20070250 Ver 1_Information Letter_20090429

$ Permit Class
NEW
(by CRC Variance)
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vrrmlt
for
X N,/IajorL)cN,elopment in in Area of Environmental Concem
pursuant to NCGS 113A-I 18
X Excavation and/or filling pursuant to NCGS 113-229
Permit Nt
32-09
Issued to N.C. Departrueut of Traw port"tiatt, 113 Airport Drive, Suite 100, Edenton, NC 27932
Authorizing development in Dare. County at Atlantic Ocean, NC Highway 12. Pea
Island National Wildlife Refuge , as requested in the permittee's application dated 8/27/08 (MP-1) and 8/25/08
(MP-2), including the attached workplan drawings (2) dated 7/30/08 & attached AEC Hazard Notice dated 9/17/08.
This permit, issued on 4/29/09 , 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.
Beach Habitat Restoration
1) In order to protect sea turtle and shorebird populations, as well as finfish and invertebrates in the surf
zone, no work shall be conducted on the beach or forward of the dunes during the sea turtle and
piping plover nesting season from April 1st to November 15th of any year without prior approval from
the N.C. Division of Coastal Management (DCM) in coordination with the U.S. Fish and Wildlife
Service, the N.C. Wildlife Resources Commission and the N.C. Division of Marine Fisheries.
2) This permit authorizes beach habitat restoration activities to be carried out one (1) time along the
project area. Any request to carry out additional activities within an area where beach habitat
restoration activities have been completed will require a modification of this permit.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified peisons 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
December 31, 2012
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
t
James H. Gregson, 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 #32-09
Page 2 of 4
ADDITIONAL CONDITIONS
3) Prior to the initiation of any beach habitat restoration activity above the normal high water contour
(NI-IW) within the limits of the permittee's jurisdiction, easements or similar legal instruments shall be
obtained from all impacted property owners.
4) Prior to the initiation of heath habitat restoration activity along each section of beach..vhere material is
to be placed below the existing mean high water line, the existing mean high water line shall be
surveyed and a copy provided to the Division of Coastal Management.
5) During and after construction, a uniform gradual slope shall be maintained between the mean high water
and mean low water elevation contours so as not to endanger the public or interfere with the public's use
of the beach.
6) The north and south ends of the beach undergoing maintenance shall angle onto and blend with the
existing adjacent beaches.
7) In accordance with commitments made by the permittee, the location(s) of the dune breach(es) created
to truck fill material onto the beach face shall be established through coordination with DCM and
USFWS.
S) Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated
with DCM and USFWS. All disturbed areas shall be restored and revegetated immediately following
project completion in that specific area.
9) All work shall be accomplished in such a manner that damage to existing vegetation is minimized.
10) Once a section is complete, heavy equipment shall be removed or shifted to a new section and the area
graded and dressed to final approved slopes.
11) Any proposal involving sand fence installation shall be submitted to DCM and USFWS for approval to
ensure that such installation does not impede public access or emergency vehicles and does not endanger
nesting sea turtles. Any derelict sand fencing shall be immediately removed from the beach.
12) Immediately after completion of beach habitat restoration activities, monitoring shall be conducted to
determine is escarpments are present that would affect nesting sea turtles or public access. If such
escarpments are present, the permittee shall coordinate with DCM and USFWS to determine if remedial
actions are necessary.
Borrow Area Excavation
13) In accordance with commitments made by the permittee , coordination with the N.C. Aquariums shall be
conducted to establish a safe boundary around the Old Coast Guard Station building during excavation
of fill material.
14) In accordance with commitments made by the permittee, the excavation of the material at the borrow
area shall be carried out so that shallow pools that improve shorebird foraging habitat are created. The
location and design of these pools shall be done in coordination with, and to the approval of, the U.S.
Fish and Wildlife Service.
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #32-09
Page 3 ,of 4
151 Should the excavation onerations encounter sand deemed non-compatible with 15A NCAC 07H .0312
(Technical Standnrds fnr Rpsirh Fill Prnject,s), the permittee shnll immediately cease. nnr.mtinn -111(1
contact the NCDCM. Permitted activities shall resume only after resolution of the issue of sand
compatibility.
General
NOTE: Areas covered under this CAMA Major Permit No. 32-09 are being studied through the
NEPA/404 Merger Process as Transportation Improvement Program (TIP) projects and/or by the
Outer Banks Task Forcc. The permittee is strongly cnwuraged to expedite efforts to develop
and implement a long-term solution to the maintenance and protection of NC Highway 12 along
Hatteras Island through these collaborative efforts.
16) No sand shall be placed on any sand bags that have been determined by the Division of Coastal
Management to be subject to removal under 15A NCAC 07H.0308(a)(2). In order to ensure
compliance with this condition, the Division of Coastal Management shall be contacted at 252-264-3901
prior to project initiation so that Division staff may meet on site with the permittee and/or contractor.
NOTE: The permittee is advised that the Division of Coastal Management shall regulate the removal of
existing sandbags and the placement of new sandbags in accordance with 15A NCAC 07H
.0308(a)(2)(F), or in accordance with any variances granted by the N.C. Coastal Resources
Commission.
17) No attempt shall be made by the permittee to prevent the full and free use by the public of all public
trust areas at or adjacent to the authorized work following project completion.
18) The permittee shall implement any and all project timing restrictions placed on the authorized project by
the U.S. Army Corps of Engineers as part of the Federal permit process. Nothing in this State Permit
shall be construed as overriding or superceding any such Federal permit requirement.
19) The permittee and/or his contractor shall provide for proper storage and handling of all oils, chemicals,
etc., necessary to carry out the project.
20) Any changes in the approved plan may require a permit modification and/or additional authorization
from DCM. The permittee shall contact a representative of DCM at [phone] prior to
commencement of any such activity for this determination and any permit modification.
21) The permittee and/or his contractor shall contact the DCM Transportation Field Representative in
Elizabeth City to request a preconstruction conference prior to project initiation.
22) This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that
may be required, including any required for the proposed borrow areas.
23) Nothing in this permit authorizes any activity that has not received approval from the U.S. Fish and
Wildlife Service (USFWS) for work within the Pea Island National Wildlife Refuge. The proposed
work shall not commence until the permittee has been issued a Special Use Permit from the USFWS,
and a copy of the Special Use Permit is received by DCM.
N.C. Department of Transportation Permit #32-09
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The USFWS issued Special Use Permit Number 2008-020 on 10/15/08 for this project.
24) The N.C. Division of Water Quality (DWQ) authorized the proposed project on 10/24/08 (DWQ Project
No. 2008137 t) under Water Quality Certification No. 3762. Any violation of the Certification approved
by D%VQ shall be considered a violation o!: this LAMA permit.
NOTE: The U.S. Army Corps of Engineers is reviewing this project as an Individual Permit (Action ID
No. SAW-2008-02722).
NOTE: The permittee should make every effort possible to minimize aiiy negative impacts of trucks and
construction equipment on roadway traffic. The permittee shall also ensure that the ability of
individuals to access and enjoy the beach is not impeded outside of the construction limits.
NOTE: The area where the placement of beach fill is proposed includes an area where the installation of
approximately 900 linear feet of sandbags was authorized by CAMA General Permit 07H .1700
on 2/13/07. The applicant is pursuing this beach fill project in an effort to restore beach habitat
as directed by the USFWS Special Use Permit #2006-014 that was issued on 12/11/06 for the
installation of these same sandbags.