BR-0139, NC 133 over Sand Hill Creek, permit 145-23

Permit Class Permit Number
NEW 145-23
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, 5501 Barbados Boulevard, Castle Hayne, NC 28429-5647
Authorizing development in Brunswick County at Sand Hill Creek and a UT to Sand Hill
Creek, NC 133 (River Road), as requested in the permittee’s application dated 9/18/23, including the
attached workplan drawings (50): as referenced in Condition No. 1 of this permit.
This permit, issued on December 8, 2023 , 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.

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 136-44.7B

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 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.

Signature of Permittee
TIP No. BR-0139, Replacement of three culverts with a bridge at the headwaters of Sand Hill Creek
and replace a culvert with a culvert at a UT to Sand Hill Creek

1) Unless specifically altered herein, all work authorized by this permit shall be carried out in
accordance with the following attached workplan drawings [07J .0202(c)]:
Wetland and Surface Water Impacts (14 sheets): dated 11/27/23.
Utility drawings (3 sheets): dated 8/10/23.
Roadway plans (32 sheets): 30 dated 3/14/23; and 2 dated 3/16/23.
Wetland restoration plan (1 sheet): dated 7/26/23

2) In accordance with commitments made by the permittee, the authorized culvert at the UT to Sand
Hill Creek shall be buried at least one foot below normal bed elevation to allow for passage of water
and aquatic life [07J .0202(c)].
(See attached sheets for Additional Conditions)

N.C. Department of Transportation Permit No. 145-23
Page 2 of 6

ADDITIONAL CONDITIONS

3) All construction access shall be through the use of the existing causeway, partially constructed new
bridge and/or existing high ground areas [07J .0202(c)].

4) The installation of the bridge piles shall be accomplished using driven piles (hammer or vibratory).
Should the permittee and/or its contractor propose to utilize another method of pile installation, such as
jetting, additional authorization from DCM shall be required [07J .0202(c); 07J .0405(a)].

5) 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 [G.S 113A-120(b); 07J .0209(a); 07J .0405(a)].

6) All fill material shall be clean and free of any pollutants except in trace quantities [07H .0208(a)(2)(B)].

7) Material excavated at 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 [07H .0208(a)(2)].

8) All excavated materials shall be confined above normal high water 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 [07H .0208(a)(2)(B)].

9) The temporary placement and/or double handling of any excavated or fill material within wetlands or
waters of the State is not authorized [07H .0208(a)(2)(B)].

10) All reasonable efforts shall be made to contain all debris and excess materials associated with the
authorized activities, with the intent that materials/debris do not enter wetlands or waters of the State,
even temporarily [07H .0208(a)(2)(B)].

11) The placement of riprap and rock plating shall be limited to the areas as indicated on the attached
workplan drawings. It shall be of a size sufficient to prevent its movement from the authorized
alignment. If the riprap and/or rock plating 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 and/or rock plating material shall consist of clean rock or masonry materials such as
but not limited to granite, marl, or broken concrete without exposed rebar, or other suitable materials
approved by DCM [07J .0202(c)].

12) Uncured concrete or water that has been in contact with uncured concrete shall not be allowed to contact
waters of the State, or water that will enter waters of the State [07H .0208(a)(2)(B)].

13) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State [07H .0208(a)(2)(B)].

14) Any waste materials or debris generated in the authorized activities shall be disposed of at an approved
upland site or shall be recycled in an environmentally appropriate manner provided appropriate
authorizations are obtained from any relevant state, federal, or local authorities. [G.S 113A-120(b); 07J
.0209(a)].

N.C. Department of Transportation Permit No. 145-23
Page 3 of 6

ADDITIONAL CONDITIONS

Sedimentation and Erosion Control

15) Turbidity curtains shall be used to isolate all work areas from the adjacent waters of Sand Hill Creek and
the UT to Sand Hill Creek. The turbidity curtains shall be sufficient 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 and shall only be removed when turbidity within
the curtains reaches ambient levels. [07H .0208(a)(2); 07H .0209(d)(4)].

16) The wetland restoration areas shall be fully contained by silt fence and/or turbidity curtains until all of
the unsuitable fill material has been removed and the restoration areas have been restored to the
approximate natural elevation of the adjacent, similar undisturbed wetlands and stabilized with
appropriate Coastal Wetland vegetation. Turbidity curtains shall be used between the wetland
restoration areas and the adjacent water body in the location of the existing causeway, until such a time
as the areas have returned to ambient conditions [07H .0208(a)(2)].

17) 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 [07J .0209(a)].

18) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters [07H .0209(d)(4); G.S. 113A-102(a); 07H .0208(a)(2)].

Impacts to Wetlands and Waters of the State and Compensatory Mitigation

NOTE: This project will permanently impact approximately 5,405 square feet of Coastal Wetlands (3
square feet due to fill and 5,402 square feet due to excavation within the existing road shoulder
for the wetland restoration). This project will temporarily impact approximately 3,188 square
feet of Coastal Wetlands due to hand clearing.

NOTE: This project will permanently impact approximately 16,308 square feet of 404 Wetlands
(approximately 9,205 square feet due to permanent fill, approximately 1,566 square feet of
excavation within the existing road shoulder for the wetland restoration, and approximately
5,537 square feet due to mechanized clearing). This project will temporarily impact
approximately 773 square feet of 404 Wetlands due to hand clearing.

NOTE: This project will permanently impact approximately 306 square feet of surface waters and will
temporarily impact approximately 279 square feet of surface waters.

19) There shall be no clearing or grubbing of wetlands outside of the areas indicated for impacts on the
attached workplan drawings without prior approval from DCM [07H .0208(a)(2)(B)].

20) Wetland areas to be temporarily impacted by hand clearing shall not be grubbed [07H .0205].

21) Construction mats shall be utilized to support equipment within Coastal Wetland areas to minimize
temporary wetland impacts. These mats shall be removed immediately when they are no longer
necessary [07H .0205].

N.C. Department of Transportation Permit No. 145-23
Page 4 of 6

ADDITIONAL CONDITIONS

22) The permittee shall minimize the need to cross wetlands in transporting equipment to the maximum
extent practicable [07H .0208(a)(2)(B)].

23) In accordance with the permit application, compensatory mitigation for 39 linear feet of permanent
stream impacts shall be provided with a debit of 78 stream mitigation credits from the Sneeden
mitigation site, which is one site within the Lower Cape Fear Umbrella Mitigation Bank.

24) Unless specifically altered herein, on-site mitigation shall be carried out as described in the document
titled “Wetland Restoration Plan, NC 133, River Road, Brunswick County” dated July 27, 2023 [07H
.0208(a)(3)].

NOTE: The approved mitigation site includes 34 dissipator pads that will encompass approximately
1,224 square feet.

25) Any subsequent changes to the approved wetland restoration plan shall require additional authorization
from DCM [07J .0202(c)].

26) The permittee shall restore approximately 0.34 acres of Coastal Wetlands through the removal of the
existing roadway fill, and grading to match the existing adjacent reference wetland elevations, as well as
ripped and disked if necessary. The permittee shall enhance approximately 0.16 acres of Coastal
Wetlands by adjusting the grade of existing Coastal Wetlands that are growing on the road shoulders to
the elevation of adjacent, natural and undisturbed Coastal Wetlands [07H .0205; 07J .0202(c)].

27) Approximately 0.11 acres of the restoration areas, and all of the 0.16 acres of enhancement areas shall
be planted with predominantly Coastal Wetland species as identified by 07H .0205. Planting of the
restoration area underneath the bridge (approximately 0.23 acres) is not required due to sunlight
restrictions caused by the low bridge height [07H .0205; 07J .0202(c)].

28) The fill material that is removed from the wetland restoration area shall be taken to an offsite high
ground location [07J .0202(c)].

29) An as-built survey report for the mitigation site shall be submitted to DCM within 60 days after the
mitigation site has been constructed [07J .0202(c)].

30) The onsite wetland mitigation sites shall be protected in perpetuity in their restored state and owned by
the permittee or its approved designee. An appropriate conservation easement, deed restriction or other
appropriate instrument shall be attached to the title for the subject property. Failure to adequately
protect mitigation sites may result in further mitigation requirements [07H .0208(a)(3)].

31) The permittee shall submit annual monitoring reports for the mitigation site to DCM for a minimum of
five years after mitigation site construction, or until mitigation success criteria are met. Annual
monitoring reports shall include photographs and an assessment of whether the site is achieving success
based on the success criteria stated in the mitigation plan. Progress reports shall also be provided upon
request. Monitoring may cease when the permittee can demonstrate that success criteria have been met
and written concurrence is received from DCM [07H .0208(a)(3)].

N.C. Department of Transportation Permit No. 145-23
Page 5 of 6

ADDITIONAL CONDITIONS

32) The wetland mitigation provided by this project shall not generate any excess mitigation credits for use
on future projects [07H .0208(a)(3)].

Utility Impacts

NOTE: Construction of the new bridge will also require relocation of AT&T and Spectrum/Charter
utilities.

33) The authorized utility work shall not result in any permanent or temporary impacts to wetlands or waters
of the State, without permit modification [07J .0202(c)].

34) 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 DCM, either
under the authority of this permit, or by the utility company obtaining separate authorization [07J
.0202(c); 07J .0201; 07J .0405(a)].

NOTE: If the permittee plans to conduct any work (re-location, installation, extend utilities, etc.)
involving the public water supply system per Title 15A Subchapter 18C Section .0301 Rules
Governing Public Water Systems, plans and specifications should be submitted and approved by
the N.C. Division of Water Resources Public Water Supply Section for all new waterlines prior
to construction beginning. Please also be aware of separation requirements in regards to
water/sewer according to 15A NCAC 18C Section .0906 Rules Governing Public Water
Systems. Check with the local water system for cross-connection requirements for this project.
Public Water Supply Section guidelines are listed in Appendix B, Figure 2 in the Rules
Governing Public Water Systems but the water system may have additional requirements.
Contact the N.C. Division of Water Resources, Public Water Supply Plan Review Section at
[phone] with any questions.

Stormwater Management

NOTE: This project shall be constructed in accordance with the permittee’s Stormwater Management
Plan dated 8/7/19, and the provisions of the NCDOT’s National Pollutant Discharge Elimination
(NPDES) Stormwater Permit NCS000250, including the application requirements of the
NCG01000.

Historical and Cultural Resource Protection

35) The Categorical Exclusion Action Classification Form dated June 30, 2022 includes a “Historic
Architecture and Landscapes No Survey Required Form” and a “No Archaeological Survey Required
Form”. Prior to the initiation of construction, the permittee shall verify with the State Historic
Preservation Office that there have not been any changes that would require that this documentation be
updated [07H .0208(a)(2)(C); 07J .0202(c)].

N.C. Department of Transportation Permit No. 145-23
Page 6 of 6

ADDITIONAL CONDITIONS

General

NOTE: It is strongly recommended that the permittee exercise all available precautions in the
construction, operation and maintenance of the bridge and adjacent roadway to prevent waste
from entering the adjacent waters and wetlands. Such discharge, either directly or indirectly, to
adjacent waters could contravene state water quality standards, thereby violating state law.

36) Development authorized by this permit shall only be conducted on lands owned by NCDOT, appropriate
utility entities, and/or its Right-of-Ways and/or easements [G.S. 113-229(b)].

37) 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 may 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 [07J .0201].

38) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative
by phone at [phone] or by email at [e-mail] to request a preconstruction
conference prior to project initiation [G.S 113A-120(b); 07J .0209(a)].

NOTE: The N.C. Division of Water Resources (DWR) authorized the proposed project on 10/3/23
(DWR Project No. 20231296) under General Water Quality Certification No. 4135.

NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Regional General
Permit Number 50 (COE Action ID No. SAW-2017-02322), which was issued on 9/28/23.

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

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 DWR.