2021 Duck CAMA Major DCM_FormsSuppInfo (2)

TOWN OF DUCK SHORE PROTECTION PROJECT

NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT

MAJOR PERMIT APPLICATION

Prepared for:

The Town of Duck

Prepared by:
Coastal Protection Engineering of North Carolina, Inc.
4038 Masonboro Loop Road
Wilmington, North Carolina 28409

Submitted to:

North Carolina Department of Environmental Quality
Division of Coastal Management
Wilmington Regional Office

January 2021

Town of Duck Shore Protection Project
NCDCM Major Permit Application

Contents
1 Forms ................................................................................................................................................. 1
1.1 Form DCM MP-1 ........................................................................................................................ 1
1.2 Form DCM MP-2 ........................................................................................................................ 5
1.3 Form DCM MP-3 ........................................................................................................................ 8
2 Supplemental Information, per Forms DCM MP-1 and DCM MP-2 ....................................... 10
2.1 Per Form MP-1, Section 6a: Project Narrative ................................................................... 10
2.1.1 Project Scoping and History ........................................................................................... 10
2.1.2 Proposed Action ............................................................................................................... 12
2.1.3 Construction Schedule .................................................................................................... 18
2.1.4 Borrow Area and Sediment Analysis ............................................................................ 18
2.1.5 Summary of Consistency with State Sediment Criteria ............................................. 20
2.2 Per Form MP-1, Section 6d: A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the affected properties. ........................... 24
2.3 Per Form MP-1, Section 6k: A statement of compliance with the N.C. Environmental
Policy Act (N.C.G.S. 113A 1-10) if necessary. .............................................................................. 24
2.4 Adjacent Riparian Owner Return Receipts .......................................................................... 25
2.5 Per Form MP-1, Section 6h and 6j: Signed Agent Authorization Form and signed AEC
Hazard Notice. .................................................................................................................................... 26

Appendices
APPENDIX A: WORK PLANS
APPENDIX B: PROFESSIONAL ARCHAEOLOGICAL ASSESSMENT (PROVIDED WITH DIGITAL COPIES ONLY)
APPENDIX C: GEOTECHNICAL REPORT (PROVIDED WITH DIGITAL COPIES ONLY)
APPENDIX D: SURVEY REPORT (PROVIDED WITH DIGITAL COPIES ONLY)

Form MP-1 Application for Major Permit Development

C OASTAL P ROTECTION E NGINEERING OF N ORTH C AROLINA , I NC.
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1 Forms
1.1 Form DCM MP-1
APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Town Of Duck
Project Name (if applicable)
Town of Duck Shoreline Protection Project
Applicant 1: First Name
Joe
MI

Last Name
Heard
Applicant 2: First Name
N/A
MI
N/A
Last Name
N/A
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
1200 Duck Road
PO Box
N/A
City
Duck
State
NC
ZIP
27949
Country
USA
Phone No.
252 - 255 - 1234 ext.
FAX No.
252 - 255 - 1236
Street Address (if different from above)

City

State

ZIP
-
Email
[e-mail]

2. Agent/Contractor Information
Business Name
Coastal Protection Engineering of North Carolina, Inc.
Agent/ Contractor 1: First Name
Kenneth
MI

Last Name
Willson
Agent/ Contractor 2: First Name
Brad
MI
N/A
Last Name
Rosov
Mailing Address
4038 Masonboro Loop Rd.
PO Box

City
Wilmington
State
NC
ZIP
28409 Phone No. 1
910 - 399 - 1905 ext.
Phone No. 2
- - ext.
FAX No.
N/A
Contractor #
Federal ID #02-0623951
Street Address (if different from above)
N/A
City
N/A
State
N/A
ZIP
N/A -
Email
[e-mail]

Form MP-1 Application for Major Permit Development

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3. Project Location
County (can be multiple)
Dare
Street Address
Oceanfront shoreline of Duck, from 126 Skimmer Way to 137
Spindrift Lane
State Rd. #
N/A
Subdivision Name
N/A
City
N/A
State
NC
Zip
N/A -
Phone No.
NA - - ext.
Lot No.(s) (if many, attach additional page with list)
NA, , , ,
a. In which NC river basin is the project located?
Pasquotank
b. Name of body of water nearest to proposed project
Atlantic Ocean
c. Is the water body identified in (b) above, natural or manmade?
Natural Manmade Unknown
d. Name the closest major water body to the proposed project site.
Atlantic Ocean
e. Is proposed work within city limits or planning jurisdiction?
Yes No
f. If applicable, list the planning jurisdiction or city limit the proposed work falls
within.
Duck

4. Site Description
a. Total length of shoreline on the tract (ft.)
8,414.7 ft. (~1.6 mi.)
b. Size of entire tract (sq.ft.)
1,488,346 (Placement Area above MHW) and 51,095,880 (Borrow
Area A)
c. Size of individual lot(s)
NA, , ,
(If many lot sizes, please attach additional page with a list)
d. Approximate elevation of tract above NHW (normal high water) or NWL
(normal water level)
ranges from -13.2 to +23.9 ft NAVD88 NHW or NWL
e. Vegetation on tract
Perennial grasses, such as American beach grass (Ammophila breviligulata) and sea oats (Uniola panicu lata), are the primary
stabilizers within the tract.
f. Man-made features and uses now on tract
The tract is contiguous to single and mulitfamily residential homes, business and commercial uses. The beachfront is utilized for
recreational activities.
g. Identify and describe the existing land uses adjacent to the proposed project site.
The existing land uses adjacent to the proposed project include single and multifamily residential, commercial business and
public/community access to the beachfront. The U.S Army Corps of Engineers Field Research Facility is also located a djacent to
the southern extent of the project.
h. How does local government zone the tract?
Single Family Residential, Medium Density Residential

i. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable)
Yes No NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? Yes No
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy.

If yes, by whom?
Yes No NA

Tidewater Atlantic Research
l. Is the proposed project located in a National Registered Historic District or does it involve a
National Register listed or eligible property?
Yes No NA

Form MP-1 Application for Major Permit Development

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m. (i) Are there wetlands on the site?

(ii) Are there coastal wetlands on the site?

(iii) If yes to either (i) or (ii) above, has a delineation been conducted?
(Attach documentation, if available)
Yes No

Yes No

Yes No
n. Describe existing wastewater treatment facilities.
Private septic systems for homes along oceanfront
o. Describe existing drinking water supply source.
Municipal
p. Describe existing storm water management or treatment systems.
N/A

5. Activities and Impacts
a. Will the project be for commercial, public, or private use? Commercial Public/Government
Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The Town aims to maintain the oceanfront beach and dune to a configuration that provides a reasonable level of storm damage
reduction to public and private development, maintain recreational opportunities and sustain natural and biological resources . To this
end, the Town proposes to nourish the oceanfront shoreline, with five years of advanced fill incorporated into the design.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of
equipment and where it is to be stored.
A hydraulic hopper dredge and/or cutterhead dredge and pipeline will be used to obtain and transport material from the offshore
borrow area to the beach. A sand dike will be constructed on the seaward side of the discharge area. The sand slurry will be
discharged behind the temporary dike, and excess water will be directed parallel to the shoreline and around the edge of the dike.
Bulldozers, front-end loaders and other earth moving machines will be used to shape the beach to the design profile. Equipment will
be stored and staged at five staging areas within the Town of Duck. One is located in a paved lot on the USACE Field Research
Facility (FRF), two are located on or in proximity to Trinitie Drive, one along Sound Sea Ave., and one along Acorn Oak Ave.
d. List all development activities you propose.
The proposed action includes sand placement along 8,414.7 feet of oceanfront shoreline within the Town of Duck. Sand will be
obtained from Borrow Area A located in the Outer Continental Shelf offshore Dare County using cutterhead and/or hopper dredges.
Material will be transported from the borrow area to the beach via submerged pipeline from a cutterhead dredge, or direct transport
to a nearshore pump out location via hopper dredge. A temporary shore -parallel sand dike will be constructed in the discharge area
to reduce turbidity of the returned slurry within the nearshore. Material on the beach will be shaped and graded using earth moving
machines. Sand fencing and vegetation may be placed along the project area. Machinery will access the project via construction
accesses extending from the staging areas to the beachfront.
e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance of the 2017 Project
f. What is the approximate total disturbed land area resulting from the proposed project? 1,530,555 (1,488,346 within fill area and
42,209 within staging areas)

Sq.Ft or Acres

g. Will the proposed project encroach on any public easement, public accessway or other area
that the public has established use of?
Yes No NA
h. Describe location and type of existing and proposed discharges to waters of the state.
The discharged material will be obtained from Borrow Area A, located within federal waters offshore Dare County, which contains
beach compatible material that complies with State Sediment Criteria. The material will be placed along the oceanfront shoreline
adjacent to the Town of Duck, within the reach authorized in the design template.
Form MP-1 Application for Major Permit Development

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i. Will wastewater or stormwater be discharged into a wetland?

If yes, will this discharged water be of the same salinity as the receiving water?
Yes No NA

Yes No NA
j. Is there any mitigation proposed?
If yes, attach a mitigation proposal.
Yes No NA
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to
be complete. Items (a) – (f) are always applicable to any major development application. Please consult the application instruction booklet on how to
properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed
project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work
completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DEQ.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners
have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit
comments on the proposed project to the Division of Coastal Management.
Name: Walter Kirk (138 Shearwater Way) Phone No. n/a
Address: 138 Shearwater Way, Kitty Hawk, NC 27949
Name USACE-CEERD-HF-A . Field Research Facility Phone No. 252-261-3511
Address 1261 Duck Rd., Kitty Hawk, NC 27949
Name N/A Phone No. n/a
Address

g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
CAMA Permit #132-15 issued on December 1, 2015
Dept of Army SAW Action ID #2014-02202 issued on May 25,
2016

h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public
funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.

7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the applicat ion. The
project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agenc ies to enter on
the aforementioned lands in connection with evaluating information related to this permit application and follow -up monitoring of the
project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date: January 19, 2021 Print Name: Brad Rosov, Agent, Coastal Protection Engineering of North Carolina, Inc.

Signature ___________________________

Please indicate application attachments pertain ing to your proposed project.
DCM MP-2 Excavation and Fill Information DCM MP-5 Bridges and Culverts
DCM MP-3 Upland Development
DCM MP-4 Structures Information
Form DCM MP-2 Excavation and Fill
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1.2 Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)

Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of
the Joint Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
.
Access
Channel
(NLW or
NWL)
Canal Boat
Basin
Boat
Ramp
Rock
Groin
Rock
Breakwater
Other (excluding shoreline
stabilization)
Length
8,414.7' (fill area)
16,064' (Borrow Area A)
Width
565' (fill area, varies)
3,180.66' (Borrow Area A)
Avg. Existing
Depth NA NA
-13.2 to 23.9' (fill area)
-70.0 to -48.0' (Borrow Area A)
Final Project
Depth NA NA
-13.2' to +23.9' (fill area)
-68 to -58.5' (Borrow Area A)

1. EXCAVATION This section not
applicable
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
1,209,750 cy(estimated fill of 806,500 cy plus 50% to account for
loss encountered during dredging and emergency storm repair)

b. Type of material to be excavated.
Beach quality sand

c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
CW SAV SB
WL None
(ii) Describe the purpose of the excavation in these areas:
Beach nourishment

d. High-ground excavation in cubic yards.
None

2. DISPOSAL OF EXCAVATED MATERIAL This section not applicable
a. Location of disposal area.
Oceanfront shoreline of Duck from 126 Skimmer Way to
137 Spindrift Lane

b. Dimensions of disposal area.
8414.7 ft (length) by 565 ft (width)

c. (i) Do you claim title to disposal area?
Yes No NA
(ii) If no, attach a letter granting permission from the owner.
Easements pending
d. (i) Will a disposal area be available for future maintenance?
Yes No NA
(ii) If yes, where?
N/A

e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
CW SAV SB
f. (i) Does the disposal include any area in the water?
Yes No NA
(ii) If yes, how much water area is affected?
3,023,609 sq. ft.
Form DCM MP-2 Excavation and Fill
C OASTAL P ROTECTION E NGINEERING OF N ORTH C AROLINA , I NC.
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WL None
(ii) Describe the purpose of disposal in these areas:
Beach nourishment

3. SHORELINE STABILIZATION This section not applicable
(If development is a wood groin, use MP-4 – Structures)
a. Type of shoreline stabilization:
Bulkhead Riprap Breakwater/Sill Other: Beach
nourishment
b. Length: 8,414.7 ft.
Width: 565 ft.
c. Average distance waterward of NHW or NWL: 383 ft.

d. Maximum distance waterward of NHW or NWL: 404 ft.

e. Type of stabilization material:
Sand

f. (i) Has there been shoreline erosion during preceding 12
months?
Yes No NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
-4.8'/yr based on monitoring conducted in May 2019 and June
2020 within the Project Area

g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill Other sand: 3,023,609 sq.ft.:
h. Type of fill material.
Sand

i. Source of fill material.
Offshore Outer Continental Shelf borrow area.

4. OTHER FILL ACTIVITIES This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? Yes No NA
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill

b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
CW SAV SB
WL None
(ii) Describe the purpose of the fill in these areas:

5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
A sand dike will be constructed seaward of the fill area during the
placement of beach fill. This temporary structure will allow the
sandy material to settle out before the water reenters the
Atlantic Ocean. In addition, the nourishment sand will be low in
silt, which improves the retainment quality of the material

b. What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
Hydraulic hopper and/or cutterhead dredge and pipeline,
bulldozers, front-end loaders and other earth moving
machines.

c. (i) Will navigational aids be required as a result of the project?
Yes No NA
(ii) If yes, explain what type and how they will be implemented.
N/A

d. (i) Will wetlands be crossed in transporting equipment to project
site? Yes No NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
N/A

January 21, 2021
Form DCM MP-2 Excavation and Fill
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Date
Town of Duck Shoreline Protection Project

Project Name
Town of Duck, c/o Joe Heard
Applicant Name
Agent, Coastal Protection Engineering of North Carolina, Inc.
Applicant Signature

Form DCM MP-3 Upland Development
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1.3 Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)

Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of
the Joint Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed.
None

b. Number of lots or parcels.
None

c. Density (give the number of residential units and the units per
acre).
None

d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
Temporary staging area: 42,193 square feet (0.968 acre)
and construction corridor: 2,079 linear feet

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.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
Yes No NA
(ii) If yes, list the date submitted:

f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
No impervious surfaces will be used

g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built-upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
No new impervious surfaces will be constructed.

h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
Yes No NA

(ii) If yes, list the date submitted: n/a i. Give the percentage of the entire tract to be covered by impervious
and/or built-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
No new impervious surfaces will be constructed.

j. Describe proposed method of sewage disposal.
N/A

k. Have the facilities described in Item (i) received state or local
approval?
Yes No NA
If yes, attach appropriate documentation.
l. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, “wash down” and residential discharges).
N/A

m. Does the proposed project include an innovative stormwater
design?
Yes No NA
If yes, attach appropriate documentation.

m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
N/A

n. (i) Will water be impounded? Yes No NA
(ii) If yes, how many acres?

Form DCM MP-3 Upland Development
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o. When was the lot(s) platted and recorded?
N/A

p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
Yes No NA

January 19, 2021

Date
Town of Duck Shore Protection Project

Project Name
Town of Duck, c/o Joe Heard

Applicant Name Agent, Coastal Protection Engineering of North Carolina, Inc.

Applicant Signature
Application for Major Development Permit
Town of Duck Shore Protection Project
C OASTAL P ROTECTION E NGINEERING OF N ORTH C AROLINA , I NC.
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2 Supplemental Information, per Forms DCM MP-1 and DCM MP-2
2.1 Per Form MP-1, Section 6a: Project Narrative
2.1.1 Project Scoping and History
The Town of Duck is one of four towns within Dare County, including Southern Shores, Kitty Hawk, and Kill
Devil Hills seeking to implement simultaneous shore protection projects to help mitigate the threat of long-term
erosion and storm damage which pose a continual threat to the oceanfront shoreline. The first of these four towns
to express interest in obtaining permits and implement a shore protection project was the Town of Kill Devil Hills
which, along with the Town of Kitty Hawk, was originally part of a federally authorized beach nourishment
project within Dare County. However, due to shortfalls in federal funding, the project was never constructed and
is not anticipated in the foreseeable future. Therefore, on September 14, 2011, the Town of Kill Devil Hills held
an interagency scoping meeting in Washington, NC with representatives from various state and federal agencies
including the North Carolina Division of Coastal Management (DCM), North Carolina Wildlife Resources
Commission (NCWRC), United State Army Corps of Engineers (USACE), US Fish and Wildlife Service
(USFWS) and National Marine Fisheries Service (NMFS). The purpose of the meeting was to present the scope
of a proposed locally sponsored shoreline protection project and to develop an agreed upon permitting approach
and scope for the required environmental documentation. One outcome of the meeting was the decision to
develop a “Project Information Document” that would provide the USACE with a summary of the relevant
existing environmental documentation and biological data that pertains to the proposed Kill Devil Hills Shore
Protection Project. The information provided within the document was to be used to assist the USACE in
determining the appropriate environmental documenting requirements. Following the submittal of the document,
the USACE responded that due to the likelihood of determining a Finding of No Significant Impacts (FONSI),
an Environmental Assessment (EA) would be the recommended approach regarding the required environmental
documentation.

Following the 2011 interagency meeting, two other beach towns in Dare County (Kitty Hawk and Duck)
expressed interest in pursuing their own shoreline protection projects in light of continued erosion on their
respective shorelines. Considering that all three towns were proceeding with similar nourishment projects,
constructing these projects within the same year, either concurrently or sequentially, would reduce mobilization
costs to the towns. Subsequently, an additional interagency meeting was held on June 19, 2013 with
representatives from many of the same agencies to discuss proposed permitting and environmental documentation
approaches for all three towns, (Kill Devil Hills, Kitty Hawk, and Duck). During the meeting it was determined
that each town should apply for their own set of permits and develop their own separate EAs. However,
representatives from the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service
(NMFS) agreed that while individual EAs could be drafted for each of the three proposed projects, a single
regional EFH assessment and a single batched Biological Assessment (BA) could be submitted to satisfy
consultation requirements with NMFS and USFWS (i.e., under the Magnuson-Stevens Act and Endangered
Species Act, respectively) for the Towns of Duck, Kitty Hawk, and Kill Devil Hills.

Because the project involved the use of OCS borrow areas, which fall under the Bureau of Ocean Energy
Management (BOEM) jurisdiction, and placement of material on the beach, which falls under the USACE’s
jurisdiction, it was determined that BOEM and the USACE would act as joint -lead agencies for NEPA purposes
and would prepare joint NEPA documents. BOEM and the USACE agreed to participate in the req uired
Endangered Species Act (ESA) Section 7 consultations; the Magnuson-Stevens Fishery and Conservation
Management Act Essential Fish Habitat (EFH) consultation (Section 305); the National Historic Preservation Act
Application for Major Development Permit
Town of Duck Shore Protection Project
C OASTAL P ROTECTION E NGINEERING OF N ORTH C AROLINA , I NC.
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Section (NHPA) Section 106 process; and the Coastal Zone Management Act (CZMA) Section 307 consistency
process.

In a letter from BOEM to the USACE dated December 2, 2014, the environmental documentation and permitting
approach as described above was codified. It stated that lead agency in Endangered Species Act (ESA) Section
7 consultation for potential impacts on protected species would be determined by jurisdiction. The BOEM was
determined to be the lead agency and would consult with NMFS concerning potential effects from dredging
activities for species under their purview (i.e. swimming turtles and whales). The USACE was determined to be
the lead agency and consult with UFWS concerning effects from placement activities for species under their
purview (i.e. nesting sea turtles). BOEM and the USACE consulted jointly with NMFS Habitat Conservation
Division on EFH and requested NMFS to assign conservation recommendations by jurisdiction. The USACE was
the lead agency for the National Historic Preservation Act (NHPA) Section 106 and notified the State Historic
Preservation Office (SHPO) and relevant Tribal Historic Preservation Offices (THPO). The USACE and BOEM
worked together with the North Carolina Department of Environmental and Natural Resources (NCDENR), to
ensure compliance with Section 307 of the Coastal Zone Management Act (CZMA).

Following the submittal of the three EAs, Department of Army (DA) Individual Permits were issued to each of
the three towns for the 2017 beach nourishment event (SAW-2014-02202, SAW-2014-02203, and SAW-2014-
02204). Consultations with NMFS Protected Resource Division concluded with the issuance of Biological
Opinion on May 16, 2016. Consultations with USFWS concluded with the issuance of a Biological Opinion on
November 4, 2015, respectively. Consultation with NMFS Habitat Conservation Division in regard to EFH
concerns resulted in a "no staffing" email with one recommendation. DCM issued Major Permits to each town
as well (Town of Duck, #132-15; Town of Kitty Hawk, #133-15; and Town of Kill Devil Hills, #134-15).

An additional interagency scoping meeting convened on January 31, 2017 to discuss the Town of Southern Shores'
desire to place beach fill material within a limited area of the Town's oceanfront shoreline. Due to the project's
proximity to Kitty Hawk and their intention to construct the project in tandem with the other three beach to wn
projects, regulatory agencies determined the applicant should apply for their own separate CAMA Major permit
and modify Kitty Hawk's existing DA Individual permit. During consultation with the federal partners, the
batched BA was also amended to include Southern Shore's project-specific information. DCM subsequently
issued a CAMA Major Permit #59-17 to the Town of Southern Shores while the DA issued a modification of the
Town of Kitty Hawk's Individual Permit SAW-2014-02204.

In 2017, the four towns cost-shared and implemented a beach nourishment project that involved the placement of
approximately 3.9 million (M) cubic yards of material over nearly 8.3 miles of oceanfront shoreline. Material
used for the project was obtained from two offshore borrow areas within the Outer Continental Shelf (OCS) in
federal waters. Great Lakes Dredge and Dock performed the dredging work in 153 days using three (3) hopper
dredges; the Liberty Island, Dodge Island and Padre Island. Dredging began on May 23, 2017, placing material
at the Town of Duck and was concluded on October 23, 2017 with nourishment at the Town of Kitty Hawk.

The beach fill design for the 2017 project at the Town of Duck included a 20-foot-wide dune at elevation +20.0
feet NAVD fronted by a variable width berm at elevation +6.0 feet NAVD. A main fill section was constructed
covering 7,915 feet of shoreline beginning on the north at profile station D-10, which is located near 140 Skimmer
Way, and ending on the south near station D-19 which is located at the south property line of 137 Spindrift Lane.
A five hundred (500) foot taper was construction on the north end of the fill to provide a gradual merger of the
project shoreline with the existing shoreline. Collectively, 1,263,181 cubic yards of material was placed within
this domain using material obtained from Borrow Area A and Borrow Area C. Due to concerns with possible
damage to sensitive instruments buried on its property, the USACE Field Research Facility requested no material
be deposited directly along its shoreline. As a result, a taper was not provided at the south end of the project,
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rather, the volume of material originally included in the south taper was distributed along the southern extends of
the main fill.

After the completion of the 2017 nourishment event and based on interest expressed by all four beach towns to
pursue an additional nourishment event in the future, an interagency meeting convened on April 29, 2020 to
discuss the permitting and environmental documentation approach that would be required for the future project.
During the meeting, it was decided that each town would pursue their own respective set of permits. In order to
satisfy NEPA documentation requirements, however, it was decided that one collective EA would be developed
and would be inclusive of site-specific information for all four beach towns. It was also determined that the
project-related actions, as presented during the scoping meeting, should be covered by the 2020 South Atlantic
Regional Opinion (SARBO) and the 2017 North Carolina Coastal Beach Sand Placement Statewide
Programmatic Biological Opinion. As such, the issuance of a new biological opinion as part of the federal
consultation process with NMFS and USFWS are not anticipated.
2.1.2 Proposed Action
The proposed action is a one-time beach nourishment event that will include sand placement along a 1.6-mile
section of the Town’s oceanfront shoreline using dredged material from within Borrow Area A. The proposed
design consists of a 20-foot wide dune at elevation +20 feet NAVD88, with a seaward slope of 1V:5H, fronted
by a variable width berm at elevation +6 feet NAVD88. The main placement area begins near the northern
property boundary of 140 Skimmer Way and extends approximately 7,914 feet southward, terminating in the
middle of the parcel at 137 Spindrift Lane. Additionally, there is one 500-foot taper on the north end of the main
fill, that extends from the northern boundary of the main placement to the property line between 126 and 128
Skimmer Way. The total linear extent of sand placement is approximately 8,414.7 feet (1.6 miles). Plan views
and cross sections of the design template are shown in Appendix A, sheets 1 through 10. Each cross-section
corresponds with profiles with approximately 1,000-foot spacing. The total fill area below MHW is 3,023,609
square feet (69.41 acres), and the total fill area above MHW is 1,488,346 square feet (34.17 acres), for a total
disturbed area of 4,511955 square feet (103.58acres).

Construction of the preferred design along with 5 years of advanced fill would require 806,500 cubic yards of fill
material obtained from Borrow Area A. Actual volume dredged from the borrow area will likely require up to an
additional 20% to account for losses during dredging; therefore, the total estimated dredge volume is 967,800
cubic yards. The BOEM lease request for excavating material from within Borrow Area A will include additional
volume in the unlikely event a storm eroded the Towns' shoreline prior to the construction of the project. In total,
the amount of material that could be excavated from the borrow area would be 1,209,750 cy, or 50% more than
the 806,500 cy of fill required by the preferred design and advanced fill. Following the construction of the 2017
project, an after-dredge survey revealed that Borrow Area A still contained 12,829,500 cy of material, therefore
this borrow area contains enough volume for this project along with the other three towns' proposed projects.

Material will be obtained from the borrow area using a hopper dredge, a cutterhead dredge, or a combination of
the two. In the case of a cutterhead dredge, sand will be transported from the borrow area to the beach as a slurry
via pipeline; use of a hopper dredge would involve transport to a nearshore pump-out location, and subsequent
pumping to the beach via pipeline. A sand dike will be constructed on the seaward side of the discharge area. The
sand slurry will be discharged behind the temporary dike, and excess water will be directed parallel to the
shoreline and around the edge of the dike. Once discharged onto the beach, the material will be shaped and graded
using loaders, dozers, and other earth moving equipment.

There are five proposed staging areas for this project. One is located at the USACE Field Research Facility,
approximately 1,500 feet south of the southern extent of the project limits. This staging area would consist of an
existing paved lot encompassing approximately 0.28 acres, and an associated dirt road would be used as a 1,060
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linear feet construction access to the beach (Appendix A, sheet 3). Two other staging areas are located along
Trinitie Drive and Duck Rd (Appendix A, sheet 5). The two staging areas on or in proximity to Trinitie Drive
encompass approximately 0.06 and 0.08 acres, respectively. The construction access to the beach measures 286
feet. The staging area along Sound Sea Ave is approximately 0.27 acres with its construction access to the beach
measuring approximately 352 linear feet. The last staging area, located on Acorn Oak Ave. The staging area on
Acorn Oak Ave. encompasses 0.16 acres with a construction corridor measuring 3018 feet. Collectively, these
five staging areas encompass a total of 0.97 acres. No impervious surfaces or alterations to the dunes will be
required for use of these areas.

Town installed sand fencing and dune vegetation after the 2017 nourishment event to trap windblown sand and
encourage dune growth. Seven hundred fifty-two sections of sand fencing two rows deep with a length of 10 ft.
each were installed in accordance with 15A NCAC 07H .0311 and 15A NCAC 07K .0212. Sand fencing sections
were spaced 7-10’ apart on an approximate 45-degree angle along the eastern crest of the dune in the nourishment
area. A third row of fencing was installed near the base of the dune slope. Each section of the third row was 10
ft. long, spaced approximately 30’ apart on an approximate 45-degree angle. The fencing will continue to be
maintained as needed on an annual basis. The plan view for sand fencing design is shown in Figure 1 and the
cross section is shown in Figure 2.

Figure 1. Plan view of the proposed sand fencing design. Fencing may be installed between the crest of the started dune and a
point 10 feet seaward of the toe of the dune.

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Figure 2. Cross-sectional view of the proposed sand fencing design.

The Town established a dune vegetation program following construction of the 2017 project. The initial dune
vegetation program included planting of American Beach Grass and Sea Oats, and Bitter Panicum. A similar
dune vegetation plan will be implemented for this proposed project.

A number of measures will be employed to avoid or minimize the risk to biological and natural resources within
the project area. These measures are described in Table 1. below.

Table 1. Conservation/Monitoring measures implemented to avoid or minimize environmental risks
Conservation/Monitoring Measure
Borrow Area
Design
The size and shape of the borrow areas have been designed such that a
minimum number of turns will be required by the hopper dredge, which
increases dredge efficiency and reduces the potential for sea turtle
entrainment.

Dredge Type Construction of the project will be accomplished using cutterhead suction
dredges, trailing suction hopper dredges, or a combination of the two. To
minimize impacts from hopper dredging, the project will follow the standard
hopper dredging conditions outline in the 2020 South Atlantic Regional
Biological Opinion.
Dredge
Positioning
Navigation and positioning software will be used by the contractor to
accurately track the dredge location. The software will provide real-time
dredge positioning and digging functions to allow color display of dredge
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shape, physical feature data as found in background Computer Aided Design
(CAD) charts and color contour matrix files from hydrographic data collection
software described above. The software will also provide a display of
theoretical volume quantities removed during actual dredging operations.

Dredge anchors will not be placed any further than 200 feet from the edge of
the areas to be dredged. The dredge contractor will be required to verify the
location of the anchors with real time positioning each and every time the
anchors are relocated.
Pipeline
Positioning
The pipeline alignment along the beach will be placed to avoid potential
piping plover habitat or sea turtle nests. The alignment will be coordinated
with, and approved by, the USACE. As-built positions of the pipeline will be
recorded using GPS technology and included in the final construction
observation report.
Pipeline
Observations
Observations and assessments of the pipeline during construction will be
performed to avoid pressurized leaks from the pipeline couplings or other
equipment that may result in sediment plumes, siltation and/or elevated
turbidity levels. The Towns, along with the associated engineer, will
coordinate with the dredgers and have in place a mechanism to cease dredge
and fill activities in the event that a substantial leak is detected in the event
that a substantial leak is detected (leaks resulting in turbidity that exceed state
water quality standards). The contractor will cease dredge and placement
activities until an appropriate repair of the affected equipment has been
completed.
Construction
Observations
Several initiatives will be undertaken by the Town, the Engineer, or his duly
authorized representative to monitor construction practices. Construction
observation and contract administration will be periodically performed seven
days/week, approximately twelve hours/day during periods of active
construction. Most observations will be during daylight hours; however,
random nighttime observations may be conducted. The Town, the Engineer,
or his duly authorized representative will provide onsite observation by an
individual with training or experience in beach nourishment and construction
observation and testing, and that is knowledgeable of the project design and
permit conditions. The project manager will coordinate with the field
observer. Multiple daily observations of the pump-out location will be made
for quality assessment and quality control (QA/QC) of the material being
placed on the beach. The construction contractor will provide observations 24
hours per day during construction.
Sediment
Compatibility
The Sediment Criteria Rule provides beneficial guidelines for both grain size
and percent weight of calcium carbonate. However, other important
characteristics such as organic content, heavy mineral content and color are
not addressed. These aspects of the beach material will be considered.
Maintaining adherence to this sediment criteria rule for material placed on the
beach will reduce adverse impacts to the beach invertebrate community and
would also reduce effects to sea turtle nest construction and incubation of the
eggs. Multiple daily observations of the active placement locations will be
made for QA/QC of the material being placed on the beach. The individual
will collect a representative sub-surface (6 in. below grade) grab sediment
sample at not less than 200-foot intervals along the newly constructed berm to
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visually assess grain size, wet Munsell color, granular, gravel, and silt content.
Each sample will be archived with the date, time, and location of the sample.
Samples will be collected during beach observations. The sample will be
visually compared to the acceptable sand criteria. If determined necessary by
the Engineer, or his duly authorized representative, quantitative assessments
of the sand will be conducted for grain size, wet Munsell color, and content of
gravel, granular and silt. A record of these sand evaluations will be provided
within the Engineer’s daily inspection reports and submitted to USACE and
DCM for verification. Following construction, compaction of placed fill
material will be inspected by the Town, the Engineer or his duly authorized
representative in coordination with the DCM and USACE. Compaction
monitoring will begin after the material has been graded and dressed to the
final slope and a period of time will be allowed for finer particles to be washed
away and final settling of the material to occur prior to compaction
monitoring. If the fill material appears to have a higher degree of compaction
than that which is acceptable additional testing such as cone penetration
testing will be considered. After subsequent testing, if it is determined that
tilling is necessary to reduce compaction based on consultation with the
appropriate agencies, the contractor will till the beach to a minimum depth of
36 inches throughout the constructed portion of the beach to loosen the
compaction of the placed material. Beach tilling will only be performed as a
result of an identified compaction problem based on agency consultation.
Beach compaction monitoring and, if necessary, tilling would ensure that
project impacts on sea turtle nesting are minimized.
Escarpments Visual surveys of escarpments will be made along the beach fill area
immediately after completion of construction. Escarpments in the newly
placed beach fill that exceed 18 inches for greater than 100 ft. shall be graded
to match adjacent grades on the beach. Removal of any escarpments during
the sea turtle hatching season (May 1 through November 15) shall be
coordinated with the NCWRC, USFWS and the USACE. The likelihood of
escarpment formation can be reduced by incorporating a beach design that
closely resembles the native beach in terms of berm elevation, sediment size,
and sediment sorting characteristics. The proposed project will be designed
with a berm elevation of +6 ft. NAVD88, and sediment characteristics that fall
within the ranges required by the North Carolina State Sediment Criteria.
Water Quality During construction, shore parallel berms will be constructed on the beach to
reduce nearshore turbidity impacts. These berms are designed such that the
slurry will run parallel to shore, allowing sediment to settle out before the
water is returned to the ocean. Turbidity monitoring during construction will
be managed by the contractor. The contractor will be responsible for notifying
the construction engineer in the event that turbidity levels exceed the state
water quality standards. Measures that could be taken to subsequently reduce
turbidity include moving the dredge to a different location, or asking the
contractor to extend the berm, which would allow more time for fines to settle
out before the water flows back into the ocean.
West Indian
Manatee and
Whale
Monitoring
During construction or dredging activities, the contractor will adhere to the
“Guidelines for Avoiding Impacts to the West Indian Manatee” created by the
USFWS. Full-time NMFS-certified endangered species observers will be
present on the hopper dredge(s) to alert dredge operators of any whales or
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manatees in the area. In the event a whale or manatee is spotted, the ship’s
captain will make proper maneuvers to avoid collisions or injury to the marine
mammals. Vessel operators will abide by the 10 kt (18.5 km/h) speed
restrictions in any Dynamic Management Areas (DMAs) that may be
established while underway. Operators will abide by NMFS Southeast Region
marine mammal viewing guidelines and maintain 50 yds. from sea turtles and
dolphins and 100 yds. from whales. Vessel operators will also follow the
restricted vessel approach of 500 yds. established for North Atlantic right
whales. Participation in the Right Whale Early Warning System is required;
therefore, dredging within right whale critical habitat from December through
March will follow the protocol established within the Early Warning System
(NMFS, 1995).
Sea Turtle
Monitoring
and
Relocation
Trawling
Risk of entrainment will be reduced by use of a sea turtle deflector on the
dredge's draghead. Every effort will be made to keep the dredge pumps
disengaged when the hopper dredge dragheads are not firmly on the bottom.
Also, the rotating cutterhead will not be lifted from the sediment surface
during operations. Additionally, full-time NMFS-certified protected species
observers will be present on the hopper dredge to document any sea turtle
activity and monitor turtle takes through screening of inflow and/or outflow.
Dredging operations will abide by the terms and conditions deemed necessary
to minimize hopper dredging impacts to sea turtles set forth in the 2020 South
Atlantic Regional Biological Opinion (SARBO).

On the beach, artificial lighting used during nighttime construction activities
will be angled or shielded to reduce deterrence of sea turtle nesting and
hatchling disorientation. A sea turtle nest monitoring and avoidance/relocation
plan will be implemented through coordination with USFWS and NCWRC.
This monitoring will be performed by trained individuals knowledgeable of
the beach construction operations.

Should hopper dredges be utilized, the proposed project may employ
relocation trawling as a means to reduce the potential for entrainment. If
relocation trawling is implemented, standard relocation trawling conditions
will be observed as set forth by NMFS, including specification for trawl time,
handling, holding conditions, take and release and any tagging, etc.

A sea turtle nest monitoring plan will be implemented through coordination
with USFWS and NCWRC. Dare County is included in surveys conducted by
Network for Endangered Sea Turtles (N.E.S.T), the volunteer organization
which performs systematic surveys of the northern Outer Banks from the
Virginia border to the southern tip of Nags Head. Surveys are performed
throughout the nesting season (May through August), and include daily
morning patrols to mark and protect newly laid nests, as well as monitoring
during incubation period and emergence. These surveys have been performed
since 1981. Because the proposed project includes nourishment during the
summer months (nesting season), monitoring will be needed to identify, and
subsequently avoid burial or excavation of, existing nests during construction.
This monitoring will be performed by trained individuals knowledgeable of
the beach construction operations. In addition to monitoring surveys, nest
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relocation will be implemented by highly trained individuals and in
coordination with the appropriate agencies.
Bird
Monitoring
Although a project-specific bird monitoring plan will not be developed,
existing programs established by the State, Cape Hatteras National Seashore,
and other entities are anticipated to continue monitoring piping plovers, rufa
red knots, and other bird species along portions of the Outer Banks in Dare
County.

In addition, all personnel involved in the construction process along the beach
will be trained to recognize the presence of piping plovers and red knots prior
to the initiation of beach construction. Personnel will be provided photos of
each species, which will be required to be kept at the construction site for
quick reference. A contractor representative authorized to stop or redirect
work will conduct a shorebird survey prior to 9:00 am each day of sand
placement activities. The survey will cover the work area and any locations
where equipment is expected to travel. The contractor will note any
observance of red knots or piping plovers and submit observations to the
USACE Wilmington District Office the next calendar day.

2.1.3 Construction Schedule
The inclement weather typically encountered during the winter months offshore the northern outer banks makes
dredging difficult and often reduces dredging efficiencies, especially when cutterhead dredges are used. Elevated
sea states poses a substantial safety risk to crews and equipment, while weather-related down times raise costs and
reduce efficiency. As such, the Town proposes a year-round construction window with a high likelihood that
construction would occur during the calmer and safer summer months. A year-round construction window would
provide the contractor the most flexibility and provide a safer and more economical work environment. To allow
for the greatest scheduling flexibility, no start and end date will be specified; rather, this will remain at the
discretion of the contractor, and will be based on equipment availability and weather conditions. The Duck project
could be constructed independently, or concurrently with the other three towns' projects. Based on estimated
production rates, the Duck project will likely require approximately 2.5 months if constructed independently. If all
four projects are constructed concurrently, the entire project would likely be completed within 5 months . These
timeframes are based on the production rates for hopper dredges achieved during the 2017 multi-town project and
the 2010-2011 Nags Head project.
2.1.4 Borrow Area and Sediment Analysis
Beach quality sand would be dredged from an Outer Continental Shelf borrow area using a self-contained ocean-
certified hopper dredge, a cutterhead pipeline dredge, or a combination of the two. The borrow area, "Borrow
Area A" was previously used during the 2017 Dare County Multi-Beach Nourishment project and is located
entirely within federal waters, i.e. seaward of the Three Nautical Mile Line, placing it under the BOEMs
jurisdiction (Appendix A, sheets 1 and 2).

Prior to the 2017 nourishment project, Coastal Protection Engineering, Inc. of North Carolina (CPE) conducted a
comprehensive offshore sand search using a systematic methodology involving three sequential phases of
investigation. Phase I involved a comprehensive desktop study that examined previously collected information
within the geologic context of the investigation area in order to identify features with the highest potential of
containing project compatible sand. Results of jetprobe investigations of several shoal features offshore Dare
County conducted by CPE in 2013 as part of a feasibility study for the Town of Kill Devil Hills were also
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considered during this phase. Details of the findings of Phase I can be found in the full geotechnical report
(Appendix C, beginning on page 15). Surveying, sampling and analysis of the Duck native beach was also
conducted during Phase I. In keeping with the requirements set forth in the North Carolina State Sediment Criteria,
shore-perpendicular topographic and bathymetric surveys of the native beach were conducted to determine the
beach profile. The locations of the profiles surveyed by CPE were based on a data set previously collected by the
US Army Corps of Engineers Field Research Facility. CPE surveyed a total of 34 profiles along the Duck
oceanfront in September 2013 and May 2015; 9 of these profiles fall within the limits of the proposed project.
Each profile survey extended from a point 150 feet landward of the vegetation line seaward to an elevation no
less than -25 ft. NAVD88. Characterization of the Duck native beach was generated from samples collected along
five generally evenly-spaced profiles within the project area: profiles D-11, D-13, D-15, D-17 and D-18
(Appendix C, Figure 6). As required by the State Sediment Criteria, samples were taken at thirteen locations along
each profile, including: the dune, toe of dune, mid-berm, berm crest, mean high water, mean tide level, mean low
water, trough, bar crest and at -12.5, -15.0, -17.5 and -20.0 NAVD83. In total, CPE collected 65 samples within
the proposed project area in Duck.

The composite summary and grain size analysis results of these samples are displayed in Table 1 below.
Additionally, the results of sediment analysis for each sediment sample can be found within the Beach Composite
Summary Tables provided in Appendix 4 of the attached Appendix C.

Along with ensuring compatibility of the sand characteristics, the State Sediment Criteria also require
quantification of clasts (rocks and shell) greater than 3-inches in diameter present on the native beach. As such,
CPE conducted a pre-construction survey in June 2020 to determine the background levels of clasts (rocks) greater
than 3-inches that exist along the Town of Duck's oceanfront beach between MLW and the frontal toe of the dune.
Per the updated State Sediment Criteria language, the number of 3-inch clasts were quantified within five (5)
10,000 sq ft.2 sections along the beach. Results identified 267 clasts greater than 3-inches within the survey area.
The criteria stipulate that borrow area material greater than 3-inches in diameter that is placed in the project area
is considered incompatible if it is more than twice the background level that existed on the native beach before
the project began. Since the June 2020 survey, the State has updated their guidance again and now also require a
survey, using the same methodology described above, to determine the total number of sediments greater than or
equal to one inch in diameter. Although this survey has not been conducted at this time, the applicant will perform
it prior to the implementation of the proposed project.

Information gathered during the Phase I archival literature studies regarding the geological setting of the project
area give no indication that hardbottom habitats are present within or in the vicinity of the borrow areas.
Additionally, previous geotechnical and geophysical investigations conducted by the USACE have not indicated
the presence of hardbottoms in the area. Finally, analysis of the sidescan sonar data acquired by CPE for the
present project indicated no presence of hardbottom habitats or consolidated rock exposures or outcroppings
within or in the vicinity of the borrow area.

Phase II investigations involved reconnaissance level geophysical surveys in order to 1) define the extent of
sediment layers identified during Phase I research of past jetprobe data and historic vibracore and surface sediment
data; 2) develop a vibracore plan to be implemented during Phase III investigations, and 3) identify po tential
environmental or cultural resources for avoidance during Phase III vibracore investigations. Results of the
geotechnical investigations, including geophysical (sonar) surveys, vibracores, hydrographic surveys,
archaeological resource surveys and sand compatibility analyses were used to develop the proposed borrow area
design. Design considerations for the proposed borrow area included:

• Construction of the project may be accomplished using a hopper or cutterhead dredge
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• Location of sufficient sand to construct the four proposed beach nourishment projects for the Towns of
Duck, Southern Shores, Kitty Hawk, and Kill Devil Hills
• Beach compatible sand with similar mean grain size and sorting of the project beaches
• Avoidance of environmentally sensitive areas such as hardbottom, seagrass beds, etc.
• Avoidance of potentially significant cultural resources
• Avoidance of nearshore impacts due to wave refraction over borrow areas

The proposed design cuts for Borrow Area A are displayed in sheets 9 and 10 of Appendix A. Borrow Area A
has six design cuts ranging from -58.5 feet to -68 feet NAVD88, amounting to an estimated total dredge-able
volume of 12,829,500 cubic yards. Overall acreage for borrow area A is approximately 1,173 acres. A summary
of the sand compatibility analyses for the borrow area is displayed in Table 1; results indicate the borrow area
contain material deemed compliant with the Duck native beach according to standards set forth in the NC State
Sediment Criteria (15A NCAC 07H.0312). There are no State Standard Allowances for mean grain size or
Munsell color, however these values are listed in the table for comparison between native beach and borrow areas.

Table 1. Results of the compatibility analyses performed for Borrow Area A. Allowable limits for the Town of Duck native beach
are in accordance with Rule 15A NCAC 07H.0312.
Parameter Duck Native Beach Allowable Limits for
Duck Native Beach Borrow Area A
Wet/Dry Munsell Value 5/6 n/a 5/6
Mean Grain Size (mm) 0.33 n/a 0.36
Sorting (Phi) 1.32 n/a 1.47
Silt (%) (<0.0625mm) 1.01 6.01 0.83
Granular (%) (2mm < and
< 4.76mm) 3.89 8.89 1.42
Gravel (%) (>4.76mm) 2.0 7.0 0.47
Carbonate 2.0 17.00 1.0

To determine project impacts on potentially significant submerged cultural resources, Tidewater Atlantic
Research (TAR) carried out a background literature review and supervised a cultural resource investigation of the
proposed borrow areas. The resulting cultural resource report compiled by TAR is provided in Appendix B. A
registered archaeologist from TAR identified 9 magnetic anomalies in the vicinity of Area A, 4 of which were
considered potentially significant (Appendix A, sheet 12). As a result, three buffer areas were established within
Borrow Area A – two are located within the borrow area and one is located partially outside the western perimeter
(Appendix A, sheet 12). These areas will be avoided during dredging.

2.1.5 Summary of Consistency with State Sediment Criteria
Provided below is a summary of how each criteria stipulated in 15A NCAC 07H .0312 Technical Standards for
Beach Fill Standards have been adhered to. Those criteria not considered applicable to the project, such as those
pertaining to projects utilizing a borrow area located in a maintained navigation channel, have been omitted.

Table 2. Statement of consistency with each criteria within the 15A NCAC 07H .0312 Technical Standards for Beach Fill
Standards, and location of information within the supporting documentat ion.
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Section (15A
NCAC 07H
.0312)
Description Statement of Consistency:
(1)(c) Topographic and
Bathymetric Surveys
Shore-perpendicular bathymetric and topographic surveys of the beach, were
conducted in Sept. 2013 and May 2015 along transects spaced approximately
1,000 ft. apart within the project area. Please refer to Dare County, NC Duck
- Kitty Hawk - Kill Devil Hills 2015 Hydrographic and Topographic Survey
Report (Appendix D) for a description of methodology and cross section
plots.
(1)(d) Beach Sediment Sampling
Locations
13 sediment samples were collected from 5 representative beach profiles
along the project area, spaced approximately 2,000 ft. apart. Samples were
taken from each of the morphodynamic zones specified: 1 sample was
collected at MLW and 6 samples were collected both seaward and landward
of the MLW. Please refer to Beach Characterization section under Phase 1
Investigations in Appendix C: Comprehensive Marine Sand Search and
Borrow Area Design Report
(1)(e)
Values for four (4) Sediment
Grain Size Categories
(Individual Samples)
Mechanical sieve analysis was performed on each of the samples. The
percent by weight of each of the 4 grain size categories (fine, sand, granular,
and gravel) for each individual sample is provided in the Percentage of
Material by Sediment Grain Size Category table in Appendix 4 of the
Comprehensive Marine Sand Search and Borrow Area Design Report
(Appendix C).
(1)(f)
Composite Values for four
(4) sediment grain Size
Categories
Composite values of the percent by weight of each of the 4 grain size
categories were developed. Please refer to the Percentage of Material by
Sediment Grain Size Category table in Appendix 4 of the Comprehensive
Marine Sand Search and Borrow Area Design Report (Appendix C)
(1)(g) Percent Calcium Carbonate
Carbonate analysis was performed on a composite sample of all sediment
samples along each of the 5 profiles. Please refer to the Profile Line
Composite Summary Table in Appendix 4 of the Comprehensive Marine
Sand Search and Borrow Area Design Report (Appendix C).
(1)(h) Total Number of Clasts > 3
inches (76 mm) in diameter
In June 2020, as per the updated State Sediment Criteria language, CPE
conducted a survey to quantify the number of 3-inch clasts within five (5)
10,000 sq ft.2 sections along the beach. Results identified 267 clasts greater
than 3-inches within the survey area.
(2)(c) Seafloor Bathymetry and
Sonar Imagery
Over the course of two surveys (June 2014 and October 2014) seafloor
surveys were conducted such that 100 percent coverage of each submarine
borrow area was obtained. Both single beam bathymetry and high resolution
sides scan sonar imagery were collected. Please refer to descriptions of the
Phase II Investigations and Phase III Investigations in the Comprehensive
Marine Sand Search and Borrow Area Design Report (Appendix C).
(2)(d)
Geophysical imaging of
seafloor subsurface
(Subbottom Survey)
Over the course of two surveys (June 2014 and October 2014) geophysical
imaging of the seafloor subsurface was used to characterize the submarine
borrow area. A sub-bottom profiler was used to survey tracklines spaced
approximately 30-m apart, which greatly exceeds the state standard. Please
refer to Phase II Investigations and Phase III Investigations in the
Comprehensive Marine Sand Search and Borrow Area Design Report
(Appendix C).
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(2)(e) Vibracore Spacing, Number,
and Recovery Depth
Sediment sampling of Borrow Area A used a 271B Alpine Pneumatic
vibracore, configured to collect undisturbed sediment cores up to 20 ft. in
length. Material is fed into a 3-inch diameter plastic core liner, which is split
and sampled. Vibracores were collected at 1,000-foot spacing. 51
vibracores were collected within Borrow Area A for an average acreage per
core of 23. Refer to figures 21 and 22 in the Comprehensive Marine Sand
Search and Borrow Area Design Report (Appendix C) for spacing of
vibracores within each borrow area. All vibracores within a given borrow
area cut section penetrated and recovered material from below the proposed
cut depth (i.e. all vibracores within a section marked cut to -65 ft. recovered
material from at least a depth of -65 ft.) Please refer to Figures 21 and 22
and the vibracore logs in Appendix 11 of the Comprehensive Marine Sand
Search and Borrow Area Design Report (Appendix C) to verify depths
recovered.
(2)(g)
Grain size analysis of
individual vibracore samples
and borrow area composites
Mechanical seive analysis was performed on each of the samples. The
percent by weight of each of the 4 grain size categories (fine, sand, granular,
and gravel) for each individual sample is provided in the Percentage of
Material by Sediment Grain Size Category table in Appendix 16 of the
Comprehensive Marine Sand Search and Borrow Area Design Report.
Weighted composite values of the percent by weight of each of the 4 grain
size categories were developed for each core and ultimately composite
values were developed for the borrow area. These composites are also
provided in the Percentage of Material by Sediment Grain Size Category
table in Appendix 16 of the Report. Summary values for each borrow area
are provided in Table 6 of the report.
(2)(h) Vibracore calcium carbonate
composites
Carbonate analysis was performed on each vibracore sample. A weighted
percent calcium carbonate value was computed for each vibracore. These
values were used to determine the weighted percent calcium carbonate
composite value for Borrow Area A. Please refer to the Cumulative Percents
and Computed Distributions table in Appendix 16 of the Report (Appendix
C) for individual sample percentage and weighted composite vibracore
percentage. Please refer to the Composite Data Table in Appendix 16 of the
Report for weighted composite vibracore and borrow area percentage.
Summary values for each borrow area can also be found in the text of the
Report in Table 6.

(3)(b) Fine-Grained Size Sediment
Compatibility
The average percentage by weight of fine-grained sediment in each borrow
site does not exceed the average percentage by weight of fine-grained
sediment of the recipient beach characerization plus five percent. See Table
1 of the project narrative, and Table 6 of the Comprehensive Marine Sand
Search and Borrow Area Design Report (Appendix C).
(3)(c) Granular Size Compatibility
The average percentage by weight of granular sediment in each borrow site
does not exceed the average percentage by weight of fin e-grained sediment
of the recipient beach characerization plus five percent. See Table 1 of the
project narrative, and Table 6 of the Comprehensive Marine Sand Search and
Borrow Area Design Report (Appendix C).
(3)(d) Gravel Size Compatibility
The average percentage by weight of gravel in each borrow site does not
exceed the average percentage by weight of fine-grained sediment of the
recipient beach characerization plus five percent. See Table 1 of the project
narrative and Table 6 of the Comprehensive Marine Sand Search and
Borrow Area Design Report (Appendix C).
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(3)(e) Calcium Carbonate
Compatibility
The average percentage by weight of calcium carbonate in each borrow site
does not exceed the average percentage by weight of fine-grained sediment
of the recipient beach characterization plus 15 percent. See Table 1 of the
project narrative and Table 6 of the Comprehensive Marine Sand Search and
Borrow Area Design Report (Appendix C).

(4)(a) Sediment Excavation Depths
All vibracores within a given borrow area cut section penetrated and
recovered material from below the proposed cut depth (i.e. all vibracores
within a section marked cut to -65 ft. recovered material from at least a depth
of -65 ft.).

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2.2 Per Form MP-1, Section 6d: A copy of the deed (with state application
only) or other instrument under which the applicant claims title to the
affected properties.
The applicant is currently in the process of securing necessary easements.

2.3 Per Form MP-1, Section 6k: A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A 1-10) if necessary.
The applicant has submitted an Environmental Assessment to comply with the NC Environmental
Policy Act.

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2.4 Adjacent Riparian Owner Return Receipts
Adjacent riparian owner notifications were sent via certified mail. Return receipts for Walter Kirk
have not been received but will be provided to DCM when received. The receipt showing the
package was sent Certified Mail is included below.

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2.5 Per Form MP-1, Section 6h and 6j: Signed Agent Authorization Form and
signed AEC Hazard Notice.

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Application for Major Development Permit
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Appendix A: Work Plans

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Appendix B: Professional Archaeological Assessment

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Appendix C: Geotechnical Report

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Appendix D: Survey Report