20080205 Ver 1_Other Agency Comments_20080521

Permit Class
NEW
STATE OF NORTH CAROLINA
Permit Number
79-08
Department of Environment and Natural Resource D
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Coastal Resources Commission
ikrtnit vEisK 'AA `E MWATER BRANCH
for NS 1(ANDS AND ST _ R
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
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 Bertie County at Unnamed tributary to Indian Creek, Bridge No.
143 on SR 1123, Billy Club Gun Road, as requested in the permittee's application dated 11/26/07, including the
attached workplan drawings (3) dated 12/19/06
This permit, issued on 5/20/08 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. B-3612, Bridte Replacement
1) The relocation of utility lines is not authorized. Any relocation of utility lines shall require approval
from DCM, either under the authority of this permit, or by the utility company obtaining separate
authorization.
2) Fill slopes in wetlands shall be 3:1 or steeper.
3) The permittee did not propose the use of deck drains. Any future proposal to utilize deck drains shall
require additional coordination with DCM.
4) Material excavated may be used in fill areas associated with the project or shall be removed from the
site and taken to an approved high ground location.
(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
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
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.
Signature of Permittee
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.

N.C. Department of Transportation Permit #79-08
Page 2 of 5
ADDITIONAL CONDITIONS
5) 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.
6) The temporary placement and double handling of any excavated or fill material within waters or
vegetated wetlands is not authorized. This condition also applies to the removal of the existing bridge
and existing roadway approaches and associated materials.
7) No excavation 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.
8) 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 areas as indicated on the attached workplan drawings, without
permit modification.
9) All fill material shall be clean and free of any pollutants except in trace quantities.
10) Live concrete shall not be allowed to contact the water in or entering into the unnamed tributary to
Indian Creek, or the adjacent wetlands.
11) All fill material shall be obtained from an upland source.
12) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State.
13) The bridge shall be constructed using top down construction methodologies. Any other construction
method may require additional authorization.
14) Unless specifically altered herein, the N.C. Department of Transportation's (NCDOT's) document "Best
Management Practices for Bridge Demolition and Removal" (final 9/20/99) shall be followed during
both demolition and construction activities.
15) Pilings from the existing bridge, as well as any remnant pilings from previous bridges, shall be removed
in their entirety, except that 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 ground surface and/or bed of the water body, and DCM
shall be notified?oLeach occurrence within one working day.
16) The installation of the bridge piles 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 drilled shaft construction, additional authorization from DCM shall be required.
17) All materials and debris associated with the removal and/or construction of the existing and/or new
bridge, existing and/or new roadway approaches and associated materials 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.
N.C. Department of Transportation Permit #79-08
Page 3of5
ADDITIONAL CONDITIONS
18) The placement of riprap 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.
Wetland Impacts and Mitigation
NOTE: This project will permanently impact approximately 0.170 acres of riverine wetlands due to fill.
19) No temporary impacts to wetlands or waters of the State are authorized by this permit without prior
approval from DCM.
20) In accordance with the permittee's application letter dated 11/26/07, compensatory mitigation for
permanent wetland impacts of 0.118 acres of riverine wetlands shall be provided by the Ecosystem
Enhancement Program (EEP). Compensatory mitigation for permanent wetland impacts of 0.052 acres
of riverine wetlands shall be provided on-site by the permittee through removal of the old roadway
approaches.
21) Three years after project completion, the permittee shall hold an agency field meeting with DCM to
determine if the on-site wetland restoration has been successful. Other interested agencies, including
the N.C. Division of Water Quality and the U.S. Army Corps of Engineers shall be invited to attend the
agency field meeting. If DCM determines that the on-site wetland restoration has not been successful,
then remediation may be required.
NOTE: In order to increase the likelihood that the on-site wetland restoration is successful, the permittee
is encouraged to develop a more detailed mitigation plan that includes components such as: a
description of pre-project conditions; removal of all unsuitable fill material within the wetland
restoration areas; filling of any void left by the removal of the unsuitable material with suitable
wetland or organic substrate compatible with the naturally occurring surrounding substrate;
planting with appropriate vegetation that closely mimics the surrounding natural undisturbed
wetlands; monitoring of vegetation and hydrology; and development of success criteria.
NOTE: The permittee is encouraged to use any suitable wetland or organic substrate that is excavated as
fill material for the areas where wetland restoration will occur. The likelihood of successful
wetland restoration may be significantly increased if this material is placed in horizons similar to
the natural conditions.
NOTE: The wetland mitigation provided by this project will not generate any excess mitigation credits
for use on future projects.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Permit #79-08
Page 4 of 5
22) Turbidity curtains and silt fences shall be used to isolate all work areas from the unnamed tributary to
Indian Creek, including pile installation, placement of riprap, excavation or filling. The turbidity
curtains shall be installed parallel to the banks on each side of the tributary. The turbidity curtains shall
extend past the construction limits and be attached to the silt fences containing the work site. The
turbidity curtains shall be of sufficient length to extend to the substrate. The turbidity curtains shall not
fully encircle the work area or extend across the unnamed tributary to Indian Creek. The turbidity
curtains 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.
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
N.C. Department of Transportation's (NCDOT's) Memorandum of Agreement with the Division of
Land Resources.
25) The permittee shall follow "Best Management Practices for the Protection of Surface Waters"
26) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
Stormwater Management
27) The N.C. Division of Water Quality (DWQ) Stormwater Management Section approved this project
under stormwater management rules of the Environmental Management Commission under Stormwater
Permit No. SW7080323 on 5/12/08. Any violation of the permit approved by the DWQ shall be
considered a violation of this CAMA permit.
General
28) 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 drawing(s) 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.
29) Development authorized by this permit shall only be conducted within N.C. Department of
Transportation Right-of-Ways and/or easements.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #79-08
Page 5 of 5
30) The N.C. Division of Water Quality (DWQ) authorized the proposed project on 3/18/08 (DWQ Project
No. 20080205) under General Water Quality Certification No. 3704. Any violation of the Certification
approved by DWQ shall be considered a violation of this CAMA permit.
31) 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: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit
Number 14 (COE Action ID No. SAW-2008-00604), which was issued on 2/29/08.
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required.
NOTE: The Bertie County Water Department may have water service in this area, and should be
contacted to determine precise locations and coordinate that construction does not affect utility
piping or services to customers. If any modifications occur to the distribution systems, then
plans and specifications must be submitted to the N.C. Division of Environmental Health Public
Water Supply Plan Review Section for review and approval prior to construction.