insufficient amount of hydrologic connectivity and aquatic passage through the
openings of the rock sills during normal tide fluctuations.
30) Annual monitoring reports shall include reference areas in the waters surrounding the authorized project
to assist in determining whether the presence of SAV within the footprint of the constructed living
shoreline is due to an episodic "mast year". The reference areas shall be approved by DCM, USACE,
and DWR, in consultation with DMF and other appropriate resource agencies as part of the approved
SAV monitoring plan.
31) Unless specifically altered herein, the Coastal Wetland planting areas and oyster structures shall be
monitored in accordance with the attached NC Coastal Federation Monitoring plan dated as received
7/ 11 /22.
32) Unless specifically altered herein, monitoring of impacts to submerged aquatic vegetation (SAV), shall
be conducted in accordance with the plan dated May 2022, "North Carolina Department of
Transportation NC 24 Causeway Living Shoreline Submerged Aquatic Vegetation (SAV) Mitigation
and Monitoring Plan".
33) The permittee's proposed timing and frequency of SAV surveys requires additional coordination prior to
approval. Therefore, prior to the initiation of construction, the permittee shall coordinate with DCM,
USACE, DWR, DMF, and other appropriate resource agencies to finalize details for the timing and
frequency of annual SAV surveys. Specifically, the permittee may be required to conduct an annual
SAV survey during the July/August timeframe which is the peak period of biological productivity and
greatest SAV presence.
34) The permittee shall conduct an annual meeting with DCM and other appropriate regulatory and resource
agencies to discuss and review the annual monitoring reports.
35) Monitoring may be discontinued when written concurrence is received from DCM, USACE and DWR
that approved success criteria have been met, or when written concurrence is received from DCM,
USACE and DWR that suitable off -site compensatory mitigation has been provided. Monitoring for
SAVs may cease after two years if it is determined by DCM, USACE, and DWR, in consultation with
DMF and other appropriate resource agencies that the presence of SAV within the footprint of the
constructed rock sills is due to an episodic "mast year".

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit 478-22
Page 6 of 7
Compensatory Mitigation for Im acts to Submerged Aquatic Vegetation SAV and Coastal Wetlands
36) If it is determined that the project has caused permanent SAV impacts, then NCDOT, DCM, USACE,
DWR, DMF, and other appropriate resource agencies shall finalize the details of a compensatory
mitigation plan for permanent SAV impacts. The SAV compensatory mitigation plan shall include a
mitigation ratio that accounts for the consideration of numerous factors, including but not limited to the
total amount of permanent SAV impacts, a determination of any SAV recruitment due to the project, the
type of compensatory mitigation proposed (in -kind or out -of -kind), and any lapse in habitat function
between the time of impact and the time that the compensatory mitigation is anticipated to reach its full
function.
37) Prior to initiating construction, the permittee shall conduct a wetland delineation to determine the
amount of existing Coastal Wetlands currently at the project site and once again after the site has
achieved its success criteria. The results of these wetland delineations shall be submitted to DCM for
approval to assist in determining the amount of new Coastal Wetlands that are added within the project
area.
38) While monitoring of the Coastal Wetland planting areas is ongoing, the permittee shall reserve the
equivalent of 0.22 acres of successful Coastal Wetland restoration credits at the Stella Bridge Mitigation
Site in Carteret and Onslow County as compensatory mitigation for the authorized 0.22 acres of Coastal
Wetland impacts. A revised debit ledger that reflects the reserved amount and the balance of mitigation
credits shall be provided to DCM prior to the initiation of construction. The reserved credits may be
refunded back to the Stella Bridge Mitigation Site when the on -site Coastal Wetland planting areas have
achieved the approved success criteria.
General
39) 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 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.
40) The outer limit of the authorized oyster structures shall be marked at 50-foot intervals with yellow
reflectors extending at least three feet above normal high water. The reflectors shall be maintained for
the life of the structure.
41) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative at
[phone] to request a pre -construction conference prior to project initiation.
42) The permittee shall exercise all available precautions in the day-to-day operation of the facility to
prevent waste from entering the adjacent wetlands and waters of the State.

N.C. Department of Transportation Permit 978-22
Page 7 of 7
ADDITIONAL CONDITIONS
43) This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that
may be required.
44) The N.C. Division of Water Resources (DWR) authorized the proposed project on 6/22/22 (DWR
Project No. 20210539) under an Individual Water Quality Certification No. 004907. Any violation of
the Certification approved by DWR shall be considered a violation of this CAMA permit.
45) This permit incorporates all of the conditions contained within the U.S. Army Corps of Engineers
(USACE) authorization issued under Regional General Permit Number 198000291 (COE Action ID No.
SAW-2020-00406), which was issued on 7/18/22. Any violation of the USACE permit shall be
considered a violation of this permit.
NOTE: The permittee is strongly encouraged to conduct a preconstruction meeting at a time and
location, and with at least two weeks advanced notice, that will allow all appropriate agencies to
attend. Agencies that should be invited include, but are not necessarily limited to, the N.C.
Wildlife Resources Commission (WRC), DMF, DCM, DWR, and USACE.
NOTE: Any approved ecosystem function gains generated by the project shall be applied to impacts
from the project, and no excess mitigation credit shall be generated.
NOTE: Storage of equipment and materials within the authorized on -site staging and stockpile areas
shall be limited to the minimum amount necessary to increase the likelihood that they are able to
be removed if a coastal flooding event is forecast to impact the project area.
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.