33934_NC DOT_20030527

:EFE
A/ DREDGE & FILL 1(IV of ' ? 33934
RAL PERMIT /v f v,4
Previous permit #wModification ❑Complete Reissue El Partial Reissue Date previous permit issued 1
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC U'7 14
A
n n %� ❑Rules attached.
Applicant Name A �0 — DSA �}�: ➢<�� if�F'roject Location: County r�°4 iJn51e'c. L' i l -a'
Address Ag; S er V I CES Street Address/ State Road/ Lot #(s) q Lf 2—
Ci Pet IQ V State (UL zip 2 %,9V'YS „5 to I `ei P,&. 4+t -k,
Phone # ft—) W1 I � Faxn# (n (I) v Subdivis`io'n''
Authorized Agent �. i r�c�. e !� i�Cl't�`��C� City � 1 Ci. 1 4 20iIp
Affected cvv PTA ®Es DPTs Phone # ( ) River Basin t,{ �f ti (,I
AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A . � � � ( Q
❑ PWS: ,\
ORW: yes / no PNA
Type of Project/ Activity
Pier (dock) length
Platlorm(s)
Finger pier(s)
Groin length
number
Bulkhead/ Rip
avg dista
max dist
Basin, channe
cubic ya
Boat ramp _
Boathouse/ Bi
Beach Bulldo7
Other
Shoreline Len;
SAV: nt
Sandbags: nc
Moratorium:
Photos:
Waiver Attach
A building permit may be required by:
❑ FC:
) no Crit. Hab. yes / no
Adj. Wtr. Body � } 1 i I Vt'/ Onat /man unkn
Closest Maj. Wtr. Body /r' /�t `y L C''`t
(Scale: a n d v*w ; iii
Notes/ Special Conditions
i
L,jV-LkSe`i 91 -lac
Agent or Applicant4lrinted Name
Sign turePlease read com ce statement on back of permit
Application Feels) Check #
./z-7/0
❑ See note on back regarding River Basin rules.
/ //zo%3
Is�s^uing//--Date " 'ExpiratPion Date
Local Planning Jurisdiction Rover File Name

Statement of Compliance and Consistency
This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become
null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The
applicant certifies by signing this permit that I) prior to undertaking ah" kti ities authorized by this permit, the applicant will
confer with appropriate local authorities to confirm that this pro _Js risistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return rec6ip Chas been obtained from the adjacent riparian
landowner(s) .
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
❑ Tar - Pamlico River Basin Buffer Rules ❑ Other:
❑ Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington
Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules.
Division of Coastal Management Offices
Central Office
Mailing Address:
1638 Mail Service Center
Raleigh, NC 27699-1638
Location:
Parker -Lincoln Building
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293 / 1-888-4RCOAST
Fax: [phone]
Elizabeth City District
1367 U.S. 17 South
Elizabeth City, NC 27909
252-264-3901
Fax: [phone]
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
Counties)
Morehead City District
151-B Hwy. 24
Hestron Plaza II
Morehead City, NC 28557
202-808-2808
Fax: [phone]
(Serves: Carteret, Craven, Onslow -above
New River Inlet- and Pamlico Counties)
www.nccoastaimanagement.net
Washington District
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: [phone]
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-395-3900
Fax: [phone]
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
Revised 10/05/01

GP 33934
Subject: GP 33934
Date: Fri, 26 Sep 2003 12:55:22 -0400
From: Bill Arrington <[e-mail]>
Organization: NC DENR DCM
To: "Poole, Jaye" <[e-mail]>
Hi Jaye,
Don't feel like you have to take care of this right away. I'm just
sending it to you to get it off my desk.
Could you debit DOT for $100.00 for GP 33934, DOT Research project No.
2003-15.
Thank you,
Bill
1 of 1 9/26/03 12:56

rld
N. C. DEPARTMENT OF TRANSPORTATION
DATE
TRANSMITTAL SLIP Si e.3
TO: / REF. NO. OR ROOM, BLDG.
i I
FROM: REF. NO. OR ROOM, BLDG.
ACTION
❑ NOTE AND FILE ❑ PER OUR CONVERSATION
❑ NOTE AND RETURN TO ME ❑ PER YOUR REQUEST
❑ RETURN WITH MORE DETAILS ❑ FOR YOUR APPROVAL
❑ NOTE AND SEE ME ABOUT THIS ❑ FOR YOUR INFORMATION
❑ PLEASE ANSWER ❑ FOR YOUR COMMENTS
❑ PREPARE REPLY FOR MY SIGNATURE ❑ SIGNATURE
❑ TAKE APPROPRIATE ACTION ❑ INVESTIGATE AND REPORT
COMMENTS:
d,fr
41
et
3.Tgyy.
o cf)hp w c
610 67
�6 07

d ATE a�
�d ✓a^y
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
June 10, 2003
Mr. Bill Arrington, NCDOT Project Manager 'AUG Y 4 2003
North Carolina Department of Environment
and Natural Resources
Division of Coastal Management
Morehead City District Office
Hestron Plaza. II
151-B Highway 24
Morehead City, NC 28557
Dear Mr. Arrington:
SUBJECT: Division of Coastal Management General Permit for Temporary Pile Installation
Associated with Jetting Research in the White Oak River; Permit No. C-33934.
The NCDOT is in receipt of Division of Coastal Management General Permit No. C-33934. As
requested in the transmittal letter of May 27, 2003; enclosed is a check in the amount of $100.00 to
cover the application fee as well as the yellow and pink copies of Permit No. C-33934. Thank you for
your assistance with this matter. If you have any questions or concerns, please don't hesitate to call me
at [phone].
CC: File (Jetting Research Project)
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1548 MAIL SERVICE CENTER
RALEIGH NC 27699-1548
Sincerely,
7� 7�
T. Lm sey Riddick, Jr.
Environmental Supervisor
Natural Environment Project Management Unit
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW.NCDOT.ORG
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
May 27, 2003
NC Department of Transportation - PDEA
ATTN: Lindsey Riddick
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Mr. Riddick:
Attached is General Permit #C-33934 to temporarily install 8 piles with a platform around each
on the Carteret / Onslow County line adjacent the White Oak River at SR 1442 (Stella Road).
In order to validate this permit, please sign all three (3) copies as indicated. Retain the white
copy for your files and return the signed yellow and pink copies to us along with a check in
the amount of $100.00 made payable to NCDENR in the enclosed, self-addressed envelope. If
the signed permit copies are not returned to this office before the initiation of development, you
will be working without authorization and will be subject to a Notice of Violation and
subsequent civil penalties.
We appreciate your early attention to this matter.
Sincerely,
Bill Arrington
D.O.T. Field Representative
BA/srk
Enclosures
151-B Hwy. 24, Hestron Plaza Il, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement,net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

%- N CAMA / XDREDGE & FILL U 33934
GENERAL PERMIT Previous permit # �/ 14
New ❑Modification ❑Complete Reissue El Partial Reissue Date previous permit issued I
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
nn n / ❑ les attached.
Applicant Name DOT — P 8F f}v�: , /` c I(4roject Location: County <e A51ow L I'4y
Address �> (yg �'I �; S e r J i ��ir' Street Address/ State Road/ Lot #(s) .S r\
City P, e State ttiC ZIP 2 %'i`t-/SYS -S to I c1 R&- 1- +1 -'�- L - ; +,- C; c -
Phone #O 7//J 155 y Fax # O Subdivision
'11/ hI�
e R t4l,41 C� City F� ZIP
Authorized Agent L / r
u�
X41 CW `Z EW j PTA 9, ES OPTS Phone # ( ) River Basin
Affected OEA HHF IH ❑ UBA N/A (
AEC(s): [IElElElAdj. Wtr. Body �� 1'lt1�- Cc`k- � r I'eA na' man unkn
❑PWS: ❑ FC:
Closest Maj. Wtr. Body
ORW: yes / PNA yes no Crit. Hab. yes / no
no
Type of Project/ Activity
(Scale: an Cf'vzrw
Pier (dock) length ---
1
Platform(s) QS C-
i
Finger pier(s) f {
Groin length �� t +1 L Ck-
number
'�(t'�i-�tl ClbtCl�i 7 c{fi�'tcf
Bulkhead/ Riprap length
avg distance offshore C �_ o" L c, C L O
max distance offshore /L 0 �•�
Basin, channel a S c`J S k
cubic yards _ � r �]JL S CL -14t1 ,
J i
Boat ramp
Boathouse/ Boatlift-
- �> -� s c� � � f 6 � Y� Yl1 C L�c�j CJ ; TLL ► C•L � - — ---- - - -,
Beach Bulldozing � f ,t &4 �c� 1 1�C°
Other
Shoreline Length
SAV: not sure
yes no
Sandbags: not sure
yes no
Moratorium: n/a
yes no
Photos:yes
no
Waiver Attached:
es no
A building permit may be required by: _
Notes/ Special Conditions
\ i
L InkSe/ lc�^/t C
Agent or ApplicantPrinted Name
Signature ** Please read compliance statement on back of permit **
Application ee s) Check#
❑ See note on back regarding River Basin rules.
Permit O ficer's S' n;fre
7-716)5 (/ / , G'
Issss'u' �gfDate Expiratfon Date
�n�'1C� �L./h.s/CctJ L_C�tty-Tl�
Local Planning jurisdiction Rover File Name

t
•� �•� �• 2 ? 2003
STATE OF NORTH CAROLINA
DEPART TNT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDo TIPPETT
GOVERNOR SECRETARY
May 16, 2003
Mr. Bill Arrington, NCDOT Project Manager
North Carolina Department of Environment
and Natural Resources
Division of Coastal Management
Morehead City District Office
Hestron Plaza II
151-B Highway 24
Morehead City, NC 28557
Dear Mr. Arrington:
SUBJECT: Jetting Research Project, White Oak River Site, Carteret & Onslow Counties.
NCDOT Research Project 2003-15.
As you know, NCDOT applied for a CAMA permit for our jetting research project by letter
April 14, 2003. The research team at N.C. State has determined that working platforms will be needed
for the piles that will be installed in standing water. These platforms will require the installation of
four spud piles around the jetted pile installation site. These spud piles will support the working
platform. The spud installations will be vertical, and hammer driven, thereby causing minimal impact
on the surrounding environment. The platforms will be used for monitoring and collecting data
generated from the jetted pile installation. The platforms will be critical for delineating the disturbance
zone, monitoring turbidity, and evaluating the impacts caused by the jetting installation. At the White
Oak site, a platform will be needed for each jetting test pile at Location 4 (Sheet 5 of 7), a total of eight
spud piles. A detail drawing of the spud piles is enclosed.
It appears that this work will be essential to the research effort. Consequently, NCDOT hereby
modifies our application of April 14, 2003 to include this proposed work. We anticipate that the
project can still be authorized by the issuance of a Coastal Area Management Act General Permit for
temporary structures, as authorized by 15A NCAC .07H.1900. A copy of this information is being
provided to the North Carolina Division of Water Quality and the U. S. Army Corps of Engineers. If
you have any questions, please don't hesitate to call Mr. Lindsey Riddick of my staff at (919) 715-
1459.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC
RALEIGH NC 27699-1548

CC: w/attachment
Sincerely,
Gregory, . Thorpe, PhD
Environmental Management Director, PDEA
Mr. David Franklin, USACE, Wilmington
Mr. Mike Bell, USACE, Washington
Mr. Doug Huggett, NCDCM, Raleigh
Mr. John Dorney, Division of Water Quality
Ms. Sara Winslow, Division of Marine Fisheries
Mr. Mohammed Mulla, P.E., NCDOT Soils and FmLndations
Mr. Roger Rochelle, P.E. NCDOT Research and Development
w/o attachment
Mr. C. E. Lassiter, Conner, P. E., Division 2 Engineer
Mr. H. Allen Pope, P. E., Division 3 Engineer

TYPICAL SPUD PILE INSTALLATION AND LAYOUT
I' - DIA. SPUD PILE I' - DIA. SPUD PILE
.....Ll ....11[I
2' - DIA. PIPE PILE 0-10' TYPICAL
0 U
d aeaua wsAct
� 4
o DRIVEN SPUD PILE a
v rr-
I' - DIA. SPUD PILE I' - DIA. SPUD PILE o
N
N
40' TYPICAL
PLAN VIEW SECTION VIEW
NCDDT
DIVISION OF HHJHWAYS
ONSLOW COUNTY
PROJECIN&210 0l (d-M
JETTED PILE INSTALLATION
DETAIL,
SHEET OF
\white oak permit.dgn May. 12, 2003 10:11:40

i
ADJACENT RIPARIAN LANDOWNER STATEMENT
(Onslow & Carteret Counties: NCDOT Jetting Research Project)
General Statutes and Division of Coastal Management Major Development
Permit approval procedures require that riparian landowners with
property adjoining a proposed development in an Area of Environmental
Concern (AEC) be given ten (10) days in which to comment on the proposed
development. This form allows the adjacent riparian landowner to express
either: (1) that he objects to the project; or, (2) that he does not object and
desires to waive his/her right to the 10 -day period so that the processing of
the application can progress more rapidly. Of course, the adjacent riparian
landowner need not sign this form at all if he/she so chooses.
r �-�t,- , am an adjacent riparian property owner
and am a are of the North Carolina Department of Transportation's plans
for installing and removing temporary piles in the White Oak River In
Carteret and Onslow Counties, North Carolina. I am further aware that this
work will occur in one or more AEC's and therefore will require
authorization from the Division of Coastal Management in accordance with
the Coastal Area Management Act (CAMA).
1 have no objection to the project as presently proposed and
hereby waive that right of objection as provided in General
Statute 113-229
I have objections to the project as presently proposed and my
comments are attached
Sig4fature o djacent Riparian andowner
Date:

ADJACENT RIPARIAN LANDOWNER STATEMENT
(Onslow & Carteret Counties: NCDOT Jetting Research Project)
General Statutes and Division of Coastal Management Major Development
Permit approval procedures require that riparian landowners with
property adjoining a proposed development in an Area of Environmental
Concern (AEC) be given ten (10) days in which to comment on the proposed
development. This form allows the adjacent riparian landowner to express
either: (1) that he objects to the project; or, (2) that he does not object and
desires to waive his/her right to the 10 -day period so that the processing of
the application can progress more rapidly. Of course, the adjacent riparian
landowner need not sign this form at all if he/she so chooses.
I, , am an adjacent riparian property owner
and am aware of the North Carolina Department of Transportation's plans
for installing and removing temporary piles in the White Oak River In
Carteret and Onslow Counties, North Carolina. I am further aware that this
work will occur in one or more AEC's and therefore will require
authorization from the Division of Coastal Management in accordance with
the Coastal Area Management Act (CAMA).
I have no objection to the project as presently proposed and
hereby waive that right of objection as provided in General
Statute 113-229
I have objections to the project as presently proposed and my
comments are attached
' Q/f►'l�r�
Signature of Adjacent Riparian Landowner
Date: - l— D 3

Mary Louise Hamilton
P. O. Box 34
Stella, NC 29582-0()34
PM
Cf)
2 MAY
C
ol a -;,w
st-colti c
1 h; d jJ1d1hN;HHik

MAY -16-2003 15:41 NC DOT ONE—OHE
919 715 1501 P.02
Cr
r
0
F'o;mge
HLIN
FU
N
Cbrtdled CeP
God
rn
Return Receipt Fee
Foscrrurk
Ho.
. � . N
tC3
(Endars„ment Required)
EM
E;3Enderaemeni
I Raetrlcted DeliveryFee
RequireM
»
t..
Total Pastaae $Fen
$
Q
aseald ;JapuaS
C 13
---------
l�
- -----' ... ..... ...... ...............
_..... _...... ....-----
gffZ
S 3t11sod s31Y11S 031tNn
■ Complete Items 1, 2, and 3. Also Complete
Item 4 if Restricted Delivory is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Ar fe Addressed to!
I
Mr, Grover C. Caddell, III
International Patient Services, Inc.
3201 River Road
Stella, NC 28582
A.
X
0 Agent
B.1114"ived'by ( Painted Name) C. Date of Delivery
jt
0. Is drtiivery address different tram item 1 U CRs
If YES, enter delivery address balow. 0 No
3. Sjlrvice Type
entified Mail ©lxpress Mail
Ra9iSterad Cl Return Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
- Restrictad C)O very7 (Ex" Fee) 0 Yes
2. Article Number
(transfer from service labeq -1b l� S./�-�-
PS Form 3811, August 2001 Domestic Rotum Receipt ors9s-0z-M-1540
TOTAL P.02

d.x STA7t o
yrana
APR 2 1 2003
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
April 14, 2003
Mr. Bill Arrington, NCDOT Project Manager
North Carolina Department of Environment
and Natural Resources
Division of Coastal Management
Morehead City District Office
Hestron Plaza II
151-B Highway 24
Morehead City, NC 28557
Dear Mr. Arrington:
SUBJECT: Jetting Research Project, White Oak River Site, Carteret & Onslow Counties.
NCDOT Research Project 2003-15.
As you are aware, the NCDOT is sponsoring a research project to evaluate techniques to use
jetting for pile installation. Jetting is an effective means of pile installation in many bridge
construction projects and can have minimum environmental impact, if used properly. However,
limited data are available on potential environmental impacts and no guidelines exist to minimize
adverse effects on environmentally sensitive areas. It is urgent and important to develop jetting design
guidelines and procedures acceptable to the regulatory agencies, while allowing the contractors to
perform the required pile installations. Consequently, NCDOT has contracted with a research team
from N.C. State University to investigate the effects of jetting techniques in the aquatic environment.
The objective of this research project is to characterize and define disturbance due to jetting
installation method as manifested by zone of influence and volume of debris area. This disturbance
will be defined as a function of jetting pressure, flow rate, and site conditions including soil types.
Second, specifications will be developed with recommendations regarding jetting parameters and
possible modifications of the jetting procedure to minimize disturbance. The ecological impacts of
jetting will be presented in terms of the jetting disturbance effect on hydric soils. This effort will
require work at four sites, including in Areas of Environmental Concern as defined by the N.C. Coastal
Area Management Act. This request pertains specifically to the White Oak River Site.
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1548 MAIL SERVICE CENTER
RALEIGH NC 27699-1548
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW.NCDOT.ORG
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC

White Oak River Site
The proposed White Oak River site is located adjacent to TIP Project B-2938 on the White Oak
River in Carteret and Onslow Counties. This site presents several positive attributes that would be
beneficial to the pile jetting research project. The site is relatively large and has potential sites for
jetting underwater in the river itself and also sites located on land in a wetland setting. In addition, the
wetland jetting areas are easily accessible from a paved road, which will minimize the amount of
disturbance associated with moving large equipment into an environmentally sensitive area.
Tests will enable the research team to closely simulate the environment in which piles are
typically installed where jetting disturbance and debris are a major environmental concern. Since the
intent of the research team is to minimize this disturbance in these types of areas, it is imperative that
representative testing be conducted in an area such as the White Oak River area.
The research team is proposing to install and remove a total of 8 piles at this site. Two of the
locations are located directly in the river adjacent to the existing bridge structure and six of the
locations are located the proposed roadway alignment of B-2938. Since a major component of the
research is to measure the disturbance zone caused by a jetted pile installation, a method of
containment would be detrimental to the research. The disturbance zone must be allowed to fully
develop so that accurate measurements can be obtained for the research. However, it is the intent of
the researchers to cause minimal impact on the surrounding environment at the test locations by using
innovative jetting techniques. Also, each test location will be thoroughly cleaned of any deleterious
materials after testing. The displaced soil generated by installing the piles will be used to backfill the
holes left after extraction. In no way will the intact root mat be excavated or disturbed in the wetland
areas except for the actual insertion point of the pile.
The field-testing phase of this research project will aim at collecting data on the zone of debris
as a function of jetting parameters and soil conditions. The purpose of this research is to quantify the
zone of disturbance occurring from the jetting process and to monitor the hydrographic variables such
as temperature, salinity, conductivity, pH, and dissolved oxygen. During this phase, an expert on
wetlands will be consulted regarding the effect of debris zone on the surrounding ecological habitats.
Information gathered from field research will be incorporated into an empirical model developed in the
laboratory phase of the research project. This model will be available for the NCDOT to use in
assessing future projects where pile jetting is an option. The model will supply predictions of the zone
of disturbance from input variables such as grain size distribution, soil composition, jetting pressures,
jetting flow rates, and pile diameter. With this model, the most effective means of pile installation can
be determined while minimizing the impacts to the surrounding environment.
The research results will be presented to the regulatory agencies for their review and approval.
Once approved, the jetting design guidelines and procedures will be used in projects where jetting is
proposed. The results of this research are expected to have positive impact on operational efficiency,
and facilitate conformance to environmental regulations.
The NCDOT hereby requests that this experimental jetting be authorized by the issuance of a
Coastal Area Management Act General Permit for temporary structures, as authorized by 15A NCAC
.07H.1900. Enclosed you will find permit drawings depicting the proposed work.

The NCDOT also requests authorization from the U. S. Army Corps of Engineers and the North
Carolina Division of Water Quality under Nationwide Permit No. 25 and the corresponding General
Water Quality Certification. If you have any questions, please don't hesitate to call Mr. Lindsey
Riddick of my staff at [phone].
CC: w/attachment
Sincerely,
GregorA J. Thorpe, PhD
Environmental Management Director, PDEA
Mr. David Franklin, USACE, Wilmington
Mr. Mike Bell, USACE, Washington
Mr. Doug Huggett, NCDCM, Raleigh
Mr. John Dorney, Division of Water Quality
Ms. Sara Winslow, Division of Marine Fisheries
Mr. Mohammed Mulla, P.E., NCDOT Soils and Foundations
Mr. Roger Rochelle, P.E. NCDOT Research and Development
w/o attachment
Mr. C. E. Lassiter, Conner, P. E., Division 2 Engineer
Mr. H. Allen Pope, P. E., Division 3 Engineer

r
\\ t
i ria
/ � 1
N. C.D. O. T.
DIVISION OF HIGHWAYS
VIINITYC CARTERET AND ONSLOW
COUNTY
JETTING RESEARCH PROJECT
MAPBRIDGE NO. 49 ON SR 1101
AND SR 1442 OVER WHITE
OAK RIVER
STATE PROJECT #82160801 B-2938
SA'EET 1 OF 7 02/28/03

STA 17+37.500 —1 END STATE PROJECT B-2938
irA. 17+37.500 —L— END FA PROJECT BRZ-1101(5
I
STA 6+70.000 —L— BEGIN STATE PROJECT B-2938
TA_ 6+70.000 —1 BEGIN FA PROJECT BRZ-1101(5)
SR foo
STELLA RDL
FLI � 110 ,
\\
NIXLY I.WE
N.C.D.O.T.
DIVISION OF HIGHWAYS
VICINITYCARM"T AND ONSLOW
COUNTY
MAP
JETTING RESEARCH PROJECT
BRIDGE NO. 49 ON SR 1101
AVID SR 1442 OVER WHITE
OAK RIVER
STATE PROJECT #8.2]'60801 1-2938
SLE ET 2 OF 7 02/28/05

JETTING TEST
PILE LOCATION
-- --
o
� N
Q i
lU ° W
Z°
Cal a a a
TJ ° J
Qz
a a a
U—.cLU
N
SITE I N.C.D.O.T.
DIVISION OF HIGHWAYS
NOTE: HAND CLEARING CARTERET AND ONSLOW
PLAN V I IE W IN WETLANDS ONLY, NO COUNTY
v v v MECHANIZED CLEARING JETTING RESEARCH PROJECT
TEMP WORK BRIDGE BRIDGE NO. 49 ON SR 1101
AND 3R 1442 OVER WHITE
5m 0 10 OAK RIVER
SCALE � WETLAND RESTORATION STATE PROJECT�8.2160801 B-2938
SHEET 3 OF 7 02/28/03

1
T
JETTING TEST
4-
PILE -fOCATION
o
�
r•-_�_-
�— —
0 _—f-- a —_ O a 0
o 1
0 0
0 0
Z
10.7m
Q
�
SITE 11
DIVISION OF HIGHWAYS
CARTERET AND ONSLOW
PLAN VIEW
CUNTY
/I
JETTING RESEARCH PROJECT
TEMP WORK BRIDGE
BRIDGE NO. 49 ON SR 1101
NOTE: HAND CLEARING LS__�S__n__1Sl
AND SR 1442 OVER WHITE
50 0 LOv
IN WETLANDS ONLY,NO
SCALE MECHANIZED CLEARING WETLAND
RESTORATION
OAK RIVER
STATE PROJECTF8.2160801 B-2958
SHEET 4 OF 7 02/28/03

41
JETTING TEST PILE
I\
LOCATIONQ \I
CANAL
10001 INNER I ' AVE, 01 RON
M. - 1411111 IN 0111141, MEMO W - I VMS RMINA'ATME, I'll &Z"#lwz*mr?4 IN ON 0 VAI wil -
r&� ���� W:����&A��lFtt'I MEMO
M 01 WrOffill OW
►�1�1����1������1������1�1����1������1�1����1�1����1�1����1�1������1�����`
�1�1�11�1=1�11�1=1�11�1=1�11�1�1�11�1�1�11���1�111��►1�1�1��1�1�11�1=1�1��
I � /
SITE III & IV
--- ..
i---- TEMP WgRt BRIDGE
5m 0 10 NOTE:H-ASN
IN WETLANDS ONLY, NO
SCALE MECHANIZED CLEARING WETLAND RESTORATION
N.C.D.®.T.
DIVISION OF HIGHWAYS
CARTERET AND ONSLOW
COUNTY
JETTING TEST PROJECT
BRIDGE NO.49 ON SR 1101
AND SR 1442 OVER WHITE
OAS RIVER
STATE PROJECT�8.2160801 B-2938
SHEET 6 OF 7 02/281/03

2'
TYPICAL JETTED PILE INSTALLATION SITE
\white oak permit.dgn Mar. 11, 2003 15:26:30
10' TYPICAL
NCDOT
ON OF HIGHWAYS
ONSLOW COUNTY
PROJBC17iB.l160801 (11-2968)
SECTION VIEW BETTED PILE INSTALLATION
DETAIL
SHEET G OF 7 3-11-03
rcu. d/v/n3

PARCEL NO.
PROPERTY OWNERS
NAMES AND ADDRESSES
NAMES
i CHARLES W. HERMANSON, JR.
2 ETHLYN SANDERS HURST
3 KENNETH W.METTS
4 MIDWAY UNITED
METHODIST CHURCH
5 JEANETTE SMITH MORTON
6 ETHLYN SANDERS HURST
7 NIDO L. HAMILTON
8 HARRY BARKER
ADDRESSES
355 STELLA RD.
STELLA, NC 28582
145 DOCTOR CORBETT RD.
SWANSBORO,NC 28584
2117 RIVER DR.
STELLA, NC 28582
139 WETHERINGTON LANDING RD.
STELLA, NC 28582
4405 HOLLY LN.
VALDOSTA, GA 3lG02
145 DOCTOR CORBETT RD.
SWANSBORO,NC 28584
110 WETHERINGTON LANDING RD.
STELLA, NC 28582
4604 PINE NEEDLE LN.
WILSON, NC 27896
rev.

MAY -15-2003 09:3e
MICHAEL F. EASLEY
GOVERNOR
NC DOT ONE-OHE
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTAMN
May 16, 2003
Mr. Bill Arrington, NCDOT Project Manager
North Carolina Department of Environment
and Natural Resources
Division of Coastal Management
Morehead City District Office
Hestroa Plaza II
151-B Highway 24
Morehead City, NC 28557
Dear Mr. Arrington:
919 715 1501
LYNDo TIPPETT
SECRETARY
SUBJECT: Jetting Research Project, White Oak River Site, Carteret & Onslow Counties.
NCDOT Research Project 2003-15,
P.01
As you know, NCDOT applied for a CAMA permit for our jetting research project by letter
April 14, 2003. The research team at N.C. State has determined that working platforms will be needed
for the piles that will be installed in standing water. These platforms will require the installation of
four spud piles around the jetted pile installation site. These spud piles will support the working
platform. The spud installations will be vertical, and hammer driven, thereby causing minimal impact
on the surrounding environment. The platforms will be used for monitoring and collecting data
generated from the jetted pile installation. The platforms will be critical for delineating the disturbance
zone, monitoring turbidity, and evaluating the impacts caused by the jetting installation_ At the White
Oak site, a platform will be needed for each jetting test pile at Location 4 (Sheet 5 of 7), a total of eight
spud piles. A detail drawing of the spud piles is enclosed.
It appears that this work will be essential to the research effort. Consequently, NCDOT hereby
modifies our application of April 14, 2003 to include this proposed work. We anticipate that the
project can still be authorized by the issuance of a Coastal Area Management Act General Permit for
temporary structures, as authorized by 15A NCAC .07H.1900. A copy of this information is being
provided to the North Carolina Division of Water Quality and the U. S. Army Corps of Engineers. If
you have any questions, please don't hesitate to call Mr. Lindsey Riddick of my staff at (919) 715-
1459.
MAILING ADDRESS:
NC DEF ARTmeN7 Of T"NspoRTATioN
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALY616
1548 MAIL SERVICE CENTER
RALeiom NC 27699.1568
TELEPHONE: [phone]
FAX: [phone]
W&BSITE: WWW.NCOOT.ORG
LOCATION:
TRANSPORTATION BUILDING
1 S"H W WIP4TON 3TRE57
RALEGH NC

MAY -15-2003 09:38 NC DOT ONE-OHE 919 715 1501 P.02
CC: w/attachment
Sincerely,
TGregory, . Thorpe, PhD
Environmental Management Director, PDEA
Mr. David Franklin, USACE, Wilmington
Mr. Mike Bell, USACE, Washington
Mr. Doug Huggett, NCDCM, Raleigh
Mr. John Dorney, Division of Water Quality
Ms. Sara Winslow, Division of Marine Fisheries
Mr. Mohammed Mulla, P.E., NCDOT Soils and Foundations
Mr. Roger Rochelle, P,E. NCDOT Research and Development
w/o attachment
Mr. C. E. Lassiter, Conner, P. E., Division 2 Engineer
Mr. H. Allen Pope, P. E., Division 3 Engineer

TYPICAL SPUD PILE INSTALLATION AND LAYOUT
V DIA, SPUD PttE 1' - DIA. SPUO PIIS
0 raixac
2' - 010, PIPE PILE a 0-10' UNCAL
0 u
9L Amom
srao orad
o OAIVEN SPIl6 PILO i
a r
DIA. SPLA ME E 5 - 01 A. SPUD ME o
N
V7
40' TYPICAL
PLAN VIEW s c?m VJBw
NCDOT
DIVISION OR HIGHWAYS
ONSLON COMM
PAAMMU14m Girm
JRTTBD PILE INSiaALLATION
DETAIL
or s-
Z
n
C7
O
O
Z
m
I
O
S
m
--q ...WrtIMe oekporm"n May. 12,2M 10:11:40
0
D
r
CD
v W
CD
W

MAY -01-2003 THU 09:14 AM DOM -DMF E. CITY FAX N0, 252 264 3723 7 P. 022/04
1 `t i� 337531+
;r ;i A XE—, RAI r u1w ", R hA l «.t Previous permit�—
q ' Date previous permit issued
y�i)3+d lJ i"ii'kx1if,,c,,i f.iC;r,,wr,latz i'1,; 3ruo L]Partiai Reissue : _ --_
h +
',.,ewwr,t c%f �ri'1ii411,I::Ilt.ind i�:;�tural EZN+ource5 - AMA
^.i t:,� C t: , •M( �'V. ,•,��r <.� �'Anir,�;,tlr,r, in an a, ca of Q.;,:'Ire, 1rir�t1%tl concern pursuant to I SA NC U i (+ {7_- l/
. , Rules attached.
Project Location: County_�ll ��dd1----
r�a�::rt, :s _ . 6 �''' __'t'�•,I f�'; � ,, ' ~�-w ��� / " .. •----. _ , •T Street Address/ State Road/ Lot #(s)_
—_-il--� &.---., ,e:- .,fi4�.�_ rite„��"7'✓—__.4�1'�I�r7lQ—yz` �J4iC�
1w Yt k ).) `f' ; :? 7:#'7'7 Fax XA (I` .?__)_x•31 _1:l 1 ; �— 5ubdivision_,_ ...�
<” City►`i�G�i1�-
r , r 13 PTA r, JE D PTS Phone # (--- -) �A-----• River Basin &qu
C' '�{, �,! C>"^, [') � 7: �? C.'• 1,•1 n ITDA E1 RIA Adj. Wtr. Body AICA pT� Q.< N(NO-Lma_n_ J nkn
yyhh �/ ) '• .-'.. _. -- / y. ! Closest Maj. Mr. BodyJA-
�.:x�,l:�"yr: }'a15 I �IS;�iJ NMA yc,; / �w% 4Y6 . C'tl SIM. yes / ffo
.,...,�.�.r-r,.�..-.. ,. ,. •..,
�4; _......,._y j✓ 1 �e a ,� . -1,.//,,J� :w.y�'c� � �,,,..-..� � ...�:,� �„� :5���U 7hi�2� - � I.f.7il�• t'� � 1Z, i f`�
6 f rc 1�r .'a ✓.�4/ !l..det7.i
_ ��.�� 'il_,.1;1 �L i '. �--;�• vrN- ._ � 7104.: 1 (scale: 1� )
•a,I�%.'iYu 140,-_��
�tr,•7,:r�;,•r(s) ....._ ... • - --.,, ,_S �!'�:r"frr't�; .�.i:^./fix I d�%rR'�5' 1. ' , i... .i 1 �••-4- 11-1{--�.. _ — - — _ _I .." .
_J ,jr...�.1.._ 1. - 1-- -{ • I . - - i
t,%,::lrrl.t,,•.( _._._... '_' ��- I.c?{" }'tll�Crl;1i �c!i�j}V�ll�
;' ✓� l i,` �� (_ C,}� *, -i' U1
11'L.
•'litr. 6:x^.. `G"ia�la; c .. .__.._ l ,.`Y � t 1i � r , r ! �,ryl/� ..J. • �'`x�I —•�-1J/1�.�i � .s �G �— 'I I %!�{' _
lAniC•,",:
!Y 3. - I-
. 1, 171
`'11
•L Flu _d74>C.P4. -GU, f �{ —
P.o,sfsr,c';.:JLx:•.t':I�T_.•.. ,._..-._... ���' _i il, � ,'I ••�•• ,;' �$•�-I Y� ol`; /cr[ ', i! _ ! 1. •._
i,:• ^h'�au(':,ea,,: • .�.._ ._ 4._. ,� .,�`y I I 'f°' 1..., ;` I-- � .1.f - - - - -j-- -I ;_._ -�
�!{^id> ar �\�r•; f . -i.1jj • i Ir?,d l .�_ I I ! _ j. ��. • _ —I - --- - — --
5%!'/: r:,t btu' s Lrti�il .� ... •.,:.,.,,,:r��....�:....-.a,,.. I I I � _ _.�.,. f
:4r.rttL••„'; l;�,rt;c�;'a C'A no i .(;.•l:a'.i�Y��'��.tclr.�'d Il'.(. 1. �• I �.../ `` — I _— { .l
i••n' ,r;;,,,,: r.)a =r noAMA
j
—' l
_ See note on back regarding River Basin rules.
bulirlrtr fur ;: I arrsY ha 1.0,11 i, -cd I.Y:--, Rs✓lr� ���,�-�fl` O!, ����',rtL�� .
1 !.r, .`i,:l t",,•ctc_'iti vii5e 7 ►i CflS Y`l", zf} V 4• '^' fj Yil►idcAR%TJ /LALtJbIl S
..,... _....... ,-- � , ..._ ..-�..��i, l}';('.M`-�;��' t'r'ti.%.,:CI'� __._.��'/L•r,tJG i4-Gt. j� .,oma ._
iyCc:.i•1ti;11'!LnCC��A•:k,�(�Orfitlt,i�
PorrnitOfflcer's5tgnaturc ��-- -' .- 2,�;cg
IsulnE etc ^ f:xpiratlon D
c�'• -�— Rover Flle Name �_._.
Local F1.wning Jurlsd1 ion

EXISTING GROU'N
PROPOSED
��ac: ��� fit'"` "� Y -___ �
� "3"• ['_:�•��w
�'�a��v _`_=='a tee_
i
�'-:�:
?T. L�:.*�..""•
..x".—•: �� x _ �'2� � :.a
f
I
I
j
— i
I
I
I�
i
EXISTING GROU'N
PROPOSED
��ac: ��� fit'"` "� Y -___ �
� "3"• ['_:�•��w
�'�a��v _`_=='a tee_
Semis a ==mar- `_ �
�'-:�:
?T. L�:.*�..""•
..x".—•: �� x _ �'2� � :.a
o e• SLK
s" it
.. v- {. F L.
-
r= --
f4
' fc L t:. [i�c `a'�` et 6 ,s7F• is a itis �t'1° iLnaa •. if
f,
�T
ZD ?'
I
i
PRO'OSM DUNE
IX15TING SANDBAGS
s•a• _k
i 14'
F i
15'-0° +/-
�I
f
i
F'47 0.C2 FCr
E nSTING PAVEMENT
�—
SHEET FGES
TO REhWN IN PLACE
NOTESL
- BAGS (FILLED) SHOULD OE 5' WADE,
10' { OR 15' ) LONG, 2' HIGH
- SANDBAGS NEXT TO SKEET PILE
WILL VARY IN SIZE
SCALE i"=1®'
ER
O
w
0

3
7i -
I 2 l �• }^� X91 �}•
� Fara,.•. R. a•,•naa�d .. -
t "�- •- -� � .S' 1`''�•r 5 c� � 'r t= � G1g.� 'Jr :_;. � ., [`ri' :s� � c� �k _'s n;r-s- �, _.
� �t s� `��t•a ` sa= i 95 t�'%� 1' �1^i �" �� F i ;= `�,_ '•�-_ _'''- �:o £i2 'K,�,I I• r �; _
1 a'. i \ � g 4 �. �^, :,i., .4 �.'e I =��- :i- _. Q=� .'I' � +�`-• 1 r'`I rx �' --- -_ jk� i x=.': z` i
t uu � L i 7 ` _ � a l" Y• ^a3 ]a �..•� yr •� Ir Cd r. � �
lY; •i ` � .0 �, ?ry 1 1 �:� ] "�}g:� '�-c,'_r�-„ti �-=r�-.�i.; 3� •: �I � i � a^I� s
------------------------------ - - - - -- `--------
.rni - - .tut. - x _ - - -
•S59 Y •si'.1 -ir-�1 � r T -{T -Y. L+C r�.CL� A% � i .0: � ti !6 1 !� �J� �T C". Li i !,^ .:K rS s -CS? -;.� —.S
[, :•`` C' ai Py
va s 4� R.�-� E. 4r Qa s� 14: R,:: e~
� Y ���' 1 �w w �f{�+ � 4< t.1i ys� �v'•= p� �< €�Q'sJ'e j-�c "�.
'>f r1 I i � +i �e� �1��s b��$��� Lir S� �� a��DSlr9Z�l'g8��t•.>q I�: 4Ti �c
n v i�2 y
1
1
h2l*IN :,I,tJylst+
t
M --
CD
0

STATE OF NORTH CAROLINA
COUNTY OF DARE
IN THE MATTER OF: )
PETITION FOR VARIANCE )
BY N.C. DEP'T OF )
TRANSPORTATION )
BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
CRC VR 2003-08
FINAL ORDER
This matter was heard on oral arguments and stipulated facts at the special meeting of the
North Carolina Coastal Resources Commission (hereinafter CRC) on April 30, 2003, by conference
call, pursuant to N.C. Gen. Stat. § 113A-120.1 and Tl 5A NCAC 7J.0700, et scq. Assistant Attorney
General David G. Fleeter appeared for the Department of Environment and Natural Resources,
Division of Coastal Management; Petitioner was represented by Fred Lamar.
Upon consideration of the record documents and the arguments of the parties, the CRC
adopts the following:
FINDINGS OF FACTS
1. The North Carolina Department of Transportation (hereinafter "Petitioner" or
"NCDOT") controls and maintains NC Highway 12, a/k/a Virginia Dare Trail, which runs the length
of the oceanfront in the Town of Kitty Hawk on the Outer Banks in Dare County.
2. Historically, there has been a chain of minor sand dunes located between the eastern
edge of Highway 12 and the beach in the Town of Kitty Hawk. Over time, beach erosion has
decreased the size and significance of these dunes to where they no longer protect segments of
Highway 12 from overwash, flooding, and deposition of sand during storm events,
3. The segment of Highway 12 most affected bybeach erosion measures approximately
Z00 'd 96H FAL 616:131 IW9W 'IVIS00 NNH39 2Z : S i (03A) £0 ;02- 'Edtl

1,300 linear feet and is located between Starfish Lane to the north and the Kitty Hawk Trailer Park
to the south. The sand dunes have eroded away in this area, and there is a Ilat beach between
Highway 12 and the Atlantic Ocean. (Hereinafter the "Project Area".)
4. Under CAMA General Permits issued in January, 2002, and Match, 2003, the
Petitioner has placed sandbags within the Project Area in order to protect the highway from erosion.
The sandbag erosion control structure as constructed was six (6) feet high with a 15 foot wide base.
Because of recent storm events during April, 2003, the protection provided by these sandbags has
been insufficient, and erosion is beginning to undermine the roadbed of Highway 12 within the
Project Area,
5, The Petitioner controls and maintains a 60 foot right-of-way for Highway 12 within
the Project Area.
61 The Project Area is within the Ocean Hazard Area of Environmental Concent as
designated by the Coastal Resources Commission. The average annual erosion rate along this segment
of Highway 12 is four (4) feet per year. The erosion scarp is within 20 feet of the highway right-of-
way. The surf comes up to the sandbags on the oceanward side of the Highway during storm
conditions, and the Mean High Water is some 25 feet or so oceanward of the sandbags.
7. Within the Project Area, all of the residences on the oceanward side of Highway 12
have been damaged or destroyed by erosion.
200 'd 301 F£L 616:131 INOW IVIS00 NNH30 N S I MDO 20 02- 'N8V

8. Within the Project Area, there are 15 residences plus a trailer park on the landward
side of Highway 12 which remain useable, and Highway 12 provides vehicular access to them.
9. On April 23, 2003, the NC Departtnent of Transportation applied to the Division of
Coastal Management for a CAMA General Permit for Emergency Work on Highway 12 as allowed
under Rule 15A NCAC 7H Section .1700. Within the Project Area, the existing sandbag erosion
control structure would remain in place, but the DOT would increase the height of the existing
stricture to eight (8) feet by installing additional sandbags on top of it. The base of the sandbag
structure would be increased to 20 feet wide. Within the Project Arca, the DOT also proposed to
install sheet piling along the roadbed immediately landward of and abutting the sandbag structure,
All of this work was proposed along the entire 1,300 linear feet of the Project Arca.
10. The Project Area falls mainly within the NCDOT right-of-way with only a small part
being on property owned by the Town of Kitty Hawk, except for four lots whose owners have agreed
to sell their lots to the Town but have not yet transferred their title.
11. NCDOT notified the Town of Kitty Hawk and attempted to notify all the adjacent
riparian landowners, regarding the proposed project. Because of the time sensitivity of this project,
personal service of the permit application was not feasible. By letter, the Town of Kitty Hawk has
authorized the NCDOT to work on Town -owned property in order to protect Highway 12 and
indicated its support for the project.
12. On April 23, 2003, the Division of Coastal Management disapproved a CAMA
600 'd S661 H./ 616:131 IM UiS00 NNHa cz : S i MR) H M- 'NdV

General Permit for the emergency work. The permit was denied because sandbags are the only
ternporary erosion control structure allowed under Rule 15A NCAC 7H .1705(a)(1) and the height
of the sandbags would exceed the six (6) foot height limitation in 1705(a)(10). In addition, the
emergency work was found to be inconsistent with Policy 17 of the 1994 Town of kitty Hawk Land
Use Plan Update which allows temporary erosion control structures to protect threatened structures
in accordance with CRC guidelines, Finally, although not specifically cited as a ground for denial,
Rule 15A N'CAC 7H .0308(a)(1)(B) prohibits hardened erosion control structures, including sheet
piling.
13. The NCDOT filed a Variance Request with the Coastal Resources Commission on
April 24, 2003.
14. By letter, the Town of kitty Hawk has agreed that any development allowed by the
CRC under a variance or modification of its rules would be allowed under Policy 17 of the Town's
Land Use plan.
15. Notice of the CRC's consideration of the NCDOT's variance request was published
in the Virginia Pilot and Daily Advance on April 25, 2003,
16. In its letter applying for a General Permit for emergencywork, the NCDOT recognized
that "these protective measures are temporary in nature and a long-term solution to the protection of
the roadway is being pursued", NCDOT is considering three alternatives to addrevva s beach erosion
on an approximately four (4) mile stretch of NC 12 from Wilkinson Street in kill Devil Hills to Byrd
900 'd 96M 9L 616:131 IWON 'IHIS00 NNH3G tZ: 9i (49M) 20 ;0£- 'add

Street in Kitty Hawk, which includes the p rojcct area: r clocation o f N C 12 w estward; placing
sandbags along that section of NC 12; and beach no»rishntcnt.
17. Under the study for the Dare County Beach and Shoreline Protection Project, the
NCDOT Project Area would be within the northern end of the Shoreline Protection Project in a
transition zone where construction has been authorized, but not funded. The feasibility study indicates
that extension of the project limits to the north will be considered if the project proceeds
18. Since the Division of Coastal Management denied the Department of Transportation's
application for an General Permit for emergency work, the Division has learned that Policy 17 of the
1994 Town of Kitty Hawk Land Use Plan Update is no longer effective. The current applicable policy
now reads as follows:
2. Areas of Environmental_Concem-(AEC)
POLICY
The Town supports the guidelines of the Coastal Area Management Act and the
associated policies of the Coastal Resources Commission but reserves the right to review and oppose
sections of the CAMA and its implementation that may be denied contrary to the Town's land use
policies and development preferences. p. 37
19. Based upon the current Policy in the Kitty Hawk Land Use Plan regarding AECs, the
Division of Coastal Management has determined that the General Permit for emergency work sought
by the Department of Transportation is not inconsistent with the Kitty Hawk Land Use Plan.
Upon consideration of the stipulated facts, record documents and the arguments of the parties,
900 'd 9661 22L 616:131 IKON �VIS00 NNHO VZ: SI (03M) 20 ;02- 'NdV

the CRC adopts the following;
CONCLUSIONS OF LAW
1. The CRC has jurisdiction over the parties and the subject matter.
2. The parties have been correctly designated and there is no question of misjoinder or
nonjoinder of parties.
3. All notices for the proceeding were adequate and proper.
4, The Commission concludes that the Petitioner has demonstrated that strict application
of Rules 15A NCAC 7H .1705(a)(1), (10) and 15A NCAC 7H .0308(a)(1)(B) to Petitioner's permit
application will result in unnecessary hardships.
5. The Commission concludes that the Petitioner has demonstrated that Petitioner's
hardship results from conditions peculiar to the project property,
6. The Commission concludes that the Petitioner has demonstrated that Petitioner's
hardship does not result from its own actions.
7. The Commission concludes that the Petitioner has demonstrated that Petitioner's
proposed development is within the spirit, purpose and intent of the Commission's rules; that it will
secure public safety and welfare; and that it will preserve substantial justice.
ORDER
THEREFORE, the petition for variance from Rules 15A NCAC 7H. 1 705(a)(1), (10) and 15A
NCAC 7H .0308 a (1(� �S GRANTED`A/ C-0 A 4 � -A'0" ' -" A f' -A e s"jiw
This the 30th day of April, 2003.
LOO 'd S6bi 2£L 616:131 WONT IVIS00 NNH30 N : S 1 (0020;02 -'ddb

a rlc-- V. -
Eugene B. Tomlinson, Jr., Chairman
Coastal Resources Commission
800'd 901 AFL 616:131 INON 'IVIS00 NNH3G tZ:Sl (03A)20 M-'Ndd

CER'T'IFICATE OF SERVICE
This is to cc ify th t I have aused the foregoing final Order to be served upon the Petitioner
by dcpositin thereof in the U.S. Postal Service with sufficient postage for delivery by first
class mail and addressed to:
Fred Lamar
Assistant Attorney General
N.C. Department of Transportation
Attorney General's Office
1505 Mail Service Center
Raleigh, NC 27699-1505
This the 3 O:L day of ' , 2003.
es P. Longest, Jr.
Special Deputy Attomey General
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]
600 'd S6bI 2L 616:131 INDW IVIS00 NNHHG bZ:SI (G3A) F0 ,02- 'iidV

FAX TO: Charles S. Jones, Assista�Il,Dircclna, 1 CNI
Dave Beater, Assislant Attorney Gcncral
FROM: T,ylln Mathis, Field Itcprescot;)'tivv' i )C`z1j
SUBJECT, NCDOT Vrjritiucc Jtequcst for Meta1 Shoot Ptl(;s Along NC 12
DA'1•l3: April 30, 2003
Aflcr reviewing the 'rawa of kitty Fla wk's Laud Us(e 1'farj willr l'lc!a1 l r John 'I'la:lyUr, it
has coalle to my attention that Policy 17 cited in my delliaal [CItcl• is alar cod Feet. 'N17i1i (hi
Sectioll is in the 1994 ,Laird Use flan L111datc, it is �I rcfcrc;t:c'(! to llrcvia.lus' p hc:ia:s, a1i-.t
cturent policies,
Attached you will find the current scc(ioij of tlae 1994 1 "Ind 1Jsc1 l'1,.1!a lJllci�li.c a i,:ii �c l i� in
support for the Coastal Area Managcinom Act and thu 41:;(1c;i�;t�r,j polick's. As Ii.ott:xt ;,!1
lyase 37, the Towns support and rescrvcs Clic To%vies 1j,,11t to rc:vi(w «altl ni,I�o�,c ti(;t litn�,
of the Coastal Arca Management Act, Mr. 'Chayc.r .m(1 I (11s1t tllc; 13aiicy is 11� 11c.l; l
and the request made by NCDOT should iaot be consiclua od ns inc(�!lr;ls(c'!,t �vltla Ilio 'l'c�ti-, I1
of Kitty Hawk's Land Use Plan based on this l�oliUy ;>l,alc;nl<_izi,
b0/ZO 'd £zl£ VE ZSZ ON XVd AM 'I AWG -W04 Wv c1:01 QIM £OOZ-O£-Mdd

..........
13AC U%QWD,
In Kitty Hawk, these areas are cov(:rt.,(j ;,!plot oxisd1rv, CANI',k Areas
of environmental concern arc discussal its in t1dis (.r
8, c., page 22.
Dredging acdvidesinAECs11avcbeery tjj(,, foo -lis
wetlands, dredging for boating access is0101WO'kl
z .
fringe. The Division of coa.st,11 Manageiiient Ims aikw� ,'-d f4l)'OL V,
channel through as much as 80 feat of colital
(PNAs) or Submerged Aquatic Vegctati(,;j ('N-AN's) mc N.)
that are the most desirable for most of rl,,c s(atu,.q iisf-i 1()
safety. In 19891 die CAMA Nrniit rCIIA060,05 did r,Ct 'RIIWAP
nor maintenance dredging except for
Std nds of SAYS. Since then
7 UIC rCgL1106 PS WNC Cht
dredging in PNAs and significar)L stw-jijs cf SAV.% for ;,q:,j
as well as existing marinas.
The waters of Ginguitc. Creek (lean Guitu-
designated a Primary Nursery Arc;{i by dj(,, NC J'Avision of MIdzl'�
Stands of Submerged AqL),ItiC VegCtad.0ji ajc f0t111<1 ofi "Y
Hawk Bay according to work fundW- throot�ji the
Study (APES),
With respect to the constmCdon-of piers and Oocks fik AFCs, CA%,jA
Private piers and docks to extend up Io- 1/3 acros
-1 C)f
the water body on each side to'rivate picts
p I -Irl doc,?�.-s
1/3 of the width of the water body to u by tjTe public. Mso,
piers and docks to extend at least 200 feet 3011,; (:Ven fluo-i"'01 tic R-ob!J1 of
existing piers and docks may be less th<qll th".."t jcf)�fll ;;s 1,101
of restrictive conveDanls).
Road improvements that occur in Public. Tnist W,,�.tk�rs
All navigable waters in Kitty Hawk aic.
10C.1s. ih-; ANIC
Department of Transportation makcs ro,%i iE.jpj,,)vC 0'1,-,,t
replacements, they have the option of PU16.0- in a rlcw or
in the water body to assure continued wjU:.r'110W a.)(.I M1111- over rr;!!VNIS.
L)
Development within 75 feet of an Shol-6.h],- CAA111A
authorization. SLnictures can be built. ijjjjjje(.ji,,jtc,jy Ljj) z,
a.
setback under the LAMA regulations, butrequirement. I-
WRT\D414,RPT - 36 ...
VO/Co 'd ELC VE Z9Z 'ON XVA AM '3 . WMOG WV C1:01 GIM COH-OC-Ndv

WLl�Y
The Town supports tie guidelines of le
the associated Policies of t(ae Coastal 1., t.•i1.4:'t�al�7"��^�-� atia:a.a;� ►
Ar -
right to review and o e ralx�°c o•; ,calat�aa;,�"�iri,a li ata .A,' ,`?. :F� :1
may be deemed contmry t �sectior�s ok' tl�e t'f� l 't or
f e rY to the w ,
Pirc er races. 'Z'c� 1Z 3rp.p�i1 E'er t, ,p; t ��, r ..{•� ,r„,.A t, r
ST�TEQ R A D�Z
The Town will be and s willre
re se
wworkshops represented at Cc•�,
t,ll �•c�,,;�a .
p PaWeipatc; izi c1i i.trcc:,5 �:'.fa�i:l��zi,tisr,�.a �►.� ti:.trr±;, r
es relevant to
issues arise. �� i'gWn s 1nt'e.rcSt's K1S
a" Freshwater SwarnpS And M irslles
In ICfy Hawk, these areas aro coverox, Ur.rcl � �. "
Corps of Engineers' regulations, yz ,_�,iEt.jr)�; CA, 'M A I.t.wp,
Some freshwater swam
One example, the "Pc
Ps and marshes arc „t
Beach Resid �Y Toler Ditch " o
Road ential (BR -3) zoning district,
apP`arc�r#1�, ,.c;,rats ,cola
from crosses Moor Shoic Road e,t, c rrtiq�vw.S ":rx,r01 1�a;;t Ar; ,• r,
m the mouth is brackls lril'#� 3 , c
h Is 110t '.ltt9' !'liPtS1• 11ay
where the sarne info'naation is lot
k1low , �'ft�;a(; ??.i't, Crti.',Cd.:'1 ; 's"
Icll1li46�X1, <�� f.., oz' ,tar•°';;��s
b. Maritime Forests
There are over 1,000 acres
Town has concluded ' of marititlle fs�xest ,leu ltkti.l in Xi3t Q
negotiatin for the Purclhasc of 451 acre s n„ Y
g another 115 acres. cnr•±�(�;'v;tii <
and ma A cons . ,• era r,t« us r
mapped. The balance of the mar cn:tir""c?rr
Protect the serlsi time: fi�j-O-S c,,tafa3i;.;,!,;,1
lve environment. t ian.To;u,o lv'lr�icc rrc,czta t;r
C' P0005inS And 404 Well W(IS
The U.S, Army Corps of Frtgulcers has
jiiriSdicti.cr Over „
Provided by Section 404 of the, P n 6 tier � �,
Engineers often allows fiIlin e�ler`cl CIc���n ;Cetd�E Act, `i'i
g of "404 Wetlands" irl e:rch2�rt�1;1.(..,t�u1-115 al'
WAT,9414.RPT
-37-
b0/b0 'd CHE VE ZSZ ON xv.
L IO 12 .Wa-WOa Wb bi3Ol GIM EOOZ-OE-add

CRC VR 2003-08
MEMORANDUM
TO: Coastal Resources Commission
FROM: David G. Heeter
Meredith Jo Alcoke
Assistant Attorneys General
DATE: April 25, 2003
RE: Variance Request by NC Department of Transportation, Dare County
Recent storms have undermined a stretch of N.C. Highway 12 adjacent to the Atlantic
Ocean in the Town of Kitty Hawk, Dare County. The DOT applied to the Division of Coastal
Management for a CAMA General Permit to do emergency repairs by installing additional
sandbags backed by sheet piling. The permit application was denied because sandbags are the
only temporary erosion control structure allowed under Rule 15A NCAC 7H .1705(a)(1) and the
height of the bags would exceed the six foot limitation in Rule 15A NCAC 7H .1705(a)(10). In
addition, the proposed development was found to be inconsistent with the 1994 Town of Kitty
Hawk Land Use Plan Update. Finally, although not specifically cited as a ground for denial of
the permit application, sheet piling is a prohibited erosion control structure under Rule 15A
NCAC 7H .0308(a)(1)(B). The DOT now seeks a variance from the Coastal Resources
Commission to allow an eight -foot high sandbag structure backed by sheet piling.
The following materials are attached:
Attachment A. Rule 15A NCAC 7H .1705(a)(1) & (10); Policy 17, 1994 Town of Kitty
Hawk Land Use Plan Update; Rule 15A NCAC 7H. 0308(a)(1)(B)
Attachment B. Stipulated Facts
Attachment C. Petitioner's and Staff's Responses to Variance Criteria
Attachment D. Petitioner's Variance Materials
Attachment E. Petitioner's Photographs
cc: Fred Lamar, NC DOJ
Donna Moffitt, DCM
Charles Jones, DCM
Ted Sampson/Lynn Matthis, DCM
Jill Hickey, DOJ

ATTACHMENT A
RULE 15A NCAC 711.1700 - GENERAL PERMIT FOR EMERGENCY WORK
RULE 15A NCAC 711.1705 - SPECIFIC CONDITIONS
(a) Temporary Erosion Control Structures in Ocean Hazard AEC
(1) Permittable temporary erosion control structures shall be limited to
sandbags placed above mean high water and parallel to shore.
(10) Sandbags used to construct temporary erosion control structures shall be
tan in color and three to five feet wide and seven to 15 feet long when
measured flat. Base width of the structure shall not exceed 20 feet, and the
height shall not exceed six feet.
1994 TOWN OF KITTY HAWK LAND USE PLAN UPDATE
POLICY 17 - The Town encourages the construction and installation of wooden
walkways and steps to the beach, elevated observation platforms, and sand fences in areas where
erosion has occurred. The Town prohibits bulkheads, jetties, groins, and similar structures along
the oceanfront except where structures are in imminent danger from the Atlantic Ocean. In that
case, temporary erosion control structures including bulkheads or similar structures made of
sandbags or comparable materials or low sandbag groins or sandbag sediment trapping structures
are allowed in accordance with CRC guidelines.
IMPLEMENTATION AS OF 1994
The Town supports the programs and guidelines of the Coastal Resources Commission
and the guidelines of the Coastal Area Management Act of 1974.
RULE 15A NCAC 7H .0308(a)(1)(B) - EROSION CONTROL STRUCTURES
(a) Ocean Shoreline Erosion Control Activities
(1) Use Standards Applicable to all Erosion Control Activities

(B) Permanent erosion control activities may cause significant adverse
impacts on the value and enjoyment of adjacent properties or
public access to and use of the ocean beach, and, therefore are
prohibited. Such structures include, but at not limited to:
bulkheads; seawalls; revetments; jetties; groins; and breakwaters.

ATTACHMENT B
STIPULATED FACTS
1. The North Carolina Department of Transportation (hereinafter "Petitioner" or
"NCDOT") controls and maintains NC Highway 12, also known as Virginia Dare Trail, which
runs the length of the oceanfront in the Town of Kitty Hawk on the Outer Banks in Dare County.
2. Historically, there has been a chain of minor sand dunes located between the
eastern edge of Highway 12 and the beach in the Town of Kitty Hawk. Over time, beach erosion
has decreased the size and significance of these dunes to where they no longer protect segments
of Highway 12 from overwash, flooding, and deposition of sand during storm events.
3. The segment of Highway 12 most affected by beach erosion measures
approximately 1,300 linear feet and is located between Starfish Lane to the north and the Kitty
Hawk Trailer Park to the south. The sand dunes have eroded away in this area, and there is a flat
beach between Highway 12 and the Atlantic Ocean (hereinafter the "Project Area").
4. Under CAMA General Permits issued in January, 2002, and March, 2003, the
Petitioner has placed sandbags within the Project Area in order to protect the highway from
erosion. The sandbag erosion control structure as constructed was six (6) feet high with a 15 -foot
wide base. Because of recent storm events during April, 2003, the protection provided by these
sandbags has been insufficient, and erosion is beginning to undermine the roadbed of Highway 12
within the Project Area.
5. The Petitioner controls and maintains a 60 -foot right-of-way for Highway 12
within the Project Area.
6. The Project Area is within the Ocean Hazard Area of Environmental Concern as
designated by the Coastal Resources Commission. The average annual erosion rate along this
segment of Highway 12 is four (4) feet per year. The erosion scarp is within 20 feet of the
highway right-of-way. The surf comes up to the sandbags on the oceanward side of the Highway
during storm conditions, and the Mean High Water is some 25 feet or so oceanward of the
sandbags.
7. Within the Project Area, all of the residences on the oceanward side of Highway 12
have been damaged or destroyed by erosion.
8. Within the Project Area, there are 15 residences plus a trailer park on the landward
side of Highway 12 that remain useable, and Highway 12 provides vehicular access to them.
9. On April 23, 2003, the NC Department of Transportation applied to the Division of
Coastal Management for a CAMA General Permit for Emergency Work on Highway 12 as
allowed under Rule 15A NCAC 7H Section .1700. Within the Project Area, the existing sandbag
erosion control structure would remain in place, but the DOT would increase the height of the

existing structure to eight (8) feet by installing additional sandbags on top of it. The base of the
sandbag structure would be increased to 20 feet wide. Within the Project Area, the DOT also
proposed to install sheet piling along the roadbed immediately landward of and abutting the
sandbag structure. All of this work was proposed along the entire 1,300 linear feet of the Project
Area.
10. The Project Area falls mainly within the NCDOT right-of-way with only a small
part falling on property owned by the Town of Kitty Hawk, except for four lots whose owners
have agreed to sell their lots to the Town but have not yet transferred their title.
11. NCDOT notified the Town of Kitty Hawk and attempted to notify all the adjacent
riparian landowners, regarding the proposed project. Because of the time sensitivity of this
project, personal service of the permit application was not feasible. By letter, the Town of Kitty
Hawk has authorized the NCDOT to work on Town -owned property in order to protect Highway
12 and indicated its support for the project.
12. On April 23, 2003, the Division of Coastal Management disapproved a CAMA
General Permit for the emergency work. The permit was denied because sandbags are the only
temporary erosion control structure allowed under Rule 15A NCAC 7H .1705(a)(1) and the height
of the sandbags would exceed the six (6) foot height limitation in .1705(a)(10). In addition, the
emergency work was found to be inconsistent with Policy 17 of the 1994 Town of Kitty Hawk
Land Use Plan Update that allows temporary erosion control structures to protect threatened
structures in accordance with CRC guidelines. Finally, although not specifically cited as a ground
for denial, Rule 15A NCAC 7H .0308(a)(1)(B) prohibits hardened erosion control structures,
including sheet piling.
13. The NCDOT filed a Variance Request with the Coastal Resources Commission on
April 24, 2003.
14. By letter, the Town of Kitty Hawk has agreed that any development allowed by the
CRC under a variance or modification of its rules would be allowed under Policy 17 of the
Town's Land Use Plan.
15. Notice of the CRC's consideration of the NCDOT's variance request was
published in the Virginia Pilot and Daily Advance on April 25, 2003.
16. In its letter applying for a General Permit for emergency work, the NCDOT
recognized that "these protective measures are temporary in nature and a long-term solution to the
protection of the roadway is being pursued." NCDOT is considering three alternatives to address
beach erosion on an approximately four (4) mile stretch of NC 12 from Wilkinson Street in Kill
Devil Hills to Byrd Street in Kitty Hawk, which includes the Project Area: relocation of NC 12
westward; placing sandbags along that section of NC 12; and beach nourishment.

17. Under the study for the Dare County Beach and Shoreline Protection Project, the
NCDOT Project Area would be within the northern end of the Shoreline Protection Project in a
transition zone where construction has been authorized, but not funded. The feasibility study
indicates that extension of the project limits to the north will be considered if the project
proceeds.
ATTACHMENT C
Summary of Petitioner and Staff Positions
(a) Will strict application of the applicable development rules, standards, or orders issued
by the Commission cause the petitioner unnecessary hardships? If so, the petitioner must
identify the hardships.
Petitioner's Position: Yes.
Strict application of 15A NCAC 7H. 1705 would limit temporary erosion control measures to
sandbags. However, sandbags were already in place along the affected portion of NC 12, and failed
to protect the road during the last storm event of April 19, 2003. If NCDOT is forced to use only
sandbags again, there is likely to be another structural failure, of larger magnitude than the current
failure, which may imminently endanger life or the structure. If NC 12 is not adequately protected,
the public will suffer an unnecessary hardship as the result of a potentially unsafe road and periodic
road closings. NCDOT thus proposes to install additional sandbags and sheet piles in order to
protect the structural integrity of NC 12.
Staff Position: Yes.
Petitioner will suffer unnecessary hardships due to strict application of the CRC's sandbag
rules. There are 15 houses and a trailer park located on the western side of the Project Area. The
owners of these properties rely on the use of Virginia Dare Trail for access to their homes. This
segment of NC Highway 12 also serves as a hurricane evacuation route for these property owners
and others in the vicinity who must reach the mainland by using this road to get to the Highway 158
bypass. This stretch of NC 12 also serves as a secondary route for traffic running north and south
between Nags Head, Kill Devil Hills and Kitty Hawk. Thus, it alleviates traffic and congestion on
the bypass and provides a main artery for beach traffic, especially during the summer tourism season.
The CRC's rules for emergency general permits for temporary erosion control structures in
the Ocean Hazard AEC do not allow the type of structure proposed by DOT. The rules limit
sandbags to six feet in height, and prohibit hardened erosion control structures such as vertical sheet
pile. Prior to this request, DOT has installed sandbag structures that comply with the CRC's specific
use standards. The most recent General Permit for a sandbag structure at this site was issued March
12, 2003. Obviously, this structure was insufficient because the road was compromised in such a
short time. In order to address the hardships described above, Staff agrees that DOT must install a
more substantial structure than that allowed by the CRC rules, or the road is likely to fail again. This
would allow DOT time to develop an alternate plan for addressing the transportation needs for this
area.

(b) Do such hardships result from conditions peculiar to the petitioner's property such as
the location, size, or topography of the property? Explain.
Petitioner's Position: Yes.
The Petitioner's property is NC Highway 12 and associated right-of-way, a primary route in
Dare County and an important highway evacuation route in the event of an impending major storm
or hurricane. Numerous residences are located along this stretch of NC 12, which runs north and
south, parallel to the Atlantic Ocean in the Town of Kitty Hawk. The structural failure of the
affected portion of NC 12 results from the location and topography of the right-of-way, which makes
this portion of NC 12 especially susceptible to erosion during storm events due to its proximity to the
ocean.
Staff Position: Yes.
The hardships result from the location and topography of the property. The shoreline
along the Project Area has an annual erosion rate of 4 feet per year based on a 50 -year average.
In recent years, the erosion rate has apparently accelerated dramatically at this particular location.
While the erosion in this area has been chronic, recent storm events have eliminated all of the
sand dunes that typically protect the road from overwash and flooding. Presently, there is
nothing between the road right-of-way and the Atlantic Ocean that would provide any protection
for the road except for the sandbag structure that has proved ineffective.
The situation has led to the Town of Kitty Hawk undertaking to purchase all of the
oceanfront lots along this stretch of beach, and most of the houses that have not been completely
lost to erosion have been condemned and removed. Clearly, the hardships result from conditions
peculiar to the properties at issue: their proximity to the ocean due to erosion, the lack of any
protective sand dunes, and the location of the roadway as a main artery for the Outer Banks.
(c) Do the hardships result from actions taken by the petitioner? Explain.
Petitioner's Position: No.
NCDOT has tried to use the approved temporary erosion control measure — sandbags restricted
to a height of six feet without sheet pile reinforcement — on this portion of NC 12, but that measure has
failed. No action of NCDOT has led to the structural failure of the road or the temporary erosion
control measures. The hardships result from the natural erosion of the shoreline on this portion of NC
12, an action beyond NCDOT's control.
Staff Position: No.
The road and many of the adjacent residences were constructed prior to the effective date of
CAMA. Thus, the Town and DOT are dealing with a situation that was created long before the CRC's
ban on hardened structures and its sandbag rules. In light of these facts, Petitioner has not specifically

contributed to the hardship in this case since the primary hardship is caused by short and long-term
erosion events, and not the unlawful or unwise siting of the road at this location. However, the erosion
at this site has been occurring for years and should be properly addressed with a feasible long-term
solution rather than a series of temporary solutions predicted to fail. In a letter to the Division of
Coastal Management dated April 23, 2003, DOT stated that it recognizes these protective measures are
temporary in nature and a long-term solution to the protection of the roadway is being pursued.
(d) Will the variance requested by the petitioner (1) be consistent with the spirit, purpose,
and intent of the rules, standards or orders issued by the Commission; (2) secure the public
safety and welfare; and (3) preserve substantial justice? Explain.
Petitioner's Position: Yes.
(1) The rules permit a damaged road to be repaired to its condition immediately before the
emergency that damaged the road. 15A NCAC 7H .1704(a)(2). However, because sandbags alone, at
a height of six feet, have failed to protect the structural integrity of the road, a different method of
temporary erosion control protection has been proposed. Protecting the structural integrity of NC 12
with temporary erosion control measures is consistent with the spirit, purpose, and intent of the rules.
NCDOT believes that the variance being sought is the minimum required to provide an effective
temporary erosion control measure that will adequately protect this portion of NC 12.
(2) The variance will secure the public safety and welfare, as it will better ensure that NC 12
remains structurally sound and an available route for Dare County traffic for everyday use, and more
importantly, for use as an evacuation route in the event of an impending major storm or hurricane.
(3) The variance will also preserve substantial justice. Because NCDOT has not contributed to
the failure of the road or the conditions that limit the effectiveness of sandbags alone in protecting NC
12, NCDOT should be allowed to repair the road and install a more effective temporary erosion control
measure. Without the variance, NC 12 will be increasingly threatened by erosion, which may result in
periodic closings and in the loss of NC 12 as an evacuation route, all of which would harm the public.
Further, installation of sheet pile instead of sandbags alone is not expected to have any adverse impact
to coastal resources.
Staff Position: Yes.
(1) The variance requested by Petitioner will be consistent with the spirit, purpose and
intent of the Commission's rules only if it is in fact a temporary measure. The Commission's ban
on hardened erosion control structures is often referred to as a "hallmark" of North Carolina's
coastal program. The CRC's rules specifically state: "Permanent erosion control structures may
cause significant adverse impacts on the value and enjoyment of adjacent properties or public
access to and use of the ocean beach, and, therefore are prohibited. Such structures include, but are
not limited to: bulkheads; seawalls; revetments; jetties; groins and breakwaters." A vertical sheet
pile wall that is 8 feet long and 1,300 feet long is a "hardened erosion control structure." Its
primary function will be to ensure that the roadbed is not undermined during storm events. If the
sandbags are damaged and water reaches the sheet pile, it will function as a seawall.

If the Commission approves the proposed structure, it should condition the variance to
ensure that the sandbags and vertical sheet pile are removed within a certain period of time. Staff
recommends that the sheet pile structure be approved for no more than three years or the time
when the Project Area receives nourishment, whichever comes first. If at the end of three years
nourishment has not been undertaken, the Petitioner should be required to remove the sheet pile
unless it can convince the Commission that a plan will be implemented that will cause the removal
of the sheet pile in a reasonable amount of time. If the variance is approved, the sandbags will be
subject to removal in accordance with current CRC rules.
Staff further recommends that in order to comply with the spirit purpose and intent of the
rules, the Commission should condition the variance to require the Petitioner to obtain written
permission from all adjacent riparian property owners prior to beginning any work on their
property.
(2) Staff agrees that the variance will secure advanced by Petitioner and discussed herein
public safety and welfare for the reasons.
(3) Staff disagrees with Petitioner's assertion that installation of the sheet pile instead of
sandbags alone is not expected to have any adverse impact to coastal resources. The CRC's rules
clearly distinguish sandbags from hardened structures such as a seawall, and the rules favor
temporary sandbags as an erosion control structure because of the adverse impacts that hardened
structures have on coastal resources. However, given the particular circumstances presented by the
road failure and DOT's commitment for this to be a temporary solution, and the public interest
mitigates the adverse impacts associated with the hardened structure and expanded sandbags.

r , +.
APR -24-2003 15:01 919 733 9329 P.02i13
ATTACHMENT D
DCM FORM 11 CAMA VARIANCE
REQUEST
PETITIONER'S NAME North_Carolina Department of Transnortation
COUNTY Dare
FILE NUMBER
(petitioner leave blank)
Pursuant to North Carolina General Statute 113A-120.1 and 15A North Carolina Administrative
Code 7J Section .0700., the petitioner in this matter applies to the Coastal Resources Commission
for a variance.
The undersigned states that (check one):
He or she has received a final decision on an Application for a CAMA
Major Development Permit; or
_ He or she has received a final decision on an Application for a CAMA
Minor Development Permit.
For this variance request to be complete, the petitioner must provide the information listed
below. The undersigned petitioner verifies that this variance request is complete and includes:
X the case name and location of the'development as identified on the permit application;
X an explanation of the reasons why the petitioner believes that the Commission should grant
a variance (petitioner must provide complete responses to the four questions presented on this form.,
and should be able to answer (a) and (b) in the affirmative, (c) in the negative, and (d) in the
affirmative;
X a copy of the permit application and denial for the development in question;
X the date of the petition, and the name, address, and phone number of the petitioner; and
X a complete description of the proposed development, including a site drawing with adequate
topographical and survey information.

APR -24-2003 15:02 NC DOJ TRANSPORTATION 919 733 9329 P.03i13
VARIANCE HEARING PROCEDURES
A variance request will be considered by the Commission at a regularly scheduled meeting. A
variance petition will be heard by tie Commission no later than the second regularly scheduled
meeting following the date that the attorney for the Division of Coastal Management and the
petitioner reach agreement on stipulated facts relevant to the four variance criteria listed below,
except when a later meeting is agreed upon by the petitioner and the Division of Coastal
Management. A complete variance petition, as described below, must be received by the Director
of the Division of Coastal Management a minimum of four weeks in advance of a regularly
scheduled Commission meeting to be eligible for consideration by the Commission at that meeting.
The stipulated facts which support the variance criteria must be agreed to at least two weeks prior
to the meeting at which the variance is scheduled. If stipulated facts are not agreed upon at least two
weeks prior to the meeting, the variance petition must be rescheduled for the next meeting of the
Commission. Therefore, a petitioner is encouraged to submit a complete variance request more than
four weeks in advance of a meeting in order to have the maximum opportunity to be heard at the next
regularly scheduled meeting of the Commission.
The procedure described above does not apply in all circumstances. In the following instances, a
petition must be heard by means of an administrative hearing: when there are controverted face that
are significant in determining the propriety of a variance; when the Commission determines that
more facts are needed due to the extraordinary nature of a petition; or when the staff determines that
agreement cannot be reached on sufficient facts on which to base a meaningful variance decision.
VARIANCE CRITERIA (If necessary, please. attach additional sheets)
The petitioner has the burden of convincing the Commission to grant a variance. The Commission
may vary or modify the permit application, and impose reasonable and appropriate conditions and
safeguards upon any variance it grants. N.C.G.S. § 113A-1?0.1
(a) Will strict application of the applicable development rules, standards, or orders
issued by the Commission cause the petitioner unnecessary hardships? If so, the
petitioner must identify the hardships.
Yes. Pursuant to 15A N.C.A.C. 7H. 1700 et al, NCDOT may perform work. necessary to
protect property and/or prevent further damage to property caused by a sudden or unexpected natural
event or structural failure wliieh imminently endangers life or structure. 15A N.C.A.C. 7H .1701.
The regulations specifically allow work needed "to re-establish necessary public facilities or
transportation corridors." 15A N.C.A.C. 7H .1704. However, the rules further state that
"[p)ermittable temporary erosion control structures shall be limited to sandbags placed above mean
high water and parallel to the shore," and that those sandbags may not exceed a height of six feet.
15A N.C.A.C. 7H .1705(a)(1), (a)(10) (emphasis added).

APR -24-2003 15:02 NC DOJ TRANSPORTATION 919 ?33 9329 P.04i13
Sandbags were already in place in the affected portion ofNC 12, but failed to protect the road
during the Iast storm event of April I9. 2003. The project proposes to reinforce the structural
integrity of the NC 12 roadbed by Inserting metal sheet piles vertically along the eastern edge of
pavement and increasing the sandbag height to eight feet. which is only two feet higher than allowed
by the rules. NCDOT has engineered the proposed project to minimize the height of the sandbag
structure so it will not extend beyond the 20 -foot base. as required by the rules. If NCDOT is forced
to use only sandbags and limit such use to a height of six feet. there is likely to be another structural
failure, of larger magnitude than the current failure, which may imminently endanger life or the
structure. If NC 12 is not adequately protected, the public will suffer an unnecessary hardship as
the result of a potentially unsafe road and periodic road closings. NCDOT thus proposes to install
additional sandbags and metal sheet piles in order to protect the structural integrity of NC 12.
(b) Do such hardships result from conditions peculiar to the petitioner's
property such as the location, size, or topography of the property? Explain.
Yes. The Petitioner's property is NC Highway 12 and associated right-of-way, a primary
route in Dare County and an important highway evacuation route in the event of an impending major
storm or hurricane. Numerous residences are located along this stretch of NC 12, which runs north
and south, parallel to the Atlantic Ocean in the Town of Kitty Hawk. The structural failure of the
affected portion of NC 12 results from the location and topography of the right-of-way, which makes
this portion of NC 12 especially susceptible to erosion during storm events due to its proximity to
the ocean.
(c) Do the hardships result from actions taken by the petitioner? Explain.
No. NCDOT has tried to use the approved temporary erosion control measure — sandbags
restricted to a height of six feet without metal sheet pile reinforcement — on this portion of NC 12,
but that measure has failed. No action of NCDOT has led to the structural failure of the road or the
temporary erosion control measures. The hardships result from the natural erosion of the shoreline
on this portion of NC 12, an action beyond NCDOT's control.
(d) Will the variance requested by the petitioner (1) be consistent with the spirit,
purpose, and intent of the rules, standards or orders issued by the Commission; (2)
secure the public safety and welfare; and (3) preserve substantial justice? Explain.
Yes. (1) The rules permit a damaged road to be repaired to its condition immediately before
the emergency that damaged the road. 15A N.C.A.C. 7H. 1704(a)(2). However, because sandbags
alone, at a height of six feet. have failed to protect the structural integrity of the road, a different

APR -24-2003 15:02 NC DOJ TRANSPORTATION 919 733 9329 P.05i13
4
method of temporary erosion control protection has been proposed. Protecting the structural
integrity of NC 12 with temporary erosion control measures is consistent with the spirit, purpose,
and intent of the rules. NCDOT believes that the variance being sought is the minimum required to
provide an effective temporary erosin control measure which will adequately protect this portion
of NC 12.
(2) The variance will secure the public safety and welfare. as it will better ensure that NC
12 remains structurally sound and an available route for Dare County traffic for everyday use, and
more importantly, for use as an evacuation route in the event of an impending major storm or
hurricane.
(3) The variance will also preserve substantial justice. Because NCDOT has not contributed
to the failure of the road or the conditions that limit the effectiveness of sandbags alone in protecting
NC 12, NCDOT should be allowed to repair the road and install a more effective temporary erosion
control measure. Without the variance, NC 12 will be increasingly threatened by erosion, which may
result in periodic closings and in the loss of NC 12 as an evacuation route, all of which would harm
the public. Further, installation of metal sheet pile instead of sandbags alone is not expected to have
any adverse impact to coastal resources.
Due to the above information and pursuant to statute, the undersigned hereby requests a
variance.
q �� / U-�
Date
Si nature
Name of Petitioner or Attorney
Address
City —"r State Zip
Te phone Number
�I 3-qS2 FL(�iHr}Q�tiOQr.� t�.�1C,v�
Fax Number and/or E-mail iddress (if available)

APR -24-2003 15:03 NC DOJ TRANSPORTATION 919 733 9329 P.07i13
CERTIFICATE OF SERVICE
1 hereby certify that this Variance Request has been served on the State agencies named
below by depositing copies of it witRi the United States Postal Service with sufficient postage for
delivery by first class mail or by personally delivering copies to the named agencies.
Original served on: Director
Division of Coastal Management
1638 Mail Service Center
Raleigh. NC 27699-1638
and a copy served on: Attorney General's Office
Environmental Division
P.O. Box 629
Raleigh, NC 27602-0629
This the day of April, 2003.
SR yam.
Signature of Petitioner or Attorney
Revised: August 2002
"]08313

PR -24-2003 15:04 NC DOJ TRANSPORTATION 919 733 9329 P.12i13
A7,A.
NCDENR
Nort-i C zardina DgC,1rtn)cM of Environment and Natural Resources
Divi. -Jon of Coastal Management
F i'.. ',Ly, �.luv_r,c° owi1a D. Nloftitf, Oiractor Willam G. Ross Jr., Secrotary
IT April 23, 2003
113.fS ipoAt1)rtVC
14. Dim;al ofaGQocralllt`roilt
I'lti:; l rt;:;' is by the Department of'1'ranspoiiation for a General
t'.,rzuit to urldw:Ao tlr) fcrllowinractivil.ics within the f)epartrncnt of?ransportation's right -or -
L) i`K, if i,r 1GrJy 1j.%v, 4:, jdjae,:at to the Atlantic Ocean.
1) Lxpa;.d tl% dinvjt19i(I:1S c!'all existing sandbags alignment from a bate width of 15'
n -,id hr�i;;l,t of u', to :, bilso width of 20' and a haiglrt of 8' (measured from the
k�ch1?11, or the fi;yt row of bags), and
?) f11 1' 100 li,rc':ar feet of inetal sheet piles inuncdiately landward of the sandbag
:.lisr,:,tatl.
,�Ib�r' rwiuwin_ I1
Proposal in conjunction wirh the ticvelopment standards required by
ll;: c,;r,; ;;lal �traz f•t;�.,,��c,n�`•nt Act. (LAMA) and the Kitty Hawk Land Use Plan, it is my
d.,';uTfl1,la.Uun tl!srt no pejmii way Lc- granted for the project being proposed. This decision is
0;1 ;r,y li,r0i11,is thm the request violatus NCGS 113A -120(x)(8) which requires that all
.1 t�!i.:;:ti ,;ty L. ;lulri�J cvhi.ar �.rc. ilrconsistent with Cn1viA guidelines orthe local Land Use flan.
'fhe Ski Ql.o.rrc b�-!n; pr•,t;as:•d i -s not consistent with Ganeral Pcrinit 15NCAC 0711-1700:
11c:rni;t for Fnlcrrj,cncy Work Regtllrirt.A a CAMA and/ or a Dredge znd Fill Permit.
!S rrii pn the fcarncl in 07�1.1705(a)(1) and 07H .1705(a)(10):
07H .1705(x)(1) "l'erjitillAble tcrnpomry erosion control struatures shall be limited to
S }pClbl S j,lilt'Kll 4bove: mean h i&lr water and parallel to the shore"
t171.1 .i /0�1,1;(l) Sandl?alts used to construct temporary erosion control structures shall
be tan in color aad three to five feet wide and seven to 15 feet long
rVllc>,l tlr:n�urc:d flat. Basi: width of the structure shall not exceed 20
f%, -,r, znli talc helght Shall riot exceed six feet.
�,)7 U,S,1 i Sauth, ClizabeCj City, Not Carolina 27909
'-2,04-39011 FAA 7.52.204-3723 119ternct http://dcrn2,enr.state.nc.us
nr ieya:°I liana, iur. i ri 1 A,:''rm5rw. ACi:9n E rnplaycr - 50% Recycled I tb°k Pass Oonsurrer PaPer

OPR-24-2003 15:04 NC DOJ TRANSPORTATION 919 733 9329 P. 13/13
In ai cfirion t(, tLc scctiar» notal n❑ tho previous pave, tl)e request is also inconsistent
i(:, tl.: 19+9-1 i',),%n K'Aiy l+tw+' North Carolina hind Use plan Update. Policy 17 of the Land
(l, ' !'1j7, fo1111ti l>,1 %�1_' 2-6 uri!+. states:
1w 'f r»all c:+lcr.ura c, 111G co,)sttuction rend installation of woodeiz walkways and steps
to tlsa Clcv t,�,l platforms, and sand fences in areas where erosion has
oi.curred, "l•hc ' owil Prohibits bulkheads, jetties, groins and similar structures along the
L)Cc.-atrr, 10IL;rc stri!etures are in imminent danger from the Atlantic Ocean. In
1!iF.it a't�a, talapt,,,Z, t'y c,CO;� oa control structures bulklicsds or similar stnictures mAde of
or matuials or low sandbag groins or sandbag sediment trapping
?Ire ltl r:t.11: ,dnrice wiry CRC guidelines."
"tl•,c ror this policy, also round on page 2-6 states:
'lut�l, supiloas 1;1" p,ograms and mquircinews of the Coastal Resources
C'mrlllivion a,ti,t iL; gujdtclincs of the Coastal Arcahialiagerunt act of 1971."
alr�utd you V ill tb thl)::'a1 this d.7ciston to the Constal Resources Commission or request
til::ri.!11C� rr�,cl chaff r<nli�, plea'>e Cotltnct n,c so l can pruvide you with the proper forms and
�lilitif L�11)rrll.ai{,1,1 yolt clay require. Appual notices must be received by the Division of Coastal
i'u willlill twe;lty (20) days from the receipt of this letter in order to bo
t;UiiYt:ljC1',4'', I MVC ntllel(�d ropier olthe necessary fonns.
Stnce[ely,
Lynn W, Mathis
C.`oastal A-Anagernem Ficld 1tepresentative
j,WIM/int
CC: Jvixi .. Assi.Mnl hirectur
lC,l IllijsJkm, 1.jiitl7Ct 11 �.'lill;Cr
TOTAL P.13

APR -24-2003 15:03
NC DOJ TRANSPORTATION
STATE of NORTR CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
April 23, 2003
Lynn Mathis
Division of. Coastal. Management
1367 U.S. 17 South
Elizabeth City, N.C. 27909
919 733 9329 P.08i13
LYNDO TIPPETT
SECR.t:TARY
Subject: Request for Emergency Pexmit for. SandBag and Sheet He Placement along NC
12 in Kitty Rawk in Dare County. The permit fee can be charged to 6.050032.
Included with this letter are the plans and location map for the placement of
sandbags and sheet pile along a portion of NC 12 in Kitty Hawk. The current condition
and state of erosion has created au immediate concern for the road stricture. Due to these
conditions NCDOT request immediate action to protect the road from washing out in the
event of a significant storm. The sheet pile will be placed within the NCDOT right-of-
way according to the provided work plat. One cow of the additional sandbags will be
placed outside of NCDOT's right-of-way on property owned by the Town of Kitty Hawk.
Included with this request is a letter stating the town is aware of NCDOT's proposal and
has no objecrions to the project, NCDOT recognizes these protective measures are
temporary in nature and a long-term solution to the protection of the roadway is being
pursued.
NCDOT appreciates your concern and help in this matter.
Sincerely,
Don Conner, P,E,
Division One Engizte
Clay Willis
Division One ]rnvirorunental Officer
113 Airport Dr., Suito 100, Edenton, NC 27932 -- Phone: [phone] Fra: [phone]

FaUMG GROUND
Moros1
EROSION
NC 12
PROTECTION
KITTY HAWK
PROPOSED TYPICAL SECTION
c
>FlasnmG &*MsACd
KOM,
ZAGS (FJUMMSHOU1!<1 BE Y WML.
lb' { G R ls`) tONG, 2' FUG"
UNDBAG9 MW TQ SHM fl LE
WILL VARY M ME
SCALE V=10'

1300' +/—
alt AMUC OCEAN
a
IS
Ila
;itb e a_ b'ull bj a' 74 • e' s d 15
a3
FA
.y rv_ sv ao !e ff z w m en so so st ss se_ _ s� n_L e[g- Lwr Ms•
�r • resat. ryc nx� _ _ _ _ _ _ j._. _ _.
` •_ N' _ _-m _ f- _60' _ N �W ` W -E0 - W 30 �b 1�L' 1LlL' - 7iR' _ _ ISY- �_� • YLY
1 ' 11D O :.I[]
❑ O ' '
It{l IM X
yy
b 1G1 S
IfRRE 1Sj � M � f4 �!
i.7G ryky�fffA11 R.6QAid
�tY16lL {�
►LKa � OIR7f000
DrMW AND
SYMBOLS
Ammulo aw IM
DWamdmm smac-
nsmi Ibm
noir m Alff naaamom
N
CS)
(A
z
C)
r)
O
ti
T7
D
z
co
O
D
O
Z

04/25/2003 15:22 FAX [phone] TOWN OF KITTY HAWK 2002
g1gie ot cJ<i�tq 134a[A)
► i INVe
25 April 2003
Mr. Clay Willis
NCDOT, Highway Division 1
113 Airport Drive, Suite 100
Edenton, North Carolina 27932
Cc: Fred Lamar, NC Attorney General's Office Fax ( X19) 733-9329
Charles Jones, NC Coastal Resource CommissioA Fax [phone]
Honorable Mayor Bill Harris and Kitty Hawk To, in Council
Norman W. Shearin, Kitty Hawk Town Attorney
In order to protect North Carolina Highway 12, Virgi is Dare Trail- the North Carolina
Department of Transportation (NCDOT) has installed sandbags on the eastern portion of
the state's right-of-way. Recent weather events have i ndermined these sandbags, causing
the need for NCDOT to propose an alternative erosioi control structure. The Town of
Kitty Hawk understands that NCDOT has proposed tl - vertical pavement of metal sheet
piles in the subsurface along the eastern edge of pave] rent of NC 12 in the area of severe
erosion. Additionally, sandbags will be added to the t xisting sandbags previously
permitted by the Division of Coastal Management.
The Town understands that the possibility exists that 1 ie proposed erosion control project
may extend beyond NCDOT right-of-way, even up to :en (10) feet onto the Town of
Kitty Hawk's property. It is further understood that th : proposed project is inconsistent
with the 1994 Town of Kitty Hawk North Carolina La id Use Plan Update, because the
project does not meet Coastal Recourse Commission ( :RC) guidelines_
The Town of Ditty Hawk supports measures necessar to protect this portion of NC 12. If
the CRC grants a variance to NCDOT for this project, ;,onsistent with CRC's guidelines,
then the Town of Kitty Hawk believes that the project will be consistent with the Kitty
Hawk Land Use Plan of 1994. Accordingly, as an autl prized agent of the Town of Kitty
Hawk, I hereby grant NCDOT permission to work on ,own -owned property and approve
of the proposed project and variance request by NCDC T to repair and protect NC 12.
If you or any permitting body have any questions, plez ;e do not hesitate to contact me at
252-261-3552.
Thank you,
4 ,
/A4 <�,r�
Adrian T. Miller
Assistant Town Manager
P.0, BOX 549 * KITTY fiAWK„ NC 27949 * (252) 2 51-3552 * FAX [phone]
f -MAIL: kftyha W kep6ri w. net * WEB SITE taw no jk.:i % wk. or+g,

Photos taken: 20 April 2003
r GL _ w � 1`
NCDOT Photo of NC 12 Looking North
NCDOT Photo of NC 12 Looking South