43-23 Town of Duck

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
43-23
Issued to Town of Duck, 1240 Duck Road Suite 106, Duck NC 27949
Authorizing development in Dare County adi. Currituck Sound alone NC Hwv 12
between 1264 and 1248 Duck Road , as requested in the permittee's�plication dated 9/29/2022 (MP -I )
as
This permit, issued on April 10 2023 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (77), Sheets 1,2, 3A&B, 4A&B, 5A&B, 6A&B, and 7 of 7 all dated
10/2/22, Sheets "Roadway Plans", C1.1-1.14, C2.0-2.7, C3.1-3.8, C4.1-4.4, C5.1-5.4, C6.1-6.4,
C7.1-7.4, C8.1-8.5, XS1-7 and SV1-4 all dated 8/31/21.
Living Shoreline with Fill and Coastal Wetland Plantin c
2) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists within and in close
proximity to the authorized project. All available precautions shall be utilized to ensure that damage
to SAV habitat does not result from the construction of the authorized living shoreline.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty (20) days of the issuing date. of the Coastal Resouurcrce//essJJJComm ission.
This permit must be accessible on -site t Department // /7'�
personnel when the project is inspected for compll iance. l/(J
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work "'list cease when the permit expires on
April 10, 2028
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Town of Duck Permit No. 43-23
Page 2 of 4
ADDITIONAL CONDITIONS
3) The alignment of the living shoreline shall not exceed the alignment as depicted in the attached permit
application and workplan drawings.
4) This permit does not authorize any fill or excavation waterward of the approved living shoreline
alignment.
5) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved living shoreline alignment.
6) The height of the permitted living shoreline shall not exceed the heights as depicted on the attached
workplans.
7) The permitted breakwater shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles
or other suitable materials approved by Department personnel.
8) The living shoreline shall be constructed with an equal gap between each sheathing board totaling at
least one inch of open area for every linear foot of breakwater. The breakwater shall have at least one,
five-foot opening at every 100 feet. The breakwater sections may be staggered and overlap as long as the
five-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10
feet.
9) No living shoreline material shall be staged within 30 feet of the normal water line.
10) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
1 1) The permittee is authorized to place fill landward of the living shoreline for the purposes of Coastal
Wetland planting. The permittee shall minimize the amount of fill to the greatest extent practicable.
This permit does not authorize any fill of existing Coastal Wetlands for the purposes of wetland
creation.
12) In accordance with commitments made by the permittee, the permittee shall address existing stands of
phragmites within the Coastal Wetland fill template prior to filling activities and continue to address
volunteered phragmites within the Coastal Wetland fill template in accordance with Condition No. 13.
13) All fill material shall be clean and free of any pollutants except in trace quantities.
14) In accordance with commitments made by the permittee, the Estuarine Waters located landward of the
living shoreline sections shall be planted with native Coastal Wetland species, all expressly and
specifically detailed in the attached narrative and workplan drawings. This Coastal Wetland planting
area shall be monitored, and replanted as necessary, for a minimum period of 5 years after the first
planting event, or until the Division of Coastal Management has notified the permittee in writing that the
planting efforts has been deemed successful. Documentation of the monitoring results shall be provided
annually to the. Division of Coastal Management. If, after 5 years, the Division of Coastal Management
determines the plantings unsuccessful, remediation of the planting area, to include removal of the fill,
may be required.

Town of Duck Permit No. 43-23
Page 3 of 4
ADDITIONAL CONDITIONS
15) The living shoreline shall be marked at 50-foot intervals with yellow reflectors extending at least three
feet above normal water level.
Revetment with Section 404 Wetland Fill
16) The alignment of the toe of rip rap shall not exceed the alignment as depicted in the attached permit
application and workplan drawings.
17) No open water shall be excavated or filled, even temporarily, outside of the approved revetment
alignment.
18) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved revetment
alignment and associated approximately 1,253ft2 of Section 404 wetland fill.
19) The revetment material shall consist of clean rock or masonry materials such as, but not limited to,
granite, marl, or broken concrete with no exposed rebar. It shall be of a size sufficient to prevent its
movement from the approved alignment by wave or current action.
NC-12 Improvements
20) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the improvement of NC-12 within the DOT Right of Way, including the roadbed
elevation, shoulder and stormwater improvements, and sidewalk, all as expressly and specifically set
forth in the attached permit application and workplan drawings.
21) Locations of the authorized NC-12 improvements within the 30-foot buffer have been determined to be
within existing impervious.
NC Department of Transportation Conditions
NOTE: The permittee is encouraged to review and follow the conditions set forth in the NC DOT
Encroachment General Provisions for work with the NC DOT Right of Way and their associated
easements.
Sedimentation and Erosion Control
22) An Erosion and Sedimentation Control Plan modification will be required for this project. This plan
must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 943 Washington
Square Mall, Washington, NC 27889.
23) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
24) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

Town of Duck
ADDITIONAL CONDITIONS
Easements
Permit No. 43-23
Page 4 of 4
25) Any necessary easements or similar legal instruments shall be obtained prior to the initiation of
development.
USACE Conditions
26) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https•//www fivs eov/raleieh/pdfs/ManateeGUldelines20l7 pdf.
General
27) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
28) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
29) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Caps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2023-00071).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification No. 5648 and assigned the project DWR Project No. 2021-0599 v2.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Town of Duck c/o Drew Havens
NC 12 Resiliency and Living Shoreline Project
2. LOCATION OF PROJECT SITE: The project site is located between 1264 Duck Road
and 1248 Duck Road, Town of Duck, Dare County, within a section of NC 12, the
shoreline area and within the adjacent waters of the Currituck Sound.
Lat/Long: 36.174752° N,-75.7564030 W (northern boundary)
36.171838° N,-75.756534' W (southern boundary)
INVESTIGATION TYPE: CAMA / Dredge & Fill
INVESTIGATIVE PROCEDURE: Dates of Site Visit— 6/29/2022; 11/9/2022
Was Applicant Present — yes; no
5. PROCESSING PROCEDURE: Application Received Complete — 11/14/2022
Office — Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Town of Duck
Land Classifications from LUP — Commercial or Mixed use, vacant residential &
common, private or unspecified
(B) AEC(s) Involved: Coastal Wetlands (WL), Estuarine Waters (EW), Public Trust
Area (PTA), & Estuarine Shoreline (ES).
(C) Water Dependent: Yes
(D) Intended Use: Public/Government
(E) Wastewater Treatment: Existing — n/a
Planned - n/a
(F) Type of Structures: Existing - NC 12 roadway, concrete sidewalks, riprap
revetment, private docking facility.
Planned — Elevation of NC 12 roadway, new sidewalk,
stormwater swale, redesigned riprap revetment,
sheetpile sills.
(G) Estimated Annual Rate of Erosion: Minor amount of erosion
Source - Applicant
HABITAT DESCRIPTION: (Area ft2)
DREDGED FILLED OTHER
(A) Vegetated USACE Wetlands
±1,253 ft2
(B) Non -Vegetated Wetlands
±11,649 ft2
(C) Riprap revetment
±13,500 ft2
Highground
±138,690 ft2
:
NoO l ?
DCM-MHD CITY

Town of Duck c/o Drew Havens - NC 12 Resiliency and Living Shoreline Project
Field Investigation Report
Page 2 of 5
(D) Total Area Disturbed: 165,092 ft' (3.79 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open to Shellfishing: No
PROJECT SUMMARY: The Town of Duck is proposing 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. Additionally, this same
section of NC 12 is experiencing increased numbers of pedestrians and bicyclists. To
accommodate the safe use of the roadway by these users, the Town also proposes
the addition of a new sidewalk, stormwater swale and dedicated bike lane on the
southbound (west) side of the roadway.
Proiect Settinq
The project site is located between 1264 Duck Road (northern boundary) and 1248 Duck
Road (southern boundary), within the Town of Duck, Dare County, and is adjacent to the
Currituck Sound.
The specific project area encompasses a 1,335 linear foot section of NC 12, and includes
paved impervious cover; vegetated uplands of trees, shrubs, and mowed grass; stone riprap;
marshwetlands; and open water associated with the Currituck Sound (see Sheets 3A and 313).
Elevations range between +7.0 at the northern end of the project area to -1.4 feet in the
Currituck Sound. Impervious surfaces include the NC 12 roadway and shoulders, a 5-footwide
sidewalk on the eastern side of NC 12, and a parking area entrance to a commercial site
(Sunset Grille Restaurant) at the northern end. Vegetated upland areas comprise sections of
sloping dunes with naturally occurring vines and herbs, mowed road shoulders dominated by
grasses and common weedy plants, and forested patches. Dominant upland plants include
trumpet creeper (Campsis radicans), greenbrier (Smilax bona-nox), American beautyberry
(Phytolacca americana), American beach grass (Ammophila brevifrgulata), Virginia creeper
(Parthenocissus quinquefolia), black cherry (Prunus serotina), live oak (Quercus virginiana),
yaupon holly (Ilex vomitoria), Asiatic dayflower (Commelina communis), evening primrose
(Oneothera laciniata), and Indian yam (Dioscorea oppositifolia). There are no cultural resources
within the vicinity of the project area.
The existing shoreline revetment is comprised of two segments that follows the longitudinal
grade of the existing road pavement. The longer of the two segments begins at the north end
at a small boat launch next to the Sunset Grille Restaurant entrance and extends southward to
near the intersection with Sea Colony Drive for approximately 620 linear feet. The crest of the
revetment at its highest point reaches +7 feet at this northern end and declines in elevation
moving further south to +2.7 feet. A private docking facility extends from the shoulder of NC 12
into the water of the Currituck Sound within this segment of revetment The second segment
begins across from Sea Colony Drive and extends about 120 linearfeet. The revetment crest at
this location ranges in elevation from +2.1 to +2.5 feet. In the lower elevations, common reed is
growing through the stone.
RECEIVED
NOV 2 9 2022
DClVi-MHD CITY

Town of Duck c/o Drew Havens - NC 12 Resiliency and Living Shoreline Project
Field Investigation Report
Page 3 of 5
Wetlands within the project shoreline area include a small area of scrub -shrub totaling 1,319
square feet (SF) in the southern end of the corridor along the upland/wetland interface and
patches of herbaceous marsh totaling 22,767 SF, Scrub -shrub vegetation includes wax myrtle
(Morefla cerifera), willow (Salix caroliniana), salt bush (Baccharis halimifolia), and marsh elder
(Iva frutescens) mixed with the invasive reed grass (Phragmites australis). Approximately 53
percent of the emergent marsh is dominated by reed grass (11,933 SF) and 47 percent is
occupied by black needle rush (Juncus roemerianus) (10,835 SF).
The near -shore open water habitat of the Currituck maintains water depths ranging between 1.5
to 2 feet below normal water level (NWL). The bottom substrate is primarily sand and silt. Per
an SAV survey conducted by VHB, Inc., areas occupied by SAV occur approximately 20 to 30
feet from the shoreline on the northern end and run along the waterward edge of the marsh
vegetation in the middle and southern end of the project site. The two dominant species of SAV
are widgeon grass (Ruppia maritima) and eelgrass (Vallisneria americana) with the average
percent coverage at around 70 percent. The Currituck Sound is classified as joint waters by
agreement with the Marine Fisheries Commission and Wildlife Resources Commission. The
Division of Environmental Management's water quality classification for this area is SC and it is
closed to shellfish taking. The project area is not within either a primary or secondary nursery
area.
Development Proposal
The Town of Duck Living Shoreline and NC 12 Resiliency Project features three main
Elements. The first element is the reconstruction of a low-lying segment of Duck Road (NC 12)
to raise the roadbed to the 50-year storm elevation of the Currituck Sound known to be +5.7
feet. The second element is the construction of a new sidewalk along the western (southbound)
side of NC 12 and improving a shoreline revetment to provide the protection of this
infrastructure from severe storm events, and the third element is the enhancement of the
shoreline marsh using living shoreline design principals.
The segment of NC 12 situated within the project area has a pavement elevation between
+2.85 and +7.0 feet NAVD88. Approximately 1,335 linear feet of the roadway, most of which
sits below +5.7 feet in elevation will be removed and the roadbed will be raised to tie into the
existing roadbed at around elevation +5.7 feet. The rebuilt road will have the same vehicular
lane -widths as the current road. Paved road shoulders will be narrower by one (1) foot to
accommodate room for the bike lane, a 2-foot wide stormwater infiltration drain, and the 5-foot
wide sidewalk. The elevated roadbed will not require side -sloped road shoulders and the
revetment (described below) will serve as the structural brace for the additional fill needed to
elevate the road. Stormwater runoff will be collected from the roadway and conveyed to a
stormwater underground chamber system located just north of Olde Duck Road (see Sheets 29
and 32 of the construction plans).
The project will include a new 5-foot wide concrete sidewalk along the western side of the
roadway between the road pavement and the revetment. A portion of the sidewalk totaling
3,553 SF will be placed within the 30-foot CAMA buffer and 1,727 SF will be within the 75-foot
AEC buffer landward of the 30-foot buffer (see sheets 4A and 413). No impacts to wetlands will
occur due to the sidewalk. With the addition of new impervious surface caused by the sidewalk,
the plan includes a 2-foot wide stormwater infiltration strip covered with grass to be located
between the road pavement and the sidewalk. To make room for the infiltration strip, thgfe(,4uill�/P f)
140V 2 9 20Z2
IDCilrt-MHD CITY

Town of Duck c/o Drew Havens - NC 12 Resiliency and Living Shoreline Project
Field Investigation Report
Page 4 of 5
paved shoulder will be 1-foot narrower, resulting in 626 SF of existing impervious surface being
removed within the 30-foot CAMA buffer and an additional421 SF within the AEC landward of
the 30-foot buffer. The net increase in impervious surface within the 30-foot CAMA buffer will be
3,006 SF, and the net increase in impervious surface within the 75-foot AEC (landward of the
30-foot buffer) will be 1,306 SF. The narrowed paved shoulder will be re -installed and striped
with paint to provide a dedicated bike lane.
The proposed plan will rebuild the shorelines revetment using Class II stone properly tied into
the transportation infrastructure at the top and the Currituck Sound shoreline. The crest will be
set at elevation 5.7 feet across the entire length of the revetment for a distance of
approximately 900 linear feet. Once the old revetment is removed, the shoreline will be
reshaped to accommodate the new stone. Filter cloth will line the underlying soil surface where
the stones will be placed. The revetment will maintain a side slope of 1.5 to 1 (1.5:1), and the
toe of the revetment will include a 3-foot wide flattened section that will tie into existing grade
across most of the revetment. Some sections of the 3-foot wide toe in the wetlands will be
belowgrade, backfilled with sand, and planted with either native wetland shrubs or black needle
rush depending on the final elevation. The new revetment width will be ±15' and will extend
beyond the NWL at two locations totaling 413 SF.
A private wooden dock (Byrum dock) sits within the project area (see sheet 413). The project will
require that the landward 15 feet of the dock be temporarily removed in order to construct the
road, sidewalk, and revetment. Once that work is completed, the 15-foot section of dock will be
reinstalled using the same dimensions and tied into the newly established elevation.
The project will also include a living shoreline component to expand the marsh where wetland
marsh vegetation is absent (see sheets 6A and 6B) to protect the shoreline and increase
wetland habitat. This aspect of the project is focused on wave dissipation through the
installation of 16 vinyl sheetpile sills (each less than 100 feet long) totaling 928 LF positioned
approximately 18 inches higherthan NWL. The sill locations average 15feetwaterward of NWL
with a maximum distance of 35 feet. The vinyl sills and wooden piles will be installed using
either an impact driver or vibratory hammer. The equipment will access the sill/pile locations
using mats placed in the water because the water is too shallow to use floating access such as
a barge. The location of the sills has been designed for the most part to avoid submerged
aquatic vegetation (SAV) beds; however, short sections of the sills will require bisecting the
landward edge of SAV for 108 LF due to the configuration of the SAV in relation to marsh
vegetation. SAV impacts would amount to an estimated 230 SF.
On the landward side of the sills, clean sand will be added to open -water areas (totaling 8,452
SF) that are void of marsh vegetation to match elevations of the existing patches of reference
marsh at around elevation 0.0 to +0.2 feet NAVD88. A backhoe will be positioned on the top of
bank of the shoreline to place the sand fill for the marsh restoration. Sand that is mined from a
permitted local source will be hauled to the site via dump trucks. The sand will be removed from
the dump trucks with the backhoe, placed in the restoration areas, and leveled to the proper
elevation. The depth of the sand will vary between 0.6 to 1.3 feet as needed to reach a target
elevation of 0.0 to +0.2 feet NAVD88. Once the sand is in place, the marsh plants will be
installed using nursery stock plugs at 1-foot centers. The timing of the work will be during the
winter fall/winter months best for planting the wetland plants and during the time of year when
traffic is the least. Areas of existing marsh will be left undisturbed.
NOV 2 9 W27
(;i,; [ViHD CITY

Town of Duck c/o Drew Havens - NC 12 Resiliency and Living Shoreline Project
Field Investigation Report
Page 5 of 5
Anticipated Impacts
• The proposed rebuilding of the riprap revetment will result in:
o ±413 SF of shallow bottom fill within the Currituck Sound
o ±13,500 SF of disturbance within the Estuarine Shoreline AEC
o The filling of ±1,253 SF of USACE jurisdictional 404-wetlands
• The proposed marsh restoration will result in:
o ±2,784 SF of shallow bottom fill/disturbance for the installation of the sheetpile sills
o ±8,452 SF of shallow bottom fill associated with elevating bottom depths in preparation
for coastal wetland plantings
o The filling/removal of ±230 SF of SAV due to the installation of the sheetpile sills
• The proposed NC 12 improvements will result in ±138,690 SF of highground disturbance
associated with the raising of the roadbed, the addition of sidewalks, the stormwater
infiltration strip within the Estuarine Shoreline AEC as well as other improvements including a
stormwater underground chamber system and laying of new asphalton feeder roads onto the
eastern side of NC 12 that are landward of the AEC.
• The project as proposed will increase the impervious coverage within the 30' CAMA buffer an
additional 3,006 SF; however, a geotechnical study was performed on the area of land where
the new sidewalk will be installed for the purpose of understanding the relatively shallow
condition of the grassy road shoulder. Six borings were performed (see Figure 5) and the area
was found to be previously disturbed with buried stone and the existing revetment that
constitute unnatural features having no buffering qualities. A review of submitted photographs
also showed that the riprap revetment extended to the edge of pavement and was moved
around over time due to storm activity.
Submitted by: Ron Renaldi
Date: 11 /23/2022
RFCFIVF-D
NOV 2 9 2022
DCM-IAHD OITY

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Town of Duck COUNTY: Dare
PROJECTNAME: NC 12 Resiliency and Shoreline Project
LOCATION OF PROJECT: Between 1264 Duck Road and 1248 Duck Road
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-14-22
FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes
FIELD REPRESENTATIVE: Ron Rena !' ISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIE� � Date Il W /­ -)_ -1-
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: S400 (60/40) 0 11I(D)
APPLICATION ASSIGNED TO: Bo(btar
PUBLIC NOTICE REC'D: 12-4-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 1-28-23
HOLDS:
EMAIL OUTDATE: 11-29-22
PERMIT FINAL ACTION: ISSUE DENY
END OF NOTICE DATE: 12-24-22
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 12-20-22
RECEIVED
NOU 2 9 2022
DCM-.MHb CITY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
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DCM — LUP Consistency Determination
Local Permit Officer
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ROY COOPER w'
Gorernot
ELIZABETH S. BISERa Secretary oY n�••,.na RECEIVE[)
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
MEMORANDUM FEB 1 2023
TO: Curt Weychert, Assistant Major Permits Coordinator DCM-MHV QITY
FROM: Ron Renaldi, District Manager 44
DATE: February 20, 2023
SUBJECT: Town of Duck NC 12 Resiliency and Living Shoreline Project Major Permit
Recommendations
The Town of Duck is proposing 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. Additionally. HE
same section of NC 12 is experiencing increased numbers of pedestrians and bicyclists. To
accommodate the safe use of the roadway by these users, the Town also proposes the addition of
a new sidewalk, stonnwater swale and dedicated bike lane on the southbound (west) side of the
roadway.
The project site is located between 1264 Duck Road (norther boundary) and 1248 Duck Road
(southern boundary), within the Town of Duck, Dare County, and is adjacent to the Currituck
Sound.
The development proposal involves the Coastal Wetlands (WL), Public Trust Area (PTA),
Estuarine Waters (EW), and Estuarine Shoreline (ES) Areas of Environmental Concern (AEC's).
I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this
project and my findings are as follows:
15A NCAC 07H.0208 Use Standards
Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are
not water dependent within the EW and PTA and lists uses that may be considered water
dependent.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the
construction activities involved shall be consistent with the management objective of the
Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse
impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds,
submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning
and nursery areas.
North Carolina Department of Environmental Quality Division of Coastal management
Elizabeth City Office ! 401 South Giffin Street. Suite 300 Elitabeth City. North Carolina 27909
wwmemmm.,..�.mwxn\ /'et 252.264,3901

Curt Weychen. Assistant Major Permits Coordinator
ICI51VErJ'
Town of Duck NC 12 Resiliency and Living Shoreline Project Major Pennit Recommendations
February 20, 2023 Page 2 FEB 21 2023
DCM-MHr_ UATY
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(B) states that development shall comply with state and federal water and air
quality standards.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented
archaeological or historic resources as identified by the N.C. Department of Cultural Resources.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(D) states that development shall not increase siltation.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(E) states that development shall not create stagnant water bodies.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts
on life cycles of estuarine and ocean resources.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for
navigation or for other public trust rights in public trust areas including estuarine waters.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (7) Bulkheads. partially
pertains to this project, and those subparagraphs not listed are not applicable to this project.
Subparagraph (7)(E) states, " Where possible, sloping rip -rap, gabions, or vegetation shall be
used rather than bulkheads."
Consistent: The proposed development is consistent with the intent of this rule.
15A NCAC 07H.0209 Coastal Shorelines
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives in
Paragraph (c) of this Rule. These uses shall be limited to those types of development activities
that will not be detrimental to the public trust rights and the biological and physical functions of
the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid,
mitigate or reduce adverse impacts of development to estuarine and coastal systems through the
planning and design of the development project. In every instance, the particular location, use,
and design characteristics shall comply with the general use and specific use standards for

Curt Weychert. Assistant Major Permits Coordinator
Town of Duck NC 12 Resiliency and Living Shoreline Project Major Permit Recommendations
Februan 20. 2023 FEB 21 2023
Page 3
DCM-MHD CITY
coastal shorelines, and where applicable, the general use and specific use standards for coastal
wetlands, estuarine waters. and public trust areas described in Rule .0208 of this Section.
Development shall be compatible with the following standards:
(1) All development projects, proposals. and designs shall preserve and not weaken or eliminate
natural barriers to erosion including peat marshland, resistant clay shorelines. and cypress -gum
protective fringe areas adjacent to vulnerable shorelines.
Consistent: The proposed development is consistent with the intent of this rule.
(2) All development projects. proposals, and designs shall limit the construction of impervious
surfaces and areas not allowing natural drainage to only so much as is necessary to adequately
service the major purpose or use for which the lot is to be developed. Impervious surfaces shall
not exceed 30 percent of the AEC area of the lot. unless the applicant can effectively
demonstrate, through innovative design. that the protection provided by the design would be
equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas
exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are
not increased and the applicant designs the project to comply with the intent of the rule to the
maximum extent feasible.
Consistent: The proposed development is consistent with the intent of this rule.
(3) All development projects, proposals, and designs shall comply with the following mandatory
standards of the North Carolina Sedimentation Pollution Control Act of 1973:
(A) All development projects, proposals, and designs shall provide for a buffer zone along
the margin of the estuarine water which is sufficient to confine visible siltation within 25
percent of the buffer zone nearest the land disturbing development.
Consistent: The proposed development is consistent with the intent of this rule.
(13) No development project proposal or design shall permit an angle for graded slopes or
fill which is greater than an angle which can be retained by vegetative cover or other
erosion -control devices or structures.
Consistent: The proposed development is consistent with the intent of this rule.
(C) All development projects, proposals, and designs which involve uncovering more than
one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working
days of completion of the grading; provided that this shall not apply to clearing land for the
purpose of forming a reservoir later to be inundated.
Consistent: The proposed development is consistent with the intent of this rule.
(4) Development shall not have a significant adverse impact on estuarine and ocean resources.
Significant adverse impacts include development that would directly or indirectly impair water
quality standards. increase shoreline erosion, alter coastal wetlands or Submerged Aquatic

RECEIVED
Curt Weychert. Assistant Major Pennits Coordinator
Town of Duck NC 12 Resiliency and Living Shoreline Project Major Permit Reconmrendations
February 20. 2021 FEB $1 2023
Page 4
CCM-MHr, CITY
Vegetation (SAV), deposit spoils water ward of normal water level or normal high water. or
cause degradation of shellfish beds.
Consistent: The proposed development is consistent with the intent of this rule.
(5) Development shall not interfere with existing public rights of access to. or use of. navigable
waters or public resources.
Consistent: The proposed development is consistent with the intent of this rule.
(7) Development shall not cause irreversible damage to valuable. historic architectural or
archaeological resources as documented by the local historic commission or the North Carolina
Department of Cultural Resources.
Consistent: The proposed development is consistent with the intent of this rule.
(8) Established common-law and statutory public rights of access to the public trust lands and
waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach
upon public accessways nor shall it limit the intended use of the accessways.
Consistent: The proposed development is consistent with the intent of this rule.
(10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs). new
development shall be located a distance of 30 feet landward of the normal water level or normal
high-water level with the exception of the following:
(A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section;
(G) Grading, excavation and landscaping with no wetland fill except when required by a
permitted shoreline stabilization project. Projects shall not increase stormwater runoff to adjacent
estuarine and public trust waters;
(H) Development over existing impervious surfaces. provided that the existing impervious
surface is not increased;
Consistent: The proposed development is consistent with the intent of this rule.
Based on my review of the applicable subsections of the North Carolina Administrative Code.
the permit application and plans, 1 recommend a permit be issued to The Town of Duck for the
development as proposed, provided that the NCDWR and USACE also approve the project
through the issuance of their corresponding authorizations.

ROY COOPER
Governor
ELIZABETH S. BISER
secretory
BRAXTON DAVIS
Direcror
November 29, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
gregg.bodnar0nedenrgov
SUBJECT: CAMA/Dredge & Fill Review
DEC
a ffi f,W L-
Applicant: Town of Duck — NC 12 Resiliency and Living Shoreline Project
Project Location: Between 1264 Duck Road and 1248 Duck Road; Town of Duck in Dare
County
Proposed Project: Make a section of NC 12 more resilient to flooding by raising the elevation of
the roadway & improve the existing riprap revetment; add a new sidewalk
and bike lane for the safety of pedestrians and bicyclists.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by December 20, 2022. If you have any
questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
V_ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Christa Sanderford
AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality
SIGNATURE L,/44-4dZa�, c-)4 � ¢eue for Shannon Jenkins
DATE 12/2/2022
D_E Q�� North Carolina Department of Environmental Quality 1 Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
noArvcuaoirvn
o<°'""^'°tr""'°""""mo""252.2643901

Bodnar, Gregg
From: Thorpe, Roger
Sent: Monday, December S, 2022 2:09 PM
To: Bodnar, Gregg
Subject: CAMA Major - Town of Duck - NC 12 Resiliency Project
Greg
This project will not require a State Stormwater permit.
Roger
Roger K. Thorpe
Environmental Engineer
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
252-948-3923 office
roger. thoroe(cDncdenrgov
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
�D_
M1OR r,l qnr>; p,IDL\ E
POW�imant of Urvkanmwtlal Wallly
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties,

November 29, 2022
MEMORANDUM
NOV
FROM Gregg Bodnar, Major Permits Coordinator
NCDEQ - Division of Coastal Management
400Commerce Ave.; Morehead City, NC28557"aE,�c"�a':
Fax:[phone] (Courier04-16-33)
¢rege.bodnarCancdenrgnu
SUBJECTS CAMA/Dredge & Fill Review
Applicant: Town of Duck — NC 12 Resiliency and Living Shoreline Project
Project Location: Between 1264 Duck Road and 1248 Duck Road; Town of Duck in Dare
County
Proposed Project: Make a section of NC 12 more resilient to flooding by raising the elevation of
the roadway & improve the existing riprap revetment; add a new sidewalk
and bike lane for the safety of pedestrians and bicyclists.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by December 20, 2022. If you have any
questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when
appropriate, in-depth comments with supporting data is requested
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project
This agency approves of the project only if the recommended changes
are incorporated See attached
This agency objects to the project for reasons described in the attached
comments
PRINTNAME Lee Padrick
AGENCY NC Commerce
SIGNATURE
DATE 11-30-22

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 29, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
gregg.bodnar(@ncdenr.gov
SUBJECT: CAMAIDredge & Flit Review
Applicant: Town of Duck — NC 12 Resiliency and Living Shoreline Project
Project Location: Between 1264 Duck Road and 1248 Duck Road; Town of Duck in Dare
County
Proposed Project: Make a section of NC 12 more resilient to flooding by raising the elevation of
the roadway & improve the existing riprap revetment; add a now sidewalk
and bike lane for the safety of pedestrians and bicyclists.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grema Bodnar at the address above by December 20, 2022. If you have any
questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when
appropriate, in-depth comments with supportinq data is requested.
REPLY: X This agency has no objection to the project as proposed.
`*Additional comments may be attached"'
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Clif Whitfield
AGENCY Public Water
SIGNATURE
DATE _December 1,
i
North Carolina Department of Environmental Quality I Division ofCoastat Management
4EQ� Elizabeth City Office 1401South GrifMStreet. Suite 3001Elizabeth City, North Carolina 27909
�.n.eT�maaw,w 252264.3901

ROY COOPER
C .or
ELEZABETH S. BISER
Secretary
BRAXTON DAVIS
fh.a,
November 29, 2022
MEMORANDUM:
�5'tlT' AATge,
H' y
8W "
P -
meu,.s^
NORTH CAROLINA
E&&,MVhe,wW Quality
FROM:
Gregg Bodnar, Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04.16.33)
ffggb dnar@ d eo
SUBJECT:
CAMArDredge & Fill Review
Applicant:
Town of Duck— NC 12 Resiliency and Living Shoreline Project
Project Location:
Between 1264 Duck Road and 1248 Duck Road; Town of Duck in Dare
County
Proposed Project: Make a section of NC 12 more resilient toflooding by raising the elevation of
the roadway & improve the existing dprap revetment; add a new sidewalk
and bike lane for the safety of pedestrians and bicyclists.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grego Bodnar at the address above by December 20, 2022. If you have any
questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINTNAME (A)oe,, as KA(( &/c(
SIGNATURE �\l L�4a-1:Ltiw�+
DATE U�.[.ml.+. A
North CamnnaD"nmentofEmim mental Quality l UNdonof CoaSW Maoa,,ement
Elaabeth City Office 1401 South Griffin Sweet, Subic 3001 Elbabeth Cit, North Caroh. 27909
2522M3901
,� a,1

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 29, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
gregg.bodnarPricdenr gov
SUBJECT CAMA/Dredge & Fill Review
Applicant: Town of Duck — NC 12 Resiliency and Living Shoreline Project
Project Location: Between 1264 Duck Road and 1248 Duck Road; Town of Duck in Dare
County
Proposed Project: Make a section of NC 12 more resilient to flooding by raising the elevation of
the roadway & improve the existing riprap revetment; add a new sidewalk
and bike lane for the safety of pedestrians and bicyclists.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by December 20, 2022. If you have any
questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME James Harrison
AGENCY NCDMF
SIGNATURE
DATE 30 January 2023
RECEIVED
JAN 3 0 2023
�MEQ7`North Carolina Department of Environmental Quality I Division of Coastal lhvr]a�� eppryat//����tt....{{ �� A �Elizabeth City Office 1401 South Griffin Street, Suite 300 I Elizabeth CityN6r�nOd mn�

ROY COOPER
Governor
ELIZABETHS. BISER
Secretary
BRAXTON DAVIS
Director
November 29. 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier04-16-33)
gregg.bodnar-Oncdenr gov
SUBJECT: CAMA/Dredge & Fill Review
Applicant: Town of Duck — NC 12 Resiliency and Living Shoreline Project
Project Location: Between 1264 Duck Road and 1248 Duck Road; Town of Duck in Dare
County
Proposed Project: Make a section of NC 12 more resilient to flooding by raising the elevation of
the roadway & improve the existing riprap revetment; add a new sidewalk
and bike lane for the safety of pedestrians and bicyclists.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by December 20, 2022. If you have any
questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
X This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME James Harrison
AGENCY NCDMF
SIGNATURE 740t-&k H&"N69�
DATE 28 December 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
du
m ` _,
°ro'"^°Mg6nhvn^°^'°' n\`.//— 252.264.3901

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
KATHY B. RAWLS
Director
TO:
Gregg Bodnar, NCDCM Assistant Major Permits Coordinator
FROM:
James Harrison, NCDMF Fisheries Resource Specialist
SUBJECT:
Town of Duck NC-12 Resiliency Project, Dare County
DATE:
28 December 2022
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the North Carolina Division of Coastal Management (DCM) Coastal Area
Management Act (CAMA) permit application for proposed actions that may impact fish and/or
fish habitats. The proposed work is located between 1264 and 1248 Duck Road in the Town of
Duck within Dare County, North Carolina. The applicant, the Town of Duck (the Town, or
Duck), is proposing 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 slow the loss of marsh habitat along the Currituck Sound shoreline, the Town is
proposing habitat enhancements that include sheetpile sills and marsh plantings. Additionally,
this same section of NC-12 is experiencing increased numbers of pedestrians and bicyclists. To
accommodate the safe use of the roadway by these users, the Town is also proposing the addition
of a new sidewalk, stormwater swale, and dedicated bike lane on the southbound (west) side of
the roadway.
The project area encompasses a 1,335 linear foot (LF) section of NC-12 and includes paved
impervious cover; vegetated uplands of trees, shrubs, and mowed grass; stone riprap; marsh
wetlands; and open water associated with the Currituck Sound. Elevations range from -1.4' water
depths to +7.0' in the uplands. Impervious surfaces include the roadway and shoulders, a 5' wide
sidewalk on the eastern side of NC-12, and a parking area entrance to a commercial site (Sunset
Grille Restaurant) at the northern end. Vegetated upland areas comprise sections of sloping
dunes with naturally occurring vines and herbs, mowed road shoulders dominated by grasses and
common weedy plants, and forested patches.
The existing shoreline revetment is comprised of two segments that follows the longitudinal
grade of the existing road pavement. The longer of the two segments begins at the northern end
at a small boat launch located next to the Sunset Grille entrance and extends approximately 620'
southward to near the intersection with Sea Colony Drive. The crest of the revetment at its
highest point reaches +7.0' at the northern end and declines in elevation to +2.7' moving south.
A private docking facility extends from the shoulder of NC-12 into the water of the Currituck
Sound within this segment of revetment. The second segment extends approximately 120'
beginning across from Sea Colony Drive. The revetment crest ranges from +2.1' to +2.5' in
elevation.
State of North Carolina I Division of Marine Fisheries
3441Arendell Street I P.O.Box769I Morehead City, North Carolina 28557
252-726-7021

The project will also include a living shoreline component to expand the marsh where wetland
marsh vegetation is absent to protect the shoreline and increase wetland habitat. This aspect of
the project is focused on wave dissipation through the installation of 16 vinyl sheetpile sills (each
less that 100' long) totaling 928 LF. The sills will be positioned so that they extend 18 inches
above the NWL. The sill locations average 15' waterward of the NWL with a maximum distance
of 35' from the NWL. The vinyl sills and wooden piles will be installed using either an impact
driver or vibratory hammer. The equipment will access the sill/pile locations using mats placed
in the water because the water is too shallow to use floating access such as a barge. The location
of the sills has been designed to minimize unavoidable impacts to SAV; however, short sections
of the sills will require bisecting the landward edge of SAV for 108 LF due to the location of
existing SAV habitat in relation to marsh vegetation. SAV impacts would amount to an
estimated 230 SF.
On the landward side of the sills, clean sand will be added to 8,452 SF of open water areas that
are void of marsh vegetation to match the elevations of the existing patches of reference marsh at
around elevation 0.0' to 0.2' NAVD88. A backhoe will be positioned on the top of the bank of
the shoreline to place the sand fill for the marsh restoration. Sand that is mined from a permitted
local source will be hauled to the site via dump trucks. The sand will be removed from the dump
trucks with the backhoe, placed in restoration areas, and leveled to the proper elevation. The
depth of the sand will vary between 0.6' and 1.3' as needed to reach the target elevation. Once
the sand is in place, the marsh plants will be installed using nursery stock plugs at 1' centers. The
timing of the work will be during the fall/winter months that have been found to be best for
planting the wetland plants. This is also when traffic is at lower levels, as there are less tourists
present during the winter. Areas of existing marsh will be left undisturbed.
The proposed rebuilding of the riprap revetment will result in ±413 SF of shallow bottom fill in
the Currituck Sound, t 13,500 SF of disturbance within the Estuarine Shoreline AEC, and the
filling of t1,253 SF of USACE jurisdictional 404-wetlands. The proposed marsh restoration will
result in t 2,784 SF of shallow bottom fill/disturbance for the sill installation, t8,452 SF of
shallow bottom fill associated with raising bottom depths for wetland plantings, and the
filling/removal of±230 SF of SAV due to sill installation. The proposed NC-12 improvements
will result in 1138,690 SF of high ground disturbance associated with raising the roadbed, the
addition of sidewalks, the stormwater infiltration strip, as well as other proposed improvements.
The project as proposed will increase the impervious coverage within the 30' CAMA buffer by
3,006 SF. A geotechnical survey performed on the area of the proposed sidewalk found that the
area was previously disturbed with buried stone and the existing revetment that constitute
unnatural features having no buffering qualities.
After review of the application and supporting documents, DMF has concerns with the proposed
project and would likely be opposed to permit issuance unless the follow issues are addressed.
The proposal includes direct and indirect impacts to SAV, as well as habitat conversion and
trade-offs. The direct impacts to SAV include smothering or removal associated with the sill
installation. The proposal may also result in increased sedimentation in SAV habitat, further
causing further unanticipated impacts. The proposal did not appear to include any monitoring of
the impacts to SAV and other habitats in the area, such as the existing wetlands.
Without monitoring, there could be additional impacts to SAV and/or wetlands habitats in
addition to those that are expected. Therefore, DMF would recommend that any permit issued
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557
252-726-7021

Bodnar, Gregg
From: Dunn, Maria T.
Sent: Thursday, March 2, 2023 6:25 AM
To: Cross, Sandy; Weychert, Curtis R
Subject: RE: [External] RE: Town of Duck NC Hwy 12 project
Good morning Sandy and Curt.
Phragmites control is difficult. It easily spreads and often is brought in from fill placed in project areas. That is one factor
in NCWRC's concern with placing fill behind marsh sills (not just your project but as a general practice). You already have
a phragmites stand. It needs to be treated so it doesn't spread to other areas where you are focusing on marsh
rehabilitation / restoration. It is good you have a manageable area as far as size and accessibility. Chemical treatment
(glyphosate product for use near aquatic communities) when the plants are actively growing (maybe late June —
October) is good. This would help kill the plant, including rhizomes (roots). The rhizomes and many seeds are how
phragmites spreads so effectively. Mowing can be done several weeks after treatment, with care not to disperse the
material (such as removal to another site — in certain areas NCDOT must be very careful where they get road fill).
Unfortunately, one treatment is often not enough and the process has to repeat. Depending upon how well the
treatment takes, there may be only one additional season or it must be followed for several seasons of spot treatment
(wiping leaves rather than spraying). Phragmites can be treated well by burning. Repetitive mowing can also produce
decent results (but likely combined with chemical treatment).
I imagine a large portion of your project area would not need fill or minimal fill to have appropriate elevation for
planting. It depends on the species you select. At this time, I am not familiar with your timeline (when you planned on
placing material / planting or when your grant needs evidence of execution). It would be better if you treated existing
phragmites before you placed fill material so any disturbance did not spread the plant. Fill elevation is very important as
if it is too high it may be more difficult for natives to take hold and gives more opportunity for phragmites.
Many times, monitoring requirements can be quite stringent. However, for this project I would say a commitment to
treat phragmites, monitor phragmites presence for 2 -3 seasons, and general note of planted species success is
appropriate for NCWRC concerns. The document you provided more than addresses our needs for this project.
I do hope this was helpful. Thank you for the conversation. Please don't hesitate to call or email if there is anything
additional with this or other matters.
Take care,
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
252-495-5554
www. ncwi Id life. orcl
=rnaii correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.

400 Commerce Avenue
Morehead City, NC 28557
http://portal.ncdenr.org/web/cm/dcm-home
E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Dunn, Maria T. <[e-mail]>
Sent: Wednesday, March 1, 2023 2:10 PM
To: Weychert, Curtis R <[e-mail]>
Subject: RE: Town of Duck NC Hwy 12 project
Thank you Curt.
If the Town does not remove the fill component of the project, then they will need to treat the Phragmites and submit a
monitoring plan for their planting.
There is no concern for planting species at appropriate levels without fill, but if fill is placed - especially with the
Phragmites presence - additional conversation is warranted. If they have depths behind the proposed sill (I looked but
could not find a depth layer in the construction plans) then it would be easier to know where they could easily plant.
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
252-495-5554
www. n cwi Idlife. g
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: Weychert, Curtis R <[e-mail]>
Sent: Wednesday, March 1, 2023 1:48 PM
To: Dunn, Maria T. <[e-mail]>
Subject: FW: Town of Duck NC Hwy 12 project
Hey Maria,
These are the comments we received from DMF. Just wanted to forward these on.
Curt
Curtis Weychert
DCM Assistant Major Permit Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-515-5413
Curt. Wevchert(aMcdenr.00v

[scrtJ pizza can be a personal pizza if you try hard enough anti 6el1eve in yourseJE"
ivail I orre.spundenwe to and fiow this address is subject to the
\ in'III Ca, alma Pubtu Recoo& La" and tnmbe /is, lased to durd pnnrea
From: Weychert, Curtis R <[e-mail]>
Sent: Monday, January 23, 2023 10:23
To: Harrison, James A <[e-mail]>
Subject: FW: Town of Duck NC Hwy 12 project
Hey Jimmy, I was checking in on these comments to see if there was anything additionally that you wanted me to share
with the agent?
Thanks,
Curt
Curtis Weychert
DCM Assistant Major Permit Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-515-5413
Curt. Wevchert(o)ncdenr.gov
Find a Field Rep (arcais.com)
400 Commerce Avenue
Morehead City, NC 28557
http://Portal.ncdenr.org/web/cm/dcm-home
E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.

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,i

ROY COOPER
Governor
ELIZABE-1 H S. BISER
.Secretary
BRAX"rON DAVIS
oil actor
November 29, 2022
MEMORANDUM:
NORTH CAROLINA
F,nvtronmental Quality
4. 22. 11.2q, o (
FROM: Gregg Bodnar, Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
[e-mail]
SUBJECT: CAMA/Dredge & Fill Review
Applicant: Town of Duck — NC 12 Resiliency and Living Shoreline Project
Project Location: Between 1264 Duck Road and 1248 Duck Road; Town of Duck in Dare
County
Proposed Project: Make a section of NC 12 more resilient to flooding by raising the elevation of
the roadway & improve the existing riprap revetment; add a new sidewalk
and bike lane for the safety of pedestrians and bicyclists.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greosr Bodnar at the address above by December 20, 2022. If you have any
questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
'Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME t4h 11 Oknn
AGENCY C'Qj7 C
SIGNATURE A �'
DATE -Z-2
RECEIVED
FEB 2 2 2023
Nonh Carolina Departmentof Environmental Quality Division of Coastal Manaileem^PJennt. ■
F6zabeth City Office 1 401 Sotrth Griffin Street Suite.3001 Elizabeth City, NortIF2S�IM�FHI) CITY
l �r

Page 2
set 18" above NWL and positioned to have openings to allow hydrologic flow and aquatic passage. The
Currituck Sound at this location is classified SC by the Environmental Management Commission.
The NCWRC has reviewed the permit application and does not have concerns with the upland NC Hwy
12 improvement proposal. Better management practices to minimize impacts to aquatic resources during
constriction should be implemented. We also do not have significant concerns with the refurbishment of
the revetment. Once again, better management practices during construction should be implemented.
Details on construction methodology and schedule would address access and construction impact
concerns. An in -water work moratorium of April 1 -- September 30 should be included as a permit
condition.
However, our agency does have recommended changes to the breakwater sill and marsh expansion.
Several management strategies are proposed to protect and allow NC Hwy 12 to be more resilient. We
understand the importance of this proposal but believe the project could demonstrate additional
minhnization of impacts to shallow water habitats and SAV. The NCWRC does not generally support the
placement of fill behind sill structures. Sediment transport along a sill may result in sediment accretion
and the quiescence behind the sill allows coastal wetlands and SAV better opportunities to thrive
naturally. Therefore, we request the fill component of the project be removed. We do not object to the
planting of coastal wetland grasses within existing, appropriate elevations, if the applicant desires to
pursue fill landward the proposed sill, discussion with agencies may need to occur to address potential
project monitoring or mitigation. We would also like to note that solid breakwater structures, especially
long sections, may encounter strong wind and wave action that could compromise the structure or cause
scour at the base. Slotted sections or smaller sections may minimize this impact.
We appreciate the opportunity to review and comment on this permit application. if you need further
assistance or additional information, please contact me at [phone] or at
maria.dunn a ncwildlife.oru
FEB 2 2 2023
DCM-MHD CI'f V

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 29, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Major Permits Coordinator
NCDECI - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
gregg.bodnarCancdenr goy
SUBJECT: CAMA/Dredge & Fill Review
R.7�1,l>f" DI
DEC le ­
rap,'P C.ECTIC,".1 P09'bD
Applicant: Town of Duck — NC 12 Resiliency and Living Shoreline Project
Project Location: Between 1264 Duck Road and 1248 Duck Road; Town of Duck in Dare
County
Proposed Project: Make a section of INC 12 more resilient to flooding by raising the elevation of
the roadway & improve the existing riprap revetment; add a new sidewalk
and bike lane for the safety of pedestrians and bicyclists.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by December 20, 2022. If you have any
questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when
appropriate, in-depth comments with supporting data is requested.
REPLY: V This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME �AeMt42 �UM1�IZ
AGENCY
SIGNATURE
DATE I rL.
D 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
^•°�'^••°„\ /' 252.264.3901

Received: 12/16/2022
Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 29, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
ER 22-2283
FROM Gregg Bodnar, Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier04-16-33)
gregg.bodnar(@ ncdenr.gov
SUBJECT: CAMA/Dredge & Fill Review
Due: 12/20/2022
NC —NCH
12/20/22
NC —RGE
01/05/23
Applicant: Town of Duck — NC 12 Resiliency and Living Shoreline Project
Project Location: Between 1264 Duck Road and 1248 Duck Road; Town of Duck in Dare
County
Proposed Project: Make a section of NC 12 more resilient to flooding by raising the elevation of
the roadway & improve the existing riprap revetment; add a new sidewalk
and bike lane for the safety of pedestrians and bicyclists.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by December 20, 2022. If you have any
questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when
appropriate, in-depth comments with supporting data is requested.
REPLY:
This agency has no objection to the project as proposed.
"Additional comments may be attached`*
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
Renee Gledhill -Earley
AGENCY
Historic Preservation Office
SIGNATURE
DATE
01/06/23
North Carolina Department of Envtronmental Quality I Division of Coastal Management
_ Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
252.264.3901

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. CIGERS, jR,
Director
Town of Duck
Attn: Drew Havens
1240 Duck Road, Suite 106
Duck, North Carolina 27949
NORTH CAROLINA
Environmental Quality
February 13, 2023
Subject: Approval of Individual 401 Water Quality Certification
NC 12 Resiliency and Living Shoreline Project
Dear Mr. Havens:
D W R H 2O210599 V2
Dare County
RECF.VVFD
FEB 13 2023
IDOM-MHD MY
Attached hereto is a copy of Certification No. 5648 issued to Drew Havens and the Town of Duck, dated
February 13, 2023. This approval is for the purpose and design described in your application. The plans
and specifications for this project are incorporated by reference as part of this Water Quality Certification.
If you change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given a copy
of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)).
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
D_E Q�� North Carolina Department of 617 Mail an Quality Division , Water Resonates
512 Noah Salisbtuy Street 161] Mail San ice Center I Raleigh, North Carolina 27699-1617
919,70] 9000
o.c.t*mtaun,an.um o,.rq�

NC 12 Resiliency and Living Shoreline Project
DWR# 20210599 V2
Individual Certification #WQC0O5648
Page 2 of 13
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Washington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Washington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware
that impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A
NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever
construction or operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of
the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of
Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on: RECEIVE
William F. Lane, General Counsel FEB 13 2023
Department of Environmental Quality
1601 Mail Service Center iDt'°M-MHD ITY
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
D North Carolina Department of Environmental Quality I Division of Water Resources
5I2 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
raamc 919,707 9000
n•wm...r A.nm o.r� �`�

NC 12 Resiliency and Living Shoreline Project
DWR# 20210599 V2
Individual Certification #WQC005648
Page 3 of 13
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Robert Tankard at 252-948-3921 or [e-mail] if you have any
questions or concerns.
Sincerely,
ROW T"4 n 4
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
Electronic cc: Tim Davis, [e-mail]
Josh Pelletier, [e-mail]
Kyle Barnes, [e-mail]
Gregg Bodnar, [e-mail]
Ron Renaldi, ron.renaldi ncdenr.gov
Garcy Ward, [e-mail]
Laserfiche
North Carolina Department of Ern ironmettlal Quality I Division of Water Resources
D_E 512 North Salisbury Street 1 1617 Mail Senice Center I Raleigh. North Carolina 27699-1617
TMr.as c 919.707.9000
owa.ma .w...niowm

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
February 27, 2023
Town of Duck
P 0 Box 8369
Duck, NC 27949
County: Dare
J. ERic BOYETTE
SECRETARY
Subject: Encroachment to allow you to install roadway improvements on NC 12 which
include drainage and shoreline stabilization
Dear Applicant,
Attached for your records is a copy of the approved encroachment package to allow you to install
roadway and drainage improvements with shoreline stabilization on NC 12 between Cook Drive
and 1264 Duck Road. Any and all damages done to State Routes must be properly repaired.
This approval will expire on February 27, 2024 unless construction has started or been
completed prior to that date.
Please feel free to contact the District Office at [phone] if you have any questions.
Sincerely yours,
IOocu518uetl by
�:
T� 9 FOC4D
David B. Otts, PE
District Engineer
Attachments
Cc: Division Engineer (W/Attachments)
County Maintenance Engineer (W/Attachments)
T RN to .' t
1929 North Road Street, Elizabeth City, NC 27909 Phone: [phone]; Fax: [phone]

4g Encroachment General Provisions
Our mission is to safely and efficiently manage and facilitate as much as practicable the
NC12 DARE COUNTY
RW 4 Encroaching party shall be responsible for obtaining all necessary pefmAbrit and/or"-tempbvw' I
construction, drainage, utility and/or sight distance easements.
RW 5 All Right of Way and easements necessary for construction and maintenance shall be dedicated to
NCDOT with proof of dedication furnished to the District Engineer prior to beginning work.
RW 6 No commercial advertising shall be allowed within NCDOT Right of Way.
RW 7 The encroaching party shall obtain proper approval from all affected pole owners prior to attachment to
any pole.
Work Zone Traffic Control
TC 1 Traffic control shall be coordinated with the District Engineer, Mr. Offs at telephone [phone], prior
TC 2 WORK ZONE TRAFFIC CONTROL QUALIFICATIONS AND TRAINING PROGRAM
All personnel performing any activity inside the highway right of way are required to be familiar with the
NCDOT Maintenance / Utility Traffic Control Guidelines (MUTCG). No specific training course or test is
required for qualification in the Maintenance /Utility Traffic Control Guidelines (MUTCG).
All flagging, spotting, or operating Automated Flagger Assist Devices (AFAD) inside the highway right of
way requires qualified and trained Work Zone Flaggers. Training for this certification is provided by
NCDOT approved training resources and by private entities that have been pre -approved to train
themselves.
All personnel involved with the installation of Work Zone Traffic Control devices inside the highway right
of way are required to be qualified and trained Work Zone Installers. Training for this certification is
provided by NCDOT approved training resources and by private entities that have been pre -approved to
train themselves.
All personnel in charge of overseeing work zone Temporary Traffic Control operations and installations
inside the highway right of way are required to be qualified and trained Work Zone Supervisors. Training
for this certification is provided by NCDOT approved training resources and by private entities that have
been pre -approved to train themselves.
For questions and/or additional information regarding this training program please refer to
https://connect.ncdot.gov/projects/WZTC/Pages/Training.aspx or call the NCDOT Work Zone Traffic
Control Section [phone].
TC 3 The party of the second part shall employ traffic control measures that are in accordance with the
prevailing federal, state, local, and NCDOT policies, standards, and procedures. These policies,
standards, and procedures include, but are not limited to the following:
TC A) Manual on Uniform Traffic Control Devices (MUTCD) — North Carolina has adopted the MUTCD to
provide basic principles and guidelines for traffic control device design, application, installation, and
maintenance. North Carolina uses the MUTCD as a minimum requirement where higher supplemental
standards specific to North Carolina are not established. Use fundamental principles and best practices
of MUTCD (Part 6, Temporary Traffic Control).
TC B) NCDOT Maintenance / Utility Traffic Control Guidelines — This document enhances the
fundamental principles and best practices established in MUTCD Part 6, Temporary Traffic Control,
incorporating NCDOT-specific standards and details. It also covers important safety knowledge for a wide
range of work zone job responsibilities.

Encroachment General Provisions
Our mission is to safely and efficiently manage and facilitate as much as practicable the
NC12 DARE COUNTY
Environmental Regulations
EC t The encroaching party shall comply with all applicable Federal, State and local environmental regulations
and shall obtain all necessary Federal, State and local environmental permits, including but not limited to,
those related to sediment control, stormwater, wetland, streams, endangered species and historical sites.
Additional information can be obtained by contacting the NCDOT Roadside Environmental Engineer
regarding the North Carolina Natural Heritage Program or the United States Fish and Wildlife Services.
Contact the Division Roadside Environmental Engineer's Office at [phone]
EC 4 All erosion control devices and measures shall be constructed, installed, maintained, and removed by the
Encroacher in accordance with all applicable Federal, State, and Local laws, regulations, ordinances, and
policies. Permanent vegetation shall be established on all disturbed areas in accordance with the
recommendations of the Division Roadside Environmental Engineer. All areas disturbed (shoulders,
ditches, removed accesses, etc.) shall be graded and seeded in accordance with the latest NCDOT
Standards Specifications for Roads and Structures and within 15 calendar days with an approved
NCDOT seed mixture (all lawn type areas shall be maintained and reseeded as such). Seeding rates per
acre shall be applied according to the Division Roadside Environmental Engineer. Any plant or
vegetation in the NCDOT planted sites that is destroyed or damaged as a result of this encroachment
shall be replaced with plants of like kind or similar shape.
EC 5 No trees within NCDOT shall be cut without authorization from the Division Roadside Environmental
Engineer. An inventory of trees measuring greater than 4 caliper inches (measured 6" above the ground)
is required when trees within C/A right of way will be impacted by the encroachment installation.
Mitigation is required and will be determined by the Division Roadside Environmental Engineer's Office.
EC 6 Prior to installation, the Encroaching Party shall contact the District Engineer to discuss any
environmental issues associated with the installation to address concerns related to the root system of
trees impacted by boring or non -utility construction of sidewalk, roadway widening, etc.
EC 7 The applicant is responsible for identifying project impacts to waters of the United States (wetlands,
intermittent streams, perennial streams and ponds) located within the NCDOT right-of-way. The
discharge of dredged or fill material into waters of the United States requires authorization from the
United States Army Corps of Engineers (USACE) and certification from the North Carolina Division of
Water Quality (NCDWQ). The applicant is required to obtain pertinent permits or certification from these
regulatory agencies if construction of the project impacts waters of the United States within the NCDOT
right-of-way. The applicant is responsible for complying with any river or stream Riparian Buffer Rule as
regulated by the NCDWQ. The Rule regulates activity within a 50-foot buffer along perennial streams,
intermittent streams and ponds. Additional information can be obtained by contacting the NCDWQ or the
USACE.
EC 6 The contractor shall not begin the construction until after the traffic control and erosion control devices
have been installed to the satisfaction of the Division Engineer or their agent.
EC 9 The contractor shall perform all monitoring and record keeping and any required maintenance of erosion
and sediment control measures to maintain compliance with stormwater regulations.
EC 10 Vegetative cover shall be established on all disturbed areas in accordance with the recommendations of
the Division Roadside Environmental Engineer.

\�Encroachment General Provisions
)
Our mission is to safely and efficiently manage and facilitate as much as practicable the
NC12 DARE COUNTY
G 20 Where an installation is by open cut, the pavement shall be neatly sawed or cut full depth. Patches must
be regular, square or rectangular in width (4 straight sides), i.e. no irregular edges. The replacement
base and surface shall extend a minimum of one foot beyond the excavated opening on each side.
Pavement cuts shall be repaired with bituminous material the same day the cut is made. If the open cut
is required for more than one day, the Encroaching party shall place a temporary bituminous patch at the
close of each day's operations, and place the permanent repair immediately upon completion of the open
cut operations. Concrete or aggregate repairs are prohibited for cuts in bituminous pavement surfaces.
G 22 Strict compliance with the Policies and Procedures for Accommodating Utilities on Highway Rights of
Way manual shall be required.
G 23 The encroaching party may delegate the performance of certain provisions of this agreement to
contractors or other parties. However, this shall not in any way release the encroaching party from its
obligations to the terms and provisions of the encroachment.
G 24 The encroaching party shall assume all responsibility, obligation, and liability for maintenance and
operation of the installation permitted under this encroachment agreement. This condition shall be
conveyed in any future buy, lease, sell or rental agreement. In the event that the encroaching party, or
any future responsible party should fail to satisfy this condition, NCDOT reserves the right close or
remove the installation at the encroaching party's expense.
G 25 A one-year warranty shall be required on all work performed within the NCDOT right of way. It shall
commence after District review and acceptance of the completed work associated with the
encroachment.
Engineering
E 1 All traffic control, asphalt mixes, structures, construction, workmanship and construction methods, and
materials shall be in compliance with the most -recent versions of the following resources: ASTM
Standards, Manual on Uniform Traffic Control Devices, NCDOT Utilities Accommodations Manual,
NCDOT Standard Specifications for Roads and Structures, NCDOT Roadway Standard Drawings,
NCDOT Asphalt Quality Management System manual, and the approved plans.
Location Within Right -of -Way
Excavation
EX 1 Excavation material shall not be placed on pavement.
EX 2 It is the responsibility of the encroaching party or their contractor to prevent any mud/dirt from tracking
onto the roadway. Any dirt which may collect on the roadway pavement from equipment and/or truck
traffic on site shall be immediately removed to avoid any unsafe traffic conditions.

Encroachment General Provisions
Our mission is to safely and efficiently manage and facilitate as much as practicable the
NC12 DARE COUNTY
AE 3 All luminaire pole locations shall be designed to accommodate future roadway and/or pedestrian
improvements to avoid conflict.
AE 4 Poles and guy wires for aerial crossings should be located at or near the right of way line and outside of
the Clear Recovery Area. Guy wires shall not be placed between a pole and the travelled way.
AE 5 Any longitudinal installation of overhead lines on the highway rights -of -way should be limited to single
pole type construction.
AE s Rectifiers are not allowed in the Right of Way. Transformers may be installed on poles outside of the
clear zone. No pad mounted transformers or feed points are allowed. Buildings are not allowed.
Pavement Repair
PR 4 A) The pavement repair shall be as directed by NCDOT. Pavement shall be repaired with a minimum of 3
inches of surface course (S9.5B or S9.5C) and asphalt base course (B25.00) to the original subgrade, or
a minimum of 8 inches, whichever is greater.
B) Asphalt surface course shall be placed in lifts not to exceed 1.5 inches in depth. Asphalt base course
shall be placed in lifts not exceeding 5.5 inches and not less than 4 inches in depth.
C) Work shall be performed by cutting the existing pavement to a neat vertical joint and uniform line;
removing and disposing of pavement, base, and subgrade material as approved or directed by NCDOT;
coating the area to be repaired with a tack coat; and furnishing, placing, and compacting the asphalt plant
mix. An approved compaction
pattern shall be used to achieve proper compaction.
D) The replacement asphalt surface course and asphalt base course shall extend a minimum of 1 foot on
each side of the excavated opening. The thickness of the replacement material shall be sufficient to
provide a base and surface of equivalent
strength to the undisturbed base and surface.
E) Milling and replacement of 1.5 inches of asphalt surface course should extend at least 1 foot beyond
the edge of the pavement cut to create a benched asphalt joint. Additional milling and overlay may be
required.
PR 5 Pavement cuts shall be repaired the same day the cuts are made unless an asphalt patch cannot be
accomplished the same day due to material availability or time restrictions. When the asphalt patch is not
feasible, the following apply:
A) The pavement cut shall be filled to the surface with ABC stone or Flowable Fill per NCDOT's Standarc
and Specifications.
B) Once the cut is filled, a minimum'/cinch steel plate shall be placed and pinned to prevent moving
Plates shall be designed large enough to span a minimum of 1-foot on all sides on the pavement cut.
C) When flowable fill is used, it shall cure for 24 hours prior to any asphalt material placement. Flowable
fill bleed water shall not be present during paving operations. Paving shall not cause damage (shoving,
distortion, pumping, etc.) to the flowable fill.
D) Install and leave "BUMP" signs according to MUTCD until the steel plate has been removed. Once th
flowable fill has cured, remove the steel plate, and mill/fill according to the directions of the District
Engineer,
E) All pavement cuts must be sealed with NCDOT approved sealant to prevent future pavement
separation or cracking.

Duck Road Town of Duck
ROUTE (N.C. Hwy 12) PROJECT coastal Resiliency COUNTY OF
STATE OF NORTH CAROLINA
Dare
DEPARTMENT OF TRANSPORTATION
-AND-
Town of Duck
P.O. Box 8369
Duck, NC 27949
RIGHT OF WAY ENCROACHMENT AGREEMENT FOR
CURB AND GUTTER, PAVEMENT WIDENING AND
STORM DRAINAGE
THIS AGREEMENT, made and entered into this the 27 day of FES , 20 23 , by and between the Department
of Transportation, party of the first part; and
Town of Duck, NC
WITNESSETH
party of the second part,
THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as
ROUte(5) N.C. Highway 12 (Duck Road) , located lust north of Cook Drive (private road) intersection northward to the
crosswalk at Sunset Raw Bar & Grille (1264 Duck Road)
with the construction and/or erection of: roadway and drainage improvements
WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of
the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the
right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right
and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are
made a part hereof upon the following conditions, to wit:
That the said party of the second part binds and obligates himself to install the encroaching facility in such safe
and proper condition that it will not interfere with or endanger travel upon said highway.
That the party of the second part agrees to provide during construction proper signs, signal lights, flagmen and
other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control
Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and
regulations may be obtained from the Division Engineer of the party of the first part,
That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all
damages and claims for damage that may arise by reason of the installation and maintenance of this encroachment.
It is clearly understood by the party of the second part that the party of the first part will assume no responsibility
for any damage that may be caused to such facilities, within the highway rights of way limits, in carrying out its
construction.
That the party of the second part agrees to restore all areas disturbed during construction to the satisfaction of the
Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable
precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams,
lakes, reservoirs, other water impoundments, ground surfaces or other property; or pollution of the air. There shall
be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management,
North Carolina Sedimentation Control Commission, and with ordinances and regulations of various counties,
municipalities and other official agencies relating to pollution prevention and control. When any construction
operation disturbs the ground surface and existing ground cover, the party of the second part agrees to remove and
replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party
of the first part.
That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be
necessary by the Division Engineer of the party of the first part.
That the party of the second part agrees to have available at the encroaching site, at all times during construction,
a copy of this agreement showing evidence of approval by the party of the first part. The party of the first part
reserves the right to stop all work unless evidence of approval can be shown.
Provided the work contained in this agreement is being performed on a completed highway open to traffic; the
party of the second part agrees to give written notice to the Division Engineer of the party of the first part when all
work contained herein has been completed. Unless specifically requested by the party of the first part, written notice
of completion of work on highway projects under construction will not be required.
That in the case of noncompliance with the terms of this agreement by the party of the second part, the patty of, ,,
the first part reserves the right to stop all work until the facility has been brought into compliance or removed from the
right of way at no cost to the party of the first part.
That it is agreed by both parties that this agreement shall become void if actual construction of the work MI A, t•,
contemplated herein is not begun within one (1) year from the date of authorization by the party of the first part
unless written waiver is secured by the party of the second part from the party of the first part.
R/W (161 B) : Party of the Second Part certifies that this agreement is true and accurate copy of the form
FORM RNV 16.1 B (Revised February 2021)
Pagel ,. .... i ..

MEMORANDUM
To: Gregg Bodnar
From: Michael Christenbury, Wilmington District Planner
Subject: Major Permit Application, Town of Duck — NC 12 Living shoreline
Date: March 14, 2023
This project appears to be consistent with the Town of Duck Land Use Plan.
The applicant proposes to construct a living shoreline along the Currituck Sound shoreline and
adjacent to NC 12 between 1264 Duck Road and 1248 Duck Road. The project is located in the
Town of Duck, in Dare County.
I have reviewed this proposal for consistency with the Town of Duck Land Use Plan and offer
the following comments.
The general area of the project is classified as Conservation. The Areas of Environmental
Concern (AEC's) affected by the proposal are EW, CW, ES, and PTA. Waters at the site are
classified as SC and are not open to shell fishing. The area is not a Primary Nursery Area
(PNA).
In general, the Town of Duck Land Use Plan allows certain types of development in
Conservation classified AECs, which is consistent with the State's minimum use standards.
I have reviewed this project with the Town of Duck Land Use Plan and have determined
that this project appears consistent with the Town of Duck Land Use Plan.
Cc: File

Regulatory Division
SAW-2023-00071
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
APR e -3
Reference the application of Dare County to replace 900 linear feet of riprap revetment, install
928 linear feet of sheet pile sills with associated backfill and marsh plantings, adjacent to the
Currituck Sound, located between 1264 and 1248 Duck Road, in the Town of Duck, Dare County,
North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
3. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns within

1 I . Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
12. In order to protect the endangered West Indian manatee (Trichechus manatus) the Perm ittee
shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at htti)s://www.fws.gov/media/2017-manatee-
guidelines-north-caroling
Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
20�
Josh Pelletier
Regulatory Project Manager
Copies Furnished:
Ms. Stephanie Goss
North Carolina Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mrs. Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division -Region IV
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
a R 77 Fri 7 it-)
APR ' <G23

Bodnar, Gregg
From:
Sent:
To:
Cc:
Subject:
Attachments:
Please see above for the permit.
Gregg
Gregg Bodnar (he/him/his)
Major Permits Coordinator
Division of Coastal Management
Bodnar, Gregg
Monday, April 10, 2023 11:12 AM
Cross, Sandy; Pelletier, Josh R CIV CESAW CESAD (US); Padrick, Lee; DCR -
Environmental_Review; Whitfield, Clif; Harrison, James A; Harris, David B; Jenkins,
Shannon; Haines, Andrew•, Moser, Mike; Hilliard, Wanda; Montalvo, Sheri A; Dumpor,
Samir; Thorpe, Roger; Stewart, Glenn A; Dunn, Maria T.; Butler, Rodney A
SVC DCM.MHC.Admins
RE: CAMA MAJOR: TOWN OF DUCK - INC 12 RESILIENCY & LIVING SHORELINE (1 OF 2)
43-23 Town of Duck - INC 12 Living Shoreline.pdf
North Carolina Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)
G regg.Bod nar@ncde n r.eov
Find a Field Rep (arcais.com)
1.
ew ii', DUf �
NORTH CAROLINA (I V
Department of Environmental Duality /
Email correspondence i,
Carolina Public Records \S
From: Godfrey, Ella M <EIIa.Godfl
Sent: Tuesday, November 29, 202, \ V
To: Cross, Sandy; Owens, Charlan <
<[e-mail]>,
<Envi ron menta I.Review@ ncdcr.gov:
<[e-mail]>; Harr
n CIV CESAW CESAD (US)
.,crce.nc.gov>; DCR - Environmental —Review
., [e-mail]>; Harrison, James A
, -avid B <[e-mail]>; Jenkins, Shannon
<[e-mail]>; Haines, Andrew <[e-mail]>; Moser, Mike
<[e-mail]>; Hilliard, Wanda <[e-mail]>; Montalvo, Sheri A
<[e-mail]>; Dumpor, Samir<[e-mail]>; Thorpe, Roger
<[e-mail]>; Stewart, Glenn A <[e-mail]>; Dunn, Maria T.
<[e-mail]>; Butler, Rodney A <[e-mail]>

Cc: Bodnar, Gregg <[e-mail]>; SVC_DCM.MHC.Admins <[e-mail]>
Subject: CAMA MAJOR: TOWN OF DUCK - NC 12 RESILIENCY & LIVING SHORELINE (1 OF 2)
Good afternoon,
Please accept this correspondence as the official distribution of a CAMA APPLICATION for the above referenced
proposal. In the above attachments you will find the standard forms and comment sheet. As before, the comment
sheet will provide the requested comment due date, DCM contact information, etc.
This distribution email has a return receipt notification. Please accept the request, as we use that to log receipt of the
application.
Ella M. Godfrey
Office Assistant
Division of Coastal Management
NC Department of Environmental Quality
252-264-3901, ext. 231
252-331-2951 (fax)
ella.godfrey(@ncdenr.gov
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909
'Nothing Compares -
Snail correspondence to and born this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
https://deg.nc.gov/about/divisions/coastal-management/

ocMMr-� `7���°�
APPLICATION for
OCT 0 5 2012 ;
Maior Development Permit `f dd
(last revised 12/27/06) D(",, AAt'•0
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Town Of Duck, North Carolina
Project Name (if applicable)
NC 12 Resiliency and Living Shoreline Project
Applicant l: First Name
Drew
MI
Last Name
Havens
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
1240 Duck Road, Suite 106
PO Box
City
Duck
Stale
NC
ZIP
27949
Country
Phone No.
252-255-1234 ext.
FAX No.
252-255-1236
Street Address (if different from above)
City
State
ZIP
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Vhb, Inc., Permitting Agent For Applicant
Agentl Contractor 1: First Name
MI
Last Name
Tim
Davis
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
351 McLaws Circle, Suite 3
Wlliamsburg
VA
ZIP
Phone No.1
Phone No. 2
23185
757.279-2830 - -
ext.
757 - 220 - 0500
ext.
FAX No.
Contractor #
757 903 2794
NA
Street Address (if different from above)
City
State
ZIP
Email
C
CEN
[e-mail]
252-808-2.000 :: 1-808-41tCOAST :: www.tic coastal inanag amenf om.MHD �'

Form DCM MP-1 (Page 3 of 5) w) ��� ` APPLICATION for
Major Development Permit
OCT o 5 2022
3. Project Location
County (Can be multiple)
Street Address ✓ E.
Stale Rd. #
Dare
1252 Duck Road
12
Subdivision Name
City
Slate
Zip
NA
Duck
NC
27949-
Phone No.
Lot No.(s) (if many, attach additional page with list)
252 - 255 - 1234 ext.
See attachment, ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Pasquotank
Currituck Sound
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade []Unknown
Curriluck Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes LINO
work falls within.
Town of Duck, INC
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.tt.)
1,040 ft
LOD is approx. 3.79 acres (165,092 so
c.
Size of Individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
See Attachment ,
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
NWL to 6.6 ❑NHW or SINWL
e.
Vegetation on tract
Uplands - Prunus serotina, Salix caroliniana, Morelia cerifera, Phragmites australis, Campsis radicans, Commelina
communis, Phytolacca americana, Oenothera laciniata, Dioscorea oppositifolia, Parthenocissus quinquefolia.
Wetlands - Juncus roemenanus, Phragmites auslralis, Alternanthera philoxeroides, Sagittaria lancifolia, Iva frutescens.
I.
Man-made features and uses now on tract
Private pier; stone riprap revelment with inadequate stone size; Route 12 pavement and sidewalk.
g.
Identify and describe the existing land uses ad scent to the proposed project site.
1. Real estate management office
2. Restaurant
3. Residential
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Commercial
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j.
is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes IBNo ❑NA
If yes, by whom?
I.
Is the proposed project located In a National Registered Historic District or does it involve a []Yes ONo ❑NA
National Register listed or eligible property?
<Form continues on next page>
NOV 2 9 Gz;'
E)CM-MHU UTY
252-898-2809 .. 11saa-4RcoAST .. www.occoastalreanagement.net

Form DCM MP-1 (Page 4 of 5) APPLICATION for
OCT 2022
Major Development Permit
o 5
M. (1) Are there wetlands on the site? ®Yes [:]No
(ii) Are there coastal wetlands on the site? ��'�' l ° '•°''�'
®Yes []No
(iii) If yes to either (1) or (n) above, has a delineation been conducted? ®Yes ❑No
Wach documentation, if available)
n. Describe existing wastewater treatment facilities.
NA
o. Describe existing drinking water supply source.
NA
p. Describe existing storm water management or treatment systems.
None currently
5. Activities and Impacts
a. Wit the project be for commercial, public, or private use? ❑Commercial ®PubliGGovernment
❑Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The project includes raising a segment of NC 12 roadbed and Installing a new sidewalk for transportation safety. An inadequate shoreline
revetment will be replaced with a revetment of proper size and dimension to provide storm resiliency and protect Rt 12 from recurring
flooding. In wetlands, marsh habitat will be restored using living shoreline design to enhance protection from shoreline erosion and increase
aquatic habitat. Sills will be Installed to protect existing and newly restored marsh habitat.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Backhoes and dump trucks. Equipment storage is being considered at several sites along Rt 12 to include an adjacent
commercial parking lot, the City Hall property owned by the Town of Duck, or the Town of Duck safely facility. Temporary
access for sill installation will be done via mats placed on sandy bottom. All efforts to avoid temporary impacts to SAV will be
employed during sill installation.
d. List all development activities you propose.
1. Raising the pavement elevation of a section of Route 12
2. Installing a new pedestrian sidewalk
3. Installing shoreline features and creating new vegetative marsh using living shoreline principles.
e. Are the proposed activities maintenance of an existing project, new work, or both? Both
I. What is the approximate total disturbed land area resulting from the proposed project? 1.7 so ❑Sq.Ft or ®Acres
g. Will the proposed project
encroach on any public easement, publlc accessway or other area ®Yes [:]No DNA
that the public has established
use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
1. Woodtvinyl sill to be placed along waterward edge of existing marsh vegetation
2. Replace and lengthen existing riprap revelment of inadequate elevation and stone size
3. Sand fill in open water area to create adequate elevations for planting Juncus roemerianus as part of living shoreline
I. Will wastewater or stormwaler be discharged into a wetland? []Yes ®No ❑NA
If yes, will this discharged water be or the same salinity as the receiving water? ❑Yes []No ❑NA
j. Is there any mitigation proposed? []Yes ®No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
NOV 2 9 2022
252-BOB-2808 :: 1.888.4RCOAST :: www.nccoastalmanagomonQQU-MHD CITY

Form DCM MP-1 (Page 5 of 5) t ' - t i { ,! APPLICATION for
OC.j 0 ti ?,v?.
Major Development Permit
6. Additional Information p`
In addition to this completed application form, (MP-1) the following items below, if,e'ep kaA`Mu bmitted In order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please glve the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name: Promenade at Duck, LLC Phone No. unknown
Address: 221 Westmoreland Dr, Youngstown, PA 15696
Name: Ships Watch Association Phone No. 252-261-2231
Address: 2600 N. Croatan Hwy, 2n° Floor, Kill Devil Hills, NC
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennitlee, and Issuing dales.
None
h. Signed consultant or agent authorization form, if applicable.
1. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project Involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only hemscribed in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of slate and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 9-29-22 Print Name: Drew Havens, Town Manager, Town of Duck
Signature Z?4Z6'u- �Y2L�Q,JLeL
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development
®DCM MP-4 Structures Information NOV 2 9 2022
DCM-MHD CITY
267.•80D-2008 .. 1.888.4RCOAST .- www.occoastalrnanagement.net

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
CC 0 5 2022
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental Information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL
stabilization
Length
NA
NA
NA
NA
NA
NA
928 ft for sill
Width
NA
NA
NA
NA
NA
NA
3'
Avg. Existing
NA
NA
NA
NA
NA
NA
Approx 1 to 2'
Depth
Final Project
NA
NA
NA
NA
NA
NA
Unchanged
Depth
1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL In b. Type of material to be excavated.
cubic yards.
(i) Does the area to be excavated Include coastal wetlands/marsh d. High -ground excavation in cubic yards.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL []None
(it) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
NA
c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance?
[]Yes ❑No []NA []Yes []NO []NA
(ii) If no, attach a letter granting permission from the owner. (ii) If yes, where?
e. (i) Does the disposal area include any coastal wetlandstmarsh
(CM. submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL []None
(ii) Describe the purpose of disposal in these areas:
f. (i) Does the disposal include any area In the water?
❑Yes ❑No []NA
(ii) If yes, how much water area is affected?
RECEIVF.E)
NOV 2 9 2022
DCM-MHD CITY
252-808.2808 :: 1.888-4RCOAST :: www.nccoastalmanauenrent.nel revised: 12126/06

Form DCtM MP-2 (Excavation and Kill, page 2 of 3)
r�
3. SHORELINE STABILIZATION ❑This section not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization b. Length: 9 L do - F for revelmen
v v ILy���Y.ey eyulGpnW elol/JIII /�VIIICI, LIVIIIU
shoreline
c. Average distance waterward of NHW or NWL: Sill 15', Revetment
3'
Width: T for sill. 12'-13' for revetment
d. Maximum distance waterward of NHW or NWL: Sill 35'.
Revetment 5'
e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12
Wood base with vinyl panels for sill. Stone revelment. Sand to be months?
planted with Juncus roemerianus for living shoreline marsh ®Yes ®No ❑NA
restoration.
(ii) If yes, state amount of erosion and source of erosion amount
Information.
Very minor
g. Number of square feel of fill to be placed below water level.
Bulkhead backfill _ Riprap 413
BreakwalertSill approx 2,748 Other 0
Impacts to federal jurisdiction for riprap revelment = 3.092 SF
See Sheet 5.
i. Source of fill material.
Local commercial sources to be chosen by contractor
h. Type of fill material.
Wood/vinyl for sill. Class II stone for revetment. Sand for living
shoreline/marsh restoration areas.
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ®Yes []NO [
If yes,
(11) Amount of material to be placed In the water Ann ry
(III) Dimensions of fill area 8.452 SF
(iv) Purpose of fill
Clean sand for marsh restoration
5. GENERAL
a. Howwill excavated or fill material be kept on site and erosion
controlled?
Fill material will be hauled in using dump trucks.
c. (1) Will navigational aids be required as a result of the project?
[]Yes ®No ❑NA
(it) If yes, explain what type and how they will be implemented.
No navigational aids. However, reflectors will be Installed on
sills.
b. (i) Will fill material be placed In coastal wetlands/marsh (CW),
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV _ ®SB
❑WL []None
(ii) Describe the purpose of the fill in these areas:
Sand to be placed on existing sandy bottom to establish planting
areas for marsh restoration.
b. What type of constmclion equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
Backhoe, dump trucks, cement trucks for revelment and sidewalk.
$III Installed using mats. Water is too shallow for barge.
Pressure jet will be used to set posts Into the bottom of the
sound. Vinyl sills will be hammer driven into the sandy bottom.
d. (1) Will wetlands be crossed in transporting equipment to project
site? []Yes ®No []NA
(h) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
NOV 29 Z �7
DCM-MHD CITY
252-808.280B :: 1-B88.4RCOAST :: www.ncconstalmanaaementmet revised: 12126/06

Form OGM MP-2 (excavation and rig, Page 3 of 3)
Date September 30,2022 /; , - �-�•
NC 12 Coastal Resiliency and Living Shoreline Project
Project Name
Drew Havens, Manager, Town of Duck i
�..�` `•� 'J f "
Applicant Name
Da,eur- pS�ar.erzd
Applicant Signature
NOV � (,:,
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: 12/26/06

Form DCM MP-3
UPLAND DEVELOPMENT OCT 05202Z
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MPA. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures to. Number of lots or parcels.
proposed.
NIA
Road Imrovement, public sidewalk and stormwaler Swale
Infiltration system
c. Density (give the number of residential units and the units per
acre).
N/A
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
❑Yes ®No DNA
(ii) If yes, list the date submitted!
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
7,356 SF of new impervious to include sidewalk built in 2020.
I. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops, or
to be used for vehicular driveways or parking.
Existing is 67.331 SF. Total new impervious is 7,356 SF to include
2020edu alk N90/\
j. Describe proposed method of sewage disposal.
N/A
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industriall
commercial effluent, "wash down" and residential discharges).
None. Stormwaler from new sidewalk to be captured by a new
stormwa er Swale infiltration system.
d. Size of area to be graded, filled, or disturbed including roads.
ditches, etc.
The area of disturbance is 3.79 acres to Include road work,
sidewalk, revelment, and living shoreline.
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
The replaced road surface will be asphalt and the new sidewalk
will be concrete. Revetment will be Class II stone.
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
❑Yes ®No DNA
(ii) If yes, list the date submitted:
k. Have the facilities described in Item (i) received state or local
approval?
❑Yes ®No DNA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwaler r'SIC CFIWF7D
design?
❑Yes ®No ❑NA NOV 2 9 ?Q??
If yes, attach appropriate documentation.
DCM-MHD CITY
252-808-28082 :: 1-808-4RCOAST :: www.nccoastalmananement.net revised: 12126106

Form DCM MP-3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
NIA
o. When was the lots) platted and recorded?
Unknown
n. (i) Will water be impounded? ❑Yes ®No ❑NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
❑Yes ❑No ®NA
Date September30,2022
R
Project Name
uc(0 5 zozz
Town of Duck RI 12 Resiliency and Living Shoreline Project
Applicant Name Drew Havens, Town Manager
Applicant Signature
NOV 2 9 ?0??
DCM- AHD CITY
252-808.2808 :: 1-888-4RCOAST :: wwwmccoastalmanaaement.net revised: 12126/06

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
0 C [ 0 5 2022
M- EC
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (I) Is the docking facility/marina:
❑Commercial ❑Public/Government ❑Private/Community
®This section not applicable
b. (i) Will the facility be open to the general public?
Dyes ❑No
C. (1) Dock(s) and/or pier(s)
d. (i) Are Finger Piers included? Dyes ❑No
(ii)Number
If yes:
(Ili) Length
(it) Number
(iv) Width
(Ili) Length
(v) Floating Dyes ❑No
(Iv) Width
(v) Floating Dyes [:]No
e. (1) Are Platforms included? Dyes ❑No
I. (i) Are Boatlifts included? ❑Yes ❑No
If yes:
If yes:
(H)Number _
(it)Number
(N)Length _
(Ili)Length
(Iv) Width
(iv) Width
(v)Floating Dyes ❑No
Note: Roofed areas are calculated from dripfine dimensions.
g. (!)Number of slips proposed
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Wet slips") only, number of slips:
❑ Dry storage; number of boats: _
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
1. Check the proposed type of siting: I. Describe the typical boats to be served (e.g., open runabout,
❑ Land cut and access channel charter boats, sail boats, mixed types).
❑Open water; dredging for basin and/or channel
❑Open water; no dredging required
❑Other; please describe:
RECEIVE[)
k. Typical boat length: _ I. (1) Will the facility be open to the general pt�lis?, 9 �C�?
Dyes ❑No U VV
m. (i) Will the facility have tie pilings?
❑Yes ❑No
(it) Ifyes number of tie pilings? C[��NiH[ l�Y
252.808-2808:: 1.888-4RCOAST N www. nccoastal mananernent. net revised: 12127106

Form PJCM MP"Li (Str(ictures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS
®This section not applicable
a. Check each of the following sanitary facilities that will be Included in the proposed protect.
❑Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding tank pumpoul; Give type and location!
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. Howwill overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available' signs proposed.
I. Describe the special design, if applicable, for containing Industrial type pollutants, such as paint, sandblasting waste
and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
RECEIVED
NOV 2 9 2022
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
Dyes ONO
DCM-MHD CITY
252-808-2.800:; 1.080-4It0OAST is www.nccoastalmanaaemebt net
revised: 12/27/00

Form DGM MP-4 (Structures, Page 3 of 4)
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?.
[]Yes ❑No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CM, submerged aquatic vegetation 04ss W ttom
(SS), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None DrF-.,1C
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (1) Is the boathouse slructure(s):
[]Commercial ❑PubliclGovernment ❑Private/Community
(ii) Number
(Ili) Length
(iv) Wdth
Note: Roofed areas are calculated from driplins dimensions.
4. GROIN (e.g., wood, sheelpfle, etc. It a rock groin, use MP-2, Excavation and Fill,) 0This section not applicable
a. (i) Number
(it) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) ❑This section not applicable
a. Length 928 LF b. Average distance from NHW, NWL, or wetlands
15 from NWL. 1 to 2 feet waterward from coastal wetlands
c. Maximum distance beyond NHW, NWL or wetlands
35 feet from NWL
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s):
❑Commercial ❑Publie/Government ❑Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing _
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
NOV 2 9 2022
r"A-MHD CITY
252.-808-2806:: 1-888-411COAST :: www.tieconstalmonagement.net revised: 12I27/06

Forin DCM MP-4 (Structures, Page 4 of 4)
a. Proximity of structures) to adjacent riparian property lines
Variable. Sills to be placed waterward of riparian properties
by approximately 20 to 60 feet
Note: For buoy ormooring piling, use arc of swing including length
of vessel.
c. Width of water body
Currituck Sound
e. (i) Will navigational aids be required as a result of the project?
❑Yes ONO ❑NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
Sills to be 10 feet near the plant of private dock situated in
the center of the project
d. Water depth at waterward end of structure at NLW or NWL
Normal water depth at sill is approximately 1 7 to 2 feet
8. OTHER ElThis section not applicable
a. Give complete description:
The project includes the improvements to Rt 12 to raise the roadbed; installation of a new sidewalk entirely in uplands adjacent
to Route 12 between the roadway and Curriluck Sound shoreline; the reconstruction and lengthening of an existing,
inadequate stone revelment; installation of sills waterward of existing marsh to protect marsh vegetation along the sound
shoreline; and the restoration of marsh using a living shoreline design. Structures to be placed in waters include a series of 16
wooded/vinyl sills. The project does not include any building, dock, pier, marina, groin, or moorings.
The project will require that a 15-foot section of the existing Bynum private dock be temporarily removed to allow for the
construction of the road, sidewalk and revetment. Once the road, sidewalk, and revetment are installed, the 15-foot segment
of the dock will be replaced at the same dimensions with new piles generally at the same location. The new section of dock
will tie into the new elevation created by the raising of the roadbed and sidewalk.
September 30, 2022
Date
Duck Road Coastal Resiliency and Living Shoreline Project
r
Project Name
Drew Ravens, Manager, Town of Duck
Applicant Name
Applicant Signature
NOV 2 9 ?TW
DCM-MHD cr Y
:: 4-088•411COAST :: www.nccoastalmanaslement net revised: 12/27/06

March 10, 2023
Ref. 33952.04
Mr. Curt Weychert
North Carolina Division of Coastal Management
NC Department of Environmental Quality
400 Commerce Avenue
Morehead City, NC 28557
•00
`� #Vhbo
Re: Duck Road Improvements and Shoreline Resiliency Joint Permit Application ,
Town of Duck
Dear Curt,
r.mPT'��
MAN 'I %t23
VHB has received a copy of the comments provided to you from Ms. Maria Dunn with the North Carolina
Wildlife Resources Commission (WRC) regarding the above referenced permit application submitted by
the Town of Duck. We would like to offer the following responses to the WRC comments.
Comment 1 - "An in -water moratorium of April 1 - September 30 should be included as a permit
condition."
The Town of Duck welcomes a large population of vacationers during the summer months, as do the
other Outer Banks communities. Because Duck Road is the single roadway connecting these communities,
it is impractical for the Town to perform roadwork during the peak of the vacationing period. The Town
of Duck intends to perform all of road and revetment work during the fall/winter months when
vacationing visitors and traffic flow are at the lowest. However, the planning and permitting of this
project has been on -going for over two years. To demonstrate to the funding entities and the public at -
large that progress is being made on this important project, the Town wishes to install the sills this
summer. We have consulted a local contractor on the estimated time it would take to install the sills, and
the response we received was between 6 to 8 weeks depending on weather. We believe this short
window of construction in comparison to the suggested 6-month moratorium period is reasonable to
allow.
Comment 2 - The NCWRC does not generally support the placement of fill behind sill structures.
Sediment transport along a sill may result in sediment accretion and the quiescence behind the sill
allows coastal wetlands and SAV better opportunities to thrive naturally. Therefore, we request the
fill component of the project be removed."
351 McLaws Circle
Suite 3
Engineers I Scientists I Planners I Designers Williamsburg, Virginia 23185
P 757.220.0500
- - - F 757.903,2794

Mr. Curt Weychert
Ref: 33952.04
March 10, 2023
Page 3
�•��rE
Vhb
To the WRC's point about mitigation, and not to diminish the importance of open water habitat, it is clear
in the scientific literature that vegetative marsh habitat provides greater functions and values for aquatic
fisheries habitat, avian shorebird habitat, nutrient absorption, soil stabilization, water filtration, and coastal
protection than open water. In fact, the restoration of marsh habitat in the Currituck Sound has been
expressed as a major priority of the state of North Carolina, and this project is in line with helping to meet
this priority. Overall, the project will have a net benefit to both the human and natural environment that
serves as "self -mitigation", and the Town believes that further consideration of compensatory mitigation is
not necessary.
Comment 4 - "We would also like to note that solid breakwater structures, especially long sections,
may encounter strong wind and wave action that could compromise the structures or cause scour
at the base. Slotted sections or smaller sections may minimize this impact."
VHB will include performance specifications for the sills as part of the construction plans. The
performance specifications allow the contractor some leeway in the construction methods and materials,
but with certain restrictions to ensure integrity of the structure. The contractor will be required to present
final construction drawings to VHB. VHB structural engineers will review the contractor plans and sign/seal
the plans before construction can begin. This avenue for design and construction has been implemented
and proven successful at several other Outer Bank locations such as National Audubon Society Pine Island
Preserve and Moor Shore Road in Kitty Hawk.
We appreciate the opportunity to address NCWRC comments. If you have any further questions, please
contact me at [e-mail].
Sincerely,
Vanasse Hangen Brustlin, Inc.
R. Timothy Davis
Senior Environmental Scientist
[e-mail]
cc: Drew Havens, Town of Duck
MAR I ` %023

Weychert, Curtis R
From: Sandy Cross <[e-mail]>
Sent: Saturday, February 25, 2023 8:17 AM
To: Weychert, Curtis R
Subject: [External] Fwd: NFWF Grant - Fill
Attachments: image001.png; Conceptual Plan & Cross Section.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Curt,
I had the opportunity to speak with Joe as well as our engineers for this project after our conversation yesterday. Below
are comments from Joe Heard, Director of Community Development, along with the plan and cross section that was the
basis for approval. If we must remove this fill aspect, in all likelihood, this will require modification to.our grant
application and further review to determine if we are still eligible for those funds without the fill.
If this is not sufficient for DCM to move forward, we would request a meeting with you and WRC so that we may
determine a path forward that works for all involved.
As we are running up on another important variance deadline, time is of the essence.
I will be traveling most of Monday so please feel free to call me on my cell at 252-384-3024.
Sandy
Sent from my Fhone
Begin forwarded message:
From: Joe Heard <[e-mail]>
Date: February 24, 2023 at 4:45:08 PM EST
To: Sandy Cross <[e-mail]>
Subject: NFWF Grant - Fill
Sandy,
The project narrative for the NFWF grant contains the following paragraph/statement that make it clear
that fill and planting are a necessary part of the project's success.
"The constructed sills will address the need to protect the existing and newly constructed wetland
vegetation by diminishing wave action along this stretch of shoreline in the North Duck Village Living
Shoreline project area. The additional soil and marsh grass vegetation will result in a consistent, stable
area of wetlands in the project area. In turn, these wetlands will provide additional protection to the
adjoining properties and highway from the force of wave action on Currituck Sound. The restored
wetlands will also provide valuable habitat for a variety of species."

SIIWI1AY

From:
Sandy Cross
To:
Bodnar, Greaa
Subject:
RE: [External] RE: Town of Duck NC Hwy 12 project
Date:
Thursday, March 16, 2023 12:45:50 PM
Attachments:
imaae001.ona
imaae002 ono
imaae003.Dno
innaae004.ono
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Renort Spam
Gregg,
We are good with these conditions. Thank you for keeping this moving.
Sandy
From: Sandy Cross
Sent: Thursday, March 16, 2023 9:10 AM
To: Bodnar, Gregg <[e-mail]>
Subject: RE: [External] RE: Town of Duck NC Hwy 12 project
Thank you for this language. I have an email into our team looking for concurrence. I will be back in
touch as soon as possible.
Sandy
From: Bodnar, Gregg <gregg.bodnarfa ncdenr go >
Sent: Thursday, March 16, 2023 8:52 AM
To: Sandy Cross <SCrOss(o7TOwnofDuck com>
Subject: RE: [External] RE: Town of Duck NC Hwy 12 project
Morning Sandy,
Below are the 2 conditions drafted to deal with the phrag and monitoring of the wetland
creation. As you can see they are speak to the overall interest in making the fill and wetland
planting successful. Typically permittees update DCM on monitoring is some form or fashion
periodically and we work with the permittee during that time to determine success.
In accordance with commitments made by the permittee, the permittee shall address
existing stands of phragmites within the Coastal Wetland fill template prior to filling activities
and continue to address volunteered phragmites within the Coastal Wetland fill template in
accordance with Condition No. 13.
In accordance with commitments made by the permittee, the Estuarine Waters located

NC Division of Coastal Management
Cashier's Official Receipt
2231WB C n
Received From.1 i G t I I f
Permit No.:
Applicant'sNarne: )U4.., k- '�5 �- :
Project Address:
DO �-(— 2.0
Check No.: Iy `t I -
County; i ), C
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: 1
Signature of Field Representative: 'Y
Date: -f
Date:f f
RECEIVED.
NOV 2 9 N??
DCM-MHO Cl'n,'

MAJOR PERMIT FEE MATRIX
Applicant: i,.... •rt-_ 11), ne k
Selection
Development Type
DCM %
DWQ %
dFee
(14300 1601 435100093 1625 6253)
(24300 1602 435100095 2341)
I. Private, non-commercial
development that does not
100% ($250)
0% ($0)
involve the filling or
excavation of any wetlands
or 0 an water areas:
II. Public or commercial
development that does not
$400
100% ($400)
0% $0
( )
involve the filling or
excavation of any wetlands
or open water areas:
mm�Major
Modification to a
CAMA Major permit
$250
100% ($250)
0% $0
( )
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B. C, or D below applies:
III(A). Private, non-
commercial development, if
General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4097 (See
attached can be applied:
III(B). Public or commercial
development, if General
Water Quality Certification
$400
100% ($400)
0% $0
( )
No. 4097 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
4097 (see attached) could
$400
60% ($240)
40% ($160)
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
a uatic life:
III(D). If General Water
Quality Certification No.
4097 (see attached) cannot
60%($240)
40%($160)
be applied:
H$475
IV. For development that
involves the filling and/or
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:
RE F
NOV 2 N 2022
OC W-tMIAD CITY

'This is a word processing form to be completed in Microsoft Word"'
NC Division of Coastal Management
Major Permit Application Computer Sheet
(1110112012)
Applicant: Town of Duck c/o Drew Havens
Date: 1112B/2022
Project Site County: Dare
Staff. Ron Renaldi
District: Elizabeth City
❑Morehead City
❑Washington
El Wilmington
Project Name: NC 12 Resiliency and living Shoreline Project
Rover File:
Date of initial application submittal (EX., 11&2007): 8/19/2022
Date application received as complete"in the Field office (EX: 1/812007): 1111412022
Permit Authodzation: ❑CAMA ❑Dredge & Fill ZBoth
SITE DESCRIPTION/PERMIT INFORMATION
PNA: El Yes ®No
Photos Taken: Yes M No❑
Setback Required (riparian): ❑Yes
No
Critical Habitat: ❑ Yes ❑No ❑Not Sure
15 foot waiver obtained: ❑Yes ®No
Hazard Notirication Returned:
Oyes ®No
SAV.- 2 Yes❑No ❑Not Sure
Shell Bottom.. ❑Yes No Not
Temporaryimpacts: ®Yes No
Sure
Sandbags: El Yes ®No ❑Not Sure
Did the land use classification come from
Mitigation Required (optional):
county LUP:®Yes ❑No
❑Yes ®No
Moratorium Conditions: Yes No
Environmental Assessment Done:
❑NA
❑Yes ❑No®NA
SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FINS)
❑ Nutrient Sensitive Waters (NSW)
❑ Swamp Waters (SW)
❑ High Quality Waters (HQW)
❑ Outstanding Resource Waters (ORW)
WETLANDS IMPACTED
M (404) Corp. of Engineers (Jurisdictional
U (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswod ( Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spadina
altemiflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlemsh (Juncus
❑ (SP) Sait/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre;
® III(D) Priv. public or comm w/D&F to 1
3490 can be applied - $250
acre; 3490 can't be applied - $400
Minor Modification to a CAMA Major
El Major Modification to a CAMA Major
❑ W Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer- $100
U III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension request -
11. Public or commerciallno dredge
$100
and/or rill - $400
RECENED
❑ 1. Private no dredge and/or rill - $250
❑ Ill(C) Priv. public or comm wrD&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
NOV 2 g 2W
252.808.2808 :: 1.888.4RCOAST :: www.nceoastalmanagement.net 2012

NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant: Town of Duck c/o Drew Havens
Date: 1112812022
Describe below the ACTIVITIES that have been applied for, All values should match the dimension order, and units of
measurement found in yourActivities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
One
Choose
One
DimensioLDImenslon
Dimension 3
Dimension 4
Fill (road)
I
NewWoik®
Replace
1335
3
Maint ❑
® Y ❑ N
Fill (shoreline
J
New Work
Replace
]5
stabilization
Maint ❑
❑ Y ® N
High Ground
I
New Work ®
Replace
1335
104
Disturbance
Maint ❑
❑ Y ® N
Riprap
I
New WorkED
—Ronlace
/5
Maint ❑
®Y ❑ N
Sill (olhet)
j
New Work®
Replace
928
3
Maint ❑
❑ Y ® N
Wetland
J
New Wok
Replace
8452
Creation
Maint ❑
❑ Y M N
New Work IR
Replace
Maint ❑
❑ Y ® N
Naw Work ❑
Replace
Maint ❑
❑ Y ❑ Al
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work❑
Replace
Maint ❑
—Wok
❑ Y ❑ N
New ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
— ---
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y [IN
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Metal ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint El
❑Y❑N
R
CFIVED
revised Nov. 2012
DUM-MI-10 CITY

NC Division of Coastal Mgt. Application Computer Sheet, page 3 of 3)
Applicant: Town of Duck c/o Drew Havens
Date: 1112812022
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found In your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
Habitat Name
DISTURB TYPE
(Applied for
Disturbance total
(Anticipated final
disturbance.
(Applied for.
Disturbance
(Anticipated final
disturbance.
Choose One
Includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
tamp im acts)
6TIMCI amount)
lam impacts)
amount
HC
Dredge [I Fill [IBoth ❑ Other 0
152,190
15Z 190
SB
Dredge❑ Fill® Both ❑ Other ❑
11,649
11,649
SH
Dredge ❑ Fill ❑ Both ❑ Other to
900
900
GB
Dredge ❑ Fill ® Both ❑ Other ❑
230
230
WL
Dredge El Fill® Both ❑ Other ❑
1,263
1,253
WRC
Dredge Fill® Both ❑ Other ❑
8,452
8,452
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
1-eao-arrc0g5T a www.nccoastalmanagement. net II11 i revised: Nov. 2012
r)CM-MHD 01TV.

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 29, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quallry
FROM: Gregg Bodnar, Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax [phone] (Courier04.16-33)
greee bodnarlp n d nr ov
SUBJECT: CAMA/Dredge & Fill Review
Applicant: Town of Duck — NC 12 Resiliency and Living Shoreline Project
Project Location: Between 1264 Duck Road and 1248 Duck Road; Town of Duck in Dare
County
Proposed Project: Make a section of NC 12 more resilient to flooding by raising the elevation of
the roadway & improve the existing riprap revetment; add a new sidewalk
and bike lane for the safety of pedestrians and bicyclists.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grepg Bodnar at the address above by December 20, 2022. If you have any
questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
,*Additional comments may be attached*"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY
SIGNATURE
DATE
RECEIVED
D_EQ2� North Carolina Department of EnvironmentalQual" I Division of Coastal Management NOV 2 9 K22
Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carollm 27909
252.2643901 DCM-MHD CITY

DCM Coordinator: Greg Bodnar Distributed Yes® No ❑
Applicant: Town of Duck Distribution Date: 11/29/2022
AGENCY
ECRO
Community Development/LPO
sandy Cross— Town of Duck
DCM Planner
Charlan Owens Eliz City
US COE:
Josh Pelletier
Community Assistance
Lee Padrick (Beaufort, Carteret Craven, Eliz city,
Pamlico, Washington)
Cultural Resources
Renee Gledhill -Earley
Div. of Water Infrastructure
(Nolonger public Water Supply)
Clif Whitfield
Marine Fisheries
James Harrison
NC DOT
David Harris
Shannon Jenkins
Shellfish Sanitation
Andrew Haines
Mike Moser
State Property
Wanda Hillard
DEMLR/DWR:
Sheri Montalvo
DEMLR
Sediment & Erosion-
Samir Dumpor
Storm water -
Roger Thorpe
DWR 401-
Glenn Stewart
WRC
Maria Dunn (WARO)
National Heritage Program
Rodney Butler
RECEIVED
NOV 2, c; U22
DCM—MHD CITY
Revised : 6/29/2018

PERMIT SUPPORT DOCUMENT
Duck Road (Route 12) Coastal
Resiliency and Living Shoreline
Project
Town of Duck, North Carolina
PREPARED FOR
Town of Duck
D BY
�ihb,
351 McLaws Circle, Suite 3
Williamsburg, Virginia 23185
757,220.0500
November 8, 2022
RECEIVED
NOV 2 9 2022
DCM-MHD CITY
E... `. •.� f ~.+ A V Env.. D
N a v o 9 2022

RECEIVED
NOV 2 9 ZU?
DCM-MMD CITY

Duck Road (Route 12) Coastal Resiliency and Living Shoreline Project
Table of Contents
p q Z022
fjov
iIntroduction
�f"✓3"".......1
..............................................................................................
Project Background ................................................
.......................................................................
Project Introduction
............1
..............................................................................................................................
Agency Cooperation and Funding
2
...............................................................................................
......3
2
Project Purpose and Need............................................................................................5
RoadwayImprovements.........................................................................................................5
NewSidewalk..............................................................
...........................................................9
LivingShoreline...........................................................................................
.............................10
3
Site Description...........................................................................................................13
GeneralFeatures...........................................................
............................................. ..............13
Wetlands and Other Waters of the US .....................
............................................... .......14
Threatened & Endangered Species Review..................................................................15
Cultural Resources Review...................................................................................................16
4
Alternatives Analysis...................................................................................................17
RoadwayFlooding............................................................................................
......................................17
BulkheadOnly...........................................................................................................................17
RiprapRevetment Only
.......................................................
............................. .....................18
Raising the Road Pavement with Riprap Revetment
(Preferred Alternative) ... 19
Sidewalk......................................................................
.......... .......................................................................19
ShorelineHabitat Enhancement
.........................................................................................................20
5
Project Impacts............................................................................................................23
Wetlands......................................................................................................................................................24
Area of Environmental Concern..........................................................................................................25
30-Foot CAMA Buffer
....................................................................
.........................................................26
Construction Methodologies .............................. ..............................................................................
27
6
Avoidance, Minimization, Mitigation..............................................................I........30
7
Conclusions..................................................................................................................32
8
References....................................................................................................................34
Attachments
A
1PA and Drawings
B
Wetland Delineation Information
C
Cultural Resource Information
D
Threatened and Endangered Species Information
E
Easements
F
Construction Plans
RECEIVED
G
NC DOT Support Letter
NOV 2 9 2022
i TableofContents DCM-MHD CITY

Duck Road (Route 12) Coastal Resiliency and Living Shoreline Project
q0V 0 9 2022
List of Tables
Table No. Description Page
1 Summary of Revetment Impacts.....................................................................................25
2 Summary of Impervious Area and Shoreline Buffer Impacts ......................
List of Figures
Figure No.
Description
Page
1
Project Location Map.............................................................................................................2
2
Shoreline protection alternative using a bulkhead..................................................18
3
Shoreline protection alternative with the new sidewalk placed on the
crestof a revetment..............................................................................................................18
4
Sill Concept Design suggested by the North Carolina Department of
Environmental quality, Division of Coastal Management that involves fill
material and marsh planting....................................................... ..........21
............................
5
Location of Geotechnical Soil Samples (Terracon Consultants, Inc. 2022).....26
RECEIVED
NOV 2 9 2022
ii Table of Contents
DCM-MHD Ck,"Y

vhb,
1 NOV 0 9 2012
Introduction
Project Background
Incorporated in 2002, The Town of Duck is situated along the northern Outer Banks on a
narrow strip of land between Currituck Sound and the Atlantic Ocean, The Town is home to a
small year-round population of 531 people, but seasonal residents and tourists increase that
figure to as many as 25,000 during the peak tourist season of April through October (Duck
Fire Department 2019). There are 2,906 total housing units in the town including 273
occupied units and 2,633 second -homes or vacation rental units. The Town is also home to a
growing retirement population, attracted to the area by the mild climate and beautiful
natural surroundings.
Duck Village, the historic center of the Town, consists of a Town Park, Town Hall, and
businesses comprised of retail, restaurants, and tourist -oriented shops. The remainder of the
Town's land uses are dominated by single-family residential neighborhoods, with a few
multi -family residential structures, small pockets of commercial uses, and a primary resort
destination (the Sanderling Resort). The Town operates its own police, fire, and ocean rescue
services from a public safety building north of Duck Village. They provide aid for fire
suppression, EMT first response, motor vehicle collisions, weather -related emergencies,
ocean rescue, and public service calls. The departments respond to an average of 600 calls
for service per year (Duck Fire Department 2019).'
N.C. Highway 12 (NC 12) is the only north -south roadway through the Town. All other roads
extend into small neighborhoods with no interconnectivity. NC 12 provides the only means
of daily traffic through the Town, pedestrian and bicycle access to the Town Village,
emergency vehicle access, and storm evacuation. Portions of NC 12 are subject to flooding
(including areas impacted by stormwater runoff and areas inundated by storm surge from
Currituck Sound). Such flooding prohibits north -south traffic within the Town and blocks
daily travel, emergency vehicles, the one lone evacuation route, and pedestrian and bicycle
travel. This issue is particularly acute in areas where NC 12 runs immediately adjacent to the
Currituck Sound at low elevations. In an effort to address these flooding issues, the Town is
focused on one section of NC 12 north of Duck Village.
RECEIVED
1 Introduction NOV 2 9 2022
DCM-MHD CITY

f•, f" t �� s::: kw:�
k0V 0 9 2022
NC 12 Coastal Resiliency and Living Shoreline Permit Support Document
nyurn i, rrojea Locauon map
Project Introduction
The one particular section of NC 12 at the north end of Duck Village that runs immediately
beside the Currituck Sound shoreline is a two-lane roadway with paved shoulders and a
single sidewalk on the northbound (east) side of the roadway. This segment begins near the
intersection with Cook Road northward to the intersection with Barrier Island Station and the
entrance to the Sunset Grille Restaurant for approximately 1,335 LF (Sheet 1). The road and
sidewalk routinely experience surge flooding from Currituck Sound and are also threatened
2 Introduction
RECEIVED
NOV 2 9 2022
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NC 12 Coastal Resiliency and Living Shoreline Permit Support Document
by shoreline erosion. The NC 12 Resiliency Project will serve to address these issues via the
Town's Mitigation Action Plan, Section 7, of the Outer Banks Hazard Mitigation Plan by
raising the elevation of the roadway and improving the existing, but inadequate revetment.
To combat shoreline erosion and the slow loss of marsh habitat along the Currituck Sound
shoreline, the Town also proposes habitat enhancements using Living Shoreline design
principles that include sills and marsh plantings. Additionally, this same section of NC 12 is
experiencing increased numbers of pedestrians and bicyclists. To accommodate the safe use
of the roadway by these users, the Town also proposes the addition of a new sidewalk and
dedicated bike lane on the southbound (west) side of the roadway. The combination of these
three components (roadway improvement, bike/ped improvements, and shoreline
enhancement) will serve to protect vital roadway infrastructure needed for the daily
transportation movements and emergency services, address coastal resiliency in the face of
sea level rise, increase safety for bike/ped users, and enhance the habitat for aquatic
resources.
Agency Cooperation and Funding
This is notjust a hopeful project solely supported by the Town of Duck. For over two years,
the Town of Duck has been seeking assistance, both technical and financial, from
cooperating public and private sources as the fulness of the project began to take shape.
The first commitment came from the Dare County Tourism Board in the form of a grant
amounting to $147,806 for the sidewalk element of the project. Realizing the opportunity to
increase marsh habitat in the Currituck Sound, the National Fish & Wildlife Foundation
(NFWF) awarded a matching grant in the amount of $384,011 to the Town of Duck relating
to the Living Shoreline component of the project. Once the Town realized that road
improvements were needed to address long-term coastal flooding resiliency, they
approached NCDOT for assistance. Although not currently a funding participant, the NCDOT
has expressed support for the project and has agreed to act as a design and construction
partner. The proposed improvements will require a right-of-way encroachment agreement
from the NCDOT, which the Town is pursuing. But most importantly, the Town is requesting
Building Resilient Infrastructure and Communities (BRIC) funds through the Federal
Emergency Management Agency (FEMA) covering 65% of the cost in addition to the other
funding listed above. The BRIC application was first screened and scored by the North
Carolina Department of Public Safety, Division of Emergency Management, Hazard
Mitigation before going to FEMA, and out of all of the BRIC applications submitted in North
Carolina, the NC 12 project at Duck was scored as their highest -ranked proposal.
This multi -agency funding and support demonstrates how biologists, engineers,
planners, and elected officials agree on the importance of the project and are willing to
assist in the pursuit of project success to address unacceptable infrastructure risk
factors and coastal resiliency.
3 Introduction
N a V 0 9 2022.
r RECEIVED
NOV 2 9 2022
DCM-MHD CITY

NC 12 Coastal Resiliency and Living Shoreline Permit Support Document
4 Introduction
s"3r-OEIVED
NOV 2 9 2022
U4-,M—MHD CITY

vhb.
HOY 0 0 2022
Project Purpose and Need
The NC 12 Resiliency project involves three components: roadway improvements, bike/ped
improvements, and shoreline improvements. The purpose and need driving these
components are addressed separately below.
Roadway Improvements
As a community on the Outer Banks of North Carolina, the Town of Duck is most vulnerable
to flooding and wind damage from tropical cyclones. On average, the Outer Banks
experiences at least one named or unnamed subtropical cyclone each year. Just to name a
few, this roadway section has experienced flooding caused by the following storms, at times
with greater than 2 feet of inundation over the road. Example photos of roadway damage
taken immediately after storm events are presented below.
• Hurricane Irene (Category 1): 08/27/2011
• Hurricane Matthew (Category 1): 10/8/2016
• Hurricane Dorian (Category 1): 9/9/2019
• Fall Storm: 10/14-16/2019
• Winter Storm: — 2/7/2020
NC. 12 STORM DAMAGE FROM CATEGORY 1 HURRICANE IRENE. NOTE EXPOSED UTILITIES
AND EROSION AT THE EDGE OF THE PAVEMENT AND THE INADEQUATE STONE SIZE
RECEIVED
5 Project Purpose and Need NOV 2 9 2022
DCM-MHD CITY

I Ilk
RECEIVED
NOY
ON
NC 12 Coastal Resiliency and Living Shoreline Permit Support Document
STORM DAMAGE TO THE PROJECTAREA FROM CATEGORY 1 HURRICANE IRENE.
STORM DAMAGE TO THE ROUTE 12 PROJECT AREA FROM CATEGORY 1 HURRICANE IRENE.
6 Project Purpose and Need
NOV 2 9 2022
DCM-MHD CITY

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f�i.
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[S�WIN

NC 12 Coastal Resiliency and Living Shoreline Permit Support Document
The photographs above demonstrate the expected damage to the project area from a
NOV 9 20?.2 Category 1 storm. This, however, pales in comparison to the potential damage to NC 12 (a
complete washout) that would likely occur from a category 4 or 5 hurricane with winds
D C M-., EC greater than 130 miles per hour and a storm surge as high as 12 to 15 feet. While a storm of
this magnitude is rare, they do occur in the Atlantic Ocean and would have devastating
impacts to the island backshore if such a storm were to move across the Pamlico, Albemarle
and Currituck Sounds.
As the only north -south road through Duck, NC 12 serves as the sole means of access for
thousands of residents and hundreds of thousands of tourists travelling to properties located
in the northern four miles of neighborhoods of Duck and all of the Currituck County
coastline farther to the north. The project segment of road sits at elevations between 3.5
and 5.5 feet NAVD88 (the normal.water level is +0.7 feet). The entire segment is within the
FEMA designated 100-year flood zone. The baseline flood elevation for a 50-year storm
event at his location is 5.6 feet. Because of the low elevation of the roadway, it's close
proximity to Currituck Sound, and the loss of abutting marsh, NC 12 has become more
vulnerable to closure due to flooding, and this trend is expected to continue in the future as
the effects of climate change and sea level rise exacerbate this situation. This segment of NC
12 was designated as the most vulnerable in the Town of Duck in the 2020 vulnerability
assessment study conducted by the Program for the Study of Developed Shorelines at
Western Carolina University. North of this location there are 10,088 parcels of land (1,305 in
Duck and 8,783 in Currituck County) with a total of 6,256 dwelling units on 16,985 acres of
land (Currituck County and Dare County GIS data and 2018 American Community Survey). In
peak season, weekly population in these areas is 64,435 (2018 Currituck County Tourism
Report). During flood events forcing the closure of NC 12, all of these people and properties
are cut off from access to medical services, evacuation routes, and other necessities. Should
erosion cause complete road failure, the duration of this access issue would become
significantly more severe since there is no other route of passage. Other critical infrastructure
(public water, electricity, and telecommunications) lies within the road right-of-way and are
threatened by shoreline and roadway erosion and washout.
The threat to infrastructure also carries potential impact to the tourism revenue on which the
region relies. In 2019, direct tourist spending in Currituck County totaled over $250 million, and in
Dare County totaled $1.27 billion. Duck is situated at the northern end of Dare County,
immediately adjacent to Currituck County. Tourism employs 13,880 people in Dare County, which
is more than one -in -three residents being employed in a travel and tourism related job. As a point
of reference, in 2019, Duck accounted for 14% of the occupancy and meals collections within Dare
County. As an example of the impact of temporary disruptions to the tourism economy, in 2017 a
construction -related power outage affected residents and businesses in southern Dare County
and resulted in a class action lawsuit that was settled for $10.35 million.
In addition, the Town's Public Safety Building, which includes the Duck Fire Department and
the Duck Police Department is located north of the roadway project area, as are the
following Currituck County facilities:
• Corolla Fire & Rescue
• Corolla Fire Station 61
• Currituck County Sheriff's Office
• Carova Beach Volunteer Fire Department
8 Project Purpose and Need
NOV 2 J Z022
DGM-MHD CITE

NC 12 Coastal Resiliency and Living Shoreline Permit Support Document
NaV U U 202?. When the road is flooded (or in the case of erosion and washout), all these Emergency
Management Services are cut off from access to hospitals (there are no hospitals or medical
centers north of the roadway flooding location) and other emergency services.
No alterations to INC 12 would completely prevent roadway flooding from a major hurricane
event traveling up the eastern coastline and entering the Currituck Sound, but the Town can:
1) provide increased structural integrity to the shoreline with an improved revetment to
minimize the risk of a total washout, and 2) provide flood relief and infrastructure protection
sufficient to retain roadway passage during weaker, more common storm events by raising
the roadway elevation and protecting the roadway via a heavier, properly designed
revetment. The need to protect the roadway and utilities from storm surges is vitally
important to the Town and other northern communities. To meet this need for this segment
of INC 12, the purpose of the project is to design and construct a more resilient roadway by
elevating the road pavement and protecting the infrastructure with a properly designed
revetment.
New Sidewalk
"Duck is a pedestrian first community that is safe and easy to navigate
by walking and cycling. Our shared use trail, soundside boardwalk and
beach trail provide a variety of ways to explore and discover Duck.
Collaboration with various organizations enables us to optimize our
traffic flow in our unique seasonal environment." Town of Duck
Comprehensive Pedestrian Plan
Within Duck Village, the INC 12
corridor provides the primary
pedestrian and bicycle access to
businesses and other town
*stinations. Pedestrians and
cyclists once shared roadway
shoulder space that had an
inadequate width for multiple
users and which created
crowding and safety risks. In
addition, the roadway lacked
adequate cross walks resulting in
people crossing the roadway at
random locations. Between 2007
and 2013, the Town experienced
25 bike/ped and motorist
collisions.
INADEQUATELY SPACED NC 12 ROAD SHOULDER AT DUCK
USED BY CYCLISTS AND PEDESTRIANS
Building on the vision statement above, the Town completed a Comprehensive Pedestrian
Plan in 2014 to address numerous transportation issues, the principal one being public
safety. A Steering Committee of local residents, business owners, Town Council, and others
was formed to guide the goals, oversee the collection and analysis of data (pedestrian usage,
RECEIVED
9 Project Purpose and Need
NOV 2 9 2Q22
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NC 12 Coastal Resiliency and Living Shoreline Permit Support Document
bike and vehicular counts, crash data, etc.), review draft recommendations, and ultimately
Nov 0 9 2022 sign -off on a final plan. The work involved public outreach and community input via townhall
meetings and a public survey questionnaire (which by the way, safety was the number one
public issue). The plan provided a means for improving infrastructure, public outreach and
' `•-'''+' ' "rt' education, and policy changes. Several goals and objectives of the plan are as follows:
• Become a Pedestrian First community and a model Outer Banks town for pedestrian
infrastructure and usage.
• Provide and/or adapt infrastructure which encourages safe pedestrian movement and
awareness through a Complete Streets approach, including access for mobility
impaired individuals, as well as separation of bicyclists and pedestrians where
appropriate.
• Provide connectivity between and within neighborhoods and a beach trail to enhance
pedestrian mobility, access to the village area, and for emergency access and
evacuation.
• Provide a systematic network of pedestrian crossings.
• Prepare consistent wayfinding for safety and user guidance through signing and
pavement markings.
• Provide safe, accessible and direct access to businesses in consideration of economic
enhancement.
Active implementation of the plan has been ongoing by the Town in a phased infrastructure
approach at significant monetary investments for a community this size. Separate sidewalks
have been added to both sides of NC 12 throughout the Village in conjunction with
converting the shoulders to dedicated bike lanes. A public boardwalk was also introduced
into the plan to provide other means of access to businesses via an aesthetically pleasing
atmosphere away from traffic with views across the Currituck Sound. Phased construction of
the plan has been ongoing since 2014.
The 2014 Comprehensive Pedestrian Plan recommended 5-foot wide sidewalks on both
sides of NC 12 between Dune Road and Barrier Island Station (the project area). The sidewalk
on the east side was constructed in 2019. The proposed sidewalk project outlined in this
application is a continuation of the previous actions to meet the goals of this plan with the
purpose of providing dedicated pedestrian and bike paths along the western side if NC 12.
Living Shoreline
Currituck Sound has been undergoing significant adverse changes over the decades as a
result of multiple causes, the most predominant are a slow conversion of a saltwater system
to a freshwater system due to blockage of historical tidal inlets connecting the Sound with
the Atlantic Ocean and increases in suspended solids affecting water turbidity caused by
high wave energy during periods of strong winds and dredging activities (USACE 2010a).
Pursuant to a Congressional mandate, the USACE Wilmington District has initiated a
Currituck Sound Ecosystem Restoration Feasibility Study in cooperation with the North
Carolina Department of Environment and Natural Resources (NCDENR). The impetus of this
study is to "investigate and recommend appropriate federal actions and plans for ecosystem
10 Project Purpose and Need
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NC 12 Coastal Resiliency and Living Shoreline Permit Support Document
restoration initiatives in Currituck Sound." The study cites multiple issues facing the
Currituck Sound that could be examined, but in the end, the USACE decided to focus on the
following habitat goals and objectives as being the most important.
1) Increase the extent of vegetated shallow -water ecosystems
2) Increase the extent of back -barrier estuarine marsh
3) Increase the extent of nesting -island ecosystems
4) Promote mainland and streamside ecosystems to the extent that they support
vegetated shallow -bottom, back -barrier marsh, and island systems.
S) Provide an appropriately balance distribution of habitat types.
The USACE Wilmington District and NCDENR havejointly decided that increasing the back -
barrier estuarine marsh is a top priority to restoring the Currituck Sound. This priority is also
shared by the Town of Duck, not only with regard to habitat enhancement, but also shoreline
protection benefits. Over the past 30+ years, the northern portion of Duck Village has seen
substantial erosion of established marsh vegetation along Currituck Sound that once
provided critical functions as important habitat for aquatic wildlife and protection from
shoreline erosion. As marsh habitat is lost, the Town is experiencing erosional loss of
valuable shoreline properties.
At the northern end of the NC 12 project segment, the estuarine marsh has been reduced to
virtually nothing as the Sound directly abuts a hardened shoreline of riprap installed by the
N.C. Department of Transportation (NCDOT) to help protect the adjoining highway. During
periods of high tides, waves will reach the riprap creating turbulence and sand -shifting. At
low tides, a narrow section of shoreline beach habitat is exposed. Further south, the project
shoreline contains spotty patches of marsh vegetation vulnerable to future loss from high-
energy wave action and erosion. The NC 12 Resiliency and Living Shoreline Project will help
to address these issues by providing a stable, long-term solution to flooding and shoreline
erosion for this section of INC 12 using living shoreline principals, the benefits of which are
vastly recognized by the scientific community. Using a living shoreline design, the Town's
plan will serve to adhere to the USACE and NCDENR's goal outlined above to "increase the
extent of back -barrier estuarine marsh" and help protect what little marsh remains.
Nov n s 2022
RECEIVED
11 Project Purpose and Need NOV 2 9 ZU?
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NC 12 Coastal Resiliency and Living Shoreline Permit Support Document
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12 Project Purpose and Need NOV 292022
()CM-MIC CITY

;.,3
3 NOV 0 O 2022.
Site Description
The Town of Duck is situated near the middle of Bodie Island in Dare County on the Outer
Banks of North Carolina. A 1952 aerial image of the Town (www.historicaerials com) shows the
majority of the island to be undeveloped, open sand dunes with very little vegetation except a
strip of upland vegetation on the backside (western side) along the Currituck Sound shoreline.
The majority of the backside contained wetland marsh vegetation with few areas having an
open beach. This section of Bodie Island at Duck is approximately 2,500 to 3,000 feet wide
with the Atlantic Ocean bordering the eastern side and the Currituck Sound bordering the
western side. Elevations undulate in response to dune formations, with a top elevation
reaching approximately 45 feet near the center of the island.
By the 1980s and 90s, the Town was mostly developed, which brought with it a need to install
hardened shoreline protection measures along the Currituck Sound, namely bulkheads and
riprap revetments. Today, the town comprises residential and commercial lots with the
exception of a large tract on the north end of town owned by the U.S. Army Corps of
Engineers. A single roadway artery cuts through the town (NC 12). All other roads extend into
neighborhoods having no connectivity through the town.
General Features
The specific project area encompasses a 1,335 linear foot section of NC 12, and includes
paved impervious cover; vegetated uplands of trees, shrubs, and mowed grass; stone riprap;
marsh wetlands; and open water associated with the Currituck Sound (Sheets 3A and 3B).
Elevations range between +7.0 at the northern end of the project area to -1.4 feet in the
Currituck Sound. Impervious surfaces include the INC 12 roadway and shoulders, a 5-foot wide
sidewalk on the eastern side of INC 12, and a parking area entrance to a commercial site
(Sunset Grille Restaurant) at the northern end. Vegetated upland areas comprise sections of
sloping dunes with naturally occurring vines and herbs, mowed road shoulders dominated by
grasses and common weedy plants, and forested patches. Dominant upland plants include
trumpet creeper (Compsis rodicons), greenbriar (Smilax bona-nox), American beautyberry
(Phytolocco americans), American beach grass (Ammophila breviligulato), Virginia creeper
(Parthenocissus quinque%lia), black cherry (Prunus serotina), live oak (Quercus virginiana),
yaupon holly (Ilex vomitorio), Asiatic dayflower (Commelina communis), evening primrose
(Oneothera laciniato), and Indian yam (Dioscorea oppositifolia).
The existing shoreline revetment is comprised of two segments that follows the longitudinal
grade of the existing road pavement. The longer of the two segments begins at the north end
at a small boat launch next to the Sunset Grille Restaurant entrance and extends southward to
near the intersection with Sea Colony Drive for approximately 620 linear feet. The crest hIvED
13 Site Description
NOV 2 9 ZG22
0G',MAMIFID CITY

NC 12 Coastal Resiliency and Living Shoreline Project Permit Support Document
revetment at its highest point reaches +7 feet at this northern end and declines in elevation
NOV 0 9 2022 moving further south to +2.7 feet. The second segment begins across from Sea Colony Drive
and extends about 120 linear feet. The revetment crest at this location ranges in elevation
from +2.1 to +2.5 feet. In the lower elevations, common reed is growing through the stone.
Material used to create the revetment measures to an equivalent NCDOT Class II stone (9 to
23 inches) with some broken concrete. At the northern end, larger class stone was added at
the upper crest next to the road pavement in response to a storm surge which pushed the
smaller stone from the revetment across the road pavement.
PROJECT SHORELINE SHOWING THE REVETMENT AND PATCHES OF BLACK NEEDLE RUSH
(JUNCUS ROEMERIANUS)
Wetlands and Other Waters of the US
Wetlands within the project area include a small area of scrub -shrub totaling 1,319 square
feet (SF) in the southern end of the corridor along the upland/wetland interface and patches
of herbaceous marsh totaling 22,767 SF. Scrub -shrub vegetation includes wax myrtle (Morelia
Geri/era), willow (Sollx caroliniono), salt bush (Baccharis holimifolio), and marsh elder (Iva
frutescens) mixed with the invasive reed grass (Phragmites australis). Approximately 53
percent of the emergent marsh is dominated by reed grass (11,933 SF) and 47 percent is
occupied by black needle rush (Juncus roemerionus) (10,835 SF).
RECEIVED
14 Site Description NOV 2 9 M
UCNA-Iv HD CITY

NC 12 Coastal Resiliency and Living Shoreline Project Permit Support Document
NC 12 SHORELINE AT AREA OF LOW ELEVATION SHOWING RIPRAP REVETMENT OVERGROWN
WITH PHRAGMITESAUSTRALIS
The normal water level (NWL) of the Currituck Sound is approximately +0.7 feet NAVD88. The
near -shore subaqueous, open water habitat of the Currituck maintains a bottom elevation
around -0.8 to -1.4 feet, which equates to water depths ranging between 1.5 to 2 feet. The
bottom substrate is primarily sand and silt. Areas occupied by SAV occur approximately 20 to
30 feet from the shoreline on the northern end and run along the waterward edge of the
marsh vegetation in the middle and southern end of the project site. The two dominant
species of SAV are widgeon grass (Ruppia moritima) and eelgrass (Vallisnaria americana) with
the average percent coverage at around 70 percent.
A wetland delineation has been performed along the shoreline pursuant to the US Army
Corps of Engineers (USACE) methodologies, and the flags have been surveyed by a NC
registered land surveyor. The state regulated coastal wetlands and normal water level (NWL)
were demarcated by.NC DEQ staff. USACE wetland delineation information can be found in
Attachment B of the application materials.
Threatened & Endangered Species Review
An online review of the Information for Planning and Consultation (IPaC) portal managed by
the U.S. Fish and Wildlife Service (USFWS) indicates fourteen (14) listed species as potentially
occurring in Dare County (Attachment Q. These include:
Animals
Northern long-eared bat (Myotis septentrionalis)
Red wolf (Canis ru(us)
West Indian manatee (Trichechus manatus)
Eastern black rail (Laterallus jomaicensis)
Piping plover (Charadrius melodus)
Red knot (Calidris canutus ru/a)
Red -cockaded woodpecker (Picoides borealis)
Roseate tern (Sterna dougallii)
1S Site Description
p
(• 1.
!r <tNov 0 0 2022
RECEIVED
NOV 2 9 2022
IDCM-MHD i3ITY

NC 12 Coastal Resiliency and Living Shoreline Project Permit Support Document
Green sea turtle (Chelonia mydos)
Hawksbill sea turtle (Eretmochelys imbricoto)
Kemp's Ridley sea turtle (Lepidochelys kempit) NOV 0 9 2022
Leatherback sea turtle (Dermochelys coriacea)
Loggerhead sea turtle (Coretto coretta)
Plants
Seabeach amaranth (Amaranthus pumilus)
Wildlife biologist and botanists with VHB have examined the habitats of the project area
related to the IPaC species list and have determined that no habitat is present for these
species and no critical habitat occurs within the project area. The species on the IPaC list
generally occupy or nest in either forested areas, beach and dunes along the Atlantic Ocean,
wide expanses of tidal marsh, or marine aquatic habitats. The project will occur along a short
stretch of shoreline currently occupied by the roadway and existing revetment. No forested or
beach habitats are present.
Cultural Resources Review
As described earlier, the land associated with the Town of Duck appears to be completely
unoccupied in the early 1950s. The North Carolina State Historic Preservation Office's (SHPO)
HPOWEB Map Service was queried to identify known cultural resources in and near the
project area (N.C. State Historic Preservation Office 2018). This service provides information
such as cultural resources sites listed on the National Register of Historic Places, sites
designated as Local Landmarks, and other data useful in considering potential impacts to
cultural resources. Attachment D shows the results of the HPOWEB Map Service database. As
shown on this map, there are no cultural resources within the vicinity of the project area.
16 Site Description
RECEIVED
NOV 2 9 2022
DCM-MHD CITY

p Nov 09
Alternatives Analysis
Vhb,
j..a
The Town of Duck proposes improvements to NC 12, the installation of a new sidewalk, and
habitat improvements to the Currituck Sound shoreline along a 1,335 LF section of road
north of Duck Village. The trio of actions provides a unique opportunity to satisfy several
goals and objectives of the Town all in one project. Not every component of the project
would affect wetland resources, but the planning effort looked closely at insuring that each
component blended together to function as one unit in the best interest of public
transportation, coastal resiliency protection, and ecological enhancements. Engineers and
planners examined various alternative concepts to determine how each would function and
whether success could be achieved without jeopardizing the goals and objectives of the
other components. The primary issue to overcome was the limited amount of upland space
between the road and the wetlands and determining the best use of that space so as to
avoid and minimize encroachments into the wetlands. Details of this planning effort are
provided in this chapter.
Roadway Flooding
The Town examined methods to prevent flood waters from reaching the existing NC 12
pavement that sits between elevations +2.19 and +5.5 feet NAVD88. The transition from
open water to marsh to road shoulder at the southern half of project site is a gradual
elevation rise. The northern half has an abrupt elevational shift from open water with a sandy
bottom to a steep revetment. To keep flood waters from reaching the road, some form of
modifications would need to be installed. Three alternatives were examined to address
flooding of the road.
Bulkhead Only
This option would remove the existing riprap of inadequate size and install a bulkhead along
the edge of the grassy road shoulder with a top elevation of +6.0 feet. No alterations would
be made to the roadway. The lowest point in the road within the project segment is +2.15
feet, which means the bulkhead would protrude higher than the roadway by 3.85 feet. The
new sidewalk could be installedjust landward of the bulkhead as shown in the diagram
below.
RECEIVED
17 Alternatives Analysis NOV 2 9 2022
DCM-IA6tqC CITY

Town of Duck Living Shoreline and NC 12 Resiliency Project Permit Support Document
__t____I__________________I_}.. _SrMn000.sw
W UNfI M'�IxMnWUW I K.fiSWMMNA 1rt11..H1
I
Figure 2. Shoreline protection alternative using a bulkhead.
— U451N44M[Q -159
This alternative would resolve the issue of roadway flooding for storms smaller than the 50-
year event. However, whenever flood waters crest the bulkhead, water would gather on the
i w, L`. i,.7
road with no means to flow back to the Currituck Sound once the storm has passed. The
bulkhead would hold back the water on the road causing disruptions to traffic usage over an
NOV g g 2022
otherwise longer period. In addition, studies have shown that bulkheads and seawalls
support lower biodiversity and fewer organisms than riprap or natural shorelines (Gittman et
al. 2016a), and over time, wave energy reflection along seawalls would also negatively affect
what little marsh vegetation currently remains. Thus, the concept of a bulkhead or seawall
was contrary to the goals for habitat enhancement, and for these reasons, the option of a
bulkhead was dismissed from further consideration.
Riprap Revetment Only
One option that was studied included the installation of a riprap revetment using Class II
stone that would crest at elevation +5.6 feet. The concept would have the revetment begin
at the edge of the roadway pavement and the sidewalk would be placed on top of the
revetment, similar to the concept drawing below (Figure 3). This concept may protect the
road from a complete washout and would push the revetment further landward and away
from the adjacent wetlands, but water would move through the rocks and still cause
flooding of the roadway, thereby not truly fixing the problem of roadway flooding. For this
reason, this alternative was dismissed.
Figure 3. Shoreline protection alternative with the new sidewalk placed on the crest of a revetment
NOV 2 9 2C22
18 Alternatives Analysis
DCM-MHD CITY

,Town of Duck Living Shoreline and NC 12 Resiliency Project Permit Support Document
Ilia o s 2df2 Raising the Road Pavement with Riprap Revetment (Preferred
Alternative)
Under this alternative, the section of low-lying roadway would be demolished and rebuilt at
a higher elevation (+5.6 feet). This alternative would be much more expensive, but this would
resolve most of the flooding issues. This alternative also includes adequate shoreline
protection to help prevent washout from high energy wave action caused by a major storm.
A properly design revetment using adequate stone size would be included in this alternative
to protect the road pavement, sidewalk, and utilities from a major storm event. Some minor
impacts to wetlands (mostly reed grass) would be required to achieve the desired sideslope
and connect to the natural grade, but the riprap would not affect the remaining tidal marsh
vegetation. An extensive literature review by Gittman et al. (2016a) on hardened shorelines
found that riprap provides similar shoreline biodiversity and abundance of organisms as
naturally vegetated shorelines. Based on this science, the Town believes that protecting the
roadway using a riprap revetment would not significantly impact the overall ecosystem, and
in fact may enhance habitat for some species rather than a monoculture of the invasive reed
grass austrafis.
Sidewalk
The Town wishes to provide enhanced bike/ped transportation options along this stretch of
NC 12. Currently, the Townjust recently constructed a sidewalk on the northbound (eastern)
side of the roadway and marked the paved road shoulder for dedicated bike use with the
idea that users on the western side of the road would cross the road to reach these
amenities. Instead, pedestrians and cyclists continue to use (and share) the southbound road
shoulder, which was not intended for shared use. The Town considered two options.
1) One alternative would expand the width of the existing northbound sidewalk from 5 feet
to an B-foot shared use path and add designated cross walks for access. However, this
alternative would require that steeply sloped vegetated sand dunes be cut to make
room for the path and a substantial retaining wall installed at considerable cost. This
alternative would continue to rely on users on the western side to cross the road to
reach the shared use path.
2) The second alternative involves the addition of a new sidewalk. Planners and engineers
realized that there was room for another sidewalk on the southbound side without
encroachment into the adjacent wetlands. This sidewalk could be installed at a lower
cost than construction for the northbound shared use path and retaining wall. This
alternative would remove the outer 1-foot of pavement to make room for a stormwater
swale and convert the remaining paved road shoulder to a dedicated bike lane. Once
this alternative was constructed, there would be a sidewalk and bike path on both sides
of the road, which would remove the need for users to cross the road to reach one of
these amenities. The Town has elected this approach to resolving the bike/ped use for
this section of roadway.
RECEIVED
19 Alternatives Analysis M?
NOV 2 9

Town of Duck Living Shoreline and NC 12 Resiliency Project Permit Support Document
Shoreline Habitat Enhancement
The Currituck Sound shoreline at the project area comprises a mix of subaquatic vegetation
(SAV), sandy bottom, marsh, and riprap habitats. With the slow, gradual loss of marsh habitat
over the decades, the Town is concerned that much of the marsh will be lost over time, as
NOV 0 9 2027. will the functions it provides (aquatic species habitat, shoreline protection, wave absorption,
etc.). To reverse this trend, the Town wishes to enhance this section of shoreline using living
shoreline design principals.
Several factors were considered in the design of the shoreline to include protection of SAVs,
reference water depths within existing marsh, open water depths, and wave fetch.
VHB biologists performed a survey of the SAV along the project area in 2022 using GPS
mobile technology and determined that there was a clear boundary of SAVjust waterward of
the existing marsh at the southern end of the project area and approximately 20 to 25 feet
from the shoreline in the northern end where no marsh is present. The two dominant species
of SAV are widgeon grass and eelgrass with the average percent coverage at around 70
percent. Any design of the shoreline would look to avoid impacts to this area even though
this would greatly restrict the amount of space in which marsh restoration could occur.
Another factor to consider is water depth. Survey spot shots taken along the shoreline found
that the elevation of existing Juncus marsh appear to be consistently around 0.0 to +0.2 feet
NAVD8B. Reed grass occupies areas with elevation between +0.2 and +1.4, and open water
areas in the Currituck Sound were found to have elevations of 0.0 to -1.4 feet. The landward
limits of the SAV boundary closely follows the -1.0 to -1.3 elevations.
The shoreline contains a fairly wide marsh at the southern end of the project area, then the
marsh becomes broken patches in the middle of the project area until all marsh is absent at
the northern end where water depths appear to be too deep. The design would look to "fill
in the gaps' where marsh vegetation is absent to the SAV line. The following alternatives
were considered in achieving this goal.
1) One option would include installing plants in the areas absent of vegetation with no
plans to manipulate the bottom elevations, wave energy, or bottom substrate. No fill
material would be used to manipulate the bottom elevations that otherwise would be
considered a regulatory impact. This option would pose greatest risk in failure of plant
survivorship once planted materials are left to survive in areas of high wave energy and
water depths not matching nearby reference marsh elevations. For these reasons, this
alternative was dismissed.
2) Another option would Include an alternative suggested by NCDENR involving the
installation of a sill along the landward side of the SAV line to dissipate wave energy,
allowing bottom sediments to accumulate over time landward of the sills and marsh
vegetation to naturally recruit into the bare areas. Fill material would be limited to the
space occupied by the sills. This option poses certain uncertainties that left uncontrolled,
would pose a high risk of failure. One issue includes the uneven distribution of
sediments as they accumulate landward of the sills. If the target marsh ecosystem is one
dominated by the same native species (namely black needle rush (Juncus roert2i ArvF)J FD
NOV 2 q r22
20 Alternatives Analysis 0C•M-MHD CITY

Town of Duck Living Shoreline and NC 12 Resiliency Project Permit Support Document
currently on site, proper elevations and water depths are needed. Survey data in the
project area show elevations in the Juncus marsh being around 0.0 to +0.2 NAVD88,
which is a narrow range. Natural sediment deposition may come in higher or lower than
N0V 0 9 2022 the target elevation resulting in either no natural recruitment ofJuncus (no marsh
establishment at all) or areas of too much sediment accumulation reaching elevations
• .•� above +0.2 feet and becoming overrun with the invasive reed grassjust as the reference
wetlands. For these reasons, the Town dismissed this alternative for reasons of having
more control over the system, and the third alternative below was developed.
3) The third alternative is to utilize a more controlled approach to manage 1) damaging
waves, 2) bottom elevations (i.e. water depths), and 3) species composition via a living
shoreline design similar in concept to the option suggested by NCDEQ, Division of
Coastal Management (httos•//deq nc oov/about/divisions/coastal management/coastal
management-estuarine-shorelines/stabilization/stabilization options) and displayed
below as Figure 4. This alternative would include sills located just landward of the SAV at
approximately 18 inches above the normal water elevation to dissipate wave energy; the
spot placement of sand fill landward of the sills to establish proper water depths of 0.0
to +0.2 feet and planting medium in the areas lacking marsh vegetation; and the
installation of black needle rush plugs within the open water gaps tojump-start the
growth of this reference marsh plant. Consideration was given to the use of a stone sill,
but this was believed to cause an unacceptable level of impacts to SAV due to its wider
footprint compared to a vertical vinyl or wooded sill.
Sill
VILW FROM NUM.
Normal Love Water
NormalHigh Water
larch Planting
A II mateda I
Erosion
Euorpmow
rtgure u. am concept Design suggested by the North Carolina Department of
Environmental Quality, Division of Coastal Management that involves fill material and
marsh planting.
21 Alternatives Analysis
RECEIVED
NOV 2 9 ZGZZ
DCUI-MHD CITY

Town of Duck Living Shoreline and NC 12 Resiliency Project Permit Support Document
While there would be a "regulatory' fill involved for the living shoreline, the impact of
converting the sand bottom to a vegetated marsh habitat would provide a net functional
benefit (Gittman et al. 2016b), and would provide the best chance of marsh
establishment and minimize the competitive pressure of reed grass from becoming the
dominant plant.
f109 0 0 2027.
DECEIVED
22 Alternatives Analysis NOV 2 9 2c22
DCM-MHD CITY

`%hb.
5 No 1. 0 9 7a21
Project Impacts
The Town of Duck Living Shoreline and NC 12 Resiliency Project features three main
elements as shown in Sheet 2. The first element is the reconstruction of a low-lying
segment of Duck Road (NC 12) to raise the roadbed to the 50-year storm elevation of the
Currituck Sound known to be +5.7 feet. The second element is the construction of a new
sidewalk along the western (southbound) side of NC 12 and improving a shoreline
revetment to provide the protection of this infrastructure from severe storm events, and
the third element is the enhancement of the shoreline marsh using living shoreline design
principals.
The segment of NC 12 situated within the project area has a pavement elevation between
+2.85 and +7.0 feet NAVD88. Approximately 1,335 linear feet of the roadway, most of
which sits below +5.7 feet in elevation will be removed and the roadbed will be raised to
tie into the existing roadbed at around elevation +5.7 feet. The rebuilt road will have the
same vehicular lane -widths as the current road. Paved road shoulders, however, will be
narrower by one (1) foot to accommodate room for the bike lane, a 2-foot wide
stormwater infiltration drain, and the 5-foot wide sidewalk. The elevated roadbed will not
require side -sloped road shoulders. The revetment (described below) will serve as the
structural brace for the additional fill needed to elevate the road.
The project will include a new 5-foot wide concrete sidewalk along the western side of
the roadway between the road pavement and the revetment. A portion of the sidewalk
totaling 3,553 SF will be placed within the 30-foot CAMA buffer and 1,727 SF will be
within the 75-foot AEC buffer landward of the 30-foot buffer (Sheets 4A and 413). No
impacts to wetlands will occur due to the sidewalk. With the addition of new impervious
surface caused by the sidewalk, the plan includes a 2-foot wide stormwater infiltration
strip covered with grass to be located between the road pavement and the sidewalk. To
make room for the infiltration strip, the re -built paved shoulder will be 1-foot narrower,
resulting in 626 SF of existing impervious surface being removed within the 30-foot
CAMA buffer and an additional 421 SF within the AEC landward of the 30-foot
buffer. The net increase in impervious surface within the 30-foot CAMA buffer will be
2,927 SF, and the net increase in impervious surface wlthln the 75-foot AEC (landward of
the 30-foot buffer) will be 1,306 SF. The narrowed paved shoulder will be re -installed and
striped with paint to provide a dedicated bike lane.
RECEIVIM
23 Project Impacts
NOV 2 9 ?CU?
DCM-MHD CITY

Town of Duck Living Shoreline and NC 12 Resiliency Project Permit Support Document
The proposed plan would rebuild the shoreline revetment meeting NCDEQ design
standards and using NC Class II stone properly tied into the transportation infrastructure
at the top and the Currituck Sound shoreline. The crest will be set at elevation 5.7 feet
across the entire length of the revetment for a distance of approximately 850linear feet.
Nov 8 9 ?g12 Once the old revetment is removed, the shoreline will be reshaped to accommodate the new
stone. Filter cloth will line the underlying soil surface where the stones will be placed. The
f revetment will maintain a side slope of 1.5 to 1 (1.5:1), and the toe of the revetment will
include a 3-foot wide flattened section that will tie into existing grade across most of the
revetment. Some sections of the 3-foot wide toe in the wetlands will be below grade,
backfilled with sand, and planted with either native wetland shrubs or black needle rush
depending on the final elevation. The new revetment will extend beyond the NWL at two
locations totaling 413 SF.
A private wooden dock (Byrum dock) sits within the project area (Sheet 413). The project will
require that the landward 15 feet of the dock be temporarily removed in order to construct
the road, sidewalk and revetment. Once that work is completed, the 15-foot section of dock
will be reinstalled using the same dimensions and tied into the newly established elevation of
5.7 feet.
The project will also include a living shoreline to expand the marsh where wetland marsh
vegetation is absent (Sheets 6A and 6B). This element of the project will provide added
protection to the shoreline and increase habitat potential for aquatic species. This aspect
of the project is focused on wave dissipation using multiple vertical wooden/vinyl sills
positioned approximately 18 inches higher than the normal water level. Landward of the
sill, clean sand totaling 8,452 SF will be added to open -water areas void of marsh
vegetation to match elevations of the existing patches of reference marsh at around
elevation 0.0 to +0.2 feet NAVD88. Areas of existing marsh will be left undisturbed. The
open water areas with new sand will be planted with black -needle rush plugs at 1 foot
spacing.
Wetlands
No impacts to wetlands will occur as a result of the roadway improvement, the
stormwater infiltration Swale, and the new sidewalk. Temporary and permanent impacts
to wetlands are proposed due to the improved revetment and living shoreline.
Revetment
The refurbished riprap revetment will be much more robust in strength than the existing
revetment and designed to meet NCDEQ standards for slope requirements. The improved
revetment will encroach slightly waterward of the NWL at two locations resulting in 413
SF of impact. Within USACE jurisdiction, impacts for the revetment will amount to 47 SF of
scrub -shrub, 793 SF of Phragmites reed grass, 1,992 SF of rocky shore (existing
revetment), and 260 SF of waters (Sheets 5A and 5B). Impacts for the revetment will
occur to the following habitat types listed in Table 1.
REGE)vEn
24 Project Impacts NOV 2 9 R22
DCM-MHD CITY

t }
IIO V 0 9 2022
Town of Duck Living Shoreline and NC 12 Resiliency Project Permit Support Document
Table 1. Summary of Revetment Impacts
Wetland
Cowardin
Area
Agency
Classification
Code
Purpose
(SF)
INC DEQ
Estuarine, Intertidal,
E2RS2
Existing wetland
413
Unconsolidated
revetment converted to
Shore, Sand
upland revetment.
USACE
Estuarine, Intertidal,
E2SS
Revetment to extend into
47
Scrub -Shrub
scrub -Shrub
USACE
Estuarine, Intertidal,
E2EM
Revetment to extend into
793
Emergent
reed grass
USACE
Estuarine, Intertidal,
E2RS
New revetment to replace
1,992
Rocky Shore
the existing revetment
waterward of
unsdictional limits.
USACE
Estuarine, Intertidal,
E2US2
New revetment to extend
260
Unconsolidated
into unvegetated waters
Shore, Sand
Living Shoreline
Work to construct the living shoreline will involve the installation of 16 vinyl sills (each less
than 100 feet long) totaling 928 LF and the restoration of estuarine marsh. The vinyl sill will be
between 6 to 12 inches thick, depending on engineering specifications that have yet to be
determined. Wood pilings 8" in diameter will be spaced apart by 4 feet and there will be a 6" X
6" treated board on both sides of the sill used to secure the vinyl sills to the pilings. The vinyl
sills and pilings will be hammer driven into the soil. Assuming the maximum sized sill of 12"
with the 6" X 6' beams and 8" pilings, the assumed conservative width of the sill is 3 feet
resulting in aerial coverage around 2,748 SF. Short sections of the sills will unavoidably require
bisecting the landward edge of SAV for 108 LF due to the configuration of the SAV in relation
to marsh vegetation. SAV impacts would amount to an estimated 230 SF.
The living shoreline will include an expansion of the marsh habitat by removing the existing
revetment and backfilling areas of the old revetment and open water areas with clean sand
on the landward side of the sills to an elevation matching the existing patches of black needle
rush (approximately +0.2 feet NAVD88). The area of USACEjurisdiction to be restored amounts
to 8,452 SF of marsh that will be planted with plugs of black needle rush on 12" centers. One
strip of upland located just north of the Byrum dock will be converted to marsh totaling 710 SF.
The living shoreline will establish a total of 9,162 SF of new marsh habitat.
Area of Environmental Concern
The Area of Environmental Concern (AEC) includes the riparian zone of the Currituck Sound
extending inland by 75 feet. The AEC, as shown on Sheets 3A and 36, encompasses the
existing revetment, road pavement, the sidewalk on the eastern side of INC 12, and areas of
upland vegetation on the east side of the sidewalk. The total area of impervious surface
under existing conditions totals 34,545 SR This also includes the impervious surface within
the 30-foot CAMA buffer. Once the road improvements, new sidewalk, and new revetment
are completed, the total surface area of impervious surface within the AEC will be 38,837 SF.
RFCEIVEm
25 Project Impacts
NOV 2 9 2C22
0`1310401HD CITY

NOV 0 9 2022
Town of Duck Living Shoreline and NC 12 Resiliency Project Permit Support Document
30-Foot CAMA Buffer
The amount of impervious surface dedicated to the existing roadbed within the 30-foot
LAMA buffer currently measures to be 4,188 SF. Once the new roadbed is installed, a 1-
E -j foot wide section will be removed that will reduce the amount of impervious in the 30-
foot CAMA buffer. The proposed impervious for the roadbed will be reduced to 3,641 SF.
A geotechnical study was performed on the area of land where the new sidewalk will be
installed for the purpose of understanding the relatively shallow condition of the grassy road
shoulder. Six borings were performed as shown in Figure 5. This area is previously disturbed
with buried stone and the existing revetment that constitute unnatural features having no
buffering qualities. Therefore, the City believes the addition of the sidewalk renders no
additional impacts to the 30-toot CAMA buffer than existing conditions. Nevertheless, VHB has
quantified the area of new sidewalk in the 30-foot buffer for DEQ's discretion, which amounts
to 3,553 square feet. Taking into consideration the reduction in the roadway pavement, the
overall net increase in impervious surface within the 30-foot CAMA buffer is 3,006 SF.
Figure S. Location of Geotechnical Soil Samples (Terracon Consultants, Inc. 2022).
26 Project Impacts
kM

Town of Duck Living Shoreline and NC 12 Resiliency Project Permit Support Document
i I
The summary if impervious surface impacts within regulated shoreline buffer zones is
IJO V 0 0 20i7. provided in the Table 2 below.
Table 2. Summary of Impervious Area and Shoreline Buffer Impacts
Existing
Proposed
Land Use Cover
Impervious (SF)
Impervious (SF)
Road Pavement
Total
59,660
60,260
Within 30' Buffer
4,188
3,641
Between 30' Buffer and
27,293
26,852
Within AEC 75'foot
Buffer
Sidewalk Eastern Side
Total
7,671
7,671 (Built)
Within 30' Buffer
0
0
Within AEC 75-Foot
3,064
3,064 (Built)
Buffer
Sidewalk Western
Total
0
5291
Side
Within 30' Buffer
-Buffer
0
3,553
Between 30 and
0
1,727
Within AEC 75' Buffer
Total within 30' Buffer
--
7,194
Total Between 30'
31643
Buffer and Within
2!1
AEC 75' Buffer
Construction Methodologies
VHB has submitted a full set of construction plans to the INC DOT. A full set of
construction drawings has been submitted to INC DEC. Details of the road construction
sequencing are provided on Sheets 4 through 14 of the construction plans. The work will
involve short sections of the roadway and revetment in phases starting most likely at the
north end of the project area and terminating at the southern end, but that is subject to
change. One traffic lane will remain open at all times. Traffic will be directed by flaggers
at each end of the construction zone. No detours are available. The work will be
scheduled during the fall/winter months when traffic congestion caused by vacationers is
at the lowest time of the year.
The roadway and sidewalk construction will be performed using typical roadway
construction techniques (excavators, dump trucks, concrete trucks, mechanical asphalt
paver, etc.). The revetment will be installed via a backhoe from the landward side used to
lift the stones from the dump trucks and placing them at the proper location.
Once the roadway and sidewalk are completed, the contractor will begin work on the
living shoreline. The vinyl sills and wooden piles will be installed using either an impact
driver or vibratory hammer. This equipment will access the sill/pile locations using mats
placed in the water because the water is too shallow to use floating access such as a
barge.
A backhoe will be positioned on the top of bank of the shoreline to place the sand fill for
the marsh restoration. Sand that is mined from a permitted local source will be hauled to
27 Project Impacts
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Town of Duck Living Shoreline and NC 12 Resiliency Project Permit Support Document
the site via dump trucks. The sand will be removed from the dump trucks with the
NOV 0 9 2022 backhoe, placed in the restoration areas, and leveled to the proper elevation. The depth
of the sand will vary between 0.6 to 1.3 feet as needed to reach a target elevation of 0.0
to +0.2 feet NAVD88.Once the sand is in place, the marsh plants will be installed using
nursery stock plugs at 1-foot centers. The timing of the work will be during the winter
fall/winter months best for planting the wetland plants and during the time of year when
traffic is the least.
Stormwater runoff will be collected from the roadway and conveyed to a stormwater
underground chamber system located just north of Olde Duck Road. See Sheets 29 and
32 of the construction plans. Furthermore, runoff from the sidewalk will be routed to the
landward side of the sidewalk and into a stormwater infiltration trench.
11FOE ED
28 Project Impacts
NOV 2 9 'G22
OCAM-MHD CITY

` -Vhb,
NOV 0 9 2022
Avoidance, Minimization, Mitigation
State and federal rules require applicants to first avoid and minimize impacts, followed by
replacement of impacted wetlands. The two elements of the project resulting in impacts
(revetment and living shoreline) will have differing functions that warrant separate discussion
in this section.
The proposed revetment is a necessary component of the project to protect the existing
utilities, the new sidewalk, bike path, and road infrastructure from wave damage.
Transportation engineers must adhere to the American Association of State Highway and
Transportation Officials (AASHTO) safety guidelines and space requirements for the roadway
width, bike path, stormwater treatment infiltration swale, and sidewalk..... all within the
confines of the existing public right-of-way. Impacts to wetlands will be minimized by
placing the revetment as close to the new sidewalk as possible. To meet the design height
requirement of the revetment (elevation +5.7 feet) and comply with NCDEQ state guidelines
for a 1.5 to 1 revetment slope, the revetment must have a width that requires encroachment
into the landward edge of various federally jurisdictional systems to include reed grass
emergent, rocky shore, and sandy bottom habitats causing permanent impacts. Those
impacts cannot be avoided where the wetlands are but a few feet from the road pavement.
Impacts will be limited only to those areas needed to get the revetment installed at the
proper dimensions. To minimize losses to aquatic habitats, the toe of the revetment
extending into the estuarine system will be buried, backfilled with sand just below the
normal water elevation, and planted with wetland vegetation resulting in temporary impacts.
Some sections of the existing revetment below the water line will he removed and replaced
with the new, more robust revetment resulting in no change in habitat.
The living shoreline element of the project is designed for the purpose of estuarine
emergent (E2EM) restoration and marsh protection. The placement of the vinyl sill along the
waterward edge of the existing marsh and the restored marsh cannot be avoided if the living
shoreline is to experience successful establishment. All efforts have been made to avoid
impacts to SAV by placing the sill between the SAV and persistent marsh vegetation and
along the landward edge of the SAV as mapped by a wetland scientist. The sill will
beneficially serve to protect the shoreline from further losses in marsh habitat.
The living shoreline design will also include the restoration of 8,452 square feet of estuarine
marsh habitat by removing the existing stone revetment below the NWL and backfilling
those areas along with small sections of open water areas with sand as a soil medium for
planting marsh vegetation. In addition, 710 square feet of existing uplands will be converted
RECEIVED
30 Avoidance, Minimization, Mitigation
INQV 2 9 21"j22
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Town of Duck Living Shoreline and NC 12 Resiliency Project Permit Support Document
to marsh habitat. These habitat improvements will serve to off -set permanent impacts
amounting to 1,100 square feet of federally regulated scrub -shrub, reed grass marsh, and
existing sand bottom habitats. Regulatory staff have suggested that the placement of sand
fill is not needed because sand will naturally accumulate on the landward side of the sill. As
previously mentioned in Chapter 4, a shoreline protection project that relies on the natural
deposition and even distribution of sand is an invitation to inconsistent and uncontrolled
submerged bottom elevations not necessarily conducive to native marsh establishment.
Areas would remain either too deep for native marsh plants to occupy, or too much
deposition could occur resulting in areas being a perfect environment for invasive reed grass
to take hold and dominate. For the living shoreline to be successful, the Town's much -
experienced consulting team of marine biologists and shoreline engineers believes that the
system must be manually controlled by adding sand fill to the submerged bottom to bring
the elevation of the submerged bottom to the exact elevation for marsh establishment, and
marsh plants must be installed to quickly dominate the site and outcompete unwanted
invasive species. Therefore, the consulting team believes that this temporary impact is a
necessity for the success of the restoration effort. The placement of sand will only occur in
spot areas void of vegetation and volume of sand fill will be only that amount which is
required to establish the proper elevation.
HOV 0 9 N7.7.
RECEIVED
NOV 2 9 2C22
31 Avoidance, Minimization, Mitigation
DCM-MHD CITY

r
7 NOV u l) Wz
Conclusions
The Town of Duck proposes alterations to a 1,335-foot section of NC 12 that runs
immediately adjacent to the Currituck Sound shoreline. The work is required to provide
public safety for pedestrians; reduce the frequency of NC 12 becoming inundated by storm
events and the potential of excessive erosion and complete washout; and restoring wetlands
and protecting a vulnerable shoreline subject to loss of marsh vegetation. These alterations
include:
1) Raising the elevation of the roadbed by approximately 3 feet to reduce the frequency of
storm flooding.
2) Installing a new sidewalk off the main road for public transportation safety.
3) Replacing an inadequate revetment that currently lines the shoreline to provide
protection of road/sidewalk/utility infrastructure.
4) Restore vegetated marsh in the Currituck Sound using living shoreline design concepts
to provide coastal resiliency in the face of climate change and sea level rise.
There will be no impacts to wetlands or waters related to the improvements to the road and
installation of the new sidewalk. However, because the new revetment will be situated at a
higher elevation to match the raised roadbed and sidewalk, the resulting sideslope will
slightly encroach into the adjacent wetlands that cannot be avoided. No impacts to coastal
wetlands will occur for the replacement of the revetment, although fill for the revetment into
open water habitat will be necessary amounting to 413 SF. Impacts to Waters of the US
occupied by Phragmites australis will be 793 SF; impacts to scrub -shrub wetlands will be 47
SF; fill in open water habitat will amount to 260 SF; and 1,992 SF of existing federally
jurisdictional rocky shore will be removed and replaced with a new revetment.
The living shoreline element of the project involves the restoration of vegetated marsh in
areas where no vegetation exists totaling 8,452 SF feet and upland conversion of 710 SF.
Sand fill will be placed in the open water habitat areas to bring the bottom elevation to near
+0.2 feet NAVD88 which is a common elevation found in existing black needle rush marsh
reference wetlands. Black needle rush will be planted at 1-foot spacing tojump start the
living shoreline for fast marsh establishment. Vertical sills constructed of vinyl and reinforced
with treated piles and beams will be placed along the waterward edge of the existing and
newly restored marsh to add protection to the marsh habitat from wave fetch.
Rpf;FfVED
32 Conclusions
NOV 2 9 2U?
DCNI-MHD CITY

Town of Duck Living Shoreline and NC 12 Resiliency Project Permit Support Document
A scoping meeting was held at which DWR was present. The date of the scoping meeting was March
11, 2020 and this project was discussed. This meeting met the requirement for requesting a pre -filing
meeting under 40 CFR Part 121 for 401 Certifications in accordance with the federal Clean Water Act.
The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action on this
CWA 401 certification request within the applicable reasonable period of time.
Nov 0 9 2027
1.. "'%
RECEIVED
33 Conclusions
NOV 2 9 202?
DCsM—MHD CITY

hb.
110V 0 9 2022
References
Cowardin, L. M., V. Carter, F. C. Golet, E. T. LaRoe
1979 Classification of Wetlands and Deepwater Habitats of the United States. U. S.
Department of the Interior, Fish and Wildlife Service, Washington, D.C.
Currituck County Department of Travel and Tourism
2016 2016-2017 Marketing Plan.
Dahl, T.E.
2006Status and Trends of Wetlands in the Conterminous United States 7998 to 2004. U.S.
Department of the Interior, Fish and Wildlife Service, Washington, D.C.112 pp.
Duck Fire Department
2017 Town of Duck Fire Department General Website (accessed at www.duckfire.org)
Gittman, R. K., S. B. Scyphers, C. S. smith, I. P. Neylan, and J. H. Grabowski
2016a Ecological consequences of shoreline hardening: A meta -analysis. Bioscience 66:
763-733.
Gittman, R. K., C. H. Peterson, C. A. Currin, F. J. Fodrie, M. F. Piehler, and J. F. Bruno
2016b Living shorelines can enhance the nursery role of threatened estuarine habitats.
Ecological Applications, 26(1), pp. 249-263.
N.C. State Historic Preservation Office
2021 GIS Maps and Data (accessed at https://www.ncdcr.gov/about/history/division-
historical-resou rces/gis-maps-and-data).
Radford, A. E., H. E. Ahles, and C. R. Bell
1968 Manual of the Vascular Flora of the Carolinas. University of North Carolina Press,
Chapel Hill, North Carolina.
RECENF-1)
34 References
i�(IV 2 9 2022
CCM-MHD GITY

Town of Duck Living Shoreline and NC 12 Resiliency Project Permit Support Document
U. S. Army Corps of Engineers (USACE)
2010a Currituck Sound Ecosystem Restoration Feasibility Study. Interagency Briefing:
Read -Ahead Materials, September 29, 2010.
2010 Regional Supplement to the Corps of Engineers Wetland Delineation Manual:
Atlantic and Gulf Coastal Plain Region (Version 2.0). Wetland Regulatory
Assistance Program.
U. S. Department of Agriculture, Natural Resources Conservation Service INKS)
2012 Web Soil Survey website. Available at http://websoilsurvey.nres.usda.gov/.
Accessed March 15, 2021.
U.S. Fish and Wildlife Service (USFWS)
2021 National Wetland Inventory website. U.S. Department of the Interior, Fish and
Wildlife Service, Washington D.C. Available at http://www.fws.gov/wetlands/
VHB Engineering NC, P.C.
2014 Town of Duck Comprehensive Pedestrian Plan. Town of Duck, North Carolina.
Weakley, A. S.
2012 flora of the Carolinas, Virginia, Georgia, and Surrounding Areas. University of
North Carolina Herbarium, University of North Carolina, Chapel Hill, North
Carolina.
NOV 0 9 2022
35 References
r
VleM- Vl ) CITY