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Town of Duck, NC
Route 12 (Duck Road) Sidewalk and Shoreline Resiliency Project
August 2022
AUG I q 2022
Attachment A
Geologist Assessment Report of Shoreline
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Geotechnical Engineering Report Terracon
NC Hwy 12 Stormwater and Roadway Improvements ■ Duck, Dare County, NC
Terracon Project No. K5225042
Planned Construction
Item
Information Provided Project grading and cross section plans sheets XS-1 thru XS-7, C2.2, and
C4.1 thru C4.4 dated August 31, 2021
The project includes the reconstruction of a portion of NC Hwy 12 with new
Project Description super -elevations, slormwater management areas (infiltration basins and/or
subsurface infiltration structures) as well as a new sidewalk boarding the
Currituck Sound (subject of this proposal).
Finished Grade Estimated to range from corresponding with existing grades to 36 inches
Elevation I above existing grades.
Geotechnical Assessments
The requested scope of services included six (6) hand auger borings as well as infiltration testing
at each boring location within the proposed sidewalk alignment. In an attempt to complete the
requested scope of services, the proposed boring and test locations were staked in the field and
subsequently NC 811 utility locating was requested.
Following the completion of the subsurface utility locating, a Terracon representative visited the
project site to observe the marked utilities to determine if any conflicts were present in the vicinity
of the staked locations. Based on our site observations, several subsurface utilities (3 phone/fiber
lines and a water line) were noted to have been identified/marked throughout the proposed
sidewalk alignment area. More specifically, two (2) of the marked phone/fiber and the water
utilities were marked within the sidewalk alignment and the third phone/fiber line was noted to
meander from the sidewalk alignment and into the rip -rap stabilized shoreline. Furthermore, each
of the marked utilities within the proposed sidewalk alignment were noted to be within 1.5 feet (or
less) than the staked boring/test locations. As such, spot digging was attempted at several of the
boring/test locations in an attempt to more accurately locate the utilities. At each of the attempted
spot dig locations, rip -rap was encountered at 6 inches (or less) below existing grades.
Given the extent of subsurface utilities present within the sidewalk alignment as well as the
presence of near surface or shallow subsurface rip -rap, the requested borings and infiltration
testing could not be completed. Furthermore, the presence of rip -rap at the spot dig locations
indicates that the sidewalk alignment contains non -virgin, near surface conditions that are
possibly associated with the shoreline stabilization previously constructed.
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DEC
STATE OF NORTH CAROLINA F"'"1 `3EECTION 711111D
DEPARTMENT OF TRANSPORTATION
Roy COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY
December 18, 2020
RE: Building Resilient Infrastructure & Communities Grant, Town of Duck Living
Shoreline and N.C. Highway 12 Resiliency Project
To Whom It May Concern:
I am writing in support of a Building Resilient Infrastructure & Communities (BRIC)
grant application submitted by the Town of Duck for construction of the Town of Duck
Living Shoreline and N.C. Highway 12 Resiliency Project.
There are several important issues that the Town of Duck's Resiliency Project plans to
address:
• Over the past 20 years, this area in the northern portion of Duck Village has seen
substantial erosion of established marsh vegetation along the Currituck Sound that
provides protection from erosion of adjoining properties and N.C. Highway 12. In
substantial portions of the project area, the width of the marsh has been reduced to
virtually nothing as the Sound directly abuts a rip -rap border installed by the N.C.
Department of Transportation to help protect the adjoining highway.
• This section of N.C. Highway 12 has a low elevation (2.5 feet msl) and routinely
experiences surge flooding from Currituck Sound that prohibits north -south travel
within the Town, blocking the only storm evacuation route, daily travel, emergency
vehicles, and pedestrian and bicycle travel. Because of the low elevation of the
roadway in this area, its close proximity to Currituck Sound, and the loss of abutting
marsh, this stretch of N.C. Highway 12 has become more vulnerable to closure due to
flooding. This trend is expected to continue in the future as the effects of climate
change and sea level rise exacerbate this situation. When this stretch of N.C.
Highway 12 is blocked due to flooding, access is restricted to all properties northward
in the Town of Duck and Currituck County (totaling 10,088 parcels of land, 6,256
dwelling units, and a population of 64,435 during peak tourist season).
• Particularly during the summer months, Duck Village (the walkable commercial hub
of the community) is frequented by tens of thousands of weekly visitors, day-trippers,
and residents. N.C. Highway 12 provides primary pedestrian and bicycle access to
businesses and other destinations in Duck Village. Presently, many of these visitors
are forced to walk or bike directly along the shoulder on the west side of the highway,
a situation that can be both unsafe and uncomfortable for pedestrians, cyclists, and
vehicles alike.
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION ONE
113 AIRPORT DRIVE, SUITE 100
EDENTON, NC 27932
Telephone:[phone]
I,'=: [phone]
Customer Service: 1-877-368A968
Wehsite: w mcdot.gov
Location:
I B AIRPORT DRIVE, SUITE 100
EDENTON, NC 27932

Easements
vhb.
j RECEIVED
I
DEC 0 62022
®CM-MHD CITY

BK 2596 PG 230 - 298 (69) DOC# 700114075
This Document eRecorded: 02/28/2022 03:29:02 PM
Fee: $242.00 Excise Tax. $0.00
Dare County, North Carolina Transfer Tax: $0.00
Cheryl L. House, REGISTER OF DEEDS
Space Above This Line For Recording Date
EASEMENTS
(North Duck Village Living Shoreline Project)
Ratuill to Grantee
Excise Tax: $-0- Tax Parcel: 009744086
T a safer Tax: S-0-
NORTH CAROLINA
DARE COUNTY
THIS EA EMENT AGREEMENT (this 'Aareemenf) is made and entered in;., as of the
!4; day of #-46rue 20 Li (the "Efrective Date'), by the DUCK RIDGE SHORES CIVIC
L=.AGUE, INC., a Nort arollna nonprofit corporation (ths'Granto ); and the TOWN OF DUCK,
a North Carolina municipal corporation, PO Box 8359, Duck, NC 27949 (the "Town'? (Grantor and
Town may be individually referred to as a "agai , and collectively as the 'Pa ies j, and consented
to by the present lot owners of the Duck Ridge Shores Subdivision,
Premises
A. The :'mn is developing plans for a shoreline stabilization project along, across
and adjacent to the Currituck Sound, a portion of which is to be located in, on or adjacent to that
certain property over which Grantor holds certain rights, located in Dare County, North Carolina
as shown on Duck Ridge Shores Property recorded In Dare County Plat Book 6, Page 35, Parcel
0 009744066, which has a Parcel Identification Number (PIN) of 985911771156 (the Property)
as shown on Exh bit A.
B. Such improvements are being developed for tire purposes of improving water
quality In Currituck Sound, erosion control, reestablishment of natural marsh habitat, and
st creline protection for adjoining private properties and ruir.-8c resources including NC Highway
12 and sidewalks,
NONEXCLUSIVE PERPETUAL PRIVATE EASEMENT
A, Grantor desires to grant to the Town a nonexclusive perpetual private easement
of er certain lands for the uses and purposes set forth hereki.
RECEIVED
submitted electronically by "Gray & Lloyd, LLP"
in compliance with North Carolina statutes governing recordable documents DEC 0 G 2022
and the terms of the submitter agreement with the Dare county Register of Deeds.
DCM-MHD CITY

BK 2596 PG 231
DOC# 700114075
8. The Easement Area in more particularly described so those nonexclusive riparian
areas required for purposes of construction of sills 01, 2, 3, 4, 5, and 6, 'the Shoreline Protection
Improvement System' as shown on the N�12 Shoreline and Resiliency Project Site Plan, Plan
Sheet 04.2 dated December 18, 2020, prepared by VHS Engineering NC, PC, as revised and
attached Exhibit X. This grant does not authorize further construction or development in these
riparian areas or allow limitation of the property's inclusive riparian rights by the Town or any of
the Town's contractors or designees. The Shoreline Protection Improvement System shall be
constructed and maintained at the Town's sole cost and expense.
Nonexclusive Perpetual Easement Agreement
NOW, THEREFORE, for and in consideration of the premi.,es and other good and
vr:luable consideration, the raceipt of which is hereby acknowledged, the parties agree as follows:
1, Grant of Easement. Grantor hereby ,grants to the Town a nonexclusive perpetual
and permenant right and easement over Easement Area i for the construction and maintenaacs
of the ShorelinA Protection Improvement System, West of the mean high-water mark of the
Cunituck Sound.
2• Scooe of Easement.
a. The assetnent rights herein conveyed include surface, subsurface and air
nabs iC:' thi eolo purpose of construction and malntenanoo9 of the Shoreline Protection
Improvement System as shown and defined in Exhibit X, and not for access by the general public,
b, The Tomi ehail have a temporary access; easement (the "Access
Easement`) to Easement Area 1 for the purpose of developing, constructing, reconstructing,
replacing ano maintaining the living shoreline. Thw Access Easement Z)h^ll be limited to the
following property:
Easement Hrea :1 ;and
(it) Tho riparian. areas ('Riparian; Access Ana') located west of the
property shown on Exhibit A, with the southeaotern boundary line of the Riparian Acoe: s Area
being the nortlnw.stem boundary Tina of the property shown and defined on Exhibit A.
c. If reasonable access by the Town to Easement Area I is unavailable by
the Axass Eassnnant defined above, Grantor will grant to the Tov>n reasonable temporary acceaz
to Easement Area I at a location(s) as mutually agreed upon by the Parties, provided, the Town
shall (a) to the extent possible, utilize existing roads, water and other exioting easements for such
purposes, (b) repair any damage resulting from such access. and (c) execute a supplemental
instrument delineating an appropriate access route to provide the agraod access.
70 HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town,
IN successors and assigns, for the purpose: set forth herein.
RECEIVED
DEC 0 G 2022
I)CM-MHD CITY

BK 2596 PG 232 DOC# 700114075
n.
NONEXCLUSIVE PERPETUAL PUBLIC EASEMENT
A. Grantor desires to grant to the Town a perpetual public easement over certain
lands within the Property, for the uses and purposes set forth herein.
B. The Easement Area II is more particularly described ae: ;fe}, eastern 5 feet of the
t•�rttw t: 135 feet of the Property and shown on 5Rhlblt B.
Nonexclusive Perpetual Public Easement Agreement
NOW, THEREFORE, for and in consideration of the premises and other good and
valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. Grant of Easement. Grantor hereby gives and grants to the Town a perpetual,
nonexclusive and permanent public right and easement over the Easement Area 11, for the
construction and maintenance of a public sidewalk and associated side slopes and tie -Ins (the
"Sidewalk Imorovemente). The Sidewalk improvements shall be constructed and maintained at
the Town's sole cost and expense.
2. SCppa of Easement. The easement rights herein conveyed include surface.
subsurface, and air rights for the sole purpose of construction and maintenance of the Sidewalk
Improvements and access by the public for pedestrian use only on the Sidewalk Improvements.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement cf;ar the Town,
Its successors and assigns, for the purposes set forth herein.
3. Grantor's Rieht to Grant Easements. Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights -of -way for underground
utilities within the Easement Area II for the benefit of the Grantor's land adjacent to the Easement
Area It, at such locations and In such manner as such easements do not interfere with the use of
the Easement Area II as set forth herein and provided Grantor repairs any damage to the
Easement Area ii resulting from the implantation of such utilities.
4. Maintenance of Easement Area. The Town shall be responsible, at its sole cost
and expense, for maintaining the Easement. Area li in accordance with the purposes set forth
herein, including construction and maintenance of the sidewalk, removal of trash, waste and litter.
5. 11G, mnifiaation of Grantor, To the fullest extent permitted by law, the Town shall
defend, indemnify and hold harmless Grantor, and Grantor's heirs, successors and assigns, from
and against all claims, demands, loss and damage by third parties arising out of or rotating to use
of the Easement Area II by the public, provided such claims do not result from the acts, negligence
), "ii:+"u^ misconduct of Grantor or Grantor's heirs, successors or assigns.
iONEXCLUSIVE PERPETUAL PRIVATE EASEMENT
A. Grantor desires to grant to the Town a nonexclusive perpetual private easement
over certain lands vric,r. the Property, the Easement Area -d for the uses and purposes set tip
herein,
RECEIVED
HC Q G 2022
DCM_ MID CITY

BK 2596 PG 233 DOG# 700114075
a. 111v. Easement Area Is more particularly described as: Thy eastern 15 feet ;i'
the : s:i:-h a` 00 feet of the Property and shown on Exhibit C.
Nonexclusive Perpetual Private Easement Agreement
NOW, THEREFORE, for and in consideration of the premises and other good and
valuable consideration, the receipt of which Is hereby acknowledged, the parties agree as follows:
1. Grant of Easement. Grantor hereby gives and grants to the Town a perpetual,
nonexclusive and permanent private right and easement over the Easement Area III, for the
construction and maintenance of riprap revetment shoreline stablIbmtion Improvements (the
"Revetment Improvements') and access to Easement Area 1, The Revetment Improvements shall
be constructed and maintained at the Town's sole cost and expense.
2. Scope of Easement. The easement rights herein conveyed include surface,
subsurface, and air rights for the sole purpose of construction and maintenance of the Revetment
Improvements.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town,
its successors and assigns, for the purposes set forth herein.
3. Garantor's Rinht to Grant Easements, Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights -of -way for underground
u'.ilities within the Easement Area for the benefit of the Grantor's land adjacent to the Easement
Area, at such locations and in such manner as such easements do not interfere with the use of
the Easement Area as set forth herein and provided Grantor repairs any damage to the Easement
Area resulting the implantation of such utilities.
4. Maintenance of Easement Area, The Town shall be responsible, at its sole cost
and expense, for maintaining the Easement Area in accordance with the purposes sat forth
herein, including construction and maintenance of the riprap revetment, removal of trash, waste
and litter.
IV.
NONEXCLUSIVE TEMPORARY CONSTRUCTiiti',' PRIVATE EASEMENT
A. Grantor desires to grant to the Town a nonexclusive temporary private
construction easement over the Easement Area IV for the uses and purposes set forth herein.
a. The Easement Area IV is more particularly described as: The eastern 15 feet of
the southern 120 feet of the Property and shown on Exhibit D f"Vegetatlon Removal Arga"1
Nonexclusive Temporary Construction Private Easement Agreement
NOW, THEREFORE, for and in consideration of the premises and other good and
valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. Grant of Easement. Grantor hereby gives and grants to the Town a temporary,
nonexclusive and private right and easement over the Easement Area IV, for the removaf of
Invasive vegetation and the planting of indigenous vegetation within the Easement Area (the
RECEIVED
DEC 0 G 2022
I)GM_M HD CITY

BK 2596 PG 234 DOC# 700114075
`Vegetation Immovemgnts"). The removal of the invasive vegetation and planting of the
Vegetation Improvements shall be completed at the Town's sole cost and expense. Indigenous
vagytatlon plantings will be monitered and maintained for a period of one year by the Town. The
term otthis easement is limited to two years from the date of construction Initiation.
2. SWJ& of Easement. The easement rights herein conveyed include surface,
subswfaoe, and air rights for the sole purposa of construction and maintenance of the Vegetation
Improvements.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement un-'o the Town,
its successors and assigns, for the purposes set forth harein.
3. Additional V"soetation Removal to be I nvestlnated. As requested by Grantor, Town
agrees ti consult with applicable State and Federal permitting agencies (the "Permitting
metes') to determine whether my of the existing vegetation located west of the Vegetation
Removal Area (the "Additional VeAgtattQ,r Area'y can be remove from the Property. If Town
receives all necessary approvals from the Permitting Agencies to remove existing vegetation from
the Additional Vegetation Area, Town agrees to perform a nne-time removal of such existing
vegetation ss identified in any permits issued by tho Permitting Agences at the Town's sole cost
and expense. If this work is approved by the Permitting Agencies, this would be a one-time
removal to be perfoimed by the Town, the Town will have no further obligation to nontinue to
maintain or removo va0ats,tion from the Additional Vegetation Area in the future.
4. Easement Area DeW.i0on Modification or Clarifleation. The Parties understand
and agree that the Easement Area IV shown on the attached &hIbIt 0 was prepared for the
purpose of accomplishing the Vegetation, Improvements (Temporary Construction Private
Casement Agreement Paragraph 1). The Parties understand and agree that if Additional
Vegetation Removal (Temporary Construction Private Easement Agreement Paragraph 3) is
approvorf by the nacessary Permitting Ayencieu, the Easement Aron will be modified to
aocommod^,te this work, as mutually agreed upon by tho Parties, The Parties understand and
acknowledge that the Permitting Agencies have the option to impose mandatory conditions
(`Mandatory Conditions') assoriated with buoh permits, in which rase the Town will notify the
Grantor of such Mandatory Conditions and rrquest a decision from the Grantor on whether the
Grantor wants the Town to proceed with such work as toodified by such Mandatory Condtionc.
TERMS FOR ALL Fj\SEMENTS
1 fwht to Construct. The Town shall have the right to construct tha shorEgno
stabilization and related improvements contemplated and authorized by this Agreement pursuant
to Articles I, II, ill and IV. If constructed, the shorelirra stabilization and related Improvements will
be constructed in accordance with the plans and spsciffcatlom, as provided by the rown's
engineers so shown on the NC-12 Shorefine and Resiliency Size Plan dated December 18, 2020,
prepared by VHB Engineering NC, PC. Once constructed, the Town shall have the right to
maintain, reconstruct anti remove the shoreline stabilization and related improvements
contemplated and authorize by this Agreement pursuant to the provisions of Articles I, 11, 111 and
IV. If construction of the improvements contemplated pursuant to this Easement Agreement are
not Initiated by January 1, 2023, then this Easement Agreement will automatically terminate, and
the Town must promptly vacate each of the Easement Areas granted herein i,-t their entirety.
RECEIVED
DEC Q 6 2022
DCM-I! HD CITY

BK 2596 PG 235 DOC# 700114075
2. No Effect on Property Develooment RIghits. Grantor retains its present ownership
of the Easement Areas described above, subject to the easement rights granted to the Town
herein. Grantor, for itself and its successors and assigns, reserves the right to construct, maintain,
renovate, and reconstruct, at Grantor's sole cost and expense, structures within the Easement
Areas described above for the benefit of Grantor, at such locatlons and in such manner provided
such improvements do not interfere with the Town's improvements within the Easement Areas as
set forth herein. Grantor shall be responsible to repair any damage to any structural or other
Improvement made by the Town to the Easement Area resulting from any construction,
maintenance, renovation, reconstruction and use of such Improvement by Grantor.
3. DAM008 19 Existino Improvements. Prior to the effective date, Grantor has
installed or placed on the Property the following: benches, kayak storage racks, and landscaping
(the, "Existing Improvements"j. The Tovm agrees that if any of the Existing Improvements are
damaged as a result of the T'own's construction and maintenance activities performed on any of
the Easement Areas under this Agreement, the Town or its agents or contractors wig repair the
damage at the sole cost of the Town. It is expmsly understood and agreed that the repair
obligatlon of the Town under this specific Section 3 does not include damage to any landscaping
that existing as of the effective date that the parties have agreed pursuant to other provisions of
this Agreement will be removed and/or replaced by the Town as part of this proje ,t.
4. Condition of Property and Title. Grantor makes no representations or warranties
vrnatsoever, whether express or implied, with respect to the condition of or title to the Property.
Tne Town agrees to accept each Easement Area, AS IS, in its present legal and physical
condition.
5. Qaygrabiiity. Every provision of this Agreement is intended to bo severable. If
any term or provision hereof is illegal or inva!td for any reason whatsoever, such illegality or
iirvalidity shall not affect the validity of the remainder of this Agreamerit.
6. Suit bats, in We event either party shall institute an action to enforce the
provisions of this Agreement, the party prevailing in such action, whether by adjudication,
arbitration, or settlement, shalt be entitled to recover suit costs, including reasonable attomay's
fees, from the other party.
7. 6gQLCa1bIp Law. This Agreement shall be construed and interpreted under the Laws
of the Stnto of North Carolina.
8. Partie_c. This Agreement shall be binding upon and Inure to the benefit of the
parties hereto and their respective heirs, successors and assigns. As used herein, words in
singular Include the plural and the rriesculine, includes the feminine and neuter genders, as
appropriate.
S. Notices. Notices hereunder shall b3 effective and doomed given when deposited
in the United States Mails, postage prepaid, registered or certifled mail with return receipt
requested. Alternatively, the party may use a nationally recognized overnight delivery service,
Notices shall be addressed to each party at the mailing address shown on page 1 of this
Easement Agreement or, in the case of the Grantor or Grantor's heirs, successors or assigns, the
blaing address for the then owner of Grantor's property as shown in the Dare County tax records.
Any party may change the address to which such notices are to be addressed by giving each
outer party notice In the manner herein se; forth.
AFECEIVED
DEC 0 6 2022
DCM-MHD CITY

BK 2596 PG 236 DOC# 700114075
10. Non-evaiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same
or any other provision of this Agreement.
11. Sgunteroan, This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute but one and the
same instrument.
12, tLeadings. The headings, subheadings and captions in this Agreement and in any
exhibit hereto are for reference purposes only and shall not affect the meaning or interpretation
of this Agreement
13. Entire Agreement. This Agreement contains the entire Agreement between the
parttles hereto with respect to the subject matter hereof and supersedes and nullifies nil
negotiations, prior discussions, agreements, arrangements and understandings, written or oral,
relating to the subject matter hereof.
14. Termination of Prior Ea R Pot The execution of this Agreement officially
terminates the previous easement dated September 25, 2020 recorded at Book 2418, Page 490,
Dare County Registry between Duck Ridge Shores Civic League and the Town of Duck, and
daclaros that such easement is released and shall be of no further force and effect,
15. Amendments. This Agreement may not be amended except by written Instrument
duy executed by or on behalf of all the parties hereto.
18. Definition of Private Easement. For purposes of this Agreement, the term "private
easement" shall mean an easement that is not open for access or use by members of the public
on private property but is an easement whose Improvements by the Town as described in this
Agreement are for a public purpose and are funded or paid for using public funds.
17. Procedure to Procure Mu"[ Agreement. In any instance in this Agreement where
the Parties have expressly agreed to seek or procure mutual agreement in the future on a stated
aspect of this Agreement, the following procedure will be used. The party requesting or proposing
a tens to be added to or modified in this Agreement (the "Requesting Party') shell provide written
notice of such request (the 'Request") to the other party (the 'Receiving Party') using q) the
'Notes" provision of Section 9 of this Agreement, or (ii) hand -delivery, or (ii) electronic mail to the
Receiving Party using one or more electronic mail addresses on file with the Requesting Party
(or, in the case of the Town as the Receiving Party, the electronic mail address for the Town
.Manager provided on the Town's web site). The Receiving Party shall provide a written response
to the Requesting Party within forty-eight (48) business hours after receipt of the Request by the
Receiving Party. A failure to respond within such time period shall be treated as a rejection of the
Request. In the case of the Grantor, the Board cf Directors of the Grantor is hereby exclusively
authorized by the Grantor to negotiate and reach agreements with the Town on all such Requests.
The Parties agree to use commercial reasonableness in attempting to reach an agreement on all
such Requests and to promptly respond to such requests. Both Parties agree thattheir responses
to the other Party under this Section 17 shall not be unreasonably withheld, conditioned, or
delayed.
18. Consents- Each of the lot owners in the Duck Ridge Shores Subdivision, by their
attached consent fc�'ia consent to this Easement Agreement.
DEC 06 1,11".
Mm-AR n CITY

BK 2596 PG 237 DOC# 700114075
IN WITNESS WHEREOF, the oarties have executed this Ease:71ent Agreement the day
a,id year first alr=6 wr ttan.
(signatures beyln ;,r, r; ;`ri:.r::de. Page)
RECEIL'M
DEC OG " i ^11�
DCM-dl HD CITY

PG 238 DOC# 700114075
GRANTOR:
GRANTOR:
DUCK RIDGE SHORES CIVIC LEAGUE, INC.,
Carolina nonprofit corporation
BY:
_(SEAL)
Name: �t' ►1, "lyc'Y I
Title:
1-ATE4PUjIrLllfAtU ;GU,\Tr`/CITYoF�jy� �
I certify that the following pc.,rson(s) oen;onzlly appeared before me this day, each
9CItitJ+.liedgin� to roo tt,at.h3 or Sh? or th,�y +'nlUnfarlly �•ignaG th;; fordo' dnc�mwr,i for ih3
P�rpo ei stated therein and in the capaoity I,tdl;atsd: gtgow k _ PA.{ (name).
Witnass my hand and seal thIc Z- day of � 20_2L.
<�N SALty���
•� NOTARY . Z
W S PUBLIC 's m
n EXPIRES Q
gy 10/3112025 2
0y .. ......'f,�Q�.'��
YFAITH a_.,0�
Affix Notary Seal Inside This Box
S�ture of •.
ile
Typed or printed name of Notary Public
Mi.,commission expires:ZfA'r)17,'v 1 5
DEC o 6 2c22
C)CM-MHO CITY

BK 2596 PG 239 DOC# 700114075
IuCA AN
vu�r�y��
(AFFIX TOWN Sf=AL)
ATTE :
AACrman, Town Clerk
FORTH CAROLINA
DARE COUNTY
I. i`r `oiY OA M Nil* Notary Public of the County of i//r1 i and State
aforesaid, certify that Don Kingston personally came before me this day and acknowledged that
ho is Mayor of the Town of Duck, a North Carolina municipal corporation, and that by authority
duly given and as the act of the Town, the foregoing instrument was signed in its name by its
Mayor, sealed with its corporate seal and attested by Lorl Ackerman, its Town Clerk.
Witness my and and seal this v- ciay of _
Kdstiana M. Mckerss
NOTARY PUBLIC
Dare County, NC
My Commission 5xpires November 25, 2023
Affix Notary Seal Inside This Sox
FoyV01w9 2oZ2.
si9VUre ofKot�`.Q/1/�i� •—
Typed or printed name of Notary Public
My commission expires:iLay- it 'l
RFFCF.'�
DEC 0 6
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l)CM-MHD CITY

BK 2596 PG 240
DOC# 700114075
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BK 2596 PG 242
DOC# 700114075
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DEC 0 0 2022
DOM-MHD CITY-

Recorded: 09/30/2020 04:38:47 PM
EXEMPT
DARE COUNTY
LAND TRANSFER JAX
NO. 3150 2,0 $ o
BY: CLAUDIA HARRINGTON
Cheryl L. House, Register of Deeds
Dare County, NC
Fee Amt $26 00 NC Excise Tax: $0 o0
Land Transfer Fee $0 00
BOOK 2418 PAGE 515 (8)
700084831 11
Space Above This Line For Recording Data
EASEMENT
(North Duck Village Living Shoreline Project)
Return to: Joe Heard, Town of Duck
P.O. Box 8369
Duck, NC 27949
Excise Tax: $-0-
Transfer Tax: $-0-
NORTH CAROLINA
DARE COUNTY
Tax Parcels: 009783104
LT Number
DEC n 6 20Z2
DCM-MHD CITY
THIS EASEMENT AGREEMENT is made and entered into as of the t-M day of
A , 20 1-01 by Byrum Family, LLC, whose mailing address is PO Box 8038, Duck, NC 27949,
"Grantor'; and The Town of Duck, North Carolina, a North Carolina municipal corporation, PO Box
8369, Duck, NC 27949, "Town";
WITNESSETH:
WHEREAS, Grantor is the owner of certain property located in Dare County, North Carolina,
which property is more particularly described on Exhibit A attached hereto (the "Easement Area"); and
WHEREAS, the Town is developing plans for a shoreline stabilization project along, across and
adjacent to the Cuff ituck Sound, a portion of which is to be located in the Easement Area; and
WHEREAS, such improvements are being developed for the purposes of improving water quality
in Currituck Sound, erosion control, reestablishment of natural marsh habitat, and shoreline protection for
adjoining private properties and public resources including NC Highway 12 and sidewalks; and
WHEREAS, Grantor desires to grant to the Town a perpetual public easement over the Easement
Area for the uses and purposes set forth herein, and for no other purposes not specifically set out herein.
NOW, THEREFORE, for and in consideration of the premises and the sum of One Dollar ($1.00)
to it in hand paid, the receipt of which is hereby acknowledged, Grantor hereby gives and grants to the
Town a perpetual and permanent public right and easement over the Easement Area, for the construction
and maintenance of shoreline protection improvements, all at the Town's sole cost and expense, subject to
annual budget appropriations or amendments thereto by the Town Council of the Town, including but not

limited to the right to maintain and make improvements to the bank and bed of the Cunituck Sound. The
easement rights herein conveyed include an easement in all rights and interests of Grantor in and to (1)
the Easement Area, including but not limited to surface, subsurface, and riparian rights, and (2) any other
easement areas located on property of adjoining property owners and conveyed to the Town by such
adjoining property owners as part of the shoreline stabilization project, including but not limited to
surface, subsurface, riparian and air rights.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town, its
successors and assigns, for the purposes set forth herein.
GRANTOR AND THE TOWN, for themselves and their heirs, successors and assigns, further
agree as follows:
I. Right to Construct f1iblic Living Shoreline. The Town shall have the right, but not the
obligation, to construct, maintain, reconstruct, expand, contract, and remove the shoreline stabilization
and related improvements contemplated and authorized by this Easement Agreement, all in the Town's
sole and absolute discretion. If constructed, the shoreline stabilization and related improvements will be
constructed in accordance with the plans and specifications as provided by the Town's engineers.
2. Egisernent Area Description Modification or Clarification. The parties understand and
agree that the legal description of the Easement Area shown on the attached Exhibit A is preliminary and
was prepared by the Town for the purpose of applying for permits and approvals to construct the
shoreline stabilization improvements. The parties understand and agree that after any approval and
issuance of permits and approvals for the construction of the shoreline improvements, and after the
necessary survey and engineering work for the improvements have been completed, modifications and/or
clarifications of the legal description of the Easement Area might be necessary. Grantor agrees to
cooperate with the Town by signing and delivering to the Town any reasonable amendment to this
Easement Agreement to effectuate any such non -substantial modification and/or clarification of the legal
description of the Easement Area.
3. Grantor's Right to Grant Easements. Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights -of -way for underground utilities
within the Easement Area for the benefit of the Grantor's land adjacent to the Easement Area, at such
locations and in such manner as may be approved by the Town in the exercise of the Town's reasonable
discretion, provided such easements do not interfere with the use of the Easement area as set forth herein
and provided Grantor repairs any damage to the Easement Area resulting from the implantation of such
utilities.
4. Further Easements for Construction and Maintenance. If reasonable access by the Town
to the Easement Area is otherwise unavailable, Grantor further grants to the Town reasonable access from
time to time to the Easement Area over any remaining contiguous property owned by Grantor for the
purpose of developing, constructing, reconstructing, replacing and maintaining the living shoreline
located or to be located within the Easement Area (but not for access by the general public) for the
purposes set forth herein; provided, the Town shall (a) to the extent possible, utilize existing roads, water
and other existing easements for such purposes, (b) repair any damage resulting from such access, and (c)
upon request of Grantor execute a supplemental instrument delineating an appropriate access route to
provide the agreed access. RF,C t,, ,;: r
2 DEC 0 6 20U
DCM-III HD CITY

5. Maintenance of Easement Area. The Town shall be responsible, at its expense, for
maintaining the Easement Area, including routine and regular trimming, as needed, of vegetation within
three (3) feet from Grantor's pier structure, in accordance with the purposes set forth herein, including
construction and maintenance of the shoreline stabilization improvements, construction and maintenance
of a handicap -friendly access structure to Grantor's pier, and routine and regular removal of trash, waste
and litter. Grantor shall have the right, but not the obligation, to enter the Easement Area to remove litter,
and beautify same in the event the Town fails to perform such functions in a reasonable manner, subject
to approval by the Town, which approval will not be unreasonably withheld. The Town also agrees to
maintain, repair and replace the first 12-15 feet of structurally independent pier walkway if it should be
damaged. Grantor shall provide written notice as described in Provision 14 to Town of said damage and
the Town shall complete repairs within a reasonable time frame.
6. Indemnification of Grantor. To the fullest extent permitted by law, the Town shall
defend, indemnify and hold harmless Grantor, and Grantor's heirs, successors and assigns, from and
against all claims, demands, loss and damage by third parties arising out of or relating to use of the
Easement Area by the public, provided such claims do not result from the acts, negligence or willful
misconduct of Grantor or Grantor's heirs, successors or assigns.
7. No Effect on Property Development Rights. Grantor retains fee simple ownership of the
title to the Easement Area, subject to the rights granted to the Town herein, for the specific purpose of
allowing the land within the Easement Area to be improved with permitted structures on Grantor's land
abutting the Easement Area, as may be allowed under current or future Town, State and Federal
development standards.
8. Condition of Property and Title. Grantor makes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement Area,
which property the Town agrees to accept, AS IS, in its present legal and physical condition.
9. Grantor's Right to Construct Public or Private Pier. Subject to permits and approvals
required from local, State and/or Federal agencies, Grantor, for himself and his successors and assigns,
reserves the right to construct, maintain, renovate and reconstruct, at Grantors sole cost and expense, a
public or private pier from Grantor's other property adjoining the Easement Area into the Currituck
Sound, for the benefit of the Grantor's land adjacent to the Easement Area, at such locations and in such
manner as may be approved by the Town in the exercise of the Town's reasonable discretion, provided
such public or private pier does not interfere with the use of the Easement Area as set forth herein, and
provided Grantor repairs any damage to the Easement Area resulting from the construction, maintenance,
renovation, reconstruction and use of such public or private pier.
10. Grantor's Right to Limit Access to Private Pier. With regard to any private pier owned by
Grantor existing on the date of this Easement Agreement, or any private pier constructed by Grantor into
the Easement Area pursuant to the terms and conditions of this Easement Agreement, Grantor, for itself or
themselves and their successors and assigns, reserves the right to install and maintain, at Grantor's sole
cost and expense, a locked gate at the locations on the Town's sidewalk which connect to Grantor's
private pier within the Easement Area, as a way to deter users of the Town's sidewalk from accessing
Grantor's private pier. The parties understand and agree that the existence of such locked gates shall
DOM.M HD GITY

serve solely as a deterrence to members of the public from trespassing onto Grantor's private pier, and
such locked gates shall be no guarantee that such trespassing will not occur.
IL . Severability. Every provision of this Agreement is intended to be severable. If any term
or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not
affect the validity of the remainder of this Agreement.
12, Applicable Law. This Agreement shall be construed and interpreted under the laws of
the State of North Carolina.
13. Parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns. As used herein, words in singular include the
plural and the masculine includes the feminine and neuter genders, as appropriate.
14. Notices.. Notices hereunder shall be effective and deemed given when deposited in the
United States Mails, postage prepaid, registered or certified mail with return receipt requested.
Alternatively, the party may use a nationally recognized overnight delivery service. Notices shall be
addressed to each party at the mailing address shown on page I of this Easement Agreement or, in the
case of the Grantor or Grantor's heirs, successors or assigns, the billing address for the then owner of
Grantor's property as shown in the Dare County tax records. Any party may change the address to which
such notices are to be addressed by giving each other party notice in the manner herein set forth.
15. Non -waiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or any
other provision of this Agreement.
16. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute but one and the same
instrument.
17. Headings. The headings, subheadings and captions in this Agreement and in any exhibit
hereto are for reference purposes only and shall not affect the meaning or interpretation of this
Agreement.
18. Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto with respect to the subject matter hereof and supersedes all negotiations, prior discussions,
agreements, arrangements and understandings, written or oral, relating to the subject matter hereof.
19. Amendments. This Agreement may not be amended or assigned except by written
instrument duly executed by or on behalf of all the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement the day and year
first above written.
(signatures begin on the following page) )- G e,;t
1�E C
L)f;MA4HD CITY

GRANTOR:
BYRUM FAMILY. LLC
BY: EAL)
STATE OF n , . , [ cc&no, COUNTY/CITY OF _ bs
l certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she or they voluntarily signed the foregoing document for the purpose stated therein and
in the capacity indicated: Clifford C. Byrum, Jr., Manager of Byrum Family, LLC, a North Carolina
limited liability company. (Print name)
My commission expires: z
(AFFIX NOTARY SEAL)
Lori A Ackerman
Notary Public
Dare County, NC
My Commission Expires July 28, 2022
f'
r
i nature of Notary Public
Typed or printed name of Notary Public
J) C 0 6
L)CM.MHD CITY

1$
(AFFIX CORPORATE SEAL)
ATTEST:
Lori Ackerman, Town Clerk
NORTH CAROLINA
DARE COUNTY
ff•lvif a
TOWN OF DUCK, NORTH CAROLINA
I,+r1 a Notary Public of the County of (e. and State aforesaid,
certify that Don Kingston personally came before me this day and acknowledged that he is Mayor of The
Town of Duck, a North Carolina municipal corporation, and that by authority duly given and as the act of
the Town, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal
and attested by Lori Ackerman, its Town Clerk.
Witness my hand and official stamp or seal, this e� day of _ _ , 20? .
Signature of Notary Public
Typed or printed name of Notary Public
My commission expires: 7)1?z1W2z- -
(AFFIX N I AK I SIZA RECE!VE
ri A Ackerman
Notary Public DEC 0 6 Ziii..
Dare County, NC
My Commission Expires July 28, 2022 IDCM•MHC CITY

EXHIBIT A
DESCRIPTION OF THE EASEMENT AREA
DEC of) Zi�[7
DCM-MHD CITY

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Recorded: 09/30/2020 04:38:45 PM
BY: CLAUDIA HARRINGTON
Cheryl L. House, Register of Deeds
Dare County, NC
Fee Amt $26.00 NC Fxcise Tax: $0 00
Land Transfer Fee$0 00
XEmPT
DARE COUNTY BOOK 2418 PAGE 499 (8)
LAND TRANSF AX uu II NN
70008482e IIII�I�1�I�11�III III
Space Above This Litre For Recording Data
EASEMENT
(North Duck Village Living Shoreline Project)
Return to: Joe Heard, Town of Duck ]FC it ( ZOl7
P.O. Box 8369
Duck, NC27949 -OCiVW 4HD CITY
Excise Tax: $-0- Tax Parcel: 029292000
Transfer Tax: $-0- LT Number
NORTH CAROLINA
DARE COUNTY
,t THIS EASEMENT AGREEMENT is made and entered into as of the i 8� day of
1" aNN,,,,_, 20 z 0, by Colony by the Sea Partnership, whose mailing address is PO Box 164, Clayton,
NC 27528, "Grantor"; and The Town of Duck, North Carolina, a North Carolina municipal corporation,
PO Box 8369, Duck, NC 27949, "Town";
WITNESSETH:
WHEREAS, Grantor is the owner of certain property located in Dare County, North Carolina,
which property is more particularly described on Exhibit A attached hereto (the "Easement Area"); and
WHEREAS, the Town is developing plans for a shoreline stabilization project along, across and
adjacent to the Currituck Sound, a portion of which is to be located in the Easement Area; and
WHEREAS, such improvements are being developed for the purposes of improving water quality
in Currituck Sound, erosion control, reestablishment of natural marsh habitat, and shoreline protection for
adjoining private properties and public resources including NC Highway 12 and sidewalks; and
WHEREAS, Grantor desires to grant to the Town a perpetual public easement over the Easement
Area for the uses and purposes set forth herein.
NOW, THEREFORE, for and in consideration of the premises and the sum of One Dollar ($1.00)
to it in hand paid, the receipt of which is hereby acknowledged, Grantor hereby gives and grants to the
Town a perpetual and permanent public right and easement over the Easement Area, for the construction
and maintenance of shoreline protection improvements, all at the Town's sole cost and expense, subject to
annual budget appropriations or amendments thereto by the Town Council of the Town, including but not

limited to the right to maintain and make improvements to the bank and bed of the Currituck Sound. The
easement rights herein conveyed include an easement in all rights and interests of Grantor in and to (l )
the Easement Area, including but not limited to surface, subsurface, riparian and air rights, and (2) any
other easement areas located on property of adjoining property owners and conveyed to the Town by such
adjoining property owners as part of the shoreline stabilization project, including but not limited to
surface, subsurface, riparian and air rights.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town, its
successors and assigns, for the purposes set forth herein.
GRANTOR AND THE TOWN, for themselves and their heirs, successors and assigns, further
agree as follows:
I. Right to Construct Public Living Shoreline. The Town shall have the right, but not the
obligation, to construct, maintain, reconstruct, expand, contract, and remove the shoreline stabilization
and related improvements contemplated and authorized by this Easement Agreement, all in the Town's
sole and absolute discretion. If constructed, the shoreline stabilization and related improvements will be
constructed in accordance with the plans and specifications as provided by the Town's engineers.
2. Easement Area Description Modification or Clarification. The parties understand and
agree that the legal description of the Easement Area shown on the attached Exhibit A is preliminary and
was prepared by the Town for the purpose of applying for permits and approvals to construct the
shoreline stabilization improvements. The parties understand and agree that after any approval and
issuance of permits and approvals for the construction of the shoreline improvements, and after the
necessary survey and engineering work for the improvements have been completed, modifications and/or
clarifications of the legal description of the Easement Area might be necessary. Grantor agrees to
cooperate with the Town by signing and delivering to the Town any reasonable amendment to this
Easement Agreement to effectuate any such non -substantial modification and/or clarification of the legal
description of the Easement Area.
3. Grantors Right to GrantEasements. Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights -of -way for underground utilities
within the Easement Area for the benefit of the Grantor's land adjacent to the Easement Area, at such
locations and in such manner as may be approved by the Town in the exercise of the Town's reasonable
discretion, provided such easements do not interfere with the use of the Easement area as set forth herein
and provided Grantor repairs any damage to the Easement Area resulting from the implantation of such
utilities.
4. Further Easements for Construction and Maintenance. If reasonable access by the Town
to the Easement Area is otherwise unavailable, Grantor further grants to the Town reasonable access from
time to time to the Easement Area over any remaining contiguous property owned by Grantor for the
purpose of developing, constructing, reconstructing, replacing and maintaining the living shoreline
located or to be located within the Easement Area (but not for access by the general public) for the
purposes set forth herein; provided, the Town shall (a) to the extent possible, utilize existing roads, water
and other existing easements for such purposes, (b) repair any damage resulting front such access, and (c)
upon request of Grantor execute a supplemental instrument delineating an appropriate access route to
provide the agreed access.
LEC i9 6 Zll[?
DGElfl-&4HD CITY

5. Maintenance of Easement Area. The Town shall be responsible, at its expense, for
maintaining the Easement Area in accordance with the purposes set forth herein, including construction
and maintenance of the shoreline stabilization improvements and removal of trash, waste and litter.
Grantor shall have the right, but not the obligation, to enter the Easement Area to remove litter, and
beautify sarne in the event the Town fails to perform such functions in a reasonable manner, subject to
approval by the Town, which approval will not be unreasonably withheld.
6. Indemnification of Grantor. To the fullest extent permitted by law, the Town shall
defend, indemnify and hold harmless Grantor, and Grantor's heirs, successors and assigns, from and
against all claims, demands, loss and damage by third parties arising out of or relating to use of the
Easement Area by the public, provided such claims do not result from the acts, negligence or willful
misconduct of Grantor or Grantor's heirs, successors or assigns.
7. No Effect on Property Development Rights. Grantor retains fee simple ownership of the
title to the Easement Area, subject to the rights granted to the Town herein. Subject to permits and
approvals required from local, State and/or Federal agencies, Grantor, for himself and his successors and
assigns, reserves the right to construct, maintain, renovate and reconstruct, at Grantor's sole cost and
expense, structures across and adjoining the Easement Area into the Currituck Sound, for the benefit of
the Grantor, at such locations and in such manner as may be approved by the Town in the exercise of the
Town's reasonable discretion, provided such improvements do not interfere with the use of the Easement
Area as set forth herein, and provided Grantor repairs any damage to the Easement Area resulting from
the construction, maintenance, renovation, reconstruction and use of such improvements.
8. Condition of Property and Title. Grantor makes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement Area,
which property the Town agrees to accept, AS IS, in its present legal and physical condition.
9. Severabilit . Every provision of this Agreement is intended to be severable. If any term
or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not
affect the validity of the remainder of this Agreement.
10. Suit Costs. In the event either party shall institute an action to enforce the provisions of
this Agreement, the party prevailing in such action, whether by adjudication, arbitration, or settlement,
shall be entitled to recover suit costs, including reasonable attorney's fees, from the other party.
IL Applicable Law. This Agreement shall be construed and interpreted under the laws of
the State of North Carolina.
12. Parties, This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns. As used herein, words in singular include the
plural and the masculine includes the feminine and neuter genders, as appropriate.
13. Notices. Notices hereunder shall be effective and deemed given when deposited in the
United States Mails, postage prepaid, registered or certified mail with return receipt requested.
Alternatively, the party may use a nationally recognized overnight delivery service. Notices shall be
addressed to each party at the mailing address shown on page I of this Easement Agreement or, in the
case of the Grantor or Grantors heirs, successors or assigns, the billing address for the then owner of
DEC 0 F
0CM-M H) OR Y

Grantor's property as shown in the Dare County tax records. Any party may change the address to which
such notices are to be addressed by giving each other party notice in the manner herein set forth.
14. Non -waiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or any
other provision of this Agreement.
15. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute but one and the same
instrument.
16. Headings. The headings, subheadings and captions in this Agreement and in any exhibit
hereto are for reference purposes only and shall not affect the meaning or interpretation of this
Agreement.
17, Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto with respect to the subject matter hereof and supersedes all negotiations, prior discussions,
agreements, arrangements and understandings, written or oral, relating to the subject matter hereof.
IS. Amendments. This Agreement may not be amended except by written instrument duly
executed by or on behalf of all the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement the day and year
first above written.
(signatures begin on the following page)
i...l=lVwwU a %d Y

Ct3:7�►FCi tiT:71
COLONY BY THE SEA PARTNERSHIP
BY: 4 ✓h i'- r `�
(SEAL)
STATE OF ``t 0 0 t y S C+A ✓M i"19. COUNTY/CITY OF 20 Y�
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she or they voluAjjqnt rily signed the re oin document for the purpose stated therein and
g
in the capacity indicated: of I G�GVI� of the Colony by the Sea
Partnership, (Print name) (Print title)
Date:
....-
Si re of No my Public
�Yjst l'4�qa nn • N `�
Typed or printed name of Notary Public
My cornmission expires:
(AFFIX NOTARY SEAL)
Kristian M. Nickens
NOTARY PUBLIC
Dare County, NC
My Commission Expires November 25, 2023
Rr-cc-lvEr.f)
OEC 0 6 2022
+DOl/i-44HD cyry

I
(AFFIX CORPORATE SEAL)
ATTEST:
Lori Ackerman, Town Clerk
NORTH CAROLINA
DARE COUNTY
0061IN
TOWN OF DUCK, NORTH CAROLINA
BY: L4;;;�
Don ingston, Mayor
44; !Q- ActfrrYn , a Notary Public of the County of j�p(C , and State aforesaid,
certify that Don Kingston personally came before me this day and acknowledged that he is Mayor of The
Town of Duck, a North Carolina municipal corporation, and that by authority duly given and as the act of
the Town, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal
and attested by Lori Ackerman, its Town Clerk.
Witness my hand and official stamp or seal, this 20 day ofS�Ykrq&xr__ __, 20 Z0
Signature of Notary Public
, otu A 7VUCTrr
Typed or printed name of Notary Public
tJ
My commission expires:
(AFFIXr0TARYsdA)fiAAckerm8n IJEC 0 ti nn
Notary PublicDate County, NG C�f3MA41h4� CITY
Commission Expires July 28, 2022 e

EXHIBIT A
DESCRIPTION OF THE EASEMENT AREA
JJEC
E i1reEiFC ,''C`!'v

Recorded: 09/30/2020 04:3Q%AA PM
�A V�� T
NO. 115' 1 "4 5
NO.
BY: CLAUDIA HARRINGTON
Cheryl L. House, Register of Deeds
Dare County, NC
Fee Amt $26 00 NC Excse Tax $0.00
Land Transfer Fee. $0.00
BOOK 2418 PAGE 523 (8)
700us4832 gIIIpIIIQI�d�lll�llq�
Space Above This Line For Recording Data
EASEMENT
(North Duck Village Living Shoreline Project)
Return to: Joe Heard, Town of Duck
P.O. Box 8369
Duck, NC 27949
Excise Tax: $-0-
Transfer Tax: $-0-
NORTH CAROLINA
DARE COUNTY
Tax Parcel: 026228000
LT Number
DEC 0 6 2022
0CM-MR-1 CITY
THIS EASEMENT AGREEMENT is made and entered into as of the .3,94k day of
� _, 20� by John S. Kotch, whose mailing address is PO Box 8069, Duck, NC 27949,
"Grantor'; and The Town of Duck, North Carolina, a North Carolina municipal corporation, PO Box
8369, Duck, NC 27949, "Town";
WITNESSETH:
WHEREAS, Grantor is the owner of certain property located in Dare County, North Carolina,
which property is more particularly described on Exhibit A attached hereto (the "Easement Area"); and
WHEREAS, the Town is developing plans for a shoreline stabilization project along, across and
adjacent to the Currituck Sound, a portion of which is to be located in the Easement Area; and
WHEREAS, such improvements are being developed for the purposes of improving water quality
in Currituck Sound, erosion control, reestablishment of natural marsh habitat, and shoreline protection for
adjoining private properties and public resources including NC Highway 12 and sidewalks; and
WHEREAS, Grantor desires to grant to the Town a perpetual public easement over the Easement
Area for the uses and purposes set forth herein.
NOW, THEREFORE, for and in consideration of the premises and the sum of One Dollar ($1.00)
to it in hand paid, the receipt of which is hereby acknowledged, Grantor hereby gives and grants to the
Town a perpetual and permanent public right and easement over the Easement Area, for the construction
and maintenance of shoreline protection improvements, all at the Town's sole cost and expense, subject to
annual budget appropriations or amendments thereto by the Town Council of the Town, including but not

limited to the right to maintain and make improvements to the bank and bed of the Currituck Sound. The
easement rights herein conveyed include an easement in all rights and interests of Grantor in and to (1)
the Easement Area, including but not limited to surface, subsurface, riparian and air rights, and (2) any
other easement areas located on property of adjoining property owners and conveyed to the Town by such
adjoining property owners as part of the shoreline stabilization project, including but not limited to
surface, subsurface, riparian and air rights.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town, its
successors and assigns, for the purposes set forth herein.
GRANTOR AND THE TOWN, for themselves and their heirs, successors and assigns, further
agree as follows:
1. Right to Construct Public Living Shoreline. The Town shall have the right, but not the
obligation, to construct, maintain, reconstruct, expand, contract, and remove the shoreline stabilization
and related improvements contemplated and authorized by this Easement Agreement, all in the Town's
sole and absolute discretion. If constructed, the shoreline stabilization and related improvements will be
constructed in accordance with the plans and specifications as provided by the Town's engineers.
2. Easement Area Description Modification or Clarification. The parties understand and
agree that the legal description of the Easement Area shown on the attached Exhibit A is preliminary and
was prepared by the Town for the purpose of applying for permits and approvals to construct the
shoreline stabilization improvements. The parties understand and agree that after any approval and
issuance of permits and approvals for the construction of the shoreline improvements, and after the
necessary survey and engineering work for the improvements have been completed, modifications and/or
clarifications of the legal description of the Easement Area might be necessary. Grantor agrees to
cooperate with the Town by signing and delivering to the Town any reasonable amendment to this
Easement Agreement to effectuate any such non -substantial modification and/or clarification of the legal
description of the Easement Area.
3. Grantor's Right to Grant Easements. Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights -of -way for underground utilities
within the Easement Area for the benefit of the Grantor's land adjacent to the Easement Area, at such
locations and in such manner as may be approved by the Town in the exercise of the Town's reasonable
discretion, provided such easements do not interfere with the use of the Easement area as set forth herein
and provided Grantor repairs any damage to the Easement Area resulting from the implantation of such
utilities.
4. Further Easements for Construction and Maintenance. If reasonable access by the Town
to the Easement Area is otherwise unavailable, Grantor further grants to the Town reasonable access from
time to time to the Easement Area over any remaining contiguous property owned by Grantor for the
purpose of developing, constructing, reconstructing, replacing and maintaining the living shoreline
located or to be located within the Easement Area (but not for access by the general public) for the
purposes set forth herein; provided, the Town shall (a) to the extent possible, utilize existing roads, water
and other existing easements for such purposes, (b) repair any damage resulting from such access, and (c)
upon request of Grantor execute a supplemental instrument delineating an appropriate access route to
provide the agreed access.
DEC 06 "'On

5. Maintenance of Easement Area. The Town shall be responsible, at its expense, for
maintaining the Easement Area in accordance with the purposes set forth herein, including construction
and maintenance of the shoreline stabilization improvements and removal of trash, waste and litter.
Grantor shall have the right, but not the obligation, to enter the Easement Area to remove litter, and
beautify same in the event the Town fails to perform such functions in a reasonable manner, subject to
approval by the Town, which approval will not be unreasonably withheld.
6. Indemnification of Grantor. To the fullest extent permitted by law, the Town shall
defend, indemnify and hold harmless Grantor, and Grantor's heirs, successors and assigns, from and
against all claims, demands, loss and damage by third parties arising out of or relating to use of the
Easement Area by the public, provided such claims do not result from the acts, negligence or willful
misconduct of Grantor or Grantors heirs, successors or assigns.
7. No Effect on Property Development Rights. Grantor retains fee simple ownership of the
title to the Easement Area, subject to the rights granted to the Town herein. Subject to permits and
approvals required from local, State and/or Federal agencies, Grantor, for himself and his successors and
assigns, reserves the right to construct, maintain, renovate and reconstruct, at Grantor's sole cost and
expense, structures across and adjoining the Easement Area into the Currituck Sound, for the benefit of
the Grantor, at such locations and in such manner as may be approved by the Town in the exercise of the
Town's reasonable discretion, provided such improvements do not interfere with the use of the Easement
Area as set forth herein, and provided Grantor repairs any damage to the Easement Area resulting from
the construction, maintenance, renovation, reconstruction and use of such improvements.
8. Condition of Property and Title. Grantor makes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement Area,
which property the Town agrees to accept, AS IS, in its present legal and physical condition.
9. Severability. Every provision of this Agreement is intended to be severable. If any term
or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not
affect the validity of the remainder of this Agreement.
10. Suit Costs. In the event either party shall institute an action to enforce the provisions of
this Agreement, the party prevailing in such action, whether by adjudication, arbitration, or settlement,
shall be entitled to recover suit costs, including reasonable attorney's fees, from the other party.
1 l . Aoolicable Law. This Agreement shall be construed and interpreted under the laws of
the State of North Carolina.
12. Parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns. As used herein, words in singular include the
plural and the masculine includes the feminine and neuter genders, as appropriate.
13. Notices. Notices hereunder shall he effective and deemed given when deposited in the
United States Mails, postage prepaid, registered or certified mail with return receipt requested.
Alternatively, the party may use a nationally recognized overnight delivery service. Notices shall be
addressed to each party at the mailing address shown on page 1 of this Easement Agreement or, in the
case of the Grantor or Grantor's heirs, successors or assigns, the billing address for the then owner of
I', f;I iVED
3 DEC 0 6 2022
1CMWMHD CITY

Grantor's property as shown in the Dare County tax records. Any party may change the address to which
such notices are to be addressed by giving each other party notice in the manner herein set forth.
14. Non -waiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or any
other provision of this Agreement.
Is. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute but one and the same
instrument.
16. headings. The headings, subheadings and captions in this Agreement and in any exhibit
hereto are for reference purposes only and shall not affect the meaning or interpretation of this
Agreement,
17. Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto with respect to the subject matter hereof and supersedes all negotiations, prior discussions,
agreements, arrangements and understandings, written or oral, relating to the subject matter hereof.
18. Amendments. This Agreement may not be amended except by written instrument duly
executed by or on behalf of all the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement the day and year
first above written.
(signatures begin on the following page)
4
DEC 06 1027
DGM-f.1ND crry

(AFFIX CORPORATE SEAL)
ATTEST:
n
Lon Ackerman, Town Clerk
NORTH CAROLINA
DARE COUNTY
TOWN:
TOWN OF DUCK, NORTH CAROLINA
BY: CG�I;L)
Don Kingston, Mayor
I, �yKsrmrn _, a Notary Public of the County offt ,and State aforesaid,
certify that Don Kingston personally came before me this day and acknowledged that he is Mayor of The
Town of Duck, a North Carolina municipal corporation, and that by authority duly given and as the act of
the Town, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal
and attested by Lori Ackerman, its Town Clerk,
Witness my hand and official stamp or seal, this g_4�?_ 20 ZL)
My commission expires:
(AFFIffijPRAA*f&AL)
Notary Public
Dare County, NC
My Commission Expires July 28, 2022
na Sigture of Notary Public
Typed or printed name of Notary Public
DEC (t c,
OWLLMMD Cirry

EXHIBIT A
DESCRIPTION OF THE EASEMENT AREA
LgMcF RIFF'
PIC. or, ?0?1

s
a `'� ltJf;r, 'ty's fw
o z x :.0
EL
i�Y t 4

Recorded: 09/30/2020 04:38:46 pM
BY: CLAUDIA HARRINGTON
Cheryl L. House, Register of Deeds
Dare County, NC
Fee Amt $26.00 NC Exctse Tax. so.00
EXEMPT Land Transfer Fee: $o oo
DARECOUNTY
LAND TRANSF TAX BOOK 2418 PAGE 507 (8)
NO. U �'� `� 7030 9111�I�I�I�uaIIlHyall�
Space Above This Line For Recording Data
EASEMENT RECEIVED
(North Duck Village Living Shoreline Project)
DEC Q Fi 2022
Return to: Joe Heard, Town of Duck
P.O. Box8369 DGj1/14AHn CITY
Duck, NC 27949
Excise Tax: $-0- Tax Parcels: 009783103 & 009783101
Transfer Tax: $-0- LT Number
NORTH CAROLINA
DARE COUNTY
fk
THIS EASEMENT AGREEMENT is made and entered into as of the day of
t l 20101 by The Olde Duck Beach Owners Association, whose mailing address is 1262 Duck
Road, luck, NC 27949, "Grantor"; and Town of Duck, North Carolina, a North Carolina municipal
corporation, PO Box 8369, Duck, NC 27949, "Town";
W ITNESSETH:
WHEREAS, Grantor is the owner of certain property located in Dare County, North Carolina,
which property is more particularly described on Exhibit A attached hereto (the "Easement Area"); and
WHEREAS, the Town is developing plans for a shoreline stabilization project along, across and
adjacent to the Currituck Sound, a portion of which is to be located in the Easement Area; and
WHEREAS, such improvements are being developed for the purposes of improving water quality
in Currituck Sound, erosion control, reestablishment of natural marsh habitat, and shoreline protection for
adjoining private properties and public resources including NC Highway 12 and sidewalks; and
WHEREAS, Grantor desires to grant to the Town a perpetual public easement over the Easement
Area for the uses and purposes set forth herein.
NOW, THEREFORE, for and in consideration of the premises and the sum of One Dollar ($1.00)
to it in hand paid, the receipt of which is hereby acknowledged, Grantor hereby gives and grants to the
Town a perpetual and permanent public right and easement over the Easement Area, for the construction
and maintenance of shoreline protection improvements, all at the Town's sole cost and expense, subject to
annual budget appropriations or amendments thereto by the Town Council of the Town, including but not

limited to the right to maintain and make improvements to the bank and bed of the Currituck Sound. The
easement rights herein conveyed include an easement in all rights and interests of Grantor in and to (1)
the Easement Area, including but not limited to surface, subsurface, riparian and air rights, and (2) any
other easement areas located on property of adjoining property owners and conveyed to the Town by such
adjoining property owners as part of the shoreline stabilization project, including but not limited to
surface, subsurface, riparian and air rights.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town, its
successors and assigns, for the purposes set forth herein.
GRANTOR AND THE TOWN, for themselves and their heirs, successors and assigns, further
agree as follows:
1. Right to Construct Public Living Shoreline. The Town shall have the right, but not the
obligation, to construct, maintain, reconstruct, expand, contract, and remove the shoreline stabilization
and related improvements contemplated and authorized by this Easement Agreement, all in the Town's
sole and absolute discretion. If constructed, the shoreline stabilization and related improvements will be
constructed in accordance with the plans and specifications as provided by the Town's engineers.
2. Easement Area Description Modification or Clarification The parties understand and
agree that the legal description of the Easement Area shown on the attached Exhibit A is preliminary and
was prepared by the Town for the purpose of applying for permits and approvals to construct the
shoreline stabilization improvements. The parties understand and agree that after any approval and
issuance of permits and approvals for the construction of the shoreline improvements, and after the
necessary survey and engineering work for the improvements have been completed, modifications and/or
clarifications of the legal description of the Easement Area might be necessary. Grantor agrees to
cooperate with the Town by signing and delivering to the Town any reasonable amendment to this
Easement Agreement to effectuate any such non -substantial modification and/or clarification of the legal
description of the Easement Area,
3. Grantor's Risht to Grant Easements. Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights -of -way for underground utilities
within the Easement Area for the benefit of the Grantor's land adjacent to the Easement Area, at such
locations and in such manner as may be approved by the Town in the exercise of the Town's reasonable
discretion, provided such easements do not interfere with the use of the Easement area as set forth herein
and provided Grantor repairs any damage to the Easement Area resulting from the implantation of such
utilities.
4. Further Easements for Construction and Maintenance. If reasonable access by the Town
to the Easement Area is otherwise unavailable, Grantor further grants to the Town reasonable access from
time to time to the Easement Area over any remaining contiguous property owned by Grantor for the
purpose of developing, constructing, reconstructing, replacing and maintaining the living shoreline
located or to be located within the Easement Area (but not for access by the general public) for the
purposes set forth herein; provided, the Town shall (a) to the extent possible, utilize existing roads, water
and other existing easements for such purposes, (b) repair any damage resulting from such access, and (c)
upon request of Grantor execute a supplemental instrument delineating an appropriate access route to
provide the agreed access.
Mc of) 21"0

5. Maintenance of Easement Area. The Town shall be responsible, at its expense, for
maintaining the Easement Area in accordance with the purposes set forth herein, including construction
and maintenance of the shoreline stabilization improvements and removal of trash, waste and litter.
Grantor shall have the right, but not the obligation, to enter the Easement Area to remove litter, and
beautify same in the event the Town fails to perform such functions in a reasonable manner, subject to
approval by the Town, which approval will not be unreasonably withheld.
6. Indemnification of Grantor. To the fullest extent permitted by law, the Town shall
defend, indemnify and hold harmless Grantor, and Grantors heirs, successors and assigns, from and
against all claims, demands, loss and damage by third parties arising out of or relating to use of the
Easement Area by the public, provided such claims do not result from the acts, negligence or willful
misconduct of Grantor or Grantor's heirs, successors or assigns.
7, No Effect on Property Development Rights. Grantor retains fee simple ownership of the
title to the Easement Area, subject to the rights granted to the Town herein. Subject to permits and
approvals required from local, State and/or Federal agencies, Grantor, for himself and his successors and
assigns, reserves the right to construct, maintain, renovate and reconstruct, at Grantors sole cost and
expense, structures across and adjoining the Easement Area into the Currituck Sound, for the benefit of
the Grantor, at such locations and in such manner as may be approved by the Town in the exercise of the
Town's reasonable discretion, provided such improvements do not interfere with the use of the Easement
Area as set forth herein, and provided Grantor repairs any damage to the Easement Area resulting from
the construction, maintenance, renovation, reconstruction and use of such improvements.
8. Condition of Property and Title. Grantor makes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement Area,
which property the Town agrees to accept, AS IS, in its present legal and physical condition.
9. Severability. Every provision of this Agreement is intended to be severable. If any term
or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not
affect the validity of the remainder of this Agreement.
10. Suit Costs. In the event either party shall institute an action to enforce the provisions of
this Agreement, the party prevailing in such action, whether by adjudication, arbitration, or settlement,
shall be entitled to recover suit costs, including reasonable attorney's fees, from the other party.
IL . Applicable Law. This Agreement shall be construed and interpreted under the laws of
the State of North Carolina.
12. Parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns. As used herein, words in singular include the
plural and the masculine includes the feminine and neuter genders, as appropriate.
13. Notices. Notices hereunder shall be effective and deemed given when deposited in the
United States Mails, postage prepaid, registered or certified mail with return receipt requested.
Alternatively, the party may use a nationally recognized overnight delivery service. Notices shall be
addressed to each party at the mailing address shown on page 1 of this Easement Agreement or, in the
case of the Grantor or Grantor's heirs, successors or assigns, the billing address for the then pw.ner of
U L ll Et
L'O�IUIirWAID %;i`i Y

Grantor's property as shown in the Dare County tax records. Any party may change the address to which
such notices are to be addressed by giving each other party notice in the manner herein set forth.
14. Non -waiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or any
other provision of this Agreement.
15. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute but one and the same
instrument.
16. Headings. The headings, subheadings and captions in this Agreement and in any exhibit
hereto are for reference purposes only and shall not affect the meaning or interpretation of this
Agreement.
17. Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto with respect to the subject matter hereof and supersedes all negotiations, prior discussions,
agreements, arrangements and understandings, written or oral, relating to the subject matter hereof.
18. Amendments. This Agreement may not be amended except by written instrument duly
executed by or on behalf of all the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement the day and year
first above written.
(signatures begin on the following page)
JPR
))EC () 6

GRANTOR:
THE OLDE DUCK BEACH OWNERS ASSOCIATION
BYINr P - 2 • 2&42e --(SEAL)
STATE OF —N,944 Carta line , COUNTY/CITY OF
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she or the*j,v�oluntarily signed the ^f,oregoing document for the purpose stated therein and
in the capacity indicated: Mika c hk It.00 _____, TtuidcaA of The Olde Duck Beach Owners
Association. (Print name) (Print title)
Date: 4L., -ZD-10
My commission expires: -) 14 2O� 2 L
Lori AAckerman
Notary Public
Dare County, NC
My CommMon Expires July 28, 2022
"ignatureofy Public
— A. ici/irrrteA
Typed or printed name of Notary Public

y
b
N rx TOWN:
"uKTIi UAKOLINA TOWN OF DUCK, NORTH CAROLINA
(AFFIX CORPORATE SEAL) BY:
Do , ayor
ATTEST:
*oriAckerman, Town Clerk
NORTH CAROLINA
DARE COUNTY
I,A.ftc�4?mon , a Notary Public of the County of and State aforesaid,
certify that Don Kingston personally came before me this day and acknowledged that he is Mayor of The
Town of Duck, a North Carolina municipal corporation, and that by authority duly given and as the act of
the Town, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal
and attested by Lori Ackerman, its Town Clerk.
Witness my hand and official stamp or seal, this z day of SCg {M r 20.20 .
Signature of Notary Public
LylM A AcKu'MCtl
Typed or printed name of Notary Public
My commission expires:
(AIVp�SEAL)
Notary Public
Dare County, NC
My Commission Expires July 28, 2022

EXHIBIT A
DESCRIPTION OF THE EASEMENT AREA
ME 06 2022
W1'04*10 CITY

I

Recorded: 09/30/2020 04:38:43 PM
EXEMPT
DARECOUNTY
LAND TRANSFER A;X}
NO,
BY: CLAUDIA HARRINGTON
Cheryl L. House, Register of Deeds
Dare County, NC
Fee Amt. $26 00 NC Excise Tax $0 00
Land Transfer Fee $0 00
BOOK 2418 PAGE 482 (8)
700084827
Space Above This Line For Recording Data
EASEMENT
(North Duck Village Living Shoreline Project)
Return to: Joe Heard, Town of Duck
P.O. Box 8369
Duck, NC 27949
Excise Tax: $-0-
Transfer Tax: $-0-
NORTH CAROLINA
DARE COUNTY
Tax Parcels: 009783102
LT Number
RECEIV ._,,
DEC © 6 16L,
INDA-MHU CITY
1k
_ THIS EASEMENT AGREEMENT is made and entered into as of the 6 day of
1 A �-- 20]U, by The Oide Duck Beach Owners Association, whose mailing address is PO Box
8038, t7uck, NC 27949, "Grantor"; and The Town of Duck, North Carolina, a North Carolina municipal
corporation, PO Box 8369, Duck, NC 27949, "Town";
WITNESSETH:
WHEREAS, Grantor is the owner of certain property located in Dare County, North Carolina,
which property is more particularly described on Exhibit A attached hereto (the "Easement Area"); and
WHEREAS, the Town is developing plans for a shoreline stabilization project along, across and
adjacent to the Currituck Sound, a portion of which is to be located in the Easement Area; and
WHEREAS, such improvements are being developed for the purposes of improving water quality
in Currituck Sound, erosion control, reestablishment of natural marsh habitat, and shoreline protection for
adjoining private properties and public resources including NC Highway 12 and sidewalks; and
WHEREAS, Grantor desires to grant to the Town a perpetual public easement over the Easement
Area for the uses and purposes set forth herein.
NOW, THEREFORE, for and in consideration of the premises and the sum of One Dollar ($1.00)
to it in hand paid, the receipt of which is hereby acknowledged, Grantor hereby gives and grants to the
Town a perpetual and permanent public right and easement over the Easement Area, for the construction
and maintenance of shoreline protection improvements, all at the Town's sole cost and expense, subject to

annual budget appropriations or amendments thereto by the Town Council of the Town, including but not
limited to the right to maintain and make improvements to the bank and bed of the Currituck Sound. The
easement rights herein conveyed include an easement in all rights and interests of Grantor in and to (1)
the Easement Area, including but not limited to surface, subsurface, riparian and air rights, and (2) any
other easement areas located on property of adjoining property owners and conveyed to the Town by such
adjoining property owners as part of the shoreline stabilization project, including but not limited to
surface, subsurface, riparian and air rights.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town, its
successors and assigns, for the purposes set forth herein.
GRANTOR AND THE TOWN, for themselves and their heirs, successors and assigns, further
agree as follows:
I. Right to Construct Public LivingShoreline. The Town shall have the right, but not the
obligation, to construct, maintain, reconstruct, expand, contract, and remove the shoreline stabilization
and related improvements contemplated and authorized by this Easement Agreement, all in the Town's
sole and absolute discretion. If constructed, the shoreline stabilization and related improvements will be
constructed in accordance with the plans and specifications as provided by the Town's engineers.
2. Easement Area Description Modification or Clarification. The parties understand and
agree that the legal description of the Easement Area shown on the attached Exhibit A is preliminary and
was prepared by the Town for the purpose of applying for permits and approvals to construct the
shoreline stabilization improvements. The parties understand and agree that after any approval and
issuance of permits and approvals for the construction of the shoreline improvements, and after the
necessary survey and engineering work for the improvements have been completed, modifications and/or
clarifications of the legal description of the Easement Area might be necessary. Grantor agrees to
cooperate with the Town by signing and delivering to the Town any reasonable amendment to this
Easement Agreement to effectuate any such non -substantial modification and/or clarification of the legal
description of the Easement Area.
3. Grantor's Right to Grant Easements. Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights -of -way for underground utilities
within the Easement Area for the benefit of the Grantor's land adjacent to the Easement Area, at such
locations and in such manner as may be approved by the Town in the exercise of the Town's reasonable
discretion, provided such easements do not interfere with the use of the Easement area as set forth herein
and provided Grantor repairs any damage to the Easement Area resulting from the implantation of such
utilities.
4. Further Easements for Construction and Maintenance. if reasonable access by the Town
to the Easement Area is otherwise unavailable, Grantor further grants to the Town reasonable access from
time to time to the Easement Area over any remaining contiguous property owned by Grantor for the
purpose of developing, constructing, reconstructing, replacing and maintaining the living shoreline
located or to be located within the Easement Area (but not for access by the general public) for the
purposes set forth herein; provided, the Town shall (a) to the extent possible, utilize existing roads, water
and other existing easements for such purposes, (b) repair any damage resulting from such access, and (c)
DEC a 6
IDGM i'10i6- Y) of`E'y

PH Or) ?v-)
upon request of Grantor execute a supplemental instrument delineating an appropriate _Acq�hsg,9S g41p 6 rY
provide the agreed access.
5. Maintenance of Easement Area. The Town shall be responsible, at its expense, for
maintaining the Easement Area in accordance with the purposes set forth herein, including construction
and maintenance of the shoreline stabilization improvements and removal of trash, waste and litter.
Grantor shall have the right, but not the obligation, to enter the Easement Area to remove litter, and
beautify same in the event the Town fails to perform such functions in a reasonable manner, subject to
approval by the Town, which approval will not be unreasonably withheld.
6. Indemnification of Grantor. To the fullest extent permitted by law, the Town shall
defend, indemnify and hold harmless Grantor, and Grantor's heirs, successors and assigns, from and
against all claims, demands, loss and damage by third parties arising out of or relating to use of the
Easement Area by the public, provided such claims do not result from the acts, negligence or willful
misconduct of Grantor or Grantor's heirs, successors or assigns.
7. No Effect on Property Development Rights. Grantor retains fee simple ownership of the
title to the Easement Area, subject to the rights granted to the Town herein. Subject to permits and
approvals required from local, State and/or Federal agencies, Grantor, for himself and his successors and
assigns, reserves the right to construct, maintain, renovate and reconstruct, at Grantor's sole cost and
expense, structures across and adjoining the Easement Area into the Currituck Sound, for the benefit of
the Grantor, at such locations and in such manner as may be approved by the Town in the exercise of the
Town's reasonable discretion, provided such improvements do not interfere with the use of the Easement
Area as set forth herein, and provided Grantor repairs any damage to the Easement Area resulting from
the construction, maintenance, renovation, reconstruction and use of such improvements.
8. Condition of Property and Title. Grantor makes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement Area,
which property the Town agrees to accept, AS IS, in its present legal and physical condition.
9. Severability. Every provision of this Agreement is intended to be severable. If any term
or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not
affect the validity of the remainder of this Agreement,
10. Suit Costs. in the event either party shall institute an action to enforce the provisions of
this Agreement, the party prevailing in such action, whether by adjudication, arbitration, or settlement,
shall be entitled to recover suit costs, including reasonable attorney's fees, from the other party.
11. Applicable Law. This Agreement shall be construed and interpreted under the laws of
the State of North Carolina.
12. Parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns. As used herein, words in singular include the
plural and the masculine includes the feminine and neuter genders, as appropriate.
13. Notices. Notices hereunder shall be effective and deemed given when deposited in the
United States Mails, postage prepaid, registered or certified mail with return receipt requested.
Alternatively, the party may use a nationally recognized overnight delivery service. Notices shall be

addressed to each party at the mailing address shown on page 1 of this Easement Agreement or, in the
case of the Grantor or Grantor's heirs, successors or assigns, the billing address for the then owner of
Grantors property as shown in the Dare County tax records. Any party may change the address to which
such notices are to be addressed by giving each other party notice in the manner herein set forth.
14. Non -waiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or any
other provision of this Agreement.
15. Counterpans. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute but one and the same
instrument.
16. Headings, The headings, subheadings and captions in this Agreement and in any exhibit
hereto are for reference purposes only and shall not affect the meaning or interpretation of this
Agreement.
17. Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto with respect to the subject matter hereof and supersedes all negotiations, prior discussions,
agreements, arrangements and understandings, written or oral, relating to the subject matter hereof.
18. Amendments. This Agreement may not be amended except by written instrument duly
executed by or on behalf of all the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement the day and year
first above written.
(signatures begin on the following page)
IDEC. o t, )o/.
DGM-•Fi l+-) c&'ry
4

GRANTOR:
THE OLDE DUCK BEACH OWNERS ASSOCIATION
BY.P 1 • )'W� (SEAL)
STATE OF n)os4 {raroll'nc , COUNTY/CITY OF _ k
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she or they voluntarily signed the foregoing document for the purpose stated therein and
in the capacity indicated: `E Aar'Ie 0—' 600 , ?tUdt"of The Olde Duck Beach Owners
Association. (Print name) (Print title)
Date:% W4 6._Q211...,..
My commission expires:
(AFFj 16[MWAL)
Notary Public
Dare County, NC
My Commission Expires July 28, 2022
tgnature of Not Public
6u 6. &1/1Yic,J
Typed or printed name of Notary Public
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(AFFIX CORPORATE SEAL)
ATTEST:
�jr--
Lort Ackerman, Town Clerk
NORTH CAROLINA
DARE COUNTY
TOWN:
TOWN OF DUCK, NORTH CAROLINA
BY:
Don Kingston, Mayor
I, "A.adzl—, a Notary Public of the County of hstc , and State aforesaid,
certify that Don Kingston personally came before me this day and acknowledged that he is Mayor of The
Town of Duck, a North Carolina municipal corporation, and that by authority duly given and as the act of
the Town, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal
and attested by Lori Ackerman, its Town Clerk.
Witness my hand and official stamp or seal, this z$u day of — 2020
My commission expires:
(AFFIWA4\VA rMML)
Notary Public
Dare County, NC
My Commission Expires July 28, 2022
__
Signature of Notary Public
�02� A. f�cJtF,fmcrt
Typed or printed name o€ )ty Pi<blic
DEC 0 t9 2n22
l�f�iVlall�l�4� �-0g�Y

EXHIBIT A
DESCRIPTION OF THE EASEMENT AREA
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ROY COOPER
Govern"
ELIZABETHS. BISER
Secretary
BRAXTON DAVIS
Director
EMAIL MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Theresa Schneider
The Coastland Times
Manteo, NC 27954
[e-mail]
FROM: Ella Godfrey
DATE: November 29. 2022
SUBJECT: Public Notice: Dare County — Rodanthe Harbor
Please publish the attached Notice in the Sunday, December 4, 2022. issue of The
Coastland Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. The State Office of Budget and Management
requires an original Affidavit of Publication prior to payment for newspaper advertising.
Please send me the affidavit, an original copy of the published notice, and an
original invoice.
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office [phone].
Attachment
cc: Gregg Bodnar, Major Permits Coordinator, DCM, Morehead City
Christy Simmons, PIO, DCM, Morehead City
Ellie Davis, Accounts Payable, DCM, Morehead City
File
RECEIVED
NOV 2 0 2022
DCiVI••MHD CITY
��� North Carolina DepaOffice
1 401 or Environmental Quality 0iN Elizabeth
bCoastal Management
Elizabeth City OfOce 4015outh Griffin Street, Suite 300 Elizabeth Cily, North Carolina 27909
�.• a ovn� /"� 2SZ264.3901

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The NC Department of Environmental Quality hereby gives public notice as required by
NCGS 113A-119(b) that application for a development permit in an AEC as designated
under the CAMA was received on 11/14/22. The Town of Duck proposes to make a
section of NC 12 more resilient to flooding by raising the elevation of the roadway and
improving the existing riprap revetment. To combat shoreline erosion and the slow loss
of marsh habitat along the Currituck Sound shoreline, the Town proposes habitat
enhancements that include sheetpile sills and marsh plantings. To accommodate the
safe use of the roadway for pedestrians and bicyclists, the Town proposed the addition
of a new sidewalk, stormwater swale and dedicated bike lane on the west side of the
roadway, located between 1264 Duck Road and 1248 Duck Road in the Town of Duck in
Dare County.
A copy of the entire application may be reviewed at the office of the Division of Coastal
Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901
during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400
Commerce Avenue, Morehead City, NC 28557, prior to 12/24/22, will be considered in
making the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public, state
& federal agencies. Notice of the permit decision in this matter will be provided upon
written request.
PLEASE PUBLISH ON: Sunday December 4, 2022
RECEIVED
NOV 2 9 202.2
l:)CIU-MHD CITY
Q� North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
,.r.rurw
252.264.3901

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 29, 2022
Town of Duck
c/o Drew Havens
P.O. Box 8369
Duck, NC 27949
Dear Mr. Havens:
NORTH CAROLINA
Environmental Quality
The NC Division of Coastal Management hereby acknowledges receipt of your application
submitted for State approval for NC 12 Resiliency and Living Shoreline improvements, for the
Town of Duck in Dare County.
It was received complete November 14, 2022 and appears to be adequate for processing at this
time. The projected deadline for snaking a decision January 28, 2023. An additional 75-day review
period is provided by law when such time is necessary to complete the review. If you have not
been notified of a final action by the initial deadline stated above, you should consider the review
period extended. Under those circumstances, this letter will serve as your notice of an extended
review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from November 14, 2022, you may
request a meeting with the Director of the Division of Coastal Management and permit staff to
discuss the status of your project. Such a meeting will be held within five working days from the
receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted
at the property of your proposed development. You should post this notice at a conspicuous point
RECERIED
NOV 2' ?U?
0CM-MH0 -,011Y
North Carolina Department of Environmental Quality I Division of Coastal Management
D _E Q Elizabeth City Office 1 401South GrHnnStreet, Suite 300 1 Elizabeth CtM North Carolina 27909
'" i ` "vo.++— � 252z643901

Town of Duck
Drew Havens
November 29, 2022
Page 2 of 2
along your property where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your
property, or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted
by the appropriate State or Federal agency. Please contact me if you have any questions and or if
you wish to receive a copy of the field report.
Sincerely,
on Rena di
District Manager, Northeastern District
NC Division of Coastal Management
RR/eg
Enclosure
cc: Gregg Bodnar, Major Permits Coordinator, DCM, Morehead City, NC
Tim Davis, Agent, Vhb, Inc., Williamsburg, VA
RECEIVED
NOV 2 9 2022.
DCM-MHD 017"°

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November 1, 2022
Ref: 33952.07
Promenade at Duck, LLC
221 Westmoreland Drive
Youngstown, PA 15696
IIOV 0 3 2022.
Vhb.
Re: Town of Duck Coastal Resiliency and Living Shoreline Project
TO WHOM IT MAY CONCERN,
:v:rCEIVED
NOV 2 9 2022
of tv -MHD CITY
This correspondence is to notify you as a riparian property owner that the Town of Duck is
applying for a Coastal Area Management Act (CAMA) major permit from the North Carolina
Department of Environmental Quality to perform work on Duck Road and properties adjacent to
Duck Road. You may have received an earlier notification about the proposed work. We are
required to send you another notification with updated permit application materials. The work
includes:
1) raising a 1,335 linear foot section of Duck Road (NC Route 12) to elevation 5.7 feet where
it routinely floods from storm events,
2) installing a new sidewalk along the western side of the road for pedestrian safety,
3) removing the existing stone revetment along the shoreline of the Currituck Sound within
the project area and replacing the revetment with a properly designed revetment with
the correct stone size, and
4) installing a living shoreline using sills and marsh restoration to add protection to the
shoreline.
The work will be located on Duck Road and includes multiple properties immediately west of
Duck Road starting at the Resort Realty office property and extending north to the Sunset Grille
and Raw Bar Restaurant. The street addresses of the properties are 1250, 1252, 1262, and 1264
Duck Road in the Town of Duck, Dare County, NC, which is adjacent to your property. The
application and project drawings are enclosed for your review. If you have objections or
comments, you have 30 days to submit your objection to the project using the attached
form and mailing it directly to the address below. Likewise, if you have no objections to the
proposed activity, please mark the appropriate statement below and return this form to:
AY McLows G¢:o
Suite 3
Engineers I scientists I Planners I Designers W.140msbu, ri, Vugmia 23185
P 757.2200500
P 757,9113 2794

Promenade at Duck. Lt(
Ret 33952.07
fJsweiTiber 1, 2022
Page 2
WUV 0 0 2022
Mr. Robert Corbett
North Carolina Department of Environmental Quality, Division of Coastal Management
401 S. Griffin Street, Suite 300
Elizabeth City, NC 27909
If no comments are received within 30 days of receipt of this notice, it will be considered that
you have no comments regarding this project. Please mark the appropriate statement below
and send your correspondence to Mr. Robert Corbett with the NC Division of Coastal
Management at the address above. If you have questions about the project, please do not
hesitate to contact Mr. Corbett directly at 252-264-3901.
Sincerely,
Van�assse Hangen Brustlin, Inc. (Agent on behalf of the Town of Duck)
R. Timothy Davis/
Senior Environmental Scientist
[e-mail]
RECFIVer)
Nov 2 8 2022
DCM-MHD CITY

110 V 0 ,i 2022
North Carolina Department of Environmental Quality, Division of Coastal Management
Adjacent Riparian Notification Form
RE: Town of Duck Coastal Resiliency and Living Shoreline Project
I have no objection to the project as described.
I have objection(s) to the project as described.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a
minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you
must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Print Name Signature of Adjacent Property Owner Date
Mailing Address and/or Email Address
Phone Number
RECEIVED
NOV 2 9 2022
DCr'v3--MHD CITY

November 1, 2022
Ref: 33952.07
Ships Watch Association
c/o Signature Touch Property Management
2600 N. Croatan Highway, 2nd Floor
Kill Devil Hills, NC 2794E
1
NO V 0 3 7022 � �B 1
�rhb.
�.y
Re: Town of Duck Coastal Resiliency and Living Shoreline Project
TO WHOM IT MAY CONCERN,
This correspondence is to notify you as a riparian property owner that the Town of Duck is
applying for a Coastal Area Management Act (CAMA) major permit from the North Carolina
Department of Environmental Quality to perform work on Duck Road and properties adjacent to
Duck Road. We are required to send you this notification with permit application materials. The
work includes:
1) raising a 1,335 linear foot section of Duck Road (NC Route 12) to elevation 5.7 feet where
it routinely floods from storm events,
2) installing a new sidewalk along the western side of the road for pedestrian safety,
3) removing the existing stone revetment along the shoreline of the Currituck Sound within
the project area and replacing the revetment with a properly designed revetment with
the correct stone size, and
4) installing a living shoreline using sills and marsh restoration to add protection to the
shoreline.
The work will be located on Duck Road and includes multiple properties immediately west of
Duck Road starting at the Resort Realty office property and extending north to the Sunset Grille
and Raw Bar Restaurant. The street addresses of the properties are 1250, 1252, 1262, and 1264
Duck Road in the Town of Duck, Dare County, NC, which is adjacent to your property. The
application and project drawings are enclosed for your review. If you have objections or
comments, you have 30 days to submit your objection to the project using the attached
form and mailing it directly to the address below. Likewise, if you have no objections to the
proposed activity, please mark the appropriate statement below and return this form to:
Engineers I scientists i Planners I Designers
RECEIVED
Sai14 '.
\NJhanubu, g. Vn(Pm.., 231r•.4
P 7572200SIX"
P 157 n03 2794
NOV 2 9 2022
CCM-MHD CITY

ShipVujlc P: Avoaalion
Ret: 3 152.07
N,memher 12022
Pooe 2
)(ov 0 3102z
P t'
`�Pviib
Mr. Robert Corbett
North Carolina Department of Environmental Quality, Division of Coastal Management
401 S. Griffin Street, Suite 300
Elizabeth City, NC 27909
If no comments are received within 30 days of receipt of this notice, it will be considered that
you have no comments regarding this project. Please mark the appropriate statement below
and send your correspondence to Mr. Robert Corbett with the NC Division of Coastal
Management at the address above. If you have questions about the project, please do not
hesitate to contact Mr. Corbett directly at 252-264-3901.
Sincerely,
Vanasse Hangen Brustlin, Inc. (Agent on behalf of the Town of Duck)
R. Timothy Davis
Senior Environmental Scientist
[e-mail]
j�FrFIVED
Nov 2 9 2022
OGIM_MHD CITY

110 V 0 3 2022
North Carolina Department of Environmental Quality, Division of Coastal Management
Adjacent Riparian Notification Form
RE: Town of Duck Coastal Resiliency and Living Shoreline Project
I have no objection to the project as described.
I have objection(s) to the project as described.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a
minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you
must Initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Print Name Signature of Adjacent Property Owner Date
Mailing Address and/or Email Address
Phone Number
RFCIEIVFD
NOV 2 9 2022
DCM-MHD CITY

AGUNITED SMTES
POST SERVICE.
MONTICELLO
5219 MONTICELLO AVE
WILLIAMSBURG, VA 23188-9998
[phone]
11/01/2022 03:17 PM
---- ---------------- -------------
Product Oty Unit Price
Price
First -Class Mall@ 1 $2.88
Large Envelope
MITI Devil Hills, NC 27948
Weight: 0 Ito 7.10 oz
Estimated Delivery Date
Thu 11/03/2022
Certified Mall@ $4.00
Tracking A:
70211970000127087457
Return Receipt $3.25
Tracking X:
9590 9402 5009 9063 5389 98
Total $10.13
First -Class Mail@ 1 $2.88
Large Envelope
Youngstown, PA 15696
Weight: 0 lb 7.10 oz
Estimated Delivery Date
Fri 11/04/2022
Certified Mail@ $4.00
Return Receipt $3.25
Tracking @:
9590 9402 5009 9063 5389 81
total $10.13
---- --- ----..—
Grand Total: $20.26
--'-----.. _---- `--- ---------I--------- -
Cash $21.00
Change -$0.74
.'---."-`--------- ----- -- -------'--
Text your tracking number to 28777 (2USPS)
to get the latest status. Standard Message
and Data rates may apply. You may also
visit www.usps.com USPS Tracking or call
1-800-222-1811.
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quick and easy chock -out. Any RetalI
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All sales final on stamps and postage.
Refunds for guaranteed services only.
Thank you for your business.
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Wetland Delineation Information
PFCF-wVFD
NOV 2 9 W,
0CW,--MFID CITY
B

urisdictional Determination Request
US Army Carpa
of Ertglneara
Waningtm Disidol
O C T 0 5 2022
This form is intended for use by anyone requesting ajurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting D G IVI ..: {✓
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
littp://www.saw.tisace.arnry.inii/Missions/Re tilatoryPermitProgi-ain/Contact/CoutityLocator.asnx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASH EV ILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801.5006
General Number: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE,
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number; [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910.251-4633
Fax Number: (9I0) 251-4025
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
RECEIVED
NOV 2 9 2022
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD DCM-MHD CIT'
may not be valid for the wetland conservation provisions of the Food Security Act of
1985. If you or your tenant are USDA Program participants, or anticipate participation in
USDA programs, you should also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1

jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: 1252 Duck Road
City, State: Duck, North Carolina OCT o 5 Roza.
County: Dare D C M — E' C
Parcel Index Number(s) (PIN): 985911771474
B. REQUESTOR INFORMATION
Name: Town of Duck attn: Mr. Joe Heard
Mailing Address: 1200 Duck Road
Duck, NC 27949
Telephone Number: [phone]
Electronic Mail Address: [e-mail]
Select one:
❑ I am the current property owner.
I am an Authorized Agent or Environmental Consultant'
❑ Interested Buyer or Under Contract to Purchase
Q other, please explain. Mr. Heard is the Director of
Community Development and responsible for this project
C. PROPERTY OWNER INFORMATION'
Name: Multiple owners cooperating with Town
Mailing Address:
Telephone Number:
Electronic Mail Address:
Must provide completed Agent Authorization Fonn/Lelter.
a Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/PareeVTax Record).
Version: May 2017 - - - LlQe 2
NOV 2 9 2022
DCM-MHD CITY

Jurisdictional Determination Request nrT n y 2072
D. PROPERTY ACCESS CERTIFICATION'-'
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on.
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duty authorized agent of the owner of record of the property.
Print Name
Capacity: ❑ Owner
11-17-21
Date
Signature
0 Authorized Agents
E. REASON FOR JD REQUEST: (Check as marry as applicable)
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
❑ I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts tojurisdictional aquatic resources and as an initial step in a future permitting
process.
t/ 1 intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
✓❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
eA Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ 1 believe that the site may be comprised entirely of dry land.
❑ Other:
For NCDOT requests following the current NCDOT/USACE protocols, skip to Pan E.
If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 PaRECEIVED
NOV 2 9 M?
DUM-MHD CITY

Jurisdictional Determination Request 0 C T o , 2022
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
✓❑ 1 am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.P.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a detennination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site detennined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
✓❑ Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓❑ Size of Property or Review Area 3.79 acres.
❑✓ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4
RECEIVED
NOY 2 9 2022
D M.-MFdn f'i ry

urisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
✓❑ Project Coordinates (Decimal Degrees): Latitude:
Longitude:
36 10' 19" N
-75 45' 24" W
0 C 1 0 5 202.2
W1A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than I Ix17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).'
■ North Arrow
• Graphical Scale
■ Boundary of Review Area
■ Date
• Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
• Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
• Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include ajustification in the label regarding why the feature is non -jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
r, L...�,
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
W1Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. httu //www.saw.usace arnry.nril/Missions/Regulatory-Pennit-
Version: May 2017
NOV 2 8 2C71
DCM-MHD k'-"`!,,

Jurisdictional Determination Request
✓❑ Completed appropriate Jurisdictional Determination form
• P� please complete a Preliminary Jurisdictional Determination Form r and include the
Aquatic Resource Table
• AM. please complete an Approved Jurisdictional Determination Forms
✓0 Vicinity Map
✓❑ Aerial Photograph
OCT 0 5 202Z
✓❑ USGS Topographic Map
Soil Survey Map �✓ s ¢_ .s
W1Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
ElOther Assessment Forms
8 Please see
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federaljurisd letion under the regulatory
authorities referenced above.
Ron tine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of public notice as required by federal
law. Your name and property location where federal jurisd iction is to be determined will be included in the
approvedjurisdiclional determination (AJD), which will be made avai table to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
p GiYi � liil�
Version: May 2017 Page G
NOV 2 9 2022
nCM-MHD CITY

«.YJe o
�� ,

aF Wo4uM. Wetyr. Grin�n¢rapri�b.
W r��MUESShMx16O�L enl
u. oa w. uwwaxru....a woc.�a.�K hb Duck Wetland D¢Iia¢alloa I Dar9CfMWy�t�r�l'Lu ry
R¢qu¢al for Pr¢aminary JurUEldb I n
o so r¢o- FlGUREt NOV 2 J ZGZ2
Solis Map
DCNI-MHD CITY

r,aW..
v'hb
en
o so IN
Duck Wetland Dellneallon I Dare County, NaM CaroI''m
Rsauest for Preliminary Jurisdictional Detsrminaeon RECEIVED
FIGURE
National Wetlands Inventory Map NOV 292C22
DCM-MHD CIT`

U.S. Army Corps of Engineers OMa Control p: 07f0-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET - Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT:
See ERDCIEL TR-07-24; the proponent agency is CECW-CO-R I
(Authority: AR 335-15, paragraph 5.2a)
Project/Site: NC 12 Resiliency and Living Shoreline Project City/County: Dare Sampling Date: 7/1012019
Applicant OwnCE Town of Duck State: NC Sampling Point: 1 Wet
Invesligator(s): VHB Section, Township, Range: N/A
Landfonn (hillside, terrace, etc.): Shoreline Local relief (concave, convex, none): Concave Slope (%): 0-2 %
Subreglon (LRR or MLRA): LRR T Let: 36.172168 Long:-76.756689 Datum: WGS 1985
Soil Map Unit Name: Newhan fine sand, 0 to 10 % slopes NWI Classification: Upland
Are climatic I hydrologic conditions on the site typical for this time of year? Yes X No_ (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology _significantly disturbed? Are "Normal Circumstances" present? Yes X No_
Are Vegetation _, Soil or Hydrology _naturally problematic? (If needed, explain any answers In Remarks.)
SUMMARY OF FINDINGS -Attach site map showing sampling point locations, transacts, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Sell Present? Yes X No within a Weiland? Yes X No_
Wetland Hydrology Present? Yes X No_
Remarks:
Plot located in emergent marsh wetland. n'„ �..� _ ., t ,r . i-=•�
OCT D 5 2022
HYDROLOGY nr' i /i-_l- ( ..
Welland Hydrology Indicators:
Secondary Indicators iminimum of two reoulred)
Primary Indicators (minimum of one is required:
check all that apply)
_Surface Soil Cracks (B6)
Surface Water (At) _Aquatic
Fauna (B13)
_Sparsely Vegetated Concave Surface (B8)
x High Water Table (A2) _
Marl Deposits (B15) (LRR U)
_Drainage Patterns (B10)
x Saturation (A3) _Hydrogen
Sulfide Odor (Cl)
_Moss Trim Lines (Bt6)
—Water Marks (B1) _Oxidized
Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Presence
of Reduced Iron (C4)
_Crayfish Burrows (CO)
—Drift Deposits (B3) _Recent
Iron Reduction in Tilled Soils (G6)
Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (84) _Thin
Muck Surface (C7)
_Geomorphic Position (132)
_ Iron Deposits(B5) _
Other (Explain in Remarks)
_ Shallow Aquilard(D3)
_ Inundation Visible on Aerial Imagery (B7)
X FAC-Neutral Test (135)
—Water-Stained Leaves (89)
_Sphagnum Moss (D8) (LRR T, U)
Field Observaliona:
Surface Water Present? Yes _ No
X Depth (Inches):
Water Table Present? Yes X No_
Depth (inches): 8
Saturation Present? Yes X No_
Depth (inches): 0
Weiland Hydrology Present? Yes X No_
Includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous Inspections), if
available:
No recorded data.
Remarks:
Two primary indicators of hydrology observed.
RECEIVED
NOV 2 9 ZGZ?
DCM-MHD CITY
ENG FORM 6116-2-SG, JUL 20118 Atlantic and Gulf Coastal Plain — Version 2.0

V "W"IM IIVI\ II IY6 VIIPIPt wow 0110111111, IIOIIIOJ VI pial Ito.
0Y111IIIIRJ I-V111L. 1 VVCI
so u e uomlnant
indicator
Tree Stratum (Plot size: )
% Cover Species?
Status
Dominance Teat workaheet:
1
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 3 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 3 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 100.09% (AIB)
=Total Cover
Prevalence Index worksheet:
50% of total cover:
20% of total cover:
Total % Cover of: Multiply by:
Sapling Stralum (Plot size: )
OBL species 41 x 1 = 41
1.
FACW species 97 x 2 = 194
2,
FAC species 38 x 3 = 114
3.
FACU species 0 x 4 = 0
4.
UPL species 0 x 5 = 0
5.
Column Totals: 176 (A) 349 (6)
6.
Prevalence Index = B/A= 1.98
=Total Cover
Hydrophytic Vegetation Indicators:
50% of total cover:
20% of total cover:
_ 1 - Rapid Test for Hydrophytic Vegetation
Shrub Stratum (Plot size: )
X 2 - Dominance Test is >50%
1.
X 3 -Prevalence Index is s3.0'
2.
_Problematic Hydrophytic Vegetation' (Explain)
3.
4.
'Indicators of hydric soil and wetland hydrology must
5.
6.
be present, unless disturbed or problematic.
Definitions of Five Vegetation Strata:
=Total Cover
50% of total cover:
20% of total cover:
Tree- Woody plants, excluding woody vines,
Herb Stratum (Plot size: 10' Radius )
approximately 20 fit (6 m) or more In height and 3In.
1. Phragmifes australis
97 Yes
FACW
(7.6 cm) or larger in diameter at breast height (DBH).
2. Janus tenuis
38 Yes
FAC
Sapling - Woody plants, excluding woody vines,
3. Afternanfhem philoxemides
38 Yes
OBL
approximately 20 ft (6 m) or more in height and less
4. Sagittada latifolla
3 No
OBL
than 3 in. ITS cm) DBH.
5.
Shrub - Woody Plants, excluding woody vines,
g
approximately 3 to 20 it (1 to 6 m) in height.
7.
Herb - All herbaceous (non -woody) plants, including
8.
herbaceous vines, regardless of size, and woody
g
plants, except woody vines, less than approximately 3
it (1 m) In height.
10
11
Woody Vine - All woody vines, regardless of height.
176 =Total Cover
50% of total cover: 88 20% of total cover: 36
Woody Vine Stratum (Plot size: 30' Radius
1.
2,
O C T 0 5 2022
3.
4.
5.
Hydrophytic f
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes X No
Remarks: (If observed, list morphological adaptations below.)
RECEIVED
ENG FORM 6116-2-SG, JUL 2018 NOV 2 9 M?
DCUI-MHD CITY
Atlantic and Gulf Coastal Plain - Version 2.0

SOIL Sampling Point: 1 Wet
Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type Lee Texture Remarks
0-3 5Y 2.511 100 Sandy
3-16 5GY 411 100 Sandy
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Solis':
_ Histosol (Al) _Thin
Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Hislic Epipedon (A2) _
Barrier Islands 1 cm Muck (S72)
_2 cm Muck (Al 0) (LRR S)
—Black Hislic (A3)
(MLRA 153B, 1i
_Coast Prairie Redox (A16)
Hydrogen Sulfide (A4) —Loamy
Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
_Stratified Layers (A5) —Loamy
Gleyed Matrix (F2)
_Reduced Vedic (F18)
_Organic Bodies (AS) (LRR P, T, U) —Depleted
Matrix (F3)
(outside MLRA 150A, 150B)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U) _
Redox Dark Surface (FB)
_ Piedmont Floodplain Solis (F19) (LRR P, T)
_Muds Presence (AS) (LRR U) —Depleted
Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (AS) (LRR P, T)
_Redox Depressions (F8)
(MLRA 163B)
_ Depleted Below Dark Surface (Al 1)
_Marl (F10) (LRR U)
—Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (1`71) (MLRA 151)
_ Very Shallow Dark Surface (F22)
_ Coast Prairie Redox (Al 6) (MLRA 150A)_
Iron -Manganese Masses (F12) (LRR O, P, T)
(outside MLRA 138, 162A In FL, 164)
Sandy Mucky Mineral (S1) (LRR O, S)
_Umbdc Surface (F13) (LRR P. T. U)
—Barrier Islands Low Chroma Matrix (TS7)
X Sandy Gleyed Matrix (S4)
_Delta Ochric (F17) (MLRA 151)
(MLRA 163S, 163D)
_Sandy Redox (S5)
_Reduced Vedic (Fi8) (MLRA 160A, 160B)
_Other (Explain in Remarks)
_Stripped Matrix (56)
_Piedmont Floodplain Soils (F19) (MLRA 149A)
—Dark Surface (S7) (LRR P, S, T, U)
_Anomalous Bright Floodplain Solis (F20)
Polyvalue Below Surface (SS)
(MLRA 149A, 153C, 163D)
3Indicalors of hydrophytic vegetation and
(LRR S, T, U)
—Very Shallow Dark Surface (F22)
wetland hydrology must be present.
(MLRA 138, 152A In FL, 154)
unless disturbed or problematic.
Restrictive Layer (If obscrvod):
Type:
Depth (inches): Hydric Soil Present? Yes X No
Indicator S4 observed.
REUN
O C T 0 y 2022
D (v;'.-
ENG FORM 6116.2•SG, JUL 2018 NOV 2 9 2M Atlantic and Gulf Coastal Plain —Version 2.0
DCM-1MHD CITY

U.S. Army Corps of Engineers OMB Control#: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET -Atlantic and Gulf Coastal Plain Region Re#ukementControl Symbol EXEMPT;
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R I
(Authority: AR 335.15, paragraph 5.2a)
ProjectlSite: NC 12 Resiliency and Living Shoreline Project City/County: Dare Sampling Date: 7/10/2019
ApplicantlOwner: Town of Duck State: NC Sampling Point: 2-up
Invesligalor(s): VHB Section, Township, Range: N/A
Landform (hillside, terrace, etc.): Shoreline terrace Local relief (concave, convex, none): None Slope (%): 0-2 %
Subregion (LRR or MLRA): LRR T Lat: 36.172175 Long:-75.756618 Datum: WGS 1985
Soil Map Unit Name: Newhan fine sand, 0 to 10 % slopes NWI classification: Upland
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No_ (If no, explain In Remarks.)
Are Vegetation_, Soil or Hydrology _slgnincenlly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation_, Soil _, or Hydrology _naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, Important features, etc.
Hydrophytic Vegetation Present? Yes X No_ Is the Sampled Area
Hydric Soil Present? Yes_ No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
Plot located Just landward of wetland shoreline of Curfituck Sound at a kayak launch area
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is requiredcheck all that apply)
—Surface Sell Cracks (136)
—Surface Water (Ai)
_Aquatic Fauna (B13)
_Sparsely Vegetated Concave Surface (B8)
_ High Water Table (A2)
_ Marl Deposits (815) (LRR U)
—Drainage Patterns (B70)
_Saturation (A3)
_ Hydrogen Sulfide Odor (CI)
—Moss Trim Lines (B18)
—Water Marks (81)
_Oxidized Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132)
—Presence of Reduced Iran (C4)
_Crayfish Burrows (CB)
_ Drift Deposits (83)
_Recent Iron Reduction in Tilled Solis (CB)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134)
_Thin Muck Surface (C7)
_Geomorphic Position (D2)
_ Iron Deposits (B5)
_Other (Explain In Remarks)
Shallow Aquitard (133)
_ Inundation Visible on Aerial Imagery (87)
X FAC-Neutral Test (D5)
—Water-Stained Leaves (139)
_Sphagnum Moss (DO) (LRR T, U)
Field Observations:
Surface Water Present? Yes _
No X Depth (inches):
Water Table Present? Yes_
No X Depth (inches): 16
Saturation Present? Yas_
No X Depth (inches): 16
Wetland Hydrology Present? Yes_ No X
includes ca illm hinge)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous Inspections), if available:
No recorded data.
Remarks:
No primary or secondary initiators of wetland
hydrology observed.
Ill,X:
O C T 0 5 2022
ENG FORM 6116-2-SG, JUL 2018
NOV 29 L`ZV
ACM-MHTi
Atlantic and Gulf Coastal Plain - Version 2.0

_-_-._ _.._. ._ -_._ -r _-�-_._......�............ p.... o...
v upu,a r -uy
Absolute Dominant
Indicator
Tree Stratum (Plot size: )
% Cover Species?
Status
Dominance Test worksheet:
1.
I'
Numer pf,DFFminanl Species
2.
- That re:�$L„PACW, or FAC: 3 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 3 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 100.0% (A/B)
=Total Cover
Prevalence Index worksheet:
50% of total cover:
20% of total cover:
Total % Cover of: Multiply by:
Sapling Stratum (Plol size: )
OBL species 3 x 1 = 3
i.
FACW species 63 x 2 = 126
2.
FAC species 56 x 3 = 168
3.
FACU species 6 x 4 = 24
4.
UPL species 3 x 5 = 15
5.
Column Totals: 131 (A) 336 (B)
6.
Prevalence Index = B/A = 2.56
=Total Cover
Hydrophylic Vegetation Indicators:
50% of total cover:
20% of total cover:
_ 1 - Rapid Test for Hydrophylic Vegetation
Shrub Stratum (Plot size: 15' radius )
X 2 - Dominance Test is >50%
1. Seiix caro/iniana
3 No
OBL
_ 3 - Prevalence Index Is 53.0'
2.
Problematic Hydrophylic Vegetation' (Explain)
3.
_
4.
5.
'Indicators of hydric Boll and welland hydrology must
6.
be present, unless disturbed or problematic.
Definitions of Five Vegetation Strata:
3 =Total Cover
50% of total cover:
2 20% of total cover:
1
Tree- Woody plants, excluding woody vines,
Herb Stratum (Plot size: 10' Radius )
approximately 20 ft (6 m) or more In height and 3 in.
1. Phragmiles australfs
63 Yes
FACW
(7.6 cm) or larger In diameter at breast height (DBH).
2. Campsis radicans
38 Yes
FAC
Sapling - Woody plants, excluding woody vines,
3. Commefina communis
3 No
FAC
approximately 201t (6 m) or more in height and less
4. Phytolacca americans
3 No
FACU
than 3 in. (7.6 cm) DBH.
S. Oenothere laciniala
3 No
FACU
Shrub - Woody Plants, excluding woody vines,
6. Dioscorea oppositifolia
3 No
UPL
approximately 3 to 20It (1 to 6 m) in height.
7'
Herb - All herbaceous (non -woody) plants, Including
8.
herbaceous vines, regardless of size, and woody
g,
plants, except woody vines, less then approximately 3
10
fl (i m) in height.
it.
Woody Vine -All woody vines, regardless of height.
113 =Total Cover
50% of total cover: 57 20% of total cover: 23
Woody Vine Stratum (Plot size: 30' Radius
)
1. Wis rotundifolie
15 Yes
FAC
2.
3.
4.
5.
Hydrophydic
15 =Total Cover
Vegetation
Vegetation
50% of total cover:
8 20% of total cover:
3
Present? Yes X No
Remarks: (If observed, list morphological adaptations below.)
E(\/rn
ENG FORM 6116-2-SG, JUL 2018 140V 2 9 M? Atlantic and Gulf Coastal Plain - Version 2.0
DCM-MHD CITY

SOIL
Sampling Point: 2-up
Profile Description: (Describe to the depth
needed to document the Indicator or confirm the absence of Indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) °h
Color (moist) % Type Loc
Texture Remarks
0.5 2.5Y 5/4 100
Sandy
5-8
Rock refusal
'Type: C=Concentration, D=De tenon, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining. M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric S01153:
_ Hislosol (All
_Thin Dark Surface (S9) (LRR S, T, U)
^1 cm Muck (AS) (LRR O)
Hislic Epipedon (A2)
_Barrier Islands 1 cm Muck (S12)
2 cm Muck (A10) (LRR S)
—Black Hislic (A3)
(MLRA 163B, 163D)
_Coast Prairie Redox (A78)
_Hydrogen Sulfide (A4)
_Loamy Mucky Mineral (Fi) (LRR 0)
(outside MLRA 150A)
_Stratified Layers (A5)
—Loamy Gleyed Matrix (F2)
_ Reduced Vedic (F18)
_Organic Bodies (AB) (LRR P, T, U)
_Depleted Matrix (F3)
(outside MLRA 150A, 16013)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
_Redox Dark Surface (176)
_ Piedmont Floodplaln Soils (F19) (LRR P, T)
_Muck Presence (AS) (LRR U)
_Depleted Dark Surface (F7)
_Anomalous Bright Floodplaln Soils (F20)
_1 cm Muck (A9) (LRR P, T)
_Redox Depressions (F8)
(MLRA 153B)
Depleted Below Dark Surface (At 1)
_Marl (F10) (LRR U)
_ Red Parent Material (F21)
Dark Surface (At 2)
_Depleted Ochric (F11) (MLRA 151)
—Very Shallow Dark Surface (F22)
—Thick
Coast Prairie Redox (A16) (MLRA 150A)_
Iron -Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 152A In FL, 164)
_
_Sandy Mucky Mineral (Si) (LRR 0, S)
_Umbric Surface (F13) (LRR P, T, U)
_Barrier Islands Low Chroma Matrix (TS7)
_Sandy Gleyed Matrix (S4)
_Delta Ochric (F17) (MLRA 161)
(MLRA 153B, 153D)
_Sandy Redox (85)
—Reduced Vertic (F18) (MLRA 150A, 150B) —Other (Explain in Remarks)
—Stripped Matrix (86)
_Piedmont Floodplain Soils (F19) (MLRA 149A)
Surface (S7) (LRR P, S, T, U)
_Anomalous Bright Floodplain Soils (F20)
_Dark
Polyvalue Below Surface (SA)
(MLRA 149A, 1530, 163D)
'Indicators of hydrophylic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (1722)
wetland hydrology must be present,
(MLRA 138, 152A in FL, 164)
unless disturbed or problematic.
Restrictive La or (If observed):
Type: Crap
Depth (inches): 5
Hydric Soil Present? Yes_ No X
Remarks:
No indicators of hydric soils observed.
a'
OCT 0 5 2022
REVIVED
ENG FORM 6116-2-SG, JUL 2018 NOV /' 9 n % Atlantic and Gulf Coastal Plain — Version 2.0
DCM-MHD CITY

U.S. Army Corps of Engineers pM9 Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requlremenf Control Symbol EXEMPT:
See ERDC/EL TR-07-24• the proponent agency is CECW-CO-R (Authority: AR 335.15, paragraph 5.28)
Project/Site: NC 12 Resiliency and Living Shoreline Project City/County: Dare Sampling Date: 7/10/2019
Applicant/Owner: Town of Duck State: NC Sampling Point: 3 Wet
Invesligalor(s): VHB Section, Township. Range: N/A
Landfonn (hillside, terrace, etc.): Shoreline Local relief (concave, convex, none): Concave Slope (%): 0-2 %
Subregion (LRR or MLRA): LRR T Let: 30,1723551 Long:-75.766589 Datum: WGS 1985
Soll Map Unit Name: Newhan fine sand O to 10 % slopes NWI classification: Upland
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No_ (If no, explain in Remarks.)
Are Vegelalion^,Soil_,or Hydrology _Significantly disturbed? Are 'Normal Circumstances' present? Yes X No_
Are Vegetation Soil _, or Hydrology _naturally problematic? (if needed, explain any answers In Remarks.)
SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transacts, important features, etc.
Hydrophyfic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soli Present? Yes X No within a Wetland? Yes X No_
Welland Hydrology Present? Yes X No_
Remarks:
Plot located in scrub -shrub wetland along shoreline. X
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two reaulred)
Primary Indicators (minimum of one is required' check
all that aoolv)
_Surface Soil Cracks (BB)
Surface Water (At) _Aquatic
Fauna (1313)
_Sparsely Vegetated Concave Surface (B8)
x High Water Table (A2) _Marl
Deposits (615) (LRR U)
_Drainage Patterns (B10)
x Saturation (A3) _Hydrogen
Sulfide Odor (CII)
_Moss Trim Lines (1318)
Marks (81) _Oxidized
Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
—Water
Deposits (132) _
Presence of Reduced Iron (C4)
_Crayfish Burrows (CB)
—Sediment
x Drift Deposits (133) _Recent
Iron Reduction in Tilled Soils (C6)
_Saturation Visible on Aerial Imagery (C9)
Mat or Crust (134) _Thin
Muck Surface (C7)
_Geomorphic Position (132)
_Algal
Deposits (85) _Other
(Explain In Remarks)
Shallow Aquilard (133)
_Iron
Inundation Visible on Aerial Imagery (137)
X FAC-Neutral Test (D5)
_
Water -Stained Leaves (Be)
„_Sphagnum Moss (138) (LRR T, U)
Field Observations:
Surface Water Present? Yes_ No
X Depth (Inches):
Water Table Present? Yes X No_
Depth (inches): 8
Saturation Present? Yes X No_
Depth (inches): 1
Weiland
Hydrology Present? Yes X No_
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), If
available:
No recorded data.
Remarks:
Two primary Indicators of hydrology observed.
iJ
CC i 0 5 2022
RECEIVED
ENG FORM 6116.2-SG, JUL 2018 I)CM-MHD CITY Atlantic and Gulf Coastal Plain —Version 2.0

VEGETATION (Five Strata) - Use scientific names of plants.
Sampling Point: 3 Wet
Tree Stratum (Plot size: )
% Cover Species?
Status
Dominance Test worksheet:
1.
Number of Dominant Species
2,
That Are OBL, FACW, or FAC: 3 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 3 (B)
5.
Percent of Dominant Species
6,
That Are OBL, FACW, or FAC: 100.0% (AID)
=Total Cover
Prevalence Index worksheet:
50% of total cover:
20% of total cover:
Total % Cover of: Multiply by:
Sablirla Stratum (Plol size: )
OBL species 38 x 1 = 38
1.
FACW species 126 x 2 = 252
2.
FAC species 15 x 3 = 45
3.
FACU species 3 x 4 = 12
4.
UPL species 0 x 5 = 0
5.
Column Totals: 182 (A) 347 (B)
6•
Prevalence Index = BIA = 1.91
=Total Cover
Hydrophytic Vegetation Indicators:
50% of total cover:
20% of total cover:
_ 1 - Rapid Test for Hydrophytic Vegetation
Shrub Stratum (Plot size: 15' Radius )
X 2 - Dominance Test is >50%
1. Selix caroliniana
38 Yes
OBL
X 3 -Prevalence Index is 53.0'
2. Diospyros virginiana
3 No
FAC
_Problematic Hydrophytic Vegetation' (Explain)
3. Morelia cerifers
3 No
FAC
4. Baccharis haffmifolia
3 No
FAC
5.
'Indicators of hydric soil and wetland hydrology must
6,
be present, unless disturbed or problematic.
Definitions of Five Vegetation Strata:
47 =Total Cover
50% of total cover:
24 20% of total cover:
10
Tree - Woody plants, excluding woody vines,
Herb Stratum (Plot size: 10' Radlus )
approximately 20 ft (6 m) or more in height and 3 in.
1. Phragmites austniffs
85 Yes
FACW
(7.6 cm) or larger In diameter at breast height (DBH).
2. Milranis scandens
38 Yes
FACW
Sapling - Woody plants, excluding woody vines,
3. Parthenocissus quinquefolia
3 No
FACU
approximately 20 it (6 m) or more in height and less
4. Vigna luteola
3 No
FACW
than 31n. (7.6 cm) DBH.
5. Eupatorium serotinum
3 No
FAC
Shrub - Woody Plants, excluding woody vines,
6. Commelina communis
3 No
FAC
approximately 3 to 20 it (t to 6 m) in height.
7.
Herb -AII herbaceous (non -woody) plants, Including
B.
herbaceous vines, regardless of size, gn-dwoody
9
plants, except woody vines, less than approximately 3
it (1 m) in height.
10
11
Woody Vine - All woody vines, regardless of height.
135 =Total Cover
" " r" • !�!^�
9.z `'
50% of total cover: 68 20% of total cover: 27"";
Woody Vine Slralum (Plot size: 30' Radlus
)
�- • tJ
1.
2.
o c I (I S io2i
3.
4.
5.
HYdroPhYlic ,i "�_� - _ , - :'.�. C
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes X No
Remarks: (If observed, list morphological adaptations below)
RECEIVED
ENG FORM 6116-2-9G, JUL 2018
NOV 2 9 2022
DCM-MHD CITY
Atlantic and Gulf Coastal Plain - Version 2.0

SOIL
Sampling Point: 3 Wet
Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.)
Depth Matrix Radox Features
(Inches) Color (moist) % Color (moist) % Type Loc Texture
0-1 2.5Y 516 100
1-11 1OYR 211 100
11-18 2.5Y 512 100
�tion. RM=Reduced Matrix. MS=Masked Sand Graim
Remarks
Sandy
Sandy 75% sand grains coaled
Sandy
Hydrlc Soil Indicators: (Applicable to all LRRa, unless otherwise noted.)
Indicators for Problematic Hydrlc Sells':
_ Histosol (Al) _Thin
Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2) _
Barrier Islands 1 cm Muck (S12)
_2 cm Muck (A1O) (LRR S)
_Black Histic (A3)
(MLRA INS, 163D)
_Coast Prairie Redox (A16)
_ Hydrogen Sulfide (A4) —Loamy
Mucky Mineral (FI) (LRR 0)
(outside MLRA 150A)
—Stratified Layers (A5) _
Loamy Gleyed Matrix (F2)
—Reduced Vedic (F18)
_Organic Bodies (A6) (LRR P, T, U) _Depleted
Matra (0)
(outside MLRA 150A, 150B)
_5 om Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
_Piedmont Floodplain Soils (F19) (LRR P, T)
—Muck Presence (AB) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 163B)
_ Depleted Below Dark Surface (At 1)
_ Marl (F10) (LRR U)
—Red Parent Material (F21)
_ Thick Dark Surface (At 2)
_ Depleted Ochre (F11) (MLRA 151)
—Very Shallow Dark Surface (F22)
_Coast Prairie Redox (A16) (MLRA 160A)_
Iron -Manganese Masses (F12) (LRR 0, P, T)
(outside MLRA 138, 162A In FL, 164)
_Sandy Mucky Mineral (St) (LRR 0, S)
_ Umbric Surface (F13) (LRR P, T, U)
_Barrier Islands Low Chrome Matrix (TS7)
_Sandy Gleyed Matrix (84)
_ Della Ochric (F17) (MLRA 161)
(MLRA 153B, 163D)
_Sandy Redox (S5)
_Reduced Vertic (F18) (MLRA 1 BOA, 150B)
_ Other (Explain In Remarks)
Stripped Matrix (86)
_ Piedmont Floodplain Soils (F19) (MLRA 149A)
X Dark Surface (S7) (LRR P, S, T, U)
Bright Floodplain Soils (F20)
_Polyvalue Below Surface (S8)
_Anomalous
(MLRA 149A, 153C, 163D)
3Indicators of hydrophytic vegetation and
(LRR 3, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 152A in FL, 164)
unless disturbed or problematic.
Restrictive Layer (If observed):
Type:
Depth (inches): Hydrlc Boll Present? Yes X No
Indicator S7 observed.
RECEIVED
OC r p 5 2022
ENG FORM 6116-2-SG, JUL 2018
NOV 2 9 W?
DCM-MHD CITY
Atlantic and Gulf Coastal Plain -Version 2.0

U.S. Army Corps of Engineers OMB Control 0: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET - Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R I
(Authority: AR 335-15, paragraph 5.2a)
Project/Site: NC 12 Resiliency and Living Shoreline Project City/County:
Applicant/Owner: Town of Duck
Sampling Date: 7/10/2019
Slate: NC Sampling Point: 4 Wet
Invesligator(s): VHB Section, Township, Range: NIA
Landform (hillside, terrace, etc.): Shoreline Loral relief (concave, convex, none): Concave Slope (%): 0-2 %
Subregion (LRR or MLRA): LRR T Let: 30.173401 Long:-75.7666065 Datum: WGS 1985
Soil Map Unit Name: Dune land-Newhan complex, 2 to () % slopes NW classification: Upland
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No_ (If no, explain in Remarks.)
Are Vegetation_, Soil —,or Hydrology_ significantly disturbed? Are "Normal Circumstances" present? Yes X No_
Are Vegetation_, Soil or Hydrology _ naturally problematic? (If needed, explain any answers in Remarks)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, Important features, etc.
Hydrophytic Vegetation Present? Yes X No_ Is the sampled Area
HydricSoil Present? Yes X No_ within a Wetland? Yes X No_
Welland Hydrology Present? Yes X No_
Remarks:
Plot located In emergent wetland along shoreline
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is reguiredd
check all that apply)
_Surface Soil Cracks (BB)
_ Surface Water (Al)
x Aquatic Fauna (B13)
_Sparsely Vegetated Concave Surface (BB)
x High Water Table (A2)
_Marl Deposits (B15) (LRR U)
_Drainage Patterns (B10)
x Saturation (A3)
Sulfide Odor (Cl)
_Moss Trim Lines (016)
x Water Marks (B1)
_Hydrogen
_Oxidized Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
Deposits (B2)
_Presence of Reduced Iron (C4)
_Crayfish Burrows (CB)
_Sediment
_ Drift Deposits (B3)
_Recent Iron Reduction in Tilled Soils (C6)
_Saturation Visible on Aerial Imagery (CO)
_Algal Mal or Crust (B4)
_Thin Muck Surface (C7)
_Geomorphic Position (D2)
_Iron Deposits (B5)
_Other (Explain in Remarks)
Shallow Aquitard (133)
_ Inundation Visible on Aerial Imagery
(B7)
X FAC-Neutral Test (135)
—Water-Stained Leaves (B9)
_Sphagnum Moss (DB) (LRR T, U)
Field Observations:
Surface Waler Present? Yes_
No X Depth(inches):
Water Table Present? Yes X
No_ Depth (inches): 2
Saturation Present? Yes X
No_ Depth (inches): 0
Wetland Hydrology Present? Yes X No_
Includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
No recorded data.
Remarks:
Two primary indicators of hydrology observed.
OC1 0 5 2022
RECEIVED
ENG FORM 6116.2-SG, JUL 2018 NOV 2 9 2W Atlantic and Gulf Coastal Plain -Version 2.0
OGM-MHD CITY

v. IAan...
uomlNn}I 1.1111. Y vvel
Absolute Dominant
Indicator
Tree Stratum (Plot size: )
%Cover Species?
Status
Dominance Test worksheet:
1.
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 1 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 1 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 100.0% (AIB)
=Total Cover
Prevalence Index worksheet:
50% of total cover:
20% of total cover:
Total % Cover of: Multiply by:
Sapling Slistum (Plot size: )
OBL species 78 x 1 = 78
1.
FACW species 3 x 2 - 6
2.
FAC species 0 z 3 = 0
3.
FACU species 0 x 4 = 0
4.
UPL species 0 x 5 = 0
5.
Column Totals: 81 (A) 84 (B)
8.
Prevalence Index = BIA = 1.04
=Total Cover
Hydrophytic Vegetation Indicators:
50% of total cover:
20% of total cover:
_ i - Rapid Test for Hydrophytic Vegetation
Shrub Stratum (Plot size: 15' Radius )
X 2 - Dominance Test Is >50%
1.
X 3 - Prevalence Index is 93.0'
2.
-Problematic Hydrophytic Vegetation' (Explain)
3.
4.
'Indicators of hydric soil and wetland hydrology must
5.
6.
be present, unless disturbed or problematic.
Definitions of Five Vegetation Strata:
=Total Cover
50% of total cover:
20% of total cover:
Tree- Woody plants, excluding woody vines,
Herb Stratum (Plot size: 10' Radius )
approximately 20 It (6 m) or more In height and 3In.
1. Juncus memerlanus
63 Yes
OBL
(7.6 cm) or larger In diameter at breast height (DBH).
Sapling - Woody plants, excluding woody vines,
2. Sagittana lancifolia 15 No OBL
3. Phragmifes australis
3 No
FACW
approximately 20 It (6 m) or more In height and less
4
than 3 in. (7.6 cm) DBH.
5.
Shrub - Woody Plants, excluding woody vines,
B.
approximately 3 to 20 It (1 to 6 m) In height.
7.
Herb - All herbaceous (non -woody) plants, Including
herbaceous vines, regardless of size, and woody
8.
g
plants, except woody vines, less than approximately 3
8 (1 m) in height.
10
11
Woody Vine- All woody vines, regardless of height.
81 =Total Cover
-
50% of total cover: 41 20% of total cover: 17
Woody Vine Stratum (Plot size: 30'Radlus
�6
1.
2.
oar a 5 coax
3.
4.
5.
Hydrophytic✓
=Total Cover
Vegetation
60%of total cover:
20% of total cover:
Present? Yes X No
Remarks: (If observed, list morphological adaptations below.)
RECEIVED
ENO FORM 6116.2SO, JUL 2018 NOV ,P 9 202?
DCM-MHD CITY
Atlantic and Gulf Coastal Plain - Version 2.0

SOIL
Sampling Point: 4 Wet
Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type Loc Texture Remarks
0-1 2.5Y 413 100
1-18 2.5Y 312 100
ition. RM=Reduced Matrix. MS=Masked Sand Grain
Sandy
Sandy
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric
_Histosol (All
_Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_Hlstic Eplpedon (A2)
—Barrier Islands 1 cm Muck (S12)
_2 cm Muck (At 0) (LRR S)
—Black Histic (A3)
(MLRA 153B, 153D)
_Coast Prairie Redox (At 6)
_Hydrogen Sulfide (A4)
Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
_Stratified Layers (A5)
_ Loamy Gleyed Matrix (F2)
_ Reduced Venlc (F18)
_Organic Bodies (AS) (LRR P, T, U)
_Depleted Matrix (F3)
(outside MLRA 150A, 150B)
5 on Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (FB)
_Piedmont Floodplain Soils (F19) (LRR P, T)
—Muck Presence (A6) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplaln Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 153B)
_Depleted Below Dark Surface (At 1)
—Marl (F10) (LRR U)
—Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F71) (MLRA 161)
_ Very Shallow Dark Surface (F22)
_Coast Prairie Redox (A16) (MLRA 150A)_Iron-Manganese
Masses (F12) (LRR O, P, T)
(outside MLRA 138, 152A In FL, 154)
Sandy Mucky Mineral (S1) (LRR O, S)
Umbnc Sudace(F13) (LRR P, T, U)
_ Barrier Islands Low Chroma Matrix (TS7)
_ Sandy Gleyed Matrix (S4) _Delta Ochdc (F17) (MLRA 161) (MLRA 153B, 163D)
—Sandy Redox (S5) _Reduced Venic (F18) (MLRA 150A, 160B) X Other (Explain in Remarks)
_Stripped Matrix (SO) _Piedmont Flootlplain Soils (F19) (MLRA 149A)
—Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Flootlplain Soils (F20)
_ Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 31ndicators of hydrophytic vegetation and
(LRR S, T, U) _Very Shallow Dark Surface (F22) wetland hydrology must be present,
(MLRA 138,152A in FL, 164) unless disturbed or problematic.
Restrictive Layer (If observed):
Type:
Depth (inches):
Hydric Soil Present? Yes x No
This data point was taken in the Juncus marsh where It is Inundated by fluctuations in the Currituck Sound water level. Soils assumed to be hydric
based on position, vegetation, and degree of wetness observed.
0cr 0 5 2022
ENG FORM 8118.2•SG, JUL 2018 NOV 2 9 2"1"? Atlantic and Gulf Coastal Plain —Version 2.0
DCM-MHD CITY

U.S. Army Corps of Engineers OMB Control M: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET -Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24' the proponent agency is CECW-CO-R (Authority: AR 335-16, paragraph 6.2a)
Project/Site: NC 12 Resiliency and Living Shoreline Project City/County: Dare Sampling Dale: 7/10/2019
Applicant/Owner: Town of Duck State: NC Sampling Point: 5 Wet
Investigator(s): VHB Section, Township, Range: N/A
Landform (hillslde, terrace, etc.): Shoreline Local relief (concave, convex, none): Concave Slope (%): 0-2 %
Subregion (LRR or MLRA): LRR T Lal: 36.1741103 Long:-75.766626 Datum: WGS 1985
Soil Map Unit Name: Dune land-Newhan complex 2 to 40 % slopes NWI classification: Upland
Are climatic? hydrologic conditions on the site typical for this time of year? Yes X No_ (If no, explain in Remarks.)
Are Vegetation_, Soil_, or Hydrology_ significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation_, Soil of Hydrology_ naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transacts, Important features, etc.
Hydrophylic Vegetation Present? Yes X No_ Is the Sampled Area
Hydric Soil Present? Yes X No_ within a Welland? Yes X No_
Welland Hydrology Present? Yes X No_
Remarks:
Plot located in a small patch of Juncus roemerianus marsh
uvnonl nrry
Welland Hydrology Indicators:
Secondary Indicators (minimum of two reouired)
Primary Ind icaters (minimum of one is required check
all that apply) _
Surface Soil Cracks (66)
Water (At) x
Aquatic Fauna (B13)
_Sparsely Vegetated Concave Surface (BB)
_Surface
x High Water Table (A2) —Marl
Deposits (B15) (LRR U)
_Drainage Patterns (B10)
x Saturation (A3) _Hydrogen
Sulfide Odor (Ci)
_Moss Trim Lines (B116)
x Water Marks (81) _Oxidized
Rhlzospheres on Living Roots (C3)
_Dry -Season Water Table (C2)
Deposits (B2) _Presence
of Reduced Iron (C4)
_Crayfish Burrows (C8)
_Sediment
x Drift Deposits (B3) _Recent
Iron Reduction In Tilled Soils (C6)
_Saturation Visible on Aerial Imagery (C9)
Mat or Crust (B4) _Thin
Muck Surface (C7)
_Geomorphic Position (D2)
_Algal
Iron Deposits (B5) _Other
(Explain in Remarks)
Shallow Aqultard (D3)
_
Visible on Aerial Imagery (B7)
X FAC-Neutral Test (D5)
—inundation
Water -Stained Leaves (B9)
_Sphagnum Moss (D8) (LRR T, U)
Field Observations:
SurfaceWater Present? Yes_ No
X Depth (inches)!
Water Table Present? Yes X No_
Depth(inches): 2
Saturation Present? Yes X No_
Depth (Inches): 0
Wetland Hydrology Present? Yes X No_
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous Inspections), If
available:
No recorded data.
Remarks:
Two primary indicators of hydrology observed.
OC i 0 5 2027.
ENG FORM 6116-2-SG, JUL 2018 NOV 2 q 10 Atlantic and Gulf Coastal Plain -Version 2.0
DCM-MHD CITY

VC 1 n r IWIN lrwc Ouala/- we Duc1 Iuu4 nan IWO VI IJIGOIJ.
JPnihlllla 'V.'". aymr
Absolute Dominant
Indicator
Tree Stratum (Plot size: )
% Cover Species?
Status
Dominance Test worksheets
1
Number of Dominant Species
2,
That Are OBL, FACW, or FAC: 1 (A)
3.
Total Number of Dominant
Species Across All Strata: 1 (B)
4.
5.
Percent of Dominant Species
6.
That Are COL. FACW, or FAC: 100.0% (A/B)
=Total Cover
Prevalence Index worksheet:
50% of total cover:
20% of total cover:
Total % Cover of: Multiply by:
Sapling Stratum (Plot size: )
DEL species 85 x 1 = 85
1.
FACW species 0 x 2 = 0
2.
FAC species 0 x 3 = 0
3.
FACU species 0 x 4 = 0
4.
UPL species 0 x5= 0
5.
Column Totals: 85 (A) 85 (B)
6.
Prevalence Index = B/A= 1.00
=Total Cover
Hydrophylic Vegetation Indicators:
50% of total cover:
20% of total cover:
_ 1 - Rapid Test for Hydrophytic Vegetation
Shrub Stratum (Plot size: 15' Radius )
X 2 - Dominance Test is >50%
1.
X 3 - Prevalence Index Is 93.0'
2.
_Problematic Hydrophytic Vegetation' (Explain)
3.
4.
5.
'Indicators of hydrlc sell and wetland hydrology must
6.
be present, unless disturbed or problematic.
Definitions of Five Vegetation Strata:
=Total Cover
50% of total cover;
20% of total cover:
Tree- Woody plants, excluding woody vines,
Herb Stratum (Plot size: 10' Radius )
approximately 20 It (6 m) or more in height and 31n.
1. Juncus roemerlanus
85 Yes
OBL
(7.6 cm) or larger in diameter at breast height (DBH).
2.
Sapling - Woody plants, excluding woody vines,
3,
approximately 20 a (6 m) or more in height and less
4
than 31n. (7.6 cm) DBH.
5.
Shrub - Woody Plants, excluding woody vines,
6
approximately 3 to 20 It (1 to 6 m) In height.
7.
Herb -AII herbaceous (non -woody) plants, Including
herbaceous vines, regardless of size, and woody
8.
g
plants, except woody vines, less than approximately 3
fl (1 m) in height.
10
11
Woody Vine -AII woody vines, regardless of height.
86 -Total Cover
50% of total cover: 43 20% of total cover: 17
Woodv Vine Stratum (Plot size: 30' Radius
)
L., _ ,. • , r .
L {.a�
2.
3•
01; T 0 5 20t2.
4.
6.
Hydrophytic
=Total Cover
Vegetation s
50% of total cover:
20% of total cover:
Present? Yes XNo
Remarks: (If observed, list morphological adaptations below.)
ENG FORM 6116-2-SG, JUL 201E RECrRIUFD Atlantic and Gulf Coastal Plain -Version 2.0
NOV 2 9 2022
r ..^ .aaAall rITY

SOIL
Sampling Point! 5 wet
Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color(molst) % Color(molst) % Type Loc Texture Remarks
0-2 2.5Y 5/3 100
2-12 5Y 3/1 100
12-16
Sandy
_ Sandy 70%coaled
Sandy Unconsolidated sand
'T e: C=Concentration, D=De lelion, RM=Reduced Matrix, MS=Masked Sand Grains.
`Location: PL=Pore Lining. M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils':
_Histosol (Al)
—Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (Ag) (LRR O)
Histic Epipedon (A2)
Barrier Islands 1 cm Muck (S12)
_ 2 cm Muck (A10) (LRR S)
_Black Histic (A3)
(MLRA 163B, 163D)
_Coast Prairie Redox (A18)
—Hydrogen Sulfide (A4)
_ Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
_Stratified Layers (A5)
_Loamy Gleyed Matrix (F2)
_ Reduced Vedic (Fl8)
_Organic Bodies (AS) (LRR P, T, U)
_Depleted Matrix (F3)
(outside MLRA 150A, 1508)
_5 cm Mucky Mineral (A7) (LRR P, T, U)
_Redox Dark Surface (F8)
_ Piedmont Floodplain Soils (1`19) (LRR P, T)
_ Muck Presence (AB) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (1720)
_ 1 cm Muck (A9) (LRR P, T)
_Redox Depressions (F6)
(MLRA 153B)
_ Depleted Below Dark Surface (All)
_Marl (Flo) (LRR U)
—Red Parent Material (F21)
Dark Surface (Al2)
—Depleted Ochric (F11) (MLRA 161)
_Very Shallow Dark Surface (F22)
_Thick
_Coast Prairie Redox (A16) (MLRA 150A)_
Iron -Manganese Masses (F12) (LRR O, P. T)
(outside MLRA 138, 162A In FL, 154)
_Sandy Mucky Mineral (St) (LRR O, S)
_ Umbric Surface (F13) (LRR P, T, U)
_ Barrier Islands Low Chroma Matrix (TS7)
Sandy Gleyed Matrix (S4)
—Delta Ochric (F17) (MLRA 161)
(MLRA 153B, 153D)
_Sandy Redox (S5)
—Reduced Vertic (F18) (MLRA 150A, 1508)
Other (Explain in Remarks)
_Stripped Matrix (SB)
_Piedmont Floodplain Soils (F19) (MLRA 149A)
X Dark Surface (S7) (LRR P, S, T. U)
Bright Floodplain Soils (F20)
_ Polyvalue Below Surface (S8)
_Anomalous
(MLRA 149A, 163C, 153D)
'Indicators of hydrophylic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 162A In FL, 164)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric SoR Present? Yes x No
Indicator S7 observed. Soil is frequently inundated by Curriluck Sound water levels.
0Cr o 5 z�zz
RF(;FE't , ;"
ENG FORM 6116-2-SG, JUL 2018 NOV 2 9 202? Atlantic and Gulf Coastal Plain —Version 2.0
DCM-MHD CITY

U.S. Army Corps of Engineers OMB Control N: 0710.xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET -Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority. AR 335.15, paragraph Fla)
Project/Site: NC 12 Resiliency and Living Shoreline Project City/County: Dare Sampling Dale: 7/1012019
Applicant/Owner; Town of Duck State: NC Sampling Point: 6 Up
Investigalor(s): VHB Section, Township, Range: N/A
Landform (hillside, terrace, etc.): Shoreline Local relief (concave, convex, none): Concave Slope (%): 0-2 %
Subregion (LRR or MLRA): LRR T Let: 36.1741073 Long:-75.7565673 Datum: WOS 1985
Soil Map Unit Name: Dune land-Newhan complex, 2 to 40 % slopes NWI classification: Upland
Are climatic I hydrologic conditions on the site typical for this lime of year? Yes X No_ (If no, explain in Remarks.)
Are Vegetation_, Soil_, or Hydrology _significantly, disturbed? Are "Normal Circumstances" present? Yes X No_
Are Vegetation_, Soil _, or Hydrology _naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transacts, important features, etc.
Hydrophylic Vegetation Present? Yes X NO— I Is the Sampled Area
Hyddc Soil Present? Yes No X within a Welland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
Plot located along upper section of riprap shoreline above the MHW line
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required:
check all that apply)
Soil Cracks (B6)
_Surface Water (At)
_Aquatic Fauna (B13)
_Surface
_Sparsely Vegetated Concave Surface (B8)
_High Water Table (A2)
—Marl Deposits (B15) (LRR U)
—Drainage Patterns (B10)
_Saturation (A3)
—Hydrogen Sulfide Odor (Cl)
_ Moss Trim Lines (B16)
—Water Marks (81)
_Oxidized Rhlzospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
_Sediment Deposits (B2)
—Presence of Reduced Iron (C4)
_ Crayfish Burrows (C8)
_Drift Deposits (B3)
—Recent Iron Reduction in Tilled Solis (CB)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (B4)
—Thin Muck Surface (C7)
_Geomorphic Position (132)
_ Inn Deposits (B5)
_Other (Explain In Remarks)
_ Shallow Aqultard (03)
_ Inundation Visible on Aerial Imagery
(B7)
_ FAC-Neutral Test (D5)
—Water-Stained Leaves (B9)
_ Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes _
No X Depth (Inches):
Water Table Present? Yes _
No X Depth (inches):
Saturation Present? Yes_
No X Depth (inches):
Wetland
Hydrology Present? Yes_ No X
Includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
No recorded data.
Remarks:
Plot located on crest of riprap revetment
several feet above the MHW.
- -
O C T O y 2022
RECEIVED
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0
NOV 2 9 2022
nnnl Aar rM ArTv

. ....... r.. w.. t. ... ...... ..f - - - F.meu.
uaniPuug rmm. ouP
Absolute Dominant
indicator
Tree Stratum (Plot size: )
% Cover Species?
Status
Dominance Test worksheet:
1.
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 4 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 4 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 100.0% (A/B)
=Total Cover
Prevalence Index worksheet:
50% of total cover:
20% of total cover:
Total % Cover of: Multiply by:
Sapling Stratum (Plot size: )
OBL species 3 x 1 = 3
1.
FACW species 6 x 2 = 12
2.
FAC species 63 x 3 = 169
3.
FACU species 0 x 4 = 0
4.
UPL species 0 x 5 = 0
5.
Column Tolals: 72 (A) 204 (B)
6.
Prevalence Index = B/A = 2.83
=Total Cover
Hydrophytic Vegetation Indicators:
50% of total cover:
20% of total cover:
_ 1 - Rapid Test for Hydrophytic Vegetation
Shrub Stratum (Plot size: 15' Radius )
X 2 - Dominance Test is >50%
1.
3- Prevalence Index is 53.0'
_ Problematic Hydrophylic Vegetation' (Explain)
2.
3.
4.
5.
'Indicators of hydric soil and wetland hydrology must
6.
be present, unless disturbed or problematic.
=Total Cover
Definitions of Five Vegetation Strata:
50% of total cover:
20% of total cover:
Tree - Woody plants, excluding woody vines,
Herb Stratum (Plot size: 10' Radius )
approximately 20 ft (6 m) or more in height and 31n.
1. Phragm@es ausfralis
3 Yes
FACW
(7.6 cm) or larger In diameter at breast height (DBH).
2. Iva frufescens
3 Yes
FACW
Sapling - Woody plants, excluding woody vines,
3. Atternanthera philoxeroiUes
3 Yes
OBL
approximately 20 ft (6 m) or more in height and less
4
than 3 in. (7.6 cm) DBH.
5.
Shrub - Woody Plants, excluding woody Ones,
6.
approximately 3 to 20 it (1 to 6 m) in height.
7.
Herb -AII herbaceous (non -woody) plants, Including
8.
herbaceous vines, regardless of size, and woody
g,
plants, except woody vines, less than approximately 3
10
8 (1 m) In height.
11.
Woody Vine -AII woody vines, regardless of height.
9 =Total Cover
50% of total cover: 5 20% of total cover: 2
Woody Vine Stratum (Plot size: 30' Radius
)
_ n
I` . i .`
,'
1. Ampelopsis arboma
63 Yes
FAC
2.
2
OCi 0 5 022
3.
4.
5.
Hydrophytld;,.
63 =Total Cover
Vegetation
50% of total cover:
32 20% of total cover:
13
Present? Yes X No
ENG FORM 6116.2-SG, JUL 2018 NOV 2 J 20n Atlantic and Gulf Coastal Plain- Version 2.0
DCM-MHD CITY

OUIL
oarnpnng runr.
Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.)
Depth Matrix Redox Features
(inches) Color(molst) % Color (moist) % Type Loc Texture Remarks
1-5
Rock
M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils':
_ Histosol (Al) _Thin
Dark Surface (SO) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
Histic Fpipedon (A2) —Barrier
Islands 1 cm Muck (S12)
_2 cm Muck (AID) (LRR S)
_Black Histic (A3)
(MLRA 153B, 153D)
_Coast Prairie Redox (A16)
_Hydrogen Sulfide (A4)
_Loamy Mucky Mineral (Fi) (LRR O)
(outside MLRA IBOA)
_Stratified Layers (A5)
-Loamy Gleyed Matrix (F2)
_ Reduced Vedic (1718)
_Organic Bodies (A6) (LRR P, T, U)
—Depleted Matrix (F3)
(outside MLRA 150A, 160B)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
—Piedmont Floodplain Soils (F19) (LRR P, T)
_ Muck Presence (AB) (LRR U)
—Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (1720)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 1538)
_Depleted Below Dark Surface (At1)
_Marl (F10) (LRR U)
_Red Parent Material (F21)
Dark Surface (A72)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
_Thick
Prairie Redox (A16) (MLRA 150A)_Iron-Manganese
Masses (F12) (LRR O, P, T)
(outside MLRA 138, 162A in FL, 154)
_Coast
_Sandy Mucky Mineral (S1) (LRR O, S)
_Umbric Surface (F13) (LRR P, T, U)
_ Bawler Islands Low Chrome Matrix (TS7)
—Sandy Gleyed Matrix (S4)
_Della Ochdc (F17) (MLRA 161)
(MLRA 163B, 153D)
—Sandy Redox (S5)
_ Reduced Vedic (F18) (MLRA 150A, 150B)
_Other (Explain in Remarks)
_Stripped Matfix (86)
_ Piedmont Floodplam Soils (F19) (MLRA 149A)
Surface (S7) (LRR P, S, T, U)
_Anomalous Bright Floodplain Soils (F20)
_Dark
Polyvalue Below Surface (S8)
(MLRA 149A, 153C, 153D)
'Indicalors of hydrophytic vegetation and
(LRR S. T, U)
_Very Shallow Dark Surface (1722)
wetland hydrology must be presenl,
(MLRA 138, 152A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type: Riprap
Depth (inches): 0 Hydric Soil Present? Yes_ No X
No natural soils. Plot is the riprap revetment located between MHW and the NG12 roadbed.
OCT 0 5 2022
RECEIVED
ENG FORM 6116-2-SG, JUL 2018 NOV 292022 Atlantic and Gulf Coastal Plain — Version 2.0
0CM-MHD CITY

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
A. REPORT COMPLETION DATE FOR PJD: 08/25/21
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Joe Heald 1200 Duck Road Duck, NC
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Dare City: Duck
Center coordinates of site (lat/long in degree decimal format):
Lat.: 36 10' 19" N Long.: -75 45' 24" W -' ...'.
Universal Transverse Mercator: WGS 1984 OCT 05 2027.
Name of nearest waterbody: CurrituCk Sound
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date: 11-17-21
0 Field Determination. Date(s): July 10th, 2019
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
A -OW
36°10'22.95"N
75045'24.44"W
1.09
E10W
Secton 10/404
A-EM
36010'19.19"N
75045'24.65"W
0.48
E2EM
Section 10/404
A-RS
36010'27.94"N
75045'23.57"W
0.19
E2RS
Section 10/404
A -SS
36'10'21.44"N
75°45'23.82"W
0.11
E2SS
Section 10/404
RECEIVEC
NOV 2 9 2C2?
DCM-MHD CITY

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
OL 0 5 2)72
RECEIVED �.
NOV 2 9 M?
DCWg-MHD CITY

O C f 0 5 2022
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately referencAsourees
below where indicated for all checked items:
❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
Q Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑■ U.S. Geological Survey map(s). Cite scale & quad name: USGS 7.5 min JaNsburg and Martin Point,V=2,000
0 Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey (2019)
❑■ National wetlands inventory map(s). Cite name: USFWS (2019)
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑■ Photographs: ❑■ Aerial (Name & Date): 2018
or ❑■ Other (Name & Date): Photos - July 10th, 2019
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not re,_spond
within the established time frame, the district may presume concurrence and no additional follow up is RECEIVED
necessary prior to finalizing an action.
NOV 2 9 2029
OCAA-MHD CITY

hb.
OCT O O 2322
Threatened and Endangered Species
Information
HFCFIVFD
NOV 2 9 2022
DCM-MHD CITY

RECEIVED
NOV 2 9 2022
DCM-MHD CITY

OL1 0 5 "T'?
�FP�tTQtP Os l(' S.�,, f �_ .. j / vtwlnni7K 61re
United States Department of the Interior
ut3C , s
K{ q FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: October 01, 2022
Project Code: 2023-0000015
Project Name: NC 12 Coastal Resiliency and Living Shoreline Project
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
RECEIVED
NOV 2 9 2022
DC'M-MliD CITY

10i0112022
0 L f a 5 2012
species and to determine whether projects may affect thteafeaed and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdfIrOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.govlbirds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of rederal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186.php.
RECERIFID
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We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Marine Mammals
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Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to 'request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726 tiLT 0 5 N22
Raleigh, NC 27636-3726
[phone]
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Project Summary
Project Code: 2023-0000015
Project Name: NC 12 Coastal Resiliency and Living Shoreline Project
Project Type: Shoreline Stabilization
Project Description: Roadway, sidewalk, and shoreline improvements along the Currituck
Sound shoreline
Project Location:
Approximate location of the project can be viewed in Google Maps: httos:
www.google.com/maps/(a)36.17324015.-75.75656784976783.14z
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Counties: Dare County, North Carolina
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Endangered Species Act Species k.•
There is a total of 15 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile: httos://ecos.fws.izov/ecp/species/9045
Red Wolf Canis ru/us
Experimental
Population: U.S.A. (portions of NC and TN)
Population,
No critical habitat has been designated for this species.
Non -
Species profile: hops://ecos.fws gov/ecpApecies/37
Essential
West Indian Manatee Tlichechus manatus
Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
This species is also protected by the Marine Mammal Protection Act, and may have additional
consultation requirements.
Species profile: https:Hecos fws gov/ecp/species/4469
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Birds
NAME
STATUS
Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis
Threatened
No critical habitat has been designated for this species.
Species profile: https•i/ecos fws gov/ecp/species/10477
Piping Plover Charadrius melodus
Threatened
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https•//ecos fws.goy/ecp/species/6039
Red Knot Calidris canutus ru(a
Threatened
There is proposed critical habitat for this species.
Species profile: https//ecos,fm,gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: https•//ecas.fws.gov/ecp/species/7614
Reptiles
NAME
STATUS
American Alligator Alligator mississippiensis
Similarity of
No critical habitat has been designated for this species.
Appearance
Species profile: https:Hecos.fws gov/ecp/species/776
(Threatened)
Green Sea Turtle Chelonia mydas
Threatened
Population: North Atlantic DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: bttps,//ecos.M.gov/ecp/sgecies/619
Hawksbill Sea Turtle Eretmochelys imbricate Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https;Hecos.fws.gov/ecpLspecies/365G
Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
There is proposed critical habitat for this species.
Species profile: https://ecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriaceo Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https•//ecos fws gov/ecp/specie /s 1493
Loggerhead Sea Turtle Caretta caretto Threatened
Population: Northwest Atlantic Ocean DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: httos•//ecos.fws.gov/ecp/species/1110
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Insects
NAME �,_., .. STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https•//ecos fws goy/eco/soecies/9743
Flowering Plants
NAME STATUS
Seabeach Amaranth Amaranthus pumilus Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos fws ov/ecp/species/8549
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
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Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec, 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME
BREEDING
SEASON
American Kestrel Falco sporverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
https,//ecos,fws.eov/ecp/speci es/9587
American Oystercatcher Hoematopus palliatus Breeds Apr 15
'Ibis is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
htips://ecos.fws.gov/ecp/species/8935
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BREEDING
NAME"
SEASON
Bald Eagle Haliaeetus leucocephalus
Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https://ecos. fws. goylecp/species/1626
Black Skimmer Rynchops niger
Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Sep 15
and Alaska.
bilp5;aco5,fws.gov/ecp/species/5234
Brown -headed Nuthatch Sitta pusilla
Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
Jul 15
(BCRs) in the continental USA
Chimney Swift Chaetura pelagica
Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Aug 25
and Alaska.
Gull -billed Tern Gelochelidon nilotica
Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
Jul 31
and Alaska.
btips://ecos.fws.gov/ecp/species/9501
King Rail Rallus elegans
Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
Sep 5
and Alaska.
https://ecos.fws.gov/ecp/species/8936
Lesser Yellowlegs Ringa flavipes
Breeds
This is a Bird of Conservation Concern (BCC) throughout its range In the continental USA
elsewhere
and Alaska.
hups://ecos.fws.gov/ecp/species/9679
Marbled Godwit Limosa (edoa
Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
elsewhere
and Alaska.
hit s://ecos.fws. ov/ecp/species/9481
Painted Bunting Passerina ciris
Breeds Apr 25
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
to Aug 15
(BCRs) in the continental USA
Prairie Warbler Dendroica discolor
Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea
Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
Jul 31
and Alaska.
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„REEDING
NAME SEASON
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Ruddy Turnstone Arenoria interpres morinella Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Rusty Blackbird Euphagus carolinus Breeds
This Is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Short -billed Dowitcher Limnodromus griseus
Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
elsewhere
and Alaska.
hitos://ecos fws.gov/ecp(fpecies/9480
Willet ninga semipalmata
Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Aug 5
and Alaska.
Wood Thrush Hylocichlo mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (id)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
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2. To properly present the pattern of presence acrds3 the'year, the'relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
ICI probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
American Kestrel
BCC - BCR
American
Oystercatcher
BCC Rangewide
(CON)
Bald Eagle
Nan -BCC
Vulnerable
Black Skimmer
BCC Rangewide
(CON)
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Brown -headed IIIIIUU I GI -I I- d-I-.i..l. 'I -I -III -I III+III-II I I I I I- Iu-I IlhuI I'I �'+H+ji�nl+-� �I'+li I (grill I
Nuthatch
BCC-BCR
Chimney Swift
BCC Rangewide
(CON)
Gull -billed Tem
BCC Rangewide
(CON)
King Rail III I
BCC Rangewide
(CON)
Lesser Yellowlegs BCC Rangewide
(CON)
Marbled Godwit
BCC Rangewide
(CON)
Painted Bunting .III -II I -I it II i I I'I'I'I"I-I'II--I-I i-I I I —I I I I I I I Iluir� III -I-I }I .I..I II
BCC-BCR
Prairie Warbler III"I ' I L 'I I I. I IUIIUUDI I U I I !I I I I ,L,I I I uI l I Ill lliiIIIIII�I IIIIIII�LL L L L I I L I
BCC Rangewide
(CON)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Prothonotary I I I I 'ILL .F.I I I I IiIiIB IIIIII111111 I F I I L 111611 III I @�l I�IIIIIL� I III I .I I I I I I I I
Warbler
BCC Rangewide
(CON)
Red-headed 1
Woodpecker I I I L' L.I I..I_L.I .L.I-lil_1 IILI .L.I .I-I-L I L I I 1 .L.I .I .I LIIBII IJpilgp l I .I L I I I I
BCC Rangewide
(CON)
Ruddy'Ntnsione .I..I"F'I- ' I'I-I 'I -I' I -I 'I'I-I' I- I IUll III I -III -I I-h IIIJIlll Ihllhl-I I I11111, 1 Ill F-I-I. I -I
BCC - BCR
Rusty Blackbird
BCC - BCR
Shore -billed .I.I..I1, .' L L.I L I..I_I. I.I .I_I Ill 11III .L I I I 'I I IILI I l I III'I I I � I I � I IILI I I i I
Dowitcher
BCC Rangewide
(CON)
Willet
BCC Rangewide IIhI IUIII -' Ih I I II I'I 1 !I I' I !I' ��I I Iwo -I-IIIIIIN IpIpIQ Iflllllll)�I I -Ii1Illl [ImIllf l!
(CON)
Wood Thrush
BCC Rangewide
(CON)
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Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/prograni/niigratoiy-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librar
collections/avoiding-and-minimizing-incidental-take-migratory-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.
Migratory Birds FAQ
rDII me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BLCJ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the lOkm grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN), This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
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how to interpret them, go the Probability of Presence Summary and then click oli thl;%'Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (SCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through die NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
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Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.
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Marine Mammals
Marine mammals are protected under the Marine Mammal Protection Act. Some are also
protected under the Endangered Species Actl and the Convention on Intemational Trade in
Endangered Species of Wild Fauna and Flora.
The responsibilities for the protection, conservation, and management of marine mammals are
shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears,
manatees, and dugongs] and NOAA Fisheries) [responsible for seals, sea lions, whales, dolphins,
and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on
this list; for additional information on those species please visit the Marine Mammals page of the
NOAA Fisheries website.
The Marine Mammal Protection Act prohibits the take of marine mammals and further
coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife
Service Field Office shown.
1. The Endangered Species Act (ESA) of 1973.
2. The Convention on Intemational Trade in Endangered Species of Wild Fauna and Flora
(CITES) is a treaty to ensure that international trade in plants and animals does not
threaten their survival in the wild.
3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce,
NAME
West Indian Manatee nichechus monatus
Species profile: https•//ecos fws ov/ecp/species/4469
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IPaC User Contact Information
Agency:
Duck town OCTp y t'22
Name:
R 11mothy Davis
Address:
351 McLaws Circle
Address Line 2:
Suite 3
City:
Williamsburg
State:
VA
Zip:
23185
Email
tdavis [e-mail]
Phone:
7572792830
Lead Agency Contact Information
Lead Agency: Army Corps of Engineers
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Cultural Resources Information
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Permit Application Forms and
Drawings
Nov 2 9 2022
®Cfv-MHL? CITY
A

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director'
NORTH CAROUNA
Environmental Quality
April-13, 2022 - - --
VHB, Inc. c/o Tim Davis, Senior Environmental Scientist
351 McLaws Circle, Suite 3
Williamsburg, VA. 23185
Re: CAMA Major Permit Review for Duck Sidewalk Pedestrian Improvements and Living
shoreline.
Dear Mr. Davis:
The NC Division of Coastal Management hereby acknowledges receipt of your preliminary
application on March 31, 2022 for State approval for the development of the referenced
project. An initial screening of the submittal package has been conducted as per 15A NCAC
07.0204. This revealed certain deficiencies, which must be corrected before the application
package can be accepted as complete. To assist you in expediting the permitting process as
much as possible, I am notifying you of these deficiencies immediately so that they can be
quickly corrected to facilitate my detailed review.
Please understand that the subsequent detailed review may reveal additional areas where
further information or documentation is required to demonstrate compliance with the rules
directly applicable to the proposed development. If this occurs, you will be notified of such
issues separately.
My preliminary screening has identified the following deficiencies:
Not all questions on the application have been answered, or indicated as "not
applicable." Please address the following items:
• On the Site Plans:
o More detail is needed.
• Site Plans for this project need to be up to NCDOT Standard.
• When submitting your application be sure the drawings are to
scale. (This may be a printing error with the margins not
adjusted properly). This is why when formally submitting your
application we require you mail / drop off the site plan
drawing to us.
� t If North Carolina Department of Environmental Quality'. Division of Coas[al Management.--i-__`---..-.+-=
Elizabeth City Office . 401 South Griffin Sit Suite 300 1 Elizabeth City, North.Caro1�2i964c.:—
�....i .11, 252.2b4.3901

Duck Sidewalk Pedestrian Improvements and Living Shoreline
April 13, 2022
Page 2 of 3
■ All drawings must be neat, clear, and of standard size to permit
photographic reproduction. If blue prints or sheets larger than
11" x 17" are used, 6 copies must be submitted in addition to a
PDP copy.
■ Drawings larger than 11" x 17" should be folded to legal size or
smaller.
o Cross sectional drawings are needed for the elevation change to Hwy
12.
• Indicate the elevations, the thickness, and the proposed slope
of the road.
o You must show an accurate depiction of Normal Water Level on all of
the site plan drawings.
o Site Plan drawings need the 30' CAMA Buffer included.
o Property lines need to be -included on all Site Plan drawings.
• Other notes
o If the Town of Duck is the sole applicant, an easement will be required
from the shoreline owners that include specific language granting
easements to the riparian area within the Currituck Sound.
o NCDOT will need to be a co -applicant or provided an easement
agreement detailing all of the work proposed within the NCDOT Right
of Way.
o As previously discussed, the proposed sidewalk will be considered
additional impervious surface within the CAMA 30' Buffer and it is not
an exception listed under 15A NCAC 07H. 0209(d)(10).
■ Due to this reasoning it is likely the permit application will be
denied and you will then need to apply for a variance with the
Coastal Resource Commission (CRC).
■ Other options would be the use of hog slats instead of concrete.
o Once the proposed plan is finalized you will need to notify both
adjacent riparian property owners of the project.
• Please use our Major Permit notification template (provided). This
states that the applicant shall have 30 days from receipt of notice to
object.
When you send out the notification you will provide a copy of the
finalized application and the project drawings.
o In the narrative please outline in detail the constructions methods
proposed for the roadwork.
• Include a proposed timeline of proposed work, if lane closures or
detours are being proposed, stormwarter drainage maps, etc.
o Lastly, a current Submerged Aquatic Vegetation (SAV) will need to be
submitted in and around the areas of the proposed sills.
� � North Carolina Department of Environmental Quality , Division of Coastal Management
Elizabeth City Office - •101 South Griffin Street. Suite 300 1 Elizabeth CO. North Carolina 27909

Duck Sidewalk Pedestrian Improvements and Living Shoreline
April 13, 2022
Page 3 of 3
To expedite our response to your permitting request, we will commence the detailed review
of your application for a permit pending the receipt of the additional information requested
above. However, the statutorily provided 75/150 days allowed for review cannot commence
until such time as we have received a complete application package. Once your application
has been accepted as complete, you will receive a separate notification letter.
If it is not possible to render a permit decision within 70 days of the date when your
application is received complete, you may request a meeting with the Director of the Division
of Coastal Management and permit staff to discuss the status of your project. Such a meeting
will be held within five working days from the receipt of your written request and shall
include the property owner, developer, and project designer/consultant.
Please do not hesitate to contact the at our Elizabeth City office (252 264 3901) if you have
any questions regarding this letter or the permitting process.
Sincerely,
Robert Corbett
Field Representative
Division of Coastal Management
cc: Ron Renaldi, District Manager, DCM, Elizabeth City
Joe Heard, Director of Community Development, Town of Duck
North Carolina Departmenr of Environmental Quality . Division of Coastal Management
_®® E Q Elizabeth City Office 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina t7909