20060364 Ver 3_Other Agency Comments_20060713

Permit Class
NEW
a~
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Permit Number
123-06
0
~~~0e~n
Coastal Resources Commission
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SgNOS~/~k~L 6,
for oRMwq~;~,
X Major Development in an Area of Environmental Concern FRe~cH
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to N.C. Department of Transportation, 1598 Mail Service Center, Raleigh, NC 27699-1548
Authorizing development in Pender County at Northeast Cade Fear River, Bridge No. 21
on NC 210 (B-4223) as requested in the permittee's application dated 3/1/06
including the attached sixteen (16)'/z-sizeplan drawings dated as received in Raleigh on 4/6/06.
This permit, issued on 6/30/06 , 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 subiect to fines, imprisonment or civil action; or may cause the permit to be null and void.
Bride No. 21 Replacement (TIP No. B-4223)
1) In order to protect juvenile finfish, shellfish, and anadromous fish and including the Shortnose
Sturgeon, no in-water work shall be conducted from February 1st to September 30 of any year
without prior approval of the NC Division of Coastal Management (DCM), in consultation with the
NC Wildlife Resources Commission (WRC), the NC Division of Marine Fisheries (DMF), and/or the
National Marine Fisheries Service (NMFS). For the purposes of this moratorium, "in-water" is
defined as those areas that are inundated at normal water level at any time during construction,
including the waters or contiguous inundated wetlands of the Northeast Cape Fear River.
2) The pern~ittee shall implement NCDOT's Stream Crossing Guidelines for Anadromous Fish Passage,
except as modified in Condition No. 1 of this permit.
(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 136-44.7B
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 DENR and the
Chairman of the Coastal Resources Commission.
~~
.~ ~~-- Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

N.C. Department of : ransportation
ADDITIONAL CONDI'1'lONS
Permit # 123-OG
Page 2 of 5
3) The West Indian Manatee, Trichecus manatus, which is listed as a federally endangered species, has
been reported in North Carolina waters. In order to protect the West Indian manatee all work should be
done during the period from November 1 to May 31. If work must be 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.
4) The authorized project is located within a Primary Nursery Area (PNA). Therefore, in accordance with
T15A:07H.0208 of the rules of the Coastal Resources Commission, no re~:: dredging or excavation
within the PNA shall be permitted. Dredging in any manner, includin¢ "kicking" with boat propellers,
is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
5) Barges, when used, shall be floated into place and then sunk. They shall nut be su~ik and then dragged
into place.
6) The NCDOT document "Best Management Practices for Bridge Demolition and Removal" (final
9120/99) shall be followed during demolition and core ~truction activities.
7) All materials and debris associat~.d with tl:e removal and/or construction of the existing and/or new
bridge, roadway asphalt, existing causevra~r, and associated materials shall be disposed of at an approvzd
upland site or shall be recycled in an envir~nmenrally appropriate manner provided appropriate
authorizations from any relevant state, f~~lczal, or loc;~l authorities are obtained.
8) Debris resulting from demolition of the e :fisting bridge, including deck components, shall not enter
wetlands or waters of the State, even temporarily.
9) The bridge shall be constructed using top down construction methodologies.
10) The permanent and temporary work bridges shall be constructed with vibratory hammer or pile driver;
specifically, piles shall not be driller or jetted. Should drilled shaft construction or jetting of any bridge
piles become necessary, a modification to this permit will be required.
11) Pilings from the existing bridge, pilings and the temporary bulkhead associated with the temporary work
bridge, as well as any remnant pilings from previous bridges, shall be removed in their entirety. In the
event that a piling breaks during removal and cannot be removed in its entirety, the piling may be cut off
flush with the bed of the water body if prior approval is received from DCM.
12) Turbidity curtains shall be used to isolate all work areas from the Northeast Cape Fear River, 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 extend past the
construction limits and attach to the silt fences containing the work site. The turbidity curtains shall not
fully encircle the work area or extend across the river. The turbidity cr:a;.ins shall be properly
maintained and retained in the water until construction is complete and all of the work area contained by
the turbidity curtains has been stabilized by vegetation or other means. The turbidity curtains shall be
removed when turbidity within the curtains reaches ambient levels.

N.C. Department of Transportation Permit # 123-06
Page 3 of 5
ADDITIONAL CONDITIONS
13) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands are not authorized.
14) 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.
15) 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).
16) The fill material shall be clean and free of any pollutants except in trace quantities.
17) No excavation shall take place at any time in any vegetated wetlands or surrounding waters outside of
the alignment of the fill areas indicated on the workplan drawing(s).
18) Placement of riprap shall be limited to the areas as depicted on the attached work plan drawings. The
riprap material shall be free from loose dirt or any pollutant. The riprap material shall consist of clean
rock or masonry materials, such as but not limited to, granite, marl, or broken concrete.
19) Live concrete shall not be allowed to contact waters of the State or water that will enter waters of the
State.
Sedimentation and Erosion Control
20) 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.
21) 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.).
22) 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.
23) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
Mitigation
NOTE: The existing 590-foot long bridge will be replaced with an adjacent 920-foot long pre-stressed
concrete girder bridge. Approximately 0.95 acres of riverine wetlands will be restored to its
natural hydrology by the removal of existing causeway fill. 0.52 acres of wetlands would be
permanently impacted by the project; however, the causeway removal will offset the wetland
impacts, leaving approximately 0.43 acres of potential riverine wetland mitigation credit for
future projects.

N.C. Department of Transportation
ADDITIONAL CONDI i'IONS
Permit n >i~3-06
Page 4 of 5
NOTE: This permit does not convey or imply approval of the suitability of the excess mitigation
generated by this project as compensatory wetland mitigation for any particular future projects.
The use of any portion of the excess mitigation generated by this project as compensatory
mitigation for future projects will be approved on a case-by-case basis during the LAMA permit
review and/or consistency process.
24) Except as specified by conditions of this permit, on-site mitigation shall be carried out as described in
the document titled "Restoration Plan for Northeast Cape Fear River Wetland at Bridge No. 21 on NC
210" dated January 11, 2006.
25) Any subsequent changes to the mitigation plan authorized by this LAMA permit shall require additional
authorization from the N.C. Division of Coastal Management.
26) The permittee shall ensure the removal of all unsuitable fill material within the wetland restoration areas
and shall fill any void left by the removal of unsuitable material with clean, unconsolidated material to
the same approximate elevation as the adjacent natural wetlands or to an appropriate reference wetland
elevation.
27) The permittee shall provide verification, in the form of an as-built survey, to DCM that the wetland
restoration areas have beets restored to the approximate natural elevation of the adjacent coastal wetlands
or to an appropriate reference wetland elevation. This verification shall be provided within 60 days of
completion of the grading associated with the restoration area.
28) The wetland restoration areas shall be fully contained by silt fence until all unsuitable fill material has
been removed and the restoration areas have been restored to the approximate natural elevation of the
adjacent wetlands and stabilized with vegetation. Turbidity curtains shall also be used to contain the
wetland restoration areas where the existing causeway comes within close proximity to the river.
29) The permittee shall provide an annual update on the wetland restoration areas of this project to the NC
Division of Coastal Management (DCM) for a minimum of five years after mitigation site construction
or until mitigation success criteria are met. This annual update will consist of photographs of the
restoration areas and a brief report on the progress towards re-attaining wetland jurisdictional status.
After five years, monitoring may cease if the permittee can demonstrate to DCM, the NC Division of
Water Quality (DWQ), the NC Wildlife Resources Commission (WRC), and the US Army Corps of
Engineers (USAGE) that success criteria have been met and written concurrence is received from DCM.
30) The area of wetland mitigation shall be protected in perpetuity in the restored state as appropriate
according to the approved final mitigation plans 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.
NOTE: The exact amount of wetland mitigation credits will not be determined until the restoration. site
receives confirmation from DCM, DWQ, and USAGE that the site has re-attained jurisdictional
status.

N.C. Department of Transportation
ADDITIONAL CONDITIONS
General
Permit # 123-06
Page 5 of 5
31) 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.
32) 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.
33) This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that
may be required.
34) The N.C. Division of Water Quality (DWQ) authorized the proposed project under General Water
Quality Certification Numbers 3403 and 3366 (DWQ Project No. 060364), on 3/8/06. Any violation of
the Certification approved by the DWQ shall be considered a violation of this CAMA permit.
NOTE: The U.S. Army Corps of Engineers assigned COE Action ID No. 200300882 to the project.