NCDOT 135-93 Ocean Beach

Permit Class
AMENDMENT
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit Number
135-93
Vrrmtt
L JAN 05 2000
for -
g co yr
Major Development in an Area of Environmental Come
pursuant to NCGS 113A-118
Excavation and/or filling.pursuant to NCGS 113-229
Issued to N.C. Dept. of Transportation, Div. of Highways, P.O. Box 1405, Elizabeth City, NC 27909
authorizing development in Hyde County at Ocean Beach along Hwy. 12 at Ocracoke Island
, as requested in the permittee's application dated 12/20/99 with attached letter from
the National Park Service dated 12/17/99 amending Special Use Permit No. CAHA-5700-075
This permit, issued on /)-/.23 /1' r/J , 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
he subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Dune Reconstruction/Repair
Condition No. 4 of the Minor Modification issued on 10/19/99 is amended as follows:
4) This modification is for the specific activities and life span as specified in the U.S. Department of
the Interior, National Park Service, Special Use Permit No. CAHA-5700-0;5, which was issued
on 10/11/99 and amended on 12/17/99, and which expires on 2/25/00. All work authorized by
this permit amendment shall be undertaken in such a manner as to be in compliance with the
Special Use Permit. Authorization provided by this modification shall expire on 2/25/00, at the
same time as the Special Use Pen -nit, at which time all conditions and stipulations of the original
permit, the refinement letter and the 2nd renewal/minor modification will remain in force until the
12/31/00 expiration date. Requirements under this condition may be altered in accordance with
any future amendments to the Special Use Permit. The permittee shall provide copies to DCM of
any future amendments to the Special Use Permit upon receipt of said amendments from the
This permit -action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31, 2000
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
d Donna D.Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

OCT-15-1999 FRI 10:06 AM COASTAL MANAGEMENT FAX N0, 12529480478 P. 02
NORTH CAROLINA Dr&PARTMENT OF
ENVIRONMgNT AND NATURAL RESOURCES
AIFA
DIVISION OF COASTAL MANAGEMENT
' t;•i MEMORANDIrM
s; J"KEa.HUNTJ1i.•' TO: Doug Huggett
aov�nNg11
1,
FROM: Terry Moore
DATE: 15 October 1999
n;iKQKtfMY, ,
SUBJECT: Modification of CAMA Permit No. 135-93 issued to NC Dot - Ferry
Division in Hyde County
p oo.;o q MermT' Major CAMA Permit No. 135-93 was originally issued on 15 December 1993.
;a!iaero� It has since been modified and renewed such that the current expiration date is 31
December 2000. Permit No. 135-93 was issued for dune construction/repair associated
h pr`, ;;;':; :' •r•, , with the maintenance and protection of Hwy 12. I concur with Lindsey Riddick's
A 1 I explanation of multiple hurricanes, "northeasters", etc. necessitating permit modification
1 to cover additional areas damaged by recent storms. The NC DOT is proposing to
repair/reconsnvet twenty-one (21) sections of the dune/dike ranging in length from 50'
� ' _.:' `•+'' '? ' i to 2,200', U.S. Fish and Wildlife has submitted a letter concurring with DOT's
determination `that the proposed actions are not likely to adversely affect federally listed
7, �': •„ threatened and endangered species". The National Park Service has provided another
f ('' Special Use Permit No. CAHA-5700-075 which is specific to the 21 sites DOT has
i� requested to repair and has placed a very short life span of I 1 October 1999 thru 17
December 1999.
I recommend we modify CAMA Permit No. 135-93 with a copy of the National
S . I Park Service Special Use Permit attached. It needs to be clear that this modification is
for the specific activities and life span as specified in the Special Use Permit ardall
" — activities should be carried out in compliance with the SUP.
DOT's request, as well as the National Park Service's Special Use Permit, are not
consistent with the terms and conditions of the existing CAMA permit. Specifically
1' condition no. 5 of the original permit, and conditions no. 3 and 4 on the 2nd renewal of the
• ~' permit, which were negotiated with the NPS, DOT, and DCM. However, new SUP No,
r CAHA-5700-075 deviates significantly from these conditions. The basis for the extreme
deviations is that DOT is not longer seeking to repair only those areas posing an
immediate threat to the highway (erosion within 20' of the right -of --way), instead they are
T' working far outside of the right-of-way on a dune repair/reconstruction project. Tt
appears that the NPS has deviated from their philosophy and management strategy of
allowing natural processes to transpire on the national seashore. However, at this time
I recommend we leave condition 5 of the original permit and 3 and 4 of the 2nd renewal,
,''' •{ ' I OA] WA!"INGMN SQUARE WASHINGYON ARGIONAL OFFICE
•• MALL, WASHINCTON, NC 2}D!D
•I'(, '. •'1•
•• •. .e. rM0NL152.946"*J FAY262-D75-]�1AN EQUAL OPPORTUNIY/ArrIRMAYIVKACTION EMPLOYER .5 Q
AYDOLT-CONBUMLR MRIR

OCT-15-1999 FRI 10:07 AM COASTAL MANAGEMENT FAX NO. 12529480478 P. 03
Memoradum
Permit No. 135-93
15 October 199
Page Two
as well as all other conditions, in place on the permit until further discussion/clarification with the
NPS. Therefore the requested modification should be conditioned to comply with the National Park
Service SUP No. CAHA-5700-075 issued I 1 October 1999 and expires 17 December 1999.
The DCM has not been a part of nor involved with negotiations between the NPS and DOT.
Although the plats for the 21 sites are informational, they are not to scale and monitoring would most
likely be difficult. Therefore, if the CAMA permit is conditioned to the National Park Service SUP
I will expect the Park Service to monitor DOT's compliance with the agreed upon repairs.

1
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636.3726
October 14, 1999
Mr. Don Connor, P.E.
Division Engineer, Division One
North Carolina Department of Transportation
Post Office Box 850
Edenton, North Carolina 27932
Attention: Lindsey Riddick
Dear Mr. Connor:
ADn
OCT 1 8 1999
The U.S. Fish and Wildlife Service (Service) has reviewed your October 11, 1999
correspondence (a biological assessment and determination that the proposed actions are not
likely to adversely affect federally -listed threatened and endangered species). Based on the
available information, we concur with your determination. These comments are provided in
accordance with the Endangered Species Act (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.).
The North Carolina Department of Transportation (DOT) proposes to reconstruct approximately
10,500 feet of the "protective dune" (an artificial levee or dike) adjacent to NC 12 on Ocracoke
Island, Hyde County, North Carolina. Twenty-one (21) sections of levee, ranging from 50 to
2,200 feet long, have dissipated as a result of wind and wave -induced erosion since late April,
1999, including lunar tides, subtropical storms, and two hurricanes (Dennis and Floyd). The
levee is perceived to be of value in reducing the frequency of overwash events which restrict
certain types of use on chronically threatened portions of NC 12. The proposal does not specify
the artificial dike's dimensions or wave energy absorption capacity (i.e., the design event or
probabilistic project life), however, verbal descriptions and ground markers established in
conjunction with Cape Hatteras National Seashore biologists indicate that the footprint will be
adjacent to the roadway and limited in it's beachward extent. The footprint of the artificial dike,
and the construction area, are soundside of the forebeach. Furthermore, the affected beach is
within the Cape Hatteras National Seashore, which operates according to longstanding protocols
supported by the Service under a formal Section 7 consultation. Except for brief periods
following the two hurricanes, the beach is patrolled on a daily basis by trained and qualified
National Park Service biologists or interns. The Seashore's Natural Resource Management
Specialist (Marcia Lyons) provided the information used in the biological assessment about daily
patrols, the low probability of unknown nests, nest locations, nesting dates, and assisted in the
establishment of ground markers to delineate the work area and footprint of the artificial dike.
The same authority has confirmed that no federally -listed endangered or threatened plants occur
in the project area.

1,q
The DOT has determined that the proposed activities are unlikely to adversely affect any of the
federally -listed threatened and endangered species which may be affected by the proposed action.
These include the five species of sea turtle which occur in North Carolina (loggerhead, Caretta
caretta; leatherback, Dermochelys coriacea; green, Chelonia mydas; hawksbill, Eretomochelys .
imbricata; and Kemp's ridley, Lepidochelys kempii), and the seabeach amaranth (Amaranthus
pumilus).
Based on the information you have provided, we concur with the determination that the proposed
activity is not likely to adversely affect federally -listed endangered or threatened species. We
believe that the requirements of Section 7 of the Endangered Species Act have been satisfied.
We remind you that obligations under Section 7 consultation must be reconsidered if: (1) new
information reveals impacts of this identified action that may affect listed species or critical
habitat in a manner not previously considered; (2) this action is subsequently modified in a
manner that was not considered in this review; or (3) a new species is listed or critical habitat
determined that may be affected by the identified action.
We appreciate this opportunity. Please call Kevin Moody of my staff at [phone]
extension 19 if you have any questions or comments.
Sincerely,
Y-&jy-�
John M. Hefner
Ecological Services Supervisor
cc:
NCCF, Newport, NC (Todd Miller)
DCM, Elizabeth City, NC (Frank Jennings)
DCM, Morehead City, NC (Charles Jones)
DCM, Raleigh, NC (Doug Huggett; Steve Benton)
WRC, Marshallberg, NC (Ruth Boettcher)
WRC, Trenton, NC (David Allen)
WRC, Washington, NC (WilliamWescott)
WRC, Raleigh, NC (Frank McBride)
COE, Washington, NC (Mike Bell)
FHwA, Raleigh, NC (Roy Shelton)
EPA, Wetlands Regulatory Branch, Atlanta,GA (Thomas Welborn)
NMFS, Beaufort, NC (Larry Hardy)
NPS, Manteo, NC (Steve Harrison)
FWS:R4:KMoody:KM:10/12/99:919/856-4520 extension 19:\Riddick.wpd

10/13/1999 16:11 DIVISION 1 EDENTON 4 17002473330 NO.013 D02
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
TAMES B. HUNT JR.
GOVENOR
October 12, 1999
Terry E. Moore, District Manager
N.C. Department of Environment
and Natural Resources
Division of Coastal Management
943 Washington Square Mail
Washington, N.C. 27889
Dear Mr. Moore:
OAVm MCCOY
SECRETARY
subject: Request for minor modification of CAMA Permit No. 135.93
The Department of Transportation Is proposing to proceed with repair of
storm damaged sand dunes on Ocracoke island. AS you are aware, the NCDOT
has been working towards finding solutions for providing temporary
protection for NC 12 at a number of "hot spots", including several sites on
Hatteras Island and Ocracoke Island. As recently as one month ago the NCDOT
had received the blessing of the DCM to apply for a modification to Permit No.
135.93 to Include dune restructuring at the Rodanthe "S" curves, the canal
Area, and the Old Sandbag Area. However, recent storm events necessitated
the acquisition of two emergency permits (86.99 and 87-99) to conduct work at
the locations on Hatteras Island.
The current plan for Ocracoke Island Involves 20 sections of dune repair
ranging from 50.0 feet In length to 2,200.0 feet In length. This Is an Increase of
several thousand feet over the most recent proposal that was authorized by
minor modification on January 5, 1999. The Increase Is due to several
significant storm events Including hurricanes Dennis and Floyd and a number
of northeasters. With each new storm the characteristics of the landscape
change. As you know from the permitting history, ocean overwash and
flooding of NC 12 have been a perpetual problem on Ocracoke Island for many
years, with most any storm event and some lunar tide cycles causing overwash
and flooding Of NC 12. As a result, the Initial breeches have become larger and
the proposed scope of work has Increased with each storm. Before Dennis
and Floyd, the NCDOT was prepared to submit a request to place sand bags on
Ocracoke Island to protect NC 12. Since then, the most recent storms have
Changed the landscape and the NCDOT now feels that there Is more room than
before to re-establish aune5.
P. 0. Box 830 Edenton, NC 27932 (252) a81.7977 FAX: [phone]

10/13/1999 16:11 DIVISION 1 EDENTON 4 17002473330 NO.013 D03
Terry Moore
October 11,1999
Page 2
The enclosed site drawings are submitted for your review and consideration.
The National Park Service INPS) has been Involved throughout the planning of
the proposed dune reconstruction. A copy of the Special Use Permit Issued by
the NPS for this work Is Included for reference. The U. S. Fish and Wildlife
Service has also Issued a concurrence on protected species and does not
object to this project. A copy of their concurrence Is Included for reference.
Please call me If you have any questions or concerns.
I am aware that under normal circumstances this work would require a major
modification to the existing permit (135-93). However, the Department feels
that the current situation warrants a more Immediate course of action. There
are several reasons that an emergency permit request for this project was not
made concurrently with the requests to do work on Hatteras Island. First, the
Island was not accessible immediately following hurricane Dennis. Second,
hurricane Dennis was followed by hurricane Floyd. Extraordinary amounts of
rainfall from hurricane Floyd on the heels of Dennis required us to allocate
significant resources further Inland, thereby delaying the planning and
permitting process for dune repair on Ocracoke Island. The Department feels
that it Is essential that action Is taken Immediately In order to re-establish as
much area as possible for the remainder of the tropical storm season and the
upcoming northeaster season. The NCDOT would also like to have the re-
established dunes In place In time to vegetate them before next spring.
The NCDOT Is prepared to begin work Immediately following authorization
from the Division of Coastal Management. Therefore, the NCDOT requests that
the proposed work be authorizeci under an emergency modification to
existing Major Development Permit No.135.93.
Thank you for your valuable time and cooperation.
sincerely,
D. R. Conner, P. E.��Division
yEngineer
T. Inds r ddlck, J' r., DIv sr Ion Environmental Officer
CC: R. E. Capehart, P. E., NCDOT
J. D. Jennings, P. e., NCDOT
Gretchen Byrum, P.E., NCDOT
Doug Huggett, DCM
Charles Jones, DCM
Steve Trowell, DCM

10/13/1999 16:11 DIVISION 1 EDENTON 4 17002473330 NO.013 1?04
ROY. iOMM
PROJECT. SUMMARY
Note there are 20 sections in need of repair within 5.35 miles of the Hatteras Inlet
Ferry Terminal,
Section number:
1. Mile post 1.65 to 1.68 (170'). Temporary (sand removed from roadway) dune
needs to be reshaped to typical section. Sand stockpiled on the opposite side
of road (from storm overwash) and at the dredge spoil site to be used' on
dunes as needed.
2. Mile post 1.73 to 1.99 (1400'). Temporary (sand removed from roadway)
dune needs to be reshaped to typical section. Sand stockpiled on the
opposite side of road (from storm overwash) and at the dredge spoil site to be
used on dunes as needed.
3. Mile post 2.04 to 2.46 (2220'). Temporary (sand removed from roadway)
dune needs to be reshaped to typical section. There is an existing (very
weakened) dune within this area. Reshaping can be done by utilizing the
existing dune and minimize the damage to existing vegetation, Sand
stockpiled on the opposite side of road (from storm overwash) and at the
dredge spoil site to be used on dunes as needed.
4. Mile post 2.51 to 2.56 (260'). Temporary (sand removed from roadway) dune
needs to be reshaped to typical section, There Is an existing (very
weakened) dune within this area. Reshaping can be done by utilizing the
existing dune and minimize the damage to existing vegetation. Sand
stockpiled on the opposite side of road (from storm overwasn) and at the
dredge spoil site to be used on dunes as needed.
5. Mile post 2.60 to 2.95 (1840'). Temporary (sand removed from roadway) dune
needs to be reshaped to typical section. Sand stockpiled on the opposite side
of road (from stone overwash) and at the dredge spoil site to be used on
dunes as needed.
B. Mile post 3.12 to 3.25 (690'). Temporary (sand removed from roadway) dune
needs to be reshaped to typical section. Sand stockpiled on the opposite side
of road (from storm overwash) and at the dredge spoil site to be used on
dunes as needed.
7. Mile post 3.28 to 3.30 (70'). A section of dune has been washed out. Ocean
water floods roadway, Sand stockpiled on the opposite side of road (from
storm overwash) and at the dredge spoil site to be used to rebuild dune
matching the existing (in line with) dune. Existing dune line is ± 150' from the
edge of pavement.
8. Mile post 3.31 to 3.32 (501). A section of dune has been washed out. Ocean
water floods roadway. Sand stockpiled on the opposite side of road (from
storm overwash) and at the dredge spoil site to be used to rebuild dune
matching the existing (in line with) dune, Existing dune line is ± 150' from the
edge of pavement. To minimize existing vegetation damage, we ask to use
the beach as a means to transport sand to this isolated dune. Equipment we

10/13/1999 16:11 DIVISION 1 EDENTON 4 17002473330 N0.013 905
Rey. 1Q0 M
be kept within 15' of the existing dune line. This area is not located near any
known animal nesting sites
9. Mile post 3.40 to 3.42 (120'). A section of dune has been washed out.
Ocean water and sand floods roadway. Sand stockpiled on the opposite side
of road (from storm overwash) and at the dredge spoil site to be used to
rebuild dune matching the existing (in line with) dune. Existing dune line is
±150' from the edge of pavement.
10. Mile post 3.63 to 3.64 (70'). A section of dune has been washed out. Ocean
water floods roadway. Sand stockpiled on the opposite side of road (from
storm overwash) and at the dredge spoil site to be used to rebuild dune
matching the existing (in line with) dune. Existing dune line is ± 200' from the
edge of pavement.
11.Mile post 3.71 to 3.73 (100'). A section of dune has been washed out.
Ocean water and sand floods roadway. Sand stockpiled at the dredge spoil
site to be used to rebuild dune matching the existing (in line with) dune.
Existing dune line is + 200' from the edge of pavement.
12. Mile post 3.75 to 3.76 (70'). A section of dune has been washed out. Ocean
water floods roadway. Sand stockpiled at the dredge spoil site to be used to
rebuild dune matching the existing (in line with) dune. Existing dune line is ±
200' from the edge of pavement.
13. Mile post 3.86 to 3.91 (275'). A section of dune has been washed out.
Ocean water and sand floods roadway. Sand stockpiled at the dredge spoil
site to be used to rebuild dune matching the existing (in line with) dune.
Existing dune line is + 200' from the edge of pavement. There is existing
vegetation between dune and roadway.
14. Milepost 4.00 to 4.18 (1000'). A section of dune has been washed out. Sand
stockpiled at the dredge spoil site to be used to build dune within 10' of edge.
of pavement. Dune to be 8'-6' in height and tied to the existing dune line.
15. Mile post 4.50 to 4.58 (470'). A section of dune has been washed out. Ocean
water and sand floods roadway. Sand stockpiled at the dredge spoil site and
within the right of way to be used to rebuild dune +100' from pre -storm
location of dune line. Existing dune line is + 250' from the edge of pavement.
There is existing vegetation between dune and roadway.
16.Mile post 4.80 to 4.81 (100'). A section of dune has been washed out.
Ocean water floods roadway. Sand stockpiled at the dredge spoil site to be
used to rebuild dune matching the existing (in line with) dune. Existing dune
line is + 250' from the edge of pavement.
17.Mile post 4.96 to 4.99 (175'). A section of dune has been washed out.
Ocean water floods roadway. Sand stockpiled at the dredge spoil site to be
used to rebuild dune matching the existing (in line with) dune. Existing dune
line is + 250' from the edge of pavement.
18.Mile post 6.04 to 5.07 (150'). A section of dune has been washed out.
Ocean water floods roadway. Sand stockpiled at the dredge spoil site to be
used to rebuild dune matching the existing (in line with) dune. Existing dune
line is + 300' from the edge of pavement.

10/13/1999 16:11 DIVISION 1 EDENTON 4 17002473330 NO.013 1706
Rev.taVUBs5
19. Mile post 5.15 to 5.19 (250'). A section of dune has been washed out
Ocean water and sand floods roadway. Sand stockpiled at the dredge spoil
site to be used to rebuild dune matching the existing (in line with) dune.
Existing dune line is :t 300' from the edge of pavement.
20. Mlle post 5.24 to 5.35 (500'). A section of dune has been washed out.
Ocean water and sand floods roadway, Sand stockpiled at the dredge spoil
site to be used to rebuild dune +100' from pre -storm location of dune line.
Existing dune line is ± 300' from the edge of pavement. To minimize existing
vegetation damage, we ask to use the beach as a means to transport sand to
isolated portions of this dune. Equipment we be kept within 15' of the existing
dune line. This area is not located near any known animal nesting sites.
• Existing vegetation damage will be limited to one 12' wide area at each site.

10/13/1999 16:11 DIVISION 1 EDENTON d 17002473330 NO.013 D07

2:1 3:1
NC 12 s •ts Atlantic
Ocean
10'-20(r yp•�y '
NC Department of Transportation
Division of Highways
COUNTY: Hyde
QUAD:
NT5 BASIN:
PROJECT: Proposed Sand Dune Repair
DATE: October, 1999
TYPICAL SECTION Of
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Section 96
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IMP 3.25
INC Deparlment of Transportation
Division of Highways
COUNTY: Hyde
QUAD:
BASIN:
PROJECT: Proposed Sand Dune Repair
NTS DATE: October 8, 1999
PLAN VIEW of

Atlantic Ocean
Section #7 & 48
MP 328 MP 3.30
70'
E
MP 3.31 MP 3.64
50•
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EidsOng Dune
± 6Y
Proposed Dune Repair Existing Dune
Propcsed Dune Repair
Exlsfvug Dune
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--------------
Note: To minlrri¢e damage to the existing vegetation, we
propose to transport sand from section $7 to section #8 on
the ocean aide of the. dune. Al equipment shall remain
v40dn 18 of the oft" dune. NTS

Atlantic Ocean
Section 49
MP MD
UP 342
120'
j]s Exis6rig Dime
r 65' Proposed Dma Repair
Exisbng Du -
3
6
NC Department of Transportation
Division of Highways
COUNTY: Hyde
QUAD:
BASIN:
6P i the
PROJECT: Proposed Sand Dune Repair
Hallote:
Hatless FertyTertNnal
erryTe drial
NTS
DATE: October 8, 7999
PLAN VIEW of
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Section 410
MP 3.63
MP 3.64
70,
iExisting Dune
3
+65' Proposed none Repair
Ex6a6rig Dune
i
NC Department of Transportation
Division of Highways
COUNTY: Hyde
QUAD:
BASIN:
Note: MP rnlleaga Is from the
PROJECT: Proposed Sand Dune Repair
Hatteras Ferry Temdnal NTS
DATE: October 8, 1999
PLAN VIEW of
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Atlantic Ocean
Section #11
UP 3.71 UP 3.73
100,
F_xitting Dune
s 65 Proposed fume Repair
Eaisting Dune j
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+ 200-
NC Department of Transportation
Division of Highways
COUNTY: Hyde
QUAD:
NOW: REP mileage is flan the
BASIN:
Hatteras Ferry Terminal
PROJECT: Proposed Sand Dune Repair
NTS
DATE: Oclober8, 1M
PLAN VIEW Of

Atlantic Ocean
Section 912
MP 3.75 MP 3.76
7(r
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Pxistlng Dime • 65- Proposed Dune Repair E>tmng Duren
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♦ 2ee
INC Department of Transportation
Division of Highways
COUNTY: Hyde
QUAD:
BASIN:
ns Haste
Nola: as is tram I7�e PROJECT: Proposed Sand Dune Repair
Ferry
Te Terminal NTS DATE: ODlober S. 1999
PLAN VIEW of
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Section #13
MP 3.85
MP 3.91
F
275'
Ezitfing Duna
+ 6S Pmposed Dune Repalr
Euisgng Dune
i
a 200-
NC Department of Transportation
Division of Highways
COUNTY: Hyde
QUAD:
Hate. frorminal m IliaPROJECT_
nvrry
BASIN:
Hatteras Ferry
as FBlly Terminal
Te
Pro anDune p Bp Proposed Sand DRepair
NTS
DATE: October 8, 1999
PLAN %nEW of

Atlantic Ocean
Section #14
MP 4.00
MP 4.18
1000,
3
9
E)dsjng Dunce E11i56eQ OIlr19 i
i
L___•— ___ Proposed Dune Repah
+2D0'
- 10'
NC Department of Transportation
Division of Highways
COUNTY: Hyde
QUAD:
BASIN:
PROJECT: Proposed Sand Dune Repair
Note: Dune height to be 6'-s• NTS DATE: October S, 1999
PLAN VIEW of

Atlantic Ocean
Section #15
MP 450 MP 4.58
476
i
Exisgng Dune `
F
Existing Dune j
i 1
± 65
Proposed Dune Repau
± 250'
• 150'
NC Department of Transportation
Division of Highways
COUNTY: Hyde
QUAD:
BASIN:
PROJECT: Proposed Sand Dune Repair
NTS DATE October 8, 1999
PLAN VIEW of

Atlantic Ocean
Section #16
MP 4.80
htP 5.81
F
1 Dal
�
2
( Existing Dune
± 8S Proposed Dune Repair
Existing Dune
NC Department of Transportation
Division of Highways
COUNTY: Hyde
QUAD:
Hate
BASIN:
as �7eris nfromthe
Hatless F
PROJECT: Proposed Sand Dune Repatr
NTS
DATE: October 8, 1999
PLRM VIEW or
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Atlantic Ocean
Section #17
id1P 4.98
MP 4.99
175,
i
Existing Done
+ 66' Proposed Dune Repair
Existing Dane
!
1
- ----- — - - -
—........ ..... ------_ --- - - -- i
+ 250'
NC Department of Transportation
Division of Highways
COUNTY; Hyde
QUAD:
BASIN:
flocs: mileage is the
PROJECT: Proposed Sand Dune Repair
ds
HalierasFerry Terminalnal
NTS
DATE October 8, 1999
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Atlantic Ocean
Section #18
MP 5.04
K4P SAT
i
150'
Existing Dune
a 65' Proposed Dune Repair
-
Existing Dune
i
i
r 300'
NC Department of Transportation
Division of Highways
COUNTY: Hyde
QUAD:
BASIN:
MAE: MP mileage is from the
PROJECT: Proposed Sand Dune Repair
Haltems FerryTerminal
MTt3
DATE: October 8, 1999
PLAN VIEW of
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Atlantic Ocean
Section #19
MPSAS
MP
5.19
250'
Existing Dune
a 65. Proposed Dune Repair
6tls6ng Dune
i
_............_.... ___....
i
+ 300'
NC Department of Transportation
Division of Hi§hways
COUNTY'. Hyde
QUAD:
Note: MP nileage is from the
Hatteras FerryTenninat
BASIN.
PROJECT: Proposed Sand Dune Repair
NTS
DATE: October 8, 1999
PLAN VIEW of
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MP 5.24
Atlantic Ocean
MP 5.35
MY ` so, 3
Note; To minimize damage to the eesting
vegetatoo, m Propose to tra wand on
the ocean side of this durm to fated
podions of tds dune which are In, need of
ropair. A4 equipmrdshan remain within 15'
of the existing duns.
NTS
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10/13/1999 16:11
DIVISION 1 EDENTON 4 17002473330
NO.013
928
FM 10-114,
Rev. Aug. 66
OMB No.102"026
Name of Use:Oune Renalr
Long Term
Short Term X
Mr. D. R. Connor
Division Environmental Officer
Division One
Name or Permi tee
UNITED STATES DEPARTMENT OF THE INTERIOR
National Park Service
special use Permit
Permit # CANA • 5700.075
Park Type Noo
Cape Hatteras National Seashore
NameorAma
P.O. Box 860
Edenton, NO 27932
Address
Reviewed 19
Reviewed 19
Expires 111 Dep.17
f2 21� 4827977
Phe"
is hereby authorized during the period from (Time 8:11OAM day JJjmonth Oct. 1 BUS, through (Time 12:00 MigWil
dayJ7 MonI 1998), to use the following described land or facilities in the above named area:
Areas adjacent to NC Highway 12 on Ocracoke Island as depicted an the attached sketches.
For the purpose(s) of:
Dune repaldreconatrucdon to protect pordotta of NC-12 on Ocracoke Island.
Authorizing legislation or other authority (RE- NPS-53 Appendix 1): 36 CFR:Chapter 1, part 2.5.
NEPA CompIII CATEGORICALLY FXCLUDED X FIUFONSI— EIS_ OTHER APPROVED PLANS_
PERFORMANCE BOND: Required _ �, Not Required X Amount $
LIABILITY INSURANCE: Required_NotRequired X Amount$,
ISSUANCE of this permit Is subject to the conall ons on the reverse hereof and appended pages and when appropriate
to the payment to the U.S. Dept. of the Interior, National Park Service of the sum of $ waived.
The undersigned hereby ac epts Ila it subject to the terms, covenants, obligations, and reservations, expressed or
Implied herein.
PERMITTEE
n A Sisn•lure n - - �
•°_
PERMITTEE

10/13/1999 16:11 DIVISION 1 EDENTON a 17002473330 NO.013
DominoNs OP THU PERMIT
D29
1. The permiBeasllan marrdsetlfs phiWW WNW to the BgWv sfon of the SupeAMendent, and shell comply with all applicable laws and myuldlmor of the area
2. Damagea - The pernitles shall pay the United States for any dmrage resulting from this use which would net reasonably be inherent in the use which the
permitdes is eulhortred to make of the lad described In this permit.
3. 8etefit-Nether luferdlars d, nor Orisgeres to shall be adn= to any share or pad cithle permh or dnrlve, athrrdiredly
arindre*,, any pbounlary lm21 b e113611 clef : Provided, how%W, that nothing herein contained ahall be construad to a#end to any iKarpora0ad companY,
if de permit be forthe Eerefd of such corpormm.
4. Assignment- The permit may not be transferred or assigned without the consent of the superintendent, in writing.
5. Revocation -This permit maybe to Asted upon preach d any of the ca dillortss hataln Of at the dieaedan o11he Superintendent,
6. The pand0as Is prohibited hom gift idea iriformatian: to do so will be cbrwWered a breach of conti lore and be grounds for revocation (Re; 36 CPR 2.32(4)).
7. Pmmmdtee will comply with applicable public health and saltation standards and codes.
S. The following pnrdsions ccnsMM Condition 41n accordance
with Elalculise Order No. 111218 of September 24, 1965, as
amended by Em chive Order 11376 of October 13,1957.
NONDISCRIMINATION. If use of the resmroacased by their
permilwID brvdestlmerpeymek by tho permihes of a Person or
persons, the Permutes agora as follows.
(a) The Permiltea will not dscrimina to against any employee or
applicant for employment bacm as of race, toter, religion. sett.
age, ndfa� arg'vh, Ordithabling canditun. The conniltcownl take
affirmative amtah to anstsedhat applicants are employed. and that
en"Layeas are treated during employment
regard to their
Few, roller, ra%km. so; age, or national. l origin. Such action a8ll
Include, but net be limited to, the following: aoploymem,
upgrading, demotion or transfer; recrnlilrtmrr or recruitment
advari bang' laydf or termination; raw Of pay or ether forma of
compensation; anq selection for training, including
apprenticeship. The Perrldee agrees to post In conspicuous
Pietas. M112bb to enplOy ES and applicants for employment,
nolfcas to be pnrAdad by the Superintendent adbg Path the
proAsloos ofthis nonmscriminahon clauaeL
(b) The Permibee will, In an solicbatibns or advertisements for
empi" placed by or on behalf of the PdmniltaB, state that all
quMItiea apphcerds will have consideration for employment
w•drou rtgad to race, cola, religion, a K age, or national origin.
(c) The Perri toovAll sad to each labor union or repmeerdative
of worars with which he has a wlleaave bwSoining agreement
or odha oentradbr urdestanddrg, a nodes, to be provided by the
Superintendent, advising the labor unbrt or workers'
reptesanoveddhe Permll aces commitments under Sec t =
of 6®cudve order 11240 d September 24, IW5, as amended,
and shall post copies of the notice In eonaptcuous ptaom
amft* to employee. mid Wrmnla for a glloyrronL
(d) The Parntlae will comply with all PWBlaha Of Executive
OtdaFNo. /12As of Septe rW 24,1885, as emended, and d the
rules, regulations, ad releved Orders of the Sammy Of Later.
(a) The Pemueaw# furnish all information and reports required
by Ems ve Order Nni 11M of Sephlrba 24, INS, as
ernlerd9d, end M W noire, regulalia e, and relevmh Orden d inns
Seerebtry Of Lal or pursuant tMensto, and will Permit access 10
hb Mode, recede, and adcdunte by the s up dmande rt and the
Secretary of Lab& for purposes of mvesdgadon to asgrlBin
compliance with such rules, ragulAlons and Orden.
(I In the event of the Permiltee'e noncompliance with the
nandt crt ringlon clauses d this permft orwllth any dsuc" rules,
regulations, or Orders, this permit may be canceled, to"nated,
or suspended in whole or In part and the Pambl® may tie
dewed Ineligible Per further Government contracts or permits in
accordance ovum procedures authartwd In Eke UM Order No.
11246 of September 24. INS. as smereded, and ouch other
sanctions may tea imposed and remedies Invouetl as Mmitled in
F=culivaOnkrNm 11246 of September 24, INS, as amended,
or by rule, regulation, or order of the Secretary d Labe, or as
aherwfse provided by low.
(9) The POM ltteawill InolUda the PTCYWcna Of Paragraphs (1)
through (7) In every subcontract or purchase order unless
ammpted by rules, ragulatlom, r odes OF the Secretary of
Labor Issuod pursuant to Section 204 d Executive Ord& No.
11248 Of Septenbar 24, 1g85, as amended, so that such
provisions will be binding upon each auboontrad Or purchase
order as the Superintendent may direct as a mews of errrwrig
such provisions, Including sanctions for nanbbnnpliarrces;
Provided, however, that in the event the Pemdltee becomes
trnvbived ln, orb threatened with, liheellon with a subcontractor or
vendor as a result of such direction of the Superintendent the
Pennhtee trey request the United Stem to enter into such
Ihigstion to protect the Interests of the Wiled States.
Append Special Polk Condit =

10/13/1999 16:11 DIVISION 1 EDENTON 4 17002473330 NO.013 930
ADDENDUM Special Use Permit #CAHA-5700-075
Cape Hatteras National Seashore page 3
9. The permittee and all participants authorized herein must comply with all conditions of
this penrdt including all exhibits, amendments and/or written directions of the Park
Superintendent.
10. This permit is applicable only for the use of the area(s) indicated under the terms detailed
on Special Use Permit (Form 10-114) and the additional provisions listed below.
11. Concessions Management Specialist Warren Wrenn is the Service's representative prior to
the event and can be reached at (252) 473-211 l ext 149, Ocracoke District hanger Dann
Trexler at [phone] or his designee will serve as the Service's representative during
the event. The permittee must immediately notify Ranger Trezler in the event of any
accidents or emergencies.
12, The permittee shall repair/reconstruct the dune line parallel to North Carolina HIghway 12
within boundaries as depicted on the attached maps, with clean sand transported from the
Ocracoke site specified in the attached proposal.
13. The permittee will exercise particular care to avoid disturbing wildlife and/or vegetation.
Any and all known turtle nests will be avoided completely during this work. The nests are
marked and enclosed. No sand will be moved or placed within the marked nest site. No
equipment or vehicles will be operated within the marked nest sites.
14. Equipment utilized during the project shall be strategically placed and operated as to avoid
damage to existing dune lines and associated vegetation. Equipment will not be permitted
to operate from or on the ocean beach. The permittee is responsible for any and all
damage which is caused by the operation of all equipment and vehicles used during this.
project regardless of equipment ownership or operator.
15. Vegetation may be re-established on the repaired /reconstructed dune utilizing American
beach grass and/or sea oats in a manner and quantity approved by the Service upon
completion of the repair/reconstruction project.
16. if deemed necessary, sand fence may be installed following guidelines approved by the
Superintendent.
17. The permittee must properly dispose of all refum generated by the permitted activity.
Upon expiration or termination of this permit, the permittee shall remove all signs of
activity associated with the permitted activity and will restore the site as nearly as possible
to its natural state, under the direction of the Superintendent or his designee.
18. This Special Use Permit is being issued subject to the permittee obtaining all required
permits from local, state, and federal agencies. Copies of poratits must be sent to the

. 10/13/1999 16.11 DIVISION 1 EDENTON 4 17002473330 NO.013 D31
Superintendcnt. A permit from CAMA may be required with reference to their
moratorium in offect during sea turtle nesting season.
19. The perminee, its successors and assigns, agree to protect, indemnity, defend, and hold
harmless the United States of America from any and all loss, damage liability, claims,
demands, or suits of any nature whatsoever asserted by employees of the permittee or by
third persons for property damage or loss, personal 4ury or death, drising out 4 in
connection with, incidental to activities conducted under the permit. This indemnity shall
include, without limitation, cost, expenses, and attorney's fees occasioned by said loss,
damage liability, claims, demands or suits, as well as the full amount of any judgement
rendered or compromise settlement made plus court costs and interest. This indemnity
shall inure to the benefits of agents, officers, and employees of the United States of
America.
20. This permit may be revoked at any time at the discretion of the Superintendent without
compensation to the permittee or liability to the United States.
21. This permit shall expire at -midnight on December 17, 1999.
c;lsup.99\2dot99.add

NORTH CAROLINA D PARTMENT OF
ENVIRONMENT AND NATUI L RESOURCES
DIVISION OF COASTAL MANAGEMENT
28 September 1999
Mr. Lindsey Riddick, Division Environmental Officer
North Carolina Department of Transportation
Planning and Environmental Branch -Division I
Post Office Box 850
Edenton, North Carolina 27932
Dear Mr. Riddick:
SEP 3 0 1999
COASTAL MANAGEMENT
This letter is in reference to our phone conversations today and yesterday. I have
reviewed the proposal that you faxed to the Washington Office today reference to
modification of CAMA Major Permit number 135-93 issued for dune reconstruction
along Highway 12 on Ocracoke Island, in Hyde County North Carolina. The new
proposal would require a major modification of the aforementioned permit. Please review
the conditions found on the original permit and subsequent modifications. All dune
breaches greater than 100' in length were to be reconstructed within the existing right-of-
way with the exception of the ends which were to be turned to connect to the
existing/remaining dune line. The new proposal has all repair work in line with the existing
dune with a significant amount of the work outside of the highway right-of-way. Also be
aware that a survey for seabeach amaranth (Amaranthus gumilus) must be conducted
before any work is to began. Due to the recent hurricanes it may be possible to work
within the sea turtle nesting moratorium. We will need documentation from the United
States Fish and Wildlife Service allowing work within the moratorium in that area. In
order to expedite the process I suggest that the new proposal be modified to conform to
the existing conditions of CAMA Major Permit number 135-93 giving us the option of
authorizing this work, as we have done in the past for new areas requiring repair, with a
minor modification of the existing permit.
Thank you for your time and correspondence in these matters and if you have any
questions, please call me at [phone] ext. 275.
Sincerely,
eve Trowell
Field Representative
cc: k dharles Jones - Assitant Director DCM
Terry Moore - District Manager, Washington Regional Office, DCM
Raleigh Bland - COE
WASMI NGTON REGIONAL OFFICE
943 WASHINGTON SQUARE MALL, WASHINGTON, NC 27699
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50%RECYCLED/10 PO$Y.CONSUMER PAPER

Permit Class
MODIFICATION/MINOR
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
hermit
X for
_ Major Development in an Area of Environmental
pursuant to NCGS 113A-118
Permit Number
135-93
OCT 2 2.1999
Excavation and/or filling pursuant to NCGS 113-229
Issued to N.C. Dept. of Transportation, Div. of Highways, P.O. Box 1405, Elizabeth City, NC 27909
authorizing development in
Hyde
County at
Ocean Beach along Hwy. 12 at Ocracoke Island
as requested in the permittee's application dated letter dated 10/12/99 including
attachments described in Condition No. 1, below.
This permit, issued on ! ox J 9 / q y , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
Dune Reconstruction/RWair
1) This project will be carried out in close adherence to the following documents attached to the
permittee's application: project summary and work plan drawings (20) dated October 1999;
National Park Service Special Use Permit #CAHA-5700-075 issued on 10/11/99, or any
subsequent amendments to this Special Use Permit; and USFWS letter of concurrence dated
10/14/99.
2) This minor modification authorizes dune reconstruction and repair of previously authorized areas
by utilizing sand stockpiled within the right-of-way of NC 12 on the opposite side of the road
(from storm overwash) and within the right-of-way at the nearby dredge spoil site to
reconstruct/repair 20 sections of dune ranging from 50 feet in length to 2,200 in length within
5.35 miles of the Hatteras Inlet Ferry Terminal, all as depicted in the attached workplan
drawings. (See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
inifiation 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 Departmental approval.
All work rust din er
a w
ec m �elrt rmit expires on
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Don .Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pemittee

e'With my'aifi6ndnients to
ro-i amendments to; thi
Ilationaf Park Service::;;':
.0
0.
;,el t
1
NOTE
Inaccordance :with National Park Service Special
-,'L-Cofiditio'h'No-..l4 DOT is not permitted t6opeiate, eijuipment from o'r'
on tfie ocean
beachHowever; DOT'S project summary indicates that DOT _ Would like perinissio'n'tio,
.
use . the beach as a'nieans to d'-'a' teS' 0 .transportsan ction.N&M2 toininimi�e-
age to
existing vegetation: DOT shall notify. DCM prior to operating equipment from or on the
Seito use the
ocean beach if subsequent',approvaI is obtained from the Natimie'd Park Service bea"ch aa means to transport sand in orde
r to imminize dambge o existing� t -vegetation:,-
j
7
... ....
.11 N­'

Permit Class
Permit Number
2ND RENEWAL STATE OF NORTH CAROLINA
MODIFICATION MINOF)epartment of Environment and Natural Resources
and
Coastal Resources Commission
hermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
e 135-93
ln/
Issued to NC Dept. of Transportation, Div. of Highways, P. O. Box 1405, Elizabeth City, NC 27909
authorizing development in Hyde County at Ocean beach along Hwy. 12 at Ocracoke
, as requested in the permittee's application dated letter dated 11 /3/98 including
attached revised work plan drawings, sheets 1-7 of 7 dated 9/14/98.
This permit, issued on \ -- S" — Qq , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) This permit renewal must be attached to the original of permit No. 135-93 issued on 12/15/93, the
refinement letter of 11/15/96 and both documents must be readily available on site when a Division
representative inspects the project for compliance.
2) All conditions and stipulations of the original permit and the refinement letter remain in force under
this renewal and modification unless altered herein.
3) Dune breaches greater than 100 feet are to reconstructed/repaired within NC Dot's 75 foot right-of-
way with the exception being that the ends may be turned to connect to the existing/remaining dune
line.
4) Reconstruction of dune breaks less than 100 feet will occur in line with the existing dune.
This permitaction may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31, 2000
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Donna D.Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
NCDENR MEMORANDUM
NOV 13 1998
TO: John Parker
DAMES B. HUNTER. THROUGH: Terry Moordi�
GOVERNOR FROM: Steve Trowell-55'Ir
DATE: 10 November 1998
SUBJECT: Renewal and Modification of CAMA Permit No. 135-93
WAYNE MCDEVITT The North Carolina Department of Transportation (NC DOT) has requested to
SECRETARY modify and renew CAMA Permit No. 135-93 due to storm damage from Hurricane
Bonnie. The permit was originally issued in December 1993 for dune reconstruction in
an effort to close breaches for the protection of Hwy. 12 on the north end of Ocracoke
DONNA D. MOFFITT Island within the Cape Hatteras National Seashore. The permit was modified in
DIRECTOR November 1996 to include two (2) additional sites and subsequently renewed in
December 1996. NC DOT is requesting to repair ten (10) sites ranging in size from 55
to 4,005 feet (see attached). I have no objection and consider their proposal to be a
legitimate request. Therefore I recommend the aforementioned permit be modified and
renewed with the following additional conditions:
1. Dune breaches greater than 100 feet are to be reconstructed/repaired
within NC DOT's 75 foot right away with the exception being that the
ends may be turned to connect to the existing/remaining dune line.
2. Reconstruction of dune breaks less than 100 feet will occur in line with
the existing dune.
The $100 check to cover the cost of the permit modification and renewal has been
deposited into the Department account.
ATTACHMENTS
cc: ✓Charles Jones-DCM
Raleigh Bland-COE
WASHINGTON REGIONAL OFFICE
943 WASHINGTON SQUARE MALL, WASHINGTON, NC 27889
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10Yo' POST -CONSUMER PAPER

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. E. NORRIS TOLSON
GOVERNOR
November 3, 1998
Terry E. Moore, District Manager
N.C. Department of Environment
and Natural Resources
Division of Coastal Management
943 Washington Square Mail
Washington, North Carolina 27889
Dear Mr. Moore:
.SECRETARY
SUBJECT: Proposed Minor Modification to CAMA Major Development
Permit No. 135-93 for the Repair and Renovation of Storm -
Damaged Sand Dunes on Ocracoke Island, Hyde County
Thank you for your timely response to the Department's October 21, 1998
request for a "Refinement" of the subject permit. I have enclosed a check
in the amount of $50.00 to cover the cost of processing the Minor
Modification and renewal of the permit, which will expire December 31,
1998.
The location of each section of dune to be repaired is provided on the site
drawings and is expressed as "x.xx miles to ferry dock". This distance
measurement is based upon a 0.00 start point located in the road at/near
the Ferry Operations Building. The "0.00" is actually painted on the asphalt.
The distances were actually measured using a distance meter mounted on a
vehicle. Measurements are accurate to within +/- 5 feet, as opposed to the
use of a standard vehicular odometer which has a much larger margin of
error.
Please call me if I can provide any additional information.
Sincer, y,
M?Ranlall Turner, D /Nnvironmental Officer
Planning & Environmental Branch -Division one
Enclosure
CC: D. R. Conner, P.E. NOV 13 1998
P.O. Box 850, Edenton, NC 27932 [phone] Fax: [phone]

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Permit Class Permit Number
RENEWAL 135-93
STATE OF NORTH CAROLINA
Department of Environment, Health & Natural Resources
�,--
and i �
Coastal Resources Commission
VrrMt't DEC 1 8 wa
nT­ie,j
for i-MN--Y-- 86400M
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to NC Dept Of Transportation Div. of Highways P. O. Box 1405, Elizabeth City, NC 27909
authorizing development in Hyde County at Ocean beach along Hwy. 12 at Ocracoke
as requested in the pennittee's application dated letter dated 12/2/96.
This permit, issued on \ W2.1 —\O— silo , 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 terns may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) This permit renewal must be attached to the original of permit No. 135-93 issued on 12/15/93, the
Refinement letter of 11/25/96 and both documents must be readily available on site when a Division
representative inspects the project for compliance.
2) All conditions and stipulations of the original permit and the refinement letter remain in force under
this renewal.
This permit action may be appealed by the pemtittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31, 1998
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
Roger K Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

106001LGTWW1 u III I I •�
IJ�
TO: John Parker
FROM: Terry Moore 1PI
DATE: 5 December 1996 1 I�
SUBJECT: Renewal of Major CAMA Permit No. 135-93 Issued to the North Carolina
Department of Transportation for Hwy. 12 on Ocracoke Island
All work initially authorized by this permit has been completed as permitted. The project
was dune reconstruction for protection of Hwy. 12 near the north end of Ocracoke Island within
the Cape Hatteras National Seashore. I recently issued a letter of refinement authorizing
additional dune reconstruction for highway protection along two (2) nearby sites (see attached).
Consequently, DOT is now requesting recently refined permit no 135-93 be renewed. I have no
objection and consider their proposal to be a legitimate request. Therefore I recommend the
aforementioned permit be renewed with the addition of a condition requiring all work authorized
by this prmit be undertaken in such a manner as to be in compliance with U.S. Department of
Interior, National Park Service, SPECIAL USE PERMIT #CAHA-5700-704 signed on 5
November 1996.
If you have any question please give me a call.
_.K�Preston Pate

JAMES B. HUNT JP -
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
GARLAND B. GARRETT JR
SECREr'ARY
DIVISION OF HIGHWAYS
113 Airport Drive
Suite 100
P.O. Box 850
Edenton, NC 27932
Phone: [phone]
Fax: [phone]
December 2, 1996
Mr. Terry E. Moore, District Manager
N.C. Department of Environment, Health
and Natural Resources
Division of Coastal Management
Washington Regional Office
1424 Carolina Avenue
Washington, NC 27889
Dear Mr. Moore:
Your November 25, 1996 Letter of Refinement, which modifies CAMA Major
Permit No. 135-93 has been received. Your prompt attention to the Department's
request is greatly appreciated.
In view of the impending expiration date of the subject CAMA permit (December
31, 1996), it will be necessary to request reissuance of the permit. I am informed by
-- the District Engineer that, due in part to the delay in getting an approved Special Use
Permit from the Park Service; it will not be possible }o execute a contract and bring the
proposed work to a satisfactory completion by December 31.
Enclosed you will find a check for $50.00 to cover the cost of reissuing the
subject permit. Again, I want to thank you for your cooperation. I regret that I did not
anticipate the time constraints when the refinement was requested.
Please call me if you need additional information.
n4k?�V6Sincerely,
rlx�
M. Randall Turner. Division Environmental Officer
Plannino & Environmentai crancn-L)rvision 5
Enclosure
cc: Jerry D. Jennings, P.E., District Engineer
A. W. Roper, P.E., Division Maintenance Engineer
A

State of North Carolina
Department of Environment,
Health and Natural Resources
Dlvislon,of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
25 November 1996
Mr. M. Randall Turner
NC Department of Transportation Division Office
Post Office Box 850
Edenton, North Carolina 27932
Dear Mr. Turner:
A&4
IDFEE HNF 1
;3 Pt ,
DEC 0 2
This Letter of Refinement is in reference to NC Department of Transportation (NCDOT) 19 November
1996 request to modify Major CAMA Permit Number 135-93 issued on 15 December 1993. Permit Number 135-
93 was issued authorizing the reconstruction of approximately 850 feet of primary dunes, located 2.6 miles and 3.0
miles from the Hatteras -Ocracoke Ferry, by pushing up excess sand between NC 12 and dunes and using any
overblown sand from across the road. The permitted project is located adjacent NC 12 on National Park Service
(NPS) property known as Cape Hatteras National Seashore on Ocracoke Island in Hyde County, North Carolina.
NCDOT's request to modify the aforementioned permit to reconstruct two dunes located 3.0 miles and 3.2
miles from the Ferry due to ocean overwash, is hereby authorized. This letter also authorizes the addition of the
site 3.2 miles from the ferry and the reconstruction of the dunes outside of the permitted alignment in order to
comply with the Special Use Permit CAHA-5700-704 issued to NCDOT by the NPS on 5 November 1996. The
proposed dune reconstruction must be in the alignment shown on the work plats labeled Section # 1 and Section #2
dated September 1996. All other permit conditions including the 31 December 1996 expiration date still apply and
remain unchanged. Your updated plats will become apart of your permit file and construction should be carried
out as depicted.
Thank you for your time and cooperation in this matter. If you have any questions, please don't hesitate
to contact me or Jeff Schaffer in the Washington Regional Office at [phone].
Sincerely,
Terry E. Moore
District Manager
Washington Regional Office
TEM/jrs
cc: iPreston Pate - Assistant Director, DCM
John Parker - Major Permits Chief, DCM
Jeff Schaffer - Field Representative - Washington Regional Office, DCM
Raleigh Bland - U.S. Army Corps of Engineers, Washington Field Office
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/1 0% post -consumer paper

JAMES B. HUNT JR.
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
DMSION OF HIGHWAYS
P.O. Box 1405
Elizabeth City, NO 27906-1405
Phone: [phone]
Fax: [phone]
November 19, 1996
Mr. Terry Moore, District Manager
N.C. Department of Environment, Health
and Natural Resources
Division of Coastal Management
Washington District Office
1424 Carolina Avenue
Washington, NC 27889
Dear Mr. Moore:
GARLAND B. GARRETT JR.
SECRETARY
SUBJECT. Request for Refinement to CAMA MDP No. 135-93; Hyde County
This letter requests authorization from the Division of Coastal Management to
conduct dune reconstruction/repair at two discreet locations adjacent to NC 12 on
Ocracoke Island. The Department's September 27 and October 1, 1996 letters to your
office described the work proposed. As you will recall, the specifics of this work are
essentially being dictated by the Park Service. Following receipt of your authorization,
the Department plans to accomplish the work through execution of a purchase order
contract.
I am enclosing a copy of the Special Use Permit recently issued to the
Department by the Park Service, a letter from the Park Service to the Department,
responding to our October 8 letter, and site drawings which depict the proposed work.
Thank you for your time and consideration. Please call me if you have other
questions or concerns.
SS"incerel
v VJ'
M. Randall Turner, Division Environmental Officer
Planning & Environmental Branch -Division 1
Enclosures
cc: Jerry D. Jennings, P.E., District Engineer
� r�

Form 10-114
Rev. Aug. 86
OMB No. 1024-0026
UNITED STATES DEPARTMENT OF THE INTERIOR
National Park Service
Special Use Permit
Mr. M. Randall Turner
Name of Use: NC Department of Transportation Date Permit Reviewed 1996 08/Nov
Reviewed 19
Reviewed 19
EXPIRES 1997 04/NOV
Long Term Permit # CAHA - 5700 - 704
Region Park Type No #
Short Term X
Cape Hatteras National Seashore
Name of Area
Mr. M. Randall Turner
NC Department of Transportation P. O. Box 1405, Elizabeth City, NC 27906-1405 919-331-4737
Name or Permittee Address Phone
is hereby authorized during the period from (Time day 05 Month NOV 1996, through (rme time
day 04 Month NOV month 1997, to use the following described land or facil'Ities in the above named area:
Two areas on the ocean side of NC Highway 12 on the northern end of Ocracoke Island as shown on attached
sketches.
For the purpose(s) of: Constructing offset dune barriers on the east side of NC Highway 12 at two discreet locations
as shown on attached sketches section #1 and section #2.
Authorizing legislation or other authority (RE- NPS-53 Appendix 1): 36 CFR; Chapter 1, part 2.1
NEPA Compliance: CATEGORICALLY EXCLUDED XX EA/FONSI_ EIS_ OTHER APPROVED PLANS_
PERFORMANCE BOND: Required Not Require x Amount $ bond t
LIABILITY INSURANCE: Required Not Required x Amount $
ISSUANCE of this permit is subject to the conditions on the reverse hereof and appended pages and when appropriate
to the payment to the U.S. Dept. of the Interior, National Park Service of the sum of $ -0- amount.
The undersigned hereby accepts this permit subject to the terms, covenants, obligations, and reservations, expressed or
implied herein. ^ 1--)
PERMITTEE
Authorizing Official �"�
Signature
Additional Authorizing Official
Signature
Superintendent
ritle Date
11/05/96
Date
(If Required)
PERMITTEE

CONDITIONS OF THIS PERMIT
1. The permittee shall exercise this privilege subject to the supervision of the Superintendent, and shall comply with all applicable laws and regulations of the
area.
2. Damages - The permittee shall pay the United States for any damage resulting from this use which would not reasonably be inherent in the use which the
permittee is authorized to make of the land described in this permit.
3. Benefit - Neither Members of, nor Delegates to Congress, or Resident Commissioners shall be admitted to any share or part of this permit or derive, either
directly or indirectly, any pecuniary benefits to arise therefrom: Provided, however, that nothing herein contained shall be construed to extend to any
incorporated company, if the permit be for the benefit of such corporation.
4. Assignment - This permit may not be transferred or assigned without the consent of the Superintendent, in writing.
5. Revocation - This permit may be terminated upon breach of any of the conditions herein or at the discretion of the Superintendent.
6. The permittee is prohibited from giving false information; to do so will be considered a breach of conditions and be grounds for revocation [Re: 36 CFR
2.32(4)].
7. Permittee will comply with applicable public health and sanitation standards and codes.
B. The following provisions constitute Condition 41n
accordance with Executive Order No. 11246 of September 24,
1965, as amended by Executive Order 11375 of October 13,
1967.
NONDISCRIMINATION. If use of the resource covered by
their permit will involve the employment by the Permittee of a
person or persons, the Permittee agrees as follows.
(a) The Permittee will not discriminate against any employee or
applicant for employment because of race, color, religion, sex,
age, national origin, or disabling condition. The permittee will
take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without
regard to their race, color, religion, sex, age, or national origin.
Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forts of compensation; and selection for training,
including apprenticeship. The Permittee agrees to post in
conspicuous places, available to employees and applicants for
employment, notices to be provided by the Superintendent
setting forth the provisions of this nondiscrimination clause.
(b) The Permittee will, In all solicitations or advertisements for
employees placed by or on behalf of the Permittee, state that all
qualified applicants will have consideration for employment
without regard to race, color, religion, sex, age, or national
origin.
© The Permittee will send to each labor union or representative
of workers with which he has a collective bargaining agreement
or other contract or understanding, a notice, to be provided by
the Superintendent, advising the labor union or workers'
representative of the Permittee's commitments under Section
202 of Executive Order 11246 of September 24, tg65, as
amended, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(d) The Permittee will comply with all provisions of Executive
Order No. 11246 of September 24, 1965, as amended, and of
the rules, regulations, and relevant orders of the Secretary of
Labor.
(a) The Permittee will furnish all information and reports
required by Executive Order No. 11246 of September 24, 1965,
as amended, and by the rules, regulations, and relevant orders
of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the
Superintendent and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules,
regulations and orders.
(f) In the event of the Permittees noncompliance with the
nondiscrimination clauses of this permit or with any of such
rules, regulations, or orders, this permit may be canceled,
terminated, or suspended in whole or in part and the Permittee
may be declared ineligible for further Government contracts or
permits in accordance with procedures authorized in Executive
Order No. 11246 of September 24, 1965. as amended, and
such other sanctions may be imposed and remedies invoked
as provided in Executive Order No. 11246 of September 24,
1965, as amended, or by rule, regulation, or order of the
Secretary of Labor, or as otherMse provided by law.
(g) The Permittee will include the provisions of Paragraphs (1)
through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order No.
11246 of September 24, 1955, as amended, so that such
provisions will be binding upon eacif subcontract or purchase
order as the Superintendent may direct as a means of
enforcing such provisions, including sanctions for
noncompliance; Provided, however, that in the event the
Permittee becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of such direction of
the Superintendent, the Permittee may request the United
States to enter into such litigation to protect the interests of the
United States.
Append Special Park Conditions

ADDENDUM Special Use Permit #CAHA-5700-704
Cape Hatteras National Seashore page 3
9. Prior to beginning project, notify District Ranger Dann Trexler of the exact date (919)
928-5111.
10. Permittee shall construct dike/dune parallel to North Carolina Highway 12 within North
Carolina Department of Transportation right-of-way with sand from within the right-of-
way, sand removed from the highway, and/or clean sand from an off -site (NON-NPS)
source.
11. Permittee authorized to construct dike/dune to connect the right-of-way section with the
existing beach, adjacent dike/dune shall be formed with clean sand from an off -site
location (NON NPS) source.
12. Newly constructed dike/dune may be stabilized with Soartina patens, American beach
grass, sea oats, or pennywort.
13. All construction shall be accomplished between November 5, 1996 and November 4,
1997.
14. Equipment shall be strategically placed to avoid sensitive vegetation.
15. Upon expiration or termination of this permit, permittee shall remove all signs of activity
associated with this permit and restore the site as nearly as possible to its natural state,
under the direction of the Superintendent or his designated representative.
16. This Special Use Permit will be valid contingent upon approval by CAMA of NC -DOT'S
application to reconstruct the dike/dune line to protect NC-12.
17. In consideration for obtaining the privileges granted herein, the permittee agrees to
indemnify and save harmless the United States from any loss to it, including not only
damage to government property and injury to government employees but also judgments,
settlements, or compromises for property damage or injury to all persons for which the
United States may be liable, resulting from the exercise by the permittee and its employees
of the privileges granted herein.
18. This permit shall expire November 04, 1997.

§2.1
36 CFR Ch. 1 (7-1-94 Edition)
PART 2-RESOURCE PROTECTION,
PUBLIC USE AND RECREATION
Sec.
2.1 Preservation of natural, cultural and ar-
cbeological resources.
2.2 Wildlife protection.
2.3 Fishing.
2.4 Weapons. traps and nets.
2.5 Research specimens.
2.10 Camping and food storage.
2.11 Picnicking.
2.12 Audio disturbances.
2.13 Fires.
2.14 Sanitation and refuse.
2.15 Pets.
2.16 Horses and pack animals.
2.17 Aircraft and air delivery.
2.16 Snowmobilee.
2.19 Winter activities.
2.20 Skating, skateboards and similar de-
vices.
2.21 Smoking.
2.22 Property.
2.23 Recreation fees.
2.30 - Misappropriation of property and serv.
ices_
2.31 Trespassing, tampering and vandalism.
2.32 Interfering with agency functions.
2.33 Report of injury or damage.
2.34 Disorderly conduct.
2.35 Alcoholic beverages and controlled sub-
stances.
2.36 Gambling.
2.77 Noncommercial soliciting.
2.3s Explosives.
2.50 Special events.
2.51 Public assemblies, meetings.
2.52 Sale or distribution of printed matter.
2.60 Livestock use and agriculture.
2.61 Residing on Federal lands.
2.62 Memorlalization.
AUTHORITY: 16 V.S.C. 1. 3, an. 462(k).
SOURCE: 43 PR 302E2, June 30, 1983, unless
otherwise noted.
}2.1 Preservation of natural, cultural
and archeological resources.
(a) Except as otherwise provided In
this chapter, the following Is prohib-
ited:
(1) Possessing, destroying, injuring,
defacing. removing, digging, or disturb-
ing from its natural state:
(1) Living or dead wildlife or fish, or
the parts or products thereof, such as
antlers or nests.
(ii) Plants or the parts or products
thereof.
(iii) NoI1fo6Silized and Costl�ald Valle -
ontological specimens,or ar
theological resources. or the parts
thereof.
Uv) A mineral resource or cave for-
mation or the parts thereof.
(2) Introducing wildlife, fish or
Plants. including their reproductive
bodies, into a park area ecosystem.
(3) Tossing, throwing or rolling rocks
or other items inside caves or caverns,
into valleys, canyons, or caverns, down
hillsides or mountainsides, or into
thermal features.
(4) Using or possessing wood gathered
from within the park area: Provided,
however, That the superintendent may
designate areas where dead wood an
the ground may be collected for use as
fuel for campfires within the Dark area.
(5) Walking on, climbing, entering.
ascending, descending, or traversing an
-archeological or cultural resource,
monument, or statue, except in des-
ignated areas and under conditions es-
tablished by the superintendent.
(6) Possessing, destroying, Injuring,
defacing, removing, digging, or disturb-
ing a structure or its furnishing or fix-
tures, or other cultural or archeologi-
cal resources.
(7) Possessing or using a mineral or
metal detector, magnetometer, side
scan sonar, other metal detecting de-
vice, or subbottom profiler.
This paragraph does not apply to:
(I) A device broken down and stored
or packed to prevent its use while In
park areas.
(ii) Electronic equipment used pri-
marily for the navigation and safe op-
eration of boats and aircraft.
(Ili) Mineral or metal detectors,
magnetometers, or subbottom profilers
used for authorized scientific, mining,
or administrative activities.
(b) The superintendent may restrict
biking or pedestrian use to a des-
ignated trail or walkway system pursu-
ant to %1.5 and 1.7. Leaving a trail or
walkway to shortcut between portions
of the same trail or walkway, or to
shortcut to an adjacent trail or walk-
way In violation of designated restric-
tions Is prohibited.
(c)(1) The superintendent may des-
ignate certain fruits, berries, nuts, or
unoccupied seashells which may be
gathered by hand for personal use or
consumption upon Q. Wrltten deter -
that the gathering or. eon-
16

Natlanal Park Service, W"ftf . , .
sumption will not adversely affect park
wildlife. the reproductive Potential of a
plant species, or otherwise adversely
affect park resources-
(2) The superintendent may:
(1) Limp the size and quantity of the
natural Products that may be gathered
or possessed for this Purpose; or
(11) Limit the location where natural
products may be gathered: or
(III) Restrict the possession and con-
sumption of natural products to the
park area. - - ---ohibited:
(3) The following are pr( undesiB-
(f) Gathering or Possessing
nated natural products. natural
(ii) Gathering or Possessin8
products in violation of the size or
quantity limits designated by the su-
perintendent.
(III) Unauthorized � a of natural
products from the Dar
(iv) Gathering natural Products out-
side of designated areas,
(v) sale or commercial use of natural
products.
(d) Thfs section shall not be con-
strued as authorizing the taking. use
or possession of fish, wildlife or Plants
for ceremonial or religious purposes.
except where specifically authorized by
Federal statutory law, treaty rights, or
in accordance with 42.2 or §2.3.
Narz: gegulaeions ooncemia6 arcbeologl-
cal resources are found in 43 CFP- Dart 3'

.1T Oi ryf
p
J A
IN REPLY REFER'M
N16 (CAHA)
October 22, 1996
UNITED STATES
DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
Fort Raleigh National Historic Site Wright Brothers National Memorial
Mr. M. Randall Turner
Cape Hatteras National Seashore
Route 1, Box 675
Manteo, North Carolina 27954-2708
Division Environmental Officer
NC -DOT, Division of Highways
P. O. Box 1405
Elizabeth City, North Carolina 27906-1405
Dear Mr. Turner:
Thank you for your letter of October 8, 1996, regarding construction of protective berms adjacent
NC Highway 12 on Ocracoke Island. At our onsite meeting on September 16, 1996, we explained
that we wished the North Carolina Department of Transportation (DOT) to continue their
protection of the highway from ocean overwash and sand deposition by construction of a berm or
dune within the highway right-of-way. Where the DOT feels it advisable, we are committed to
consider, on a case -by -case basis, construction of connecting dunes, using sand from an off -site
source, from the right-of-way to the artificial dune adjacent the beach. We are guided in this
course by several factors.
It is clear that the primary dune, an artifice of some years ago, is increasingly threatened by
erosion from the sea. Much of the dune is gone or severely degraded at this tinie. In those places
where the dune has been washed out, the natural process of overwash has deposited sand
landward, raising the elevation of the island between the highway and the beach. The resultant
beach is much wider and the profile is more gradual than where the artificial dune is still intact.
The consequences of this change include additional sand accumulation with each storm event as
wave energy is dissipated over a broad area instead of being refracted by the dune face and
causing additional erosion. Replacing the dune in its former location, usually a few feet from the
normal tide line, merely causes the dune destruction -accelerated erosion cycle to continue.
Damage to the island structure is exacerbated if the sand used to construct the dune is obtained
from the island itself.
Clearly, much of the highway and certainly the first several miles on the northeast end of
Ocracoke Island are imminently threatened by the sea. If land transportation is to be maintained
for the foreseeable future, the road must be relocated. For the present term, we believe the

integrity of the highway is best served by a strategic retreat from the artificial dune building on
the active beach, construction of a berm in the right-of-way with sand from an off -site source, and
the beach broadening and elevation increase that overwash will provide..
We appreciate DOT's continued assistance to the citizens of Ocracoke and to park visitors.
Sincerely,
4-e-� 60. 'j,"I
Russell W. Berry, Jr.
Superintendent

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Permit C7'ass
Permit Number
NEW
STATE OF NORTH CAROLINA d
Department of Environment, Health & Natural Resources C o f
and
Coastal Resources Commission
Vamit
for
X Major Development in an Area of Environmental
pursuanttoNCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
135-93
C 2 0 1993
MOO
Issued to NC Dept. of Transportation, Div. of Highways, P.O. Box 1405, Elizabeth City, NC 27909
authorizing development in Hyde County at Ocean beach. along_Hwy. 12 at
Ocracoke as requested in the permittee's application dated 8127193 including_
attached workplan drawings 2 "Area #1 " and "Area #2" both dated 8/23/93
This permit, issued on December 15. 1993 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) Prior to the initiation of any work, the permittee will conduct a survey of the permit area to
determine whether the Federally -listed threatened seabeach amaranth (Amaranthus Rurnilus
is present. If the plant is located in the permit area, the permittee will not commence work.
The permittee will immediately notify the District Engineer (DE), Wilmington District, Corps
of Engineers, so that the DE can initiate formal consultation with the U. S. Fish and Wildlife
Service (USFWS) pursuant to Section 7 of the Endangered Species Act, as needed.
2) In order to minimize adverse impacts to nesting sea turtles, no work shall occur within the
period of May 1 through November 15 of any year.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31, 1996
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
rRoger N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

41

NC Dept. of Transportation Permit #135-93
Page 2 of 2
ADDITIONAL CONDITIONS
3) Beach bulldozing or the process of moving natural beach material from any point seaward of the
first line of vegetation to repair damage to the frontal and/or primary dune is restricted to the
two areas defined on the workplans dated.8/23/93 is permitted.
4) Sloping, grading, etc. between the shoulder of NC12 (the area periodically maintained by
NCDOT) and the proposed area of dune construction is restricted to two areas for construction
access (one at each end of the overwash area). The remaining areas shown to be disturbed is
to remain unaltered in its semi -stable condition.
5) The removal of stable sand from the north side of the road is not permitted.
6) The deposition of foreign sand from the NCDOT spoil site adjacent the Hatteras -Ocracoke Ferry
is permitted along the dune alignment.
7) The two areas in which this activity is being performed must maintain a slope of adequate grade
so as to not endanger the public or the public's use of the beach and should follow the pre -
emergency slopes as closely as possible. The movement of material by a bulldozer, front-end
loader, backhoe, scraper or any type of earth moving or construction equipment shall not exceed
1 foot in depth measured from the pre -activity surface elevation.
8) Movement of material from seaward of the mean high water line is not authorized.
9 Reconstructing dunes shall be accomplished in such a manner that the damage to existing
vegetation is minimized. The fill areas will be immediately replanted or temporarily stabilized
until planting can be successfully completed. -
10) Appropriate erosion and sedimentation control devices, measures, or structures shall be used to
prevent sediment from entering the adjacent wetlands/watercourses/property (e.g., silt fence,
diversion swales/berms, sand fence, etc.).
NOTE: The National Park Service approved a Special Use Permit for the work described herein
on December 1, 1993.

APPLICATION TRANSMITTAUPROCESSING RECORD
A) Applicant: N.C. Department of Transportation County: Hyde��
Location of Project: Adjacent NC 12 on Cape Hatteras National Seashore property
Date Application Received Complete by Field: 2 September 1993
Field Recommendation: Attached X To be Forwarded
Consistency Determination: Attached To be Forwarded X
Field Representative: M. Ted Tyndall District Office: Washington
District Manager Review:
B) Date Application Received in Raleigh: Fee Rec'd: $
Public Notice Rec'd: End of Notice Date:
Adj. Rip. Prop Notices Rec'd: Deed Rec'd:
Application Assigned to: on
C) 75 Day Deadline: 150 Day Deadline:
Mail Out Date: State Due Date:
Federal Due Date: Fed. Comments Rec'd on
Permit Final Action: Issue Deny Draft on
D)
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management District Office
Division of Comm. Assistance
Land Quality Section
Div. of Env. Management
State Property Office
Div. of Archives 6 History
Div. of Env. Health
Div. of Highways
15)
i71 ri 7lrp ''!>!^
Wildlife Resources Commission
Div. of Water Resources
Div. of Marine Fisheries
-----------
J

PRIDE IN��
United States Department of the Interior Am
FISH AND WILDLIFE SERVICE
Ecological Services
Post Office Box 33726 /1 /
Raleigh, North Carolina 27636-3726
October 18, 1993
OCT R 6 IM
Colonel George L. Cajigal
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Attention: Regulatory Branch
Dear Colonel Cajigal:
This is the report of the U.S. Fish and Wildlife Service (Service)
on Public Notice 199304664, dated September 21, 1993. The North
Carolina Department of Transportation has applied for a Department
of the Army permit to reconstruct dunes along two portions of North
Carolina Highway 12, adjacent to the Atlantic Ocean, on Ocracoke
Island, Hyde County, North Carolina. This report is submitted in
accordance with the Fish and Wildlife Coordination Act (48 Stat.
401, as amended; 16 U.S.C. 661-667d), and Section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543).
It is to be used in your determination of compliance with 404(b)(1)
guidelines (40 CFR 230) and in your public interest review (33 CFR
320.4) as they relate to protection of fish and wildlife resources.
According to information provided in the Public Notice, ocean
overwash has breached the manmade duneline between Highway 12 and
the Atlantic Ocean shore at two locations 2.6 and 3.0 miles west of
the Hatteras -Ocracoke ferry landing. A total of approximately
4,000 cubic yards of sand would be removed from accumulated
sediments adjacent to Highway 12. A dune segment 500 feet long,
110 feet wide, and 12 to 15 feet high would be constructed at the
first overwash area from sand excavated from two areas 35 and 65
feet wide by 500 feet long, south and north of Highway 12,
respectively. The second site, 3.0 miles from the ferry landing,
would be constructed 350 feet long, 50 feet wide, and 12 to 15 feet
high of sand excavated from two areas 145 and 65 feet wide by 350
feet long, south and north of Highway 12, respectively.
According to the Public Notice, the first site, 2.6 miles from the
ferry landing, is vegetated and stabilized by sea oats (Uniola
paniculata), American beach grass (Ammophila breviligulata),
saltmeadow cordgrass (Spartina patens), and eastern redcedar

(Juniperus virginiana). Vegetation at the second site is more
sparse and sand is less stabilized. The borrow sites and dune
reconstruction areas occur on lands owned and administered by the
National Park Service as part of Cape Hatteras National Seashore.
The applicant, however, holds a right-of-way encompassing large
portions of the proposed borrow sites.
Service policy regarding mitigation of damage to habitats considers
both the value of those habitats to fish and wildlife and their
relative scarcity. The maritime habitats affected by the proposed
project have high fish and wildlife resource value and are
considered to be relatively scarce on a national and regional
basis. Maritime --habitats, such as these, provide valuable nesting,
roosting, and foraging habitat to resident and migratory hawks,
shorebirds, wading birds, and seabirds. Other resident wildlife
species expected to occur in the project area include eastern
cottontail (Sylvilagus floridanus), and raccoon (Procyon lotor).
overwash areas in the foredune zone provide potential habitat for
the Federally -listed, threatened seabeach amaranth (Amaranthus,
pumilus).
The proposed borrow from maritime habitats .would result in the
degradation of 2.8 acres of vegetated and unvegetated frontal and
secondary dunes. Dune reconstruction would remove 1.7 acres of low
dunes and overwash areas and replace them with an unnaturally high
artificial dune. No wetlands or marine habitats would be directly
affected, although habitat for seabeach amaranth may be affected.
Moreover, the proposed dune reconstruction would interfere with the
natural barrier island migration processes which are apparently
beginning to re-establish themselves in the project area, and thus,
would have indirect adverse effects to estuarine and marine
habitats in the project vicinity.
The overwash of the manmade dunes and the subsequent deposition of
sands north and south of the highway are evidence of the natural
barrier island processes which, if left undisturbed, would ensure
the formation of maritime and estuarine habitats on the sound -side
of Ocracoke Island as it migrates landward in response to sea level
rise. Otherwise, the ocean shoreline of the island will continue
to erode without the replacement of sound -side habitats. Man-made
attempts to artificially hold sand between the ocean and highway
thwarts these natural geophysical coastal processes.
The fact that Highway 12 is overwashed rather than undermined
signifies- that the highway is not immediately threatened.
Moreover, the applicant should consider moving the highway rather
than combatting barrier island geomorphic processes. If the
applicant would allow the sand to overwash and be carried by winds
to the north side, as it already has at the two project sites, then
the applicant would be assured of having potential relocation sites
in the future. This would require continued highway clearing in
response to storm overwash, but the Service believes it will be
more economical to allow sand transport across the highway, and to
eventually relocate the highway, rather than continuing to shore up

manmade dunes which face certain erosion as sea levels rise. Such
an approach will also be consistent with the National Park Service
policy to permit natural barrier island processes to function
freely.
Based on concerns for potential adverse effects to seabeach
amaranth and barrier island geomorphic processes, the Service
recommends that a Department of the Army permit not be issued for
this project. The Service recommends that the applicant adopt a
long range plan to maintain Highway 12 that will be consistent with
National Park Service policy. This long range planning should
include highway realignment alternatives and maintenance policies
to ..place overwashed sands on the northern, sound. side of the
highway to assist natural sand transport.
The legal responsibilities of a Federal agency under Section 7 of
the Endangered Species Act were detailed' in material sent
previously to you. Several endangered and threatened wildlife
species occur in Hyde County, although seabeach amaranth is most
likely to be affected.
If the Corps decides that the proposed project is in the public
interest, surveys for seabeach amaranth should be conducted in the
project area. If seabeach amaranth is located in the proposed dune
construction sites, the project has the potential to adversely
affect this plant species. Formal consultation with the Service,
under Section 7 of the Endangered Species Act, would be required to
evaluate impacts to this Federally -listed species and its habitat.
The Service appreciates the opportunity to comment on this project.
Please advise us of any action taken by the Wilmington District,
Corps of Engineers. You may contact David Dell, Permit
Coordinator, of this office if you have any questions regarding our
recommendations.
Sincerely, /
L.K. "Mike" Gantt
Supervisor

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: N. C. Department of Transportation
2. LOCATION OF PROJECT SITE: Hyde County, adjacent NC 12 on Cape Hatteras National
Seashore property near Ocracoke
Photo Index - 1989: Not Available 1984: Not Available
State Plane Coordinates - X: 2,950,200 Y: 530,200
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 17 August and 9 September 1993
Was Applicant Present - 17 August - YES; 9 Sept. - NO
5. PROCESSING PROCEDURE: Application Received - 2 September 1993
Office - Washington Regional Office
6. SITE DESCRIPTION:
(A)
Local Land Use Plan - Hyde County - Ocracoke Section
Land Classification From LUP - Conservation
(B)
AEC(s) Involved: Ocean Erodible Area
(C)
Water Dependent: NO
(D)
Intended Use: Public
(E)
Wastewater Treatment: Existing - N/A
Planned - N/A
(F)
Type of Structures: Existing - N/A
Planned - N/A
(G)
Estimated Annual Rate of Erosion: 9 ft.
Source - Division of Coastal Management
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(C) Other
Upland Fill Areas
72,500 ft2
(D) Total Area Disturbed: 4.6 acres
(E) Primary Nursery Area: NO
(F) Water Classification: SB Open: NO
8. PROJECT SUMMARY: The applicant proposes to reconstruct approximately 850 feet of primary
dunes by pushing up excess sand between NC 12 and dune and using any overblown sand from
across the road.

FIELD INVESTIGATION REPORT:
N. C. Department of Transportation/Hyde County
Dune Reconstruction
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Settine
The project site is located adjacent NC 12 approximately three miles west of the
Hatteras -Ocracoke Ferry on Cape Hatteras National Seashore (CHNS) property on
Ocracoke Island in Hyde County, North Carolina. Although the project is located on
CHNS property, the North Carolina Department of Transportation (NCDOT) which
has a 75' right-of-way on each side of NC 12, has applied for the permit. The entire
project site is located within the Ocean Erodible Area AEC. The long term average
annual erosion rate is 9'. Breaks in the dune system along NC 12 have occurred due
to ocean overwash and have essentially changed the frontal dune to a broad, flat, semi -
vegetated area lacking the height and configuration typical of frontal dunes. The first
overwash area is located 2.6 miles from the Hatteras -Ocracoke Ferry and measures
approximately 500' in length. The MHW mark is approximately 200' from NC 12 and
the existing dunes at each end of the overwash area have a base approximately 110'
wide. The landward edge of the existing dunes are only 30' from NC 12. Vegetation
onsite is typical of this zone and includes .sea oats Uniola paniculata, American beach
grass Ammophila brevili u�, salt meadow grass Snartina patens, and red cedar
Juniperus vir ig niana. Although the dunes have been overwashed and reduced in
height, enough sand remains onsite to maintain a stable dune base. Enough vegetation
including sea oats, pennywort Hvdrocotvle bonariensis, salt meadow grass, red cedar,
and Smilax sp. exist in the overwash area forming a stable dune base. Little
overblown sand can be found on the north side of NC 12.
The second overwash area is located just west of the first area, approximately
3.0 miles from the Ferry and measures 350' 'in length. The MHW mark is.
approximately 250' from NC 12 and the existing dune at each end of the overwash
area is approximately 50' wide at the base. At this point, the landward edge of the
frontal dune is 145' from NC 12. This overwash area appears less stable than the first
area. Although vegetation is less prevalent than the first site, enough sand remains
spread over the area and with the existing vegetation provide a stable dune base. Little
overblown sand can be found on the north side of NC 12.
Project Description
The applicant proposes to reconstruct approximately 850' of primary dunes in
two overwash areas by pushing up excess sand from the south side of NC 12 and
removing any overblown sand from the north side of NC 12 and depositing it along the
old dune alignment. At the first overwash area, a 500' long, 110' wide dune
approximately 12'-15' high will be reconstructed. All excess sand in an area 30' X

FIELD INVESTIGATION REPORT:
N.C. Department of Transportation/Hyde County
Dune Reconstruction
Page #3
excess sand within an area 65' X 500' on the north side of NC 12 will be removed and
deposited along the same alignment. The landward edge of the reconstructed dune will
be 30' from NC 12. Part of the dune will be in NCDOT right-of-way. At the second
overwash area, a 350' long, 50' -wide dune approximately 12'-15' high will be
reconstructed. All excess sand in an area 145' X 350' on the south side of NC 12 will
be pushed up along the old dune alignment and any excess sand within an area 65' X
350' on the north side of NC 12 will be removed and deposited along the same
alignment. The landward edge of the reconstructed dune will be 145' from NC 12 and
outside NCDOT right-of-way.
Anticipated Impacts
The project as proposed would result in the destruction of an established dune
base. The',integrity of a dune is based on its vegetation, height, continuity, and
configuration. Any pushing up of sand from the south side of NC 12 towards the
ocean to form a loosely constructed pile of sand would not only remove continuity of
the stable sand base present but would destroy all vegetation remaining in the overwash
area and eliminate the existing level of protection. The removal of sand from the north
side of NC 12 would eliminate the natural migration of the dune sand that has naturally
formed a small secondary dune.
M. Ted Tyndall - Washington Regional Office - 13 September 1993

K.eri4 y2-93 wq/Io
d, s+?r
1
a '
STATE OF NORTH CAROLINA
DEPARTMENT OF TkANSPORTATION
JAMES B. HUNT. JR DIVISION OF HIGHWAYS
GovERNOR
P. 0. Box 1405
Elizabeth City, NC 27906-1405
[phone]
August 27, 1993
Mr. Ted Tindall
Division of Coastal Management
P.O. Box 1507
1424 Carolina Ave.
Washington, N.C. 27889
Subject: Ocracoke Dune Restoration
Dear Mr. Tindall,
SAM HUNT
SECRETARY
Per our discussion of 8/27/93 and our meeting of B/17/93, I am
hereby submitting an application requesting permission to reconstruct
two areas of dunes along NC 12 on Ocracoke Island in Hyde County.
As you are aware, these dunes are critical in protecting NC 12
from severe flooding in times of adverse weather. These two sections
of dunes were destroyed by a previous storm and need to be rebuilt
before another storm season is upon us.
Excess sand in these areas will be pushed up into the duneline.
Additional material will come from overblown sand across the roadway.
The dunes and surrounding areas will be restored to their original
condition.
A portion of the dunes will be within the 150' NCDOT right-of-way
and a portion will be on property owned by the National Park Service.
A letter from the National Park Service giving NCDOT permission to
encroach upon their property will be forwarded to you.
The Department is also aware of a moratorium put in place by the
National Fish and Wildlife Service which restricts activity in the area
from May 1 to November 15. However, due to the urgency of this matter
and the minor environmental impact, we are requesting a waiver of this
restriction.
Enclosed are sketches of both areas showing the location and
magnitude of work to be done as well as a completed Major Permit
application. The $250 application fee will be forwarded.
i��

Mr. Tindall
Page 2
August 27, 1993
If additional information is needed, please let me know. Your
urgent review of this application will be greatly appreciated.
Sincerely,
C. E. Lassiter, Jr.,P.E.
D'strict Engineer
J rry . Jen ings
Assi ant Distric gineer
Atta.
cc: Mr. C. 0. White, P.E.

Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name W. G. DEP'r• Of� -rZW5F'001'Xrio1J
Address P• O. 60)e 14os
CityELl'WWT-A GITYState NG
Zip 27909 Dayphone i919) 331- 4197
✓ Landowner or ✓ Authorized agent
b. .Project name (if any)
C. If the applicant is not the landowner, also give the
owner's name and address.
A ra ttaJ OF -NE PPopezrY 15 AJ�J= AY
f4MOrdoa 9kay Sewwz
Ckm Fbx7*E N rlATynlRi 1,fnPK5A*
RwrC- I 60rc t,-)5
MM+tEo , NL 27954-27G4
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
Mc- 12
b. City, town, community, or landmark
OG2ACOI.eC-
c. County H/DE
d. Is proposed work within city limits or planning
jurisdiction? N/A
e. Name of body of water nearest project
A,TLAN'r1G OGEM1
3 DESCRIPTION AND PLANNED USE
.OF PROPOSED PROJECT
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
1?orN
c. Will the project be for community, private, or
commercial use?
d. Describe the planned use of the project.
�Rf TEC7,. cF NC /1
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract V1Ory24E9 ARCS - AtWW 5 At.
b. Size of individual lot(s) N/A
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
APPOW 4 - Zo Pr
d. Soil type(s) and texture(s) of tract.
GOA.Cep t7AO-10
e. Vegetation on tract 000E 4¢A94,
�iC1A. OATS r Gfs�7ARS
f. Man-made features now on tract
g. What is the CAMA Land Use Plan Classification of
the site? .(Consult the local land use plan.)
f Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
P1A'r10 W kt_ 9A,9.4
i. How are adjacent waters classified?
a. Describe all development activities you propose (for j. Has a professional archaeological survey been
example, building a home, motel, marina, bulkhead, carried out for the tract? rJo If so, by whom?
or pier). (LEi�p1JSTRV4.V1 J OF
pec7-rEGTiye O0MR
3/91

5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structuresproposed & A
b. Number of lots or parcels _NSA
c. Density (Give the number of residential units and the
units per acre.) 6;A
d. Size of area to be graded or disturbed
e.
If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.,
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources?
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
A11A
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? Y4A
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
ti/A
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). NVA
m. Water supply source WA
n. If the project is oceanfront development, describe
the steps that will betaken to maintain established
public beach accessways or provide new access.
708C /e 'S C4CM ACCC=eV #Y_r
NAPE P12ESfV7- 01V ,ri76 -19"
,Cw ACCElrwA1<c 4ec
PRO AarE 01)
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? NJA
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
QVILW) or (NWL)
Boat basin .
Other (break-
water, pier,
boat tamp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill AQye,• l
areas AREA •p
Length Width Depth
350'
S0'
g
b. Amount of material to be excavated from below
water level in cubic yards N/A
c. Type of material COARSE SAtJF
d. Does the area to be excavated include marshland,
swamps, or other wetlands? N D
e. High ground excavation, in cubic yards
Avv¢ox. 4000 e_v
3)91

f. Dimensions of spoil disposal area N/A C. Shoreline erosion during preceding 12 months, in
' feet twraov • 9 Fr.
g. Location of spoil disposal area N/A
h. Do you claim title to the disposal area? WA
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? N/A
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas? N/►.
k. Will the fill material be placed below mean high
water? Wo
1. Amount of fill in cubic yards APPQo-1. 4000 cv
M. Type of fill material CoAtLSE 4-&-wo
n. Source of fill material dx%-op
AuD o2EDGED nv. A Jfactl,t EE
o. Will fill material be placed on marsh or other
wetlands? Ito
p. Dimensions of the wedand to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
PACEVRP.L JE4C-TATIV6 6vf-r-
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? O&OZ61oE - GV -DWEM L=&x*o
s. Will wetlands be crossed in transporting equipment
to project site? 140 If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap M/A
b. Average distance waterward of mean high water or
normal waterlevel N/A
d. Type of bulkhead material p'
e. Amount of fill, in cubic yards, to be placed below
mean high water N/A
f. Type of fill material -J/N
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
3/91

1.IW101JkL PA1'Zt< epepoCC
Name GaoC ykx-rry o6 ► xrict la.L � ';A i
Address G09 674
Nn.NTEO 0 r_1C 27954-2708
Name r 1. G. Inn. DF i �o�.ISPoRTItTt ar►
Address P-o. PtK 1405
ra.aAfSEm cAlY rIL Z�9o9
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the Z7 day of AUW51 19 93,
X
Landowker ofAuthorizefagent
3/91

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N.C. Department of Transportation/Hyde County
Dune Reconstruction
CONDITIONS
1. No permit should be issued and no work is permitted until a letter from the
National Park Service (NPS) is received in the Raleigh office authorizing
NCDOT to encroach upon the Cape Hatteras National Seashore and NPS
property.
2. Beach bulldozing or the process of moving natural beach material from any point
seaward of the first line of vegetation to repair damage to the frontal and/or
primary dune is restricted to the two areas defined on the plats dated 8/23/93 is
permitted.
3. Sloping, grading, etc. between the shoulder of NC 12 (the area periodically
maintained by NCDOT) and the proposed area of dune construction is restricted
to two areas for construction access (one at each end of the overwash area). The
remaining areas shown to be disturbed is to remain unaltered in its semi -stable
condition.
4. The removal of stable sand from the north side of the road is not permitted.
i"
5. The deposition of foreign sand from the NCDOT spoil site adjacent the Hatteras -
Ocracoke Ferry is permitted along the dune alignment.
6. The two areas in which this activity is being performed must maintain a slope of
adequate grade so as to not endanger the public or the public's use of the beach
and should follow the pre -emergency slopes as closely as possible. The
movement of material by a bulldozer, front-end loader, backhoe, scraper or any
type of earth moving or construction equipment shall not exceed i foot in depth
measured from the pre -activity surface elevation.
7. In order to minimize adverse impacts to nesting sea turtles, no work shall occur
within the period of May 1 through November 15 of any year.
8. Movement of material from seaward of the mean high water line is not
authorized.
9. Reconstructing dunes shall be accomplished in such a manner that the damage to
existing vegetation is minimized. The fill areas will be immediately replanted or
temporarily stabilized until planting can be successfully completed.

MEMORANDUM
TO: Jim Mulligan
Deborah Sawyer
FROM: ( Ted Tyndall
DATE: 15 September 1993
SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit
North Carolina Department of Transportation
Adjacent NC 12 on Cape Hatteras National Seashore property
Hyde County, North Carolina
Attached is an application for a CAMA Major and/or a Dredge & Fill permit which was
received by me on 2 September 1993. I am considering this application complete, have
acknowledged receipt, and have begun processing.
If you have any questions do not hesitate to contact me.
J