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HomeMy WebLinkAboutExecuted_DWPD033-065-24-00165_Hall_Tract_US_421_Complete_Package_20250829 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JOSH STEIN J.R. “JOEY” HOPKINS GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 5911 OLEANDER DRIVE, SUITE 101 WILMINGTON, NC 28403 04-11-03 COURIER Telephone: 910-398-9100 Customer Service: 1-877-368-4968 Website: ncdot.gov Location: 5911 OLEANDER DRIVE, SUITE 101 WILMINGTON, NC 28403 August 29, 2025 James Yopp River Road Construction, LLC 7150 River Road Wilmington, NC 28412 Subject: Permit D033-065-24-00165 for the driveway access for Hall Tract located on Carolina Beach Road (US Hwy 421) in New Hanover County. Dear Sir: Your request for the subject development access has been approved per the attached plans dated August 4, 2025 (sealed by Howard S. Resnik. Of CSD Engineering) and is subject to the following conditions and the attached Driveway Permits Standard Conditions. This approval is for a driveway connection on Carolina Beach Road (US Hwy 421) only. This approval is for an 85-Unit townhouse development. The subdivision roads are considered private and will not be maintained by NCDOT. Any temporary construction easements necessary for the approved driveway or drainage tie- ins within current or future State Transportation Improvement Program limits shall be dedicated/ donated to the North Carolina Department of Transportation at no cost to the Department of Transportation. The applicant/property owner of the facility shall be responsible for performing routine maintenance of the driveway (s) to ensure all applicable concrete median islands, traffic signs and pavement markings and reflectors remain in compliance as permitted. No obstructions shall be allowed in the location of the future right of way and/or anywhere within the sight distance triangles. Including the 10x70 sight triangle and the sight distance labeled on the attached plans. No vehicles shall be parked within the NCDOT right of way at any time. This permit does not provide approval for any construction outside of NCDOT right-of-way. Any construction planned or proposed outside NCDOT right-of-way shall require the developer to obtain concurrence and/or right-of-way from subject property owner and/or local government. This driveway is considered a commercial type driveway and so, shall be maintained by the property owner/developer/HOA/POA in accordance with NCDOT policy. Any additional future proposed development and/or redevelopment of this parcel/property shall require a revised driveway permit with NCDOT. Interconnectivity between adjoining properties is recommended by NCDOT. Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 5911 OLEANDER DRIVE, SUITE 101 WILMINGTON, NC 28403 04-11-03 COURIER Telephone: 910-398-9100 Customer Service: 1-877-368-4968 Website: ncdot.gov Location: 5911 OLEANDER DRIVE, SUITE 101 WILMINGTON, NC 28403 A $100,805.63 performance and indemnity bond has been posted by River Road Construction, LLC with the North Carolina Department of Transportation and is hereby obligated to cover roadway improvements under this driveway permit. The bond will be held for a minimum of one year from the initial inspection and acceptance date of the roadway work within the NCDOT right-of-way. The terms and conditions of this permit shall be incorporated into any lease or sales agreement and all lots (outparcels), including all remaining undeveloped tracts within the subject development, shall be served internally. The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project prior to commencement of any construction activities within the NCDOT right-of-way. This driveway permit does not include any utility connections or approvals within the Right- of-Way. Such approvals are handled through a separate Encroachment Agreement. All improvements, i.e., roadway pavement widening, traffic control, pavement markings, etc., shall be constructed in accordance with the 2024 NCDOT Standard Specifications for Roads and Structures and the 2024 NCDOT Roadway Standard Drawings. That in the case of noncompliance with the Policy on Street and Driveway access to NC Highways, NCDOT Roadway Design Manual, current Standard Specifications for Roads and Structures, Standard Drawings and/or matched the existing roadway profile and cross section. The terms of this approval regarding the submitted plans by the Engineer of Record, the Department reserves the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the Department. Contact Division 3 Traffic Services at 910-341-2200, for pre-pavement marking standards. Additional pavement markings and signs may be required. Time Restriction – Summer Season from Memorial Day to Labor Day: Night Work Only: No lane closures shall be allowed between 6:00am and 7:00pm and NO weekend lane closures. Off Season from Labor Day to Memorial Day, Peak Hours Restricted: No lane closures shall be allowed from 6:00am to 9:00am and from 4:00pm to 7:00pm and No weekend lane closures. (HOURS SUBJECT TO CHANGE DUE TO TRAFFIC CONDITIONS). No lane closures shall be allowed on State holidays and local events. It is the responsibility of the applicant to coordinate with the Engineer of Record and/or their representative to execute a field walk through inspection to approve the construction of the proposed roadway improvements and that it has been constructed in accordance with the NCDOT approved plans and NCDOT Standard Specifications for Roads and Structure. Prior to P.E. Certification any deficiencies found shall have corrective actions taken to resolve the issues accordingly. The P.E. Certification must be submitted to the District Office for review prior to performing any inspection. Upon completion of construction, a certification memo that has been signed and sealed as appropriate under G.S. 89C-16 by a North Carolina Professional Engineer or Professional Land Surveyor, shall be submitted to the District Engineer prior to opening the access connection for public use. Supporting documents shall be attached certifying that improvements meet the approved plan and NCDOT standards. All documentation must be dated and initialed by the contractor. Verification will include QMS forms (QMS-MV1 and QMS-MV2), inspection reports, testing reports, or any supporting documentation and calculations. Verification will cover, but is not limited to: sub-grade, pavement structure, drainage and traffic control items. Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 5911 OLEANDER DRIVE, SUITE 101 WILMINGTON, NC 28403 04-11-03 COURIER Telephone: 910-398-9100 Customer Service: 1-877-368-4968 Website: ncdot.gov Location: 5911 OLEANDER DRIVE, SUITE 101 WILMINGTON, NC 28403 Pre-Construction meetings are valid for 90 days, any work that begins more than 90 days after the pre-construction meeting may require an updated meeting and this is at the discretion of the district office. For pre-construction meetings, the permitted party or their contractor shall provide three (3) business days advance notice prior to construction activity within the NCDOT Right of Way, contact Nick K. Drees nkdrees@ncdot.gov or the district office at (910)398-9100 to set up this Pre-Construction meeting. Sincerely, Jon Roan, Deputy District Engineer for Benjamin T. Hughes, P.E., District Engineer BTH/jr/fwm/nkd ec: Blake Jacobs, New Hanover County Maintenance Engineer, NCDOT Stonewall Mathis, P.E., Division Traffic Engineer, NCDOT Bryce Cox, Senior Assistant Traffic Engineer, NCDOT Robert Farrell, Senior Current Planner, New Hanover County Amy Doss, Current Planner, New Hanover County Zackary Dickerson, Current Planner, New Hanover County Timothy Lowe, Chief Project Engineer for Stormwater Services, New Hanover County Christine Bouffard, Zoning Compliance Official, New Hanover County APPLICATION IDENTIFICATION N.C. DEPARTMENT OF TRANSPORTATION Driveway Permit No. Date of Application STREET AND DRIVEWAY ACCESS County: PERMIT APPLICATION Development Name: LOCATION OF PROPERTY: Route/Road: Exact Distance Miles N S E W Feet From the Intersection of Route No. and Route No. Toward Property Will Be Used For: Residential /Subdivision Commercial Educational Facilities TND Emergency Services Other Property: is is not within City Zoning Area. AGREEMENT xI, the undersigned property owner, request access and permission to construct driveway(s) or street(s) on public right- of-way at the above location. xI agree to construct and maintain driveway(s) or street entrance(s) in absolute conformance with the current “Policy on Street and Driveway Access to North Carolina Highways” as adopted by the North Carolina Department of Transportation. xI agree that no signs or objects will be placed on or over the public right-of-way other than those approved by NCDOT. xI agree that the driveway(s) or street(s) will be constructed as shown on the attached plans. xI agree that that driveway(s) or street(s) as used in this agreement include any approach tapers, storage lanes or speed change lanes as deemed necessary. xI agree that if any future improvements to the roadway become necessary, the portion of driveway(s) or street(s) located on public right-of-way will be considered the property of the North Carolina Department of Transportation, and I will not be entitled to reimbursement or have any claim for present expenditures for driveway or street construction. xI agree that this permit becomes void if construction of driveway(s) or street(s) is not completed within the time specified by the “Policy on Street and Driveway Access to North Carolina Highways”. xI agree to pay a $50 construction inspection fee. Make checks payable to NCDOT. This fee will be reimbursed if application is denied. xI agree to construct and maintain the driveway(s) or street(s) in a safe manner so as not to interfere with or endanger the public travel. xI agree to provide during construction proper signs, signal lights, flaggers and other warning devices for the protection of traffic in conformance with the current “Manual on Uniform Traffic Control Devices for Streets and Highways” and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the District Engineer. xI agree to indemnify and save harmless the North Carolina Department of Transportation from all damages and claims for damage that may arise by reason of this construction. xI agree that the North Carolina Department of Transportation will assume no responsibility for any damages that may be caused to such facilities, within the highway right-of-way limits, in carrying out its construction. xI agree to provide a Performance and Indemnity Bond in the amount specified by the Division of Highways for any construction proposed on the State Highway system. xThe granting of this permit is subject to the regulatory powers of the NC Department of Transportation as provided by law and as set forth in the N.C. Policy on Driveways and shall not be construed as a contract access point. xI AGREE TO NOTIFY THE DISTRICT ENGINEER WHEN THE PROPOSED WORK BEGINS AND WHEN IT IS COMPLETED. 2004-01 NOTE: Submit Four Copies of Application to Local District Engineer, N.C. Department of Transportation TEB 65-04rev. 61-03419 New Hanover Hall tract US HWY 421 McQuillan (SR 1257)US HWY 421 SR 2364 x x x x Wilmington 330 D033-065-24-00165 Jon Roan, Deputy District Engineer for Benjamin T. Hughes, P.E., District Engineer 08/29/2025 • This approval is for a driveway connection on Carolina Beach Road (US Hwy 421) only. •This approval is for an 85-Unit townhouse development. • The subdivision roads are considered private and will not be maintained by NCDOT • Contact Division 3 Traffic Services at 910-341-2200, for pre-pavement marking standards. Additional pavement markings and signs may be required. • Time Restriction – Summer Season from Memorial Day to Labor Day: Night Work Only: No lane closures shall be allowed between 6:00am and 7:00pm and NO weekend lane closures. Off Season from Labor Day to Memorial Day, Peak Hours Restricted: No lane closures shall be allowed from 6:00am to 9:00am and from 4:00pm to 7:00pm and No weekend lane closures. (HOURS SUBJECT TO CHANGE DUE TO TRAFFIC CONDITIONS). • No lane closures shall be allowed on State holidays and local events. • It is the responsibility of the applicant to coordinate with the Engineer of Record and/or their representative to execute a field walk through inspection to approve the construction of the proposed roadway improvements and that it has been constructed in accordance with the NCDOT approved plans and NCDOT Standard Specifications for Roads and Structure. Prior to P.E. Certification any deficiencies found shall have corrective actions taken to resolve the issues accordingly. The P.E. Certification must be submitted to the District Office for review prior to performing any inspection. Division 3, District 3 Updated 07/26/2023. The Standard Conditions in this document apply to this and all driveway permits issued by District 3. Driveway Permit Standard Conditions District Office Contact Information: 5911 Oleander Drive, Suite 101 Wilmington, NC 28403 (910) 398-9100 SC1 A Pre-Construction meeting must be held with the District Office prior to any work performed in the right of way and is only good for 90 days. Any work that will begin after 90 days of Pre-Construction meeting may require an updated pre-construction meeting. All locates should be completed prior to the scheduling of meeting. SC2 The Permittee shall follow any and all revisions shown in RED on attached plan(s). SC3 The driveway permit along with all terms and agreements shall be incorporated into any lease or sales agreement. SC4 If the approved permit encroaches within the limits of an active construction project the Permittee will be required to coordinate with the NCDOT contractor as well as secure a hold harmless agreement prior to commencing work. If the approved permit encroaches within the limits of project in preconstruction, the Permittee will be required to coordinate with the Department’s Project Development Unit to ensure no conflicts are created with the installation. SC5 A Performance and Indemnity Bond posted with the North Carolina Department of Transportation is hereby obligated to cover work under this driveway permit. This bond is only for work within NCDOT Right of Way. SC6 An Initial Construction Inspection is required after the completion of the work. An Initial Inspection Report will be issued upon satisfactory completion of the work and begins the one-year warranty period. Contact the District Office to schedule an inspection by calling 910-398-9100 or email at Div3Dist3@ncdot.gov. SC7 All bonds will be held for a minimum of one year from the time of the Initial Construction Inspection Acceptance. At the end of that time period, the bond may be released at the request of the applicant pending Final Inspection Acceptance. SC8 A Final inspection is required after one year and prior to release of the bond. Contact the District Office three months prior to the end of the one-year bonding period for final inspection and creation of a list of deficiencies; this should provide enough time for corrective action prior to the end of one year. A Final Inspection Acceptance will be issued once the work has been completed and any deficiencies addressed. SC9 All flagging operations within NCDOT right-of-way require qualified and trained Work Zone Flaggers. Qualified and trained Work Zone Traffic Control Supervisors will be required on significant projects. Training for this certification is provided by NCDOT approved training sources and by private entities that have been pre-approved. For more information, visit https://connect.ncdot.gov/projects/WZTC/Pages/Training.aspx or contact, Karmen E. Miller, PE with the NCDOT Work Zone Traffic Control Unit at (919) 814-5043, or kemiller@ncdot.gov. SC10 No lane closures shall be allowed on State Holidays (day of, day before, and day after) or during Local events. SC11 No lane closures or impediment to traffic shall be allowed on weekends without prior written approval from the District Engineer. SC12 One lane must always be open to traffic; only one lane closure will be allowed in each direction. Ingress and egress shall be maintained to all businesses and dwellings affected by the project. Special attention shall be paid to Police and Fire Stations, fire hydrants and Hospitals. SC13 All roadway signs removed during project work shall be reinstalled immediately after completion of work. All equipment and materials shall be removed from the NCDOT right-of-way when not in use. SC14 Any work requiring personnel or equipment within 5' of the travel lane on an undivided roadway, or 10' of the travel lane, on a divided roadway shall require a lane closure per the latest edition of the MUTCD and the NCDOT Standard Specifications. The more stringent standards shall apply. SC15 Approval is only for work within NCDOT right-of-way. Any construction planned or proposed outside NCDOT right-of- way shall require the permittee to obtain concurrence and/or right-of-way from subject property owner and/or local government. This approval excludes area(s) within Railroad right-of-way and/or Municipal right-of-way which will require separate approval from the Railroad, City or Town. Approval is with the understanding that NCDOT does not guarantee the right-of-way on any road. SC16 All traffic control, asphalt mixes, structures, construction, workmanship and construction methods, and materials shall be in compliance with the most-recent versions of the following resources: Manual on Uniform Traffic Control Devices, Policy on Street and Driveway Access to North Carolina Highways, Policies and Procedures for Accommodating Utilities on Highway Rights of Way, Subdivision Roads Minimum Construction Standards, NCDOT Standard Specifications for Roads Division 3, District 3 Updated 07/26/2023. and Structures, NCDOT Roadway Standard Drawings, AASHTO Policy on Geometric Design of Highways and Streets, NCDOT Asphalt Quality Management System manual, and the approved plans. SC17 Prior to beginning work, it is the requirement of the Permittee to contact the appropriate Utility Companies involved and make arrangements to adjust or relocate any utilities that conflict with the proposed work. SC18 NC 811 services DOES NOT provide locates of traffic signal cables. If the work is located within ½ mile of a signalized intersection, the Permittee shall contact NCDOT Traffic Services at (910) 341-2200 no less than one week prior to beginning work, for the location of all traffic signal and detection cables. Location is required prior to excavation. Cost to replace or repair NCDOT signs, signals or associated equipment shall be the responsibility of the Permittee. SC19 If modifications to a traffic signal are required under this permit, a separate traffic agreement is required prior to work. Contact the Division Traffic Engineer or Deputy Division Traffic Engineer at (910) 341-2200. SC20 If pavement markings are required under this permit, the permittee shall have the pavement markings pre-marked, inspected, and approved by NCDOT personnel prior to the placement of final pavement markings. Contact Traffic Services at (910) 341-2200 for pre-marking inspections or field changes. SC21 All concrete or paved channelization islands shall have a 12-inch diameter round or square smooth wall hole drilled, cored, formed, or air-hammered to the subgrade and backfilled with soil placed a minimum of 10 feet from the nose of each end of the island (see Roadway Standard Drawing 904.50), or as directed by the engineer. All sign supports that are to be erected in existing or proposed concrete or paved channelization islands shall meet the same requirements. If necessary, contact Traffic Services at (910) 341-2200 to mark core locations. SC22 Prior to beginning work, if the area of work is within a municipality limit, it is the responsibility of the Permittee to notify the municipal authorities. SC23 The Permittee shall comply with all applicable Federal, State, and local statutes, rules, regulations, and ordinances that may be imposed by other governmental agencies. The Permittee shall obtain all necessary Federal, State, and local environmental permits, including but not limited to, those related to sediment control, storm water, wetlands, streams, endangered species, and historical sites. SC24 All wiring and related work shall conform to the latest edition of the National Electrical Safety Code. SC25 No alteration of the approved plan will be allowed without written approval by NCDOT. All design plan changes proposed by the contractor shall be prepared by the Engineer of Record and submitted by the Owner/Permittee to NCDOT for review to ensure that the Engineer and Owner participate in all construction changes. Field changes constructed without prior written approval by NCDOT will not be accepted by NCDOT during the inspection process. SC26 An executed paper copy of the Driveway Permit and approved plans shall be present at the work site at all times while performing work. NCDOT reserves the right to stop all work unless evidence of approval can be shown. Additionally, NCDOT reserves the right to further limit, restrict, or suspend operations within the right-of-way. SC27 Material shall NOT be unloaded or stockpiled on the roadway at any time without proper lane closure during the project. Work is not permitted when the shoulder material is wet or during adverse weather conditions. SC28 All erosion control devices shall be placed as needed prior to disturbance and maintained throughout the project. All areas disturbed (shoulders, ditches, removed accesses, etc.) shall be graded and seeded within 15 calendar days with an approved NCDOT seed mixture. For disturbance of residential/commercial lawns, vegetation shall be replaced in like kind. SC29 For disturbance of plants, vegetation, trees or plant beds in the NCDOT right-of-way, they shall be replaced with plants, vegetation or trees of like kind or similar shape. Contact the Division Roadside Environmental Engineer at 910- 259-4919. SC30 The placement of curb and gutter is not allowed within shoulder sections of roadway (from the Right of Way to the edge of pavement). SC31 It shall be the responsibility of the property owner or local municipality to maintain any proposed sidewalk that will be placed within the NCDOT Right of Way. It is the responsibility of the Permittee to place the sidewalk and wheelchair ramps per NCDOT standards and the latest edition of the Americans with Disabilities Act. This maintenance requires an encroachment agreement through the District Office. SC32 It shall be unlawful to place any highway obstruction, including a driveway headwall, fence, rural mailbox, newspaper delivery box, or other roadside obstruction, so as to interfere with the traffic or maintenance of the roads and highways of the state highway system. See North Carolina Administrative Code 19A NCAC 2E.0404. SC33 Fire Hydrant(s) shall be placed a maximum of 1 foot from the right-of-way line. (STD. 1515.02 in the NCDOT Roadway Standard Drawings). Division 3, District 3 Updated 07/26/2023. SC34 The Permittee shall comply with all OSHA requirements and provide a competent person on site to supervise excavation at all times. SC35 The Permittee is responsible for any and all damage caused from project work within the right-of-way, including damage to drainage structures, pavement, vegetation, etc. SC36 Any pavement damage, including settlement of the pavement or damage by equipment used to perform the project work, shall be re-surfaced to the satisfaction of the District Engineer or their representative. This may include the removal of pavement and a 50’ mechanical overlay. All temporary and final pavement markings are the responsibility of the Permittee. SC37 Centerline pavement markings shall be installed the same day resurfacing is accomplished. All other pavement markings shall be completed within five days of resurfacing. SC38 All pipes placed within the NCDOT Right of Way shall be NCDOT approved materials. All joints shall be sealed with mortar or other NCDOT approved material. Backfill compaction shall meet NCDOT Standardized Testing Method. SC39 Throughout the life of the project, the permittee shall maintain all drop-offs within the work zone such that they do not exceed the maximum of 2". SC40 All removed curb, driveways, and shoulder areas shall be backfilled at a 6:1 slope or flatter at the end of the days' production. SC41 Upon completion of construction, a certification memo that has been signed and sealed as appropriate under General Statute 89C-16 by a North Carolina Professional Engineer or Registered Land Surveyor shall be submitted to the District Engineer prior to opening the access connection for public use. Supporting documentation shall be attached certifying that improvements for the driveway access(s) meet the approved plan and NCDOT standards. All documentation shall be dated and initialed by the contractor. Verification will include inspection reports, testing reports, or any supporting documentation and calculations. Verification will cover, but is not limited to, subgrade, pavement structure, drainage, and traffic control items. SC42 It shall be unlawful for any person, firm, or corporation to erect, maintain, or operate upon his own land, or the land of another, any farm gate or other gate which, when opened, will project over the right-of-way of any State highway. Proposed gates are required to be located far enough from the edge of pavement so as not to interfere with roadway traffic flow; minimum 100’ from the Right of Way. See North Carolina General Statute 136-94. SC43 If this is a Temporary Driveway Permit then it is for temporary access only. All ingress/egress points for permanent access to this property shall be applied for per the Policy on Street and Driveway Access to North Carolina Highways. All Temporary Driveway Permits are for a 90-day period at which an extension will be required, or permanent request petitioned. SC44 The applicant/property owner shall be responsible for performing routine maintenance of the driveway(s) to ensure all applicable concrete median islands, traffic signs, pavement markings and reflectors remain in compliance as permitted. SC45 Sidewalk closures shall be installed, as necessary. Pedestrian traffic shall be detoured around these closures and shall be signed appropriately and in accordance with The American with Disabilities Act Accessibility Guidelines. The encroaching party must adhere to the guidelines for accommodating pedestrians in encroachment work zones as described in the NCDOT Pedestrian Work Zone Accommodations Training found at https://www.youtube.com/watch?v=AOuYa5IW3dg&feature=youtu.be 365ec ON E W A Y SS FMSS FMSS FMSS FMSS FMSS FMSS FMSS FMSS FM SS F M SS F M SS FMSS FMSS FMSS FMSS FMSS FMSS FMSS FMSS FMSS FMSS FMSS FMSS FMSS FMSS FMSS FMSS FMSS FMSS FM 365ec MCQUILLAN DRIVE (SR 1257) SOUTHERN CH A R M D R US H W Y 4 2 1 HILL VALLEY WALK EX P O S U R E SO U T H E R N SITE MCQUILLAN DRIVE (SR 1257) SOUTHERN CH A R M D R US H W Y 4 2 1 HILL VALLEY WALK EX P O S U R E SO U T H E R N SITE SS F M SS F M