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HomeMy WebLinkAboutNCDOT 24-03 Minor Mod Hwy 12 NC 2JAN. -23' 04 01) 09 32 DEHNR COSTAL MGMT TEL 919 733 1495 P,002 Permit Class MODIFICATION/1VIINOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission J)trmt't for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 — Excavation and/or filling pursuant to NCGS 113-229 Permit Number 24.03 Issued to N.C. Department of Transportation,113 Airport Drive, Edenton, NC 27932 Authorizing development in Hyde County at adj. Atlantic Ocean. highway NC 12, Ocracoke Island as requested in the permittee's application dated 12/29/03, including the attached workplan drawings (3): 1 dated as received on 12/31/03:_ and 2 dated as 1/20/04. This permit, issued on t iaama , 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 oe suolect to Imes, imprisonment or civn tutlon: or may cause the permit to be null and void. 1) This minor modification authorizes the construction of primary dunes along NC Highway 12 on Ocracoke Island, in accordance with the attached workplan drawings. 2) All work shall be conducted above (landward) of mean high water. 3) Within 30 days of receiving this permit modification, the permittee shall submit planview workplan drawings to DCM for the entire work area depicting the following information: mean high water: the roadway location including edge of pavement, centerline and right of way; and the location of the dune that is authorized by this minor modification. NOTE: According to the petmittee, the proposed work will involve approximately 350,000 cubic yards of sand. (See attached sheets for Additional Permit Conditions) t tits permit action may oe eppealea by the permntee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires an December 31, 2006 In issuing this permit, the state of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coasml Resources Commission. 4,e,�; ChaKes S. Jones, Acting Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee JAN,-23'04(FR1) 09:32 DEHNR COSTAL MGMT TEL:919 733 1495 P.003 N.C. Department of Transportation Permit #24.03 Page 2 of 3 ADDITIONAL CONDITIONS NOTE; The permittee is strongly encouraged to expedite efforts to develop and implement a long-term solution to the maintenance and protection of NC Highway 12 along Ocracoke Island in coordination with the Outer Banks Task Force. 4) In order to protect sea turtle and piping plover populations, no work shall be conducted during the sea turtle and piping plover breeding season from April I" to November 151' of any year without first obtaining approval from ACM in consultation with the National Park Service (NPS) and the NC Wildlife Resources Commission (WRC). 5) If work must be conducted outside of the authorized area, additional authorization from the N.C. Division of Coastal Management (DCM) will be required, either through permit modification or a new CAMA major permit as deemed appropriate by DCM. 6) Nothing in this permit authorizes any activity that has not received approval from the National Park Service (NPS) for work within the Cape Hatteras National Seashore. 7) No wetlands shall be excavated, filled, or directly impacted in any way. 8) The permittee shall obtain approval from DCM. in consultation with NPS, on the compatibility of any fill material used for this project, including dredge spoil, other than overwashed and overblown sands within the NC Highway 12 Right -of -Way adjacent to the work area. 9) All material used for dune reconstruction shall be sand that is clean and free of any pollutants, except in trace quantities. 10) All sands used for dune reconstruction must be of the same general characteristics as the sand in the existing dunes and ocean beach where it is to be placed. The sand used to construct the dune must be compatible with the existing sand's color and grain size. 11) The dunes being reconstructed shall be stabilized with appropriate vegetation as quickly as is feasible. The planting shall be done in a manner acceptable to DCM and NPS. If the vegetation is not successful, then replanting of the dune may be required within one year of notification by ACM and/or NPS. intenance Clause 12) ACM shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained. D. The date of map revision and the permittee's signature shown anew on the original plan. E. A description of the amount of sand to be used for dune maintenance in cubic yard-., and The source of this sand. JAN.-23'04(FR1) 09:33 OEHNR COSTAL MGMT TEL:919 733 1495 P.004 <J N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #24-03 Page 3 of 3 13) This minor modification must be attached to the original of Permit No. 24-03, which was issued on 2/19/03, as well as the minor modification that was issued on 11/6/03, and all documents must be readily available on site when a Division representative inspects the project for compliance, 14) All conditions and stipulations of the active permit remain in force under this minor modification unless altered hcrein. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary O May 14,2004 � u 7Z MAY 1 7 2004 Clay Willis Division Environmental Officer Morehead City DCM NC Department of Transportation, Division One 113 Airport Drive Edenton, NC 27932 RE: Refinement of CAMA Major Development Permit No. 24-03 for dune maintenance along NC Highway 12 on Ocracoke Island, Hyde County. Dear Mr. Willis: This is a Letter of Refinement for CAMA Major Permit No. 24-03. Based upon conversations between the N.C. Division of Coastal Management (DCM) and the N.C. Department of Transportation (NCDOT), Condition No. 3 of the minor modification that was issued on 1/23/04 is hereby amended as follows: 3) Within 30 days of receiving this permit modification, the permittee shall submit planview workplan drawings to DCM for the entire work area depicting the following information: the roadway location including edge of pavement, centerline and right of way; and the location of the dune that is authorized by this minor modification. Please be advised that through this Letter of Refinement, DCM conveys its determination that the above change to Condition No. 3 of the minor modification that was issued on 1/23/04 is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of CAMA Permit No. 24-03, with the following conditions: 1. Condition No. 3 of the minor modification that was issued on 1/23/04 requires that the required planview workplan drawings be submitted to DCM within 30 days of receiving the permit modification. The permittee shall submit this information to DCM promptly to ensure permit compliance. 2. When the planview workplan drawings are submitted, the permittee shall ensure that the workplan drawings accurately depict the full project length due to discrepancies in the estimated project length that were submitted in the permit modification request dated 12/29/03. 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: hftp://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper 3. This Letter of Refinement must be attached to the original of CAMA Permit No. 24- 03, which was issued on 2119/03, as well as the minor modifications issued on 1116/03 and 1/23/04, and all documents must be readily available on site when a DCM representative inspects the project for compliance. 4. All conditions and stipulations of the active permit remain in force unless altered herein. Please contact Cathy Brittingham at (919) 733-2293 x238 or Lynn Mathis at (252) 264-3901 if you have any questions or concerns. Sincerely, Doug Huggett Major Permits and Consistency Coordinator Cc: Lynn Mathis, DCM DCM-Morehead City STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT December 29, 2003 Division of Coastal Management 1367 U.S. 17 South Elizabeth City, NC 27909 Attention: Lynn Mathis SECRETARY The purpose of this letter is to request a modification to Major Permit # 24-03 to CAMA emergency general permit for the reconstruction of primary dunes on Ocracoke Island that were destroyed by Hurricane Isabel on 09/18/03. The North Carolina Department of Transportation is proposing to reconstruct dunes in an attempt to stabilize a post storm dune line on the north end of Ocracoke Island. The general area of the proposed work begins 1.7 miles from the Ocracoke/ Hatteras. ferry dock and ends 6.5 miles south of the ferry dock. The reconstructing of the dune areas will involve the placement of sand in designated areas adjacent to the roadway in accordance with the provided permit drawings. These dunes will be, shaped to have a 3:1 slope on the backside and a 5:1 slope on the ocean side. The base width of the dune will be 90 feet. There will be a 10-foot shoulder between the edge of pavement and the backside toe of dune. This will result in a footprint area for the shoulder and the dune of 100 feet from the edge of pavement. Based on a jurisdictional call made by the Corp of Engineers the dune footprint of 100 feet from the edge of pavement can be constructed without a Corp of Engineer permit. This is because the Mean High Water mark recognized by the Corp of Engineers was determined to be more than 100 feet oceanward from the edge of NC 12 pavement, thus allowing NCDOT to work within that zone without acquiring a COE permit. Disturbance to existing vegetated dunes will be minimized to the maximum extent possible. The newly constructed dunes will be tied into existing dune on either side, so the dune is continuous. Sprigging _. of the rebuilt dunes wilf take place after the' dune reconstruction is fitushed or during the most productive time to plant. Thismill be done with 80 % American beach grass and 20% sea oats. A general work plat has been included with this letter to show a typical of the dune structure. Sand used to build the dunes will come from the ferry dredge spoil site located on the north end of Ocracoke. This dredge site has been used in the past for dune construction on Ocracoke Island. Consultation with the National Park Service and the Division of Coastal Aanagement will be taken during the life of the project. In order to prevent any detrimental effects on protected animals that use the ocean shoreline, this work will be done in consultation with the U.S.F.W.S. and the N.P.S. If any additional information is needed, please call Clay Willis at 252- 482-5889. 113 Airport Dr., Suite 100, Edenton, NC 27932 — Phone: (252) 482-7977 Fax: (252) 482-8722 r CC: Cathy Brittingham, DCM Bill Arrington, DCM Terry Moore, DCM Bill Biddlecome, COE Steve Harrison, NPS Gary Jordan, USFWS Travis Wilson, NCWRC John Hennessy, DWQ Mike Thomas, DWQ Don Conner, NCDOT Gretchen Byrum, NCDOT Allen Russell, NCDOT Roy Shelton, NCDOT v4 Sincerely, Don Conner Division One Engineer � �� Clay s Division One Environmental Officer 113 Airport Dr., Suite 100, Edenton, NC 27932 —Phone: (252) 482-7977 Fax: (252) 48278722 Hurricane Isabel Dune Reconstruction S o U N 9 G � LS Y � � t.wn waa _ . x (u Mdal!L � N O.M C. 0Y C�K m 1 m,rt K F. Area covers under permit 24-03 Area to be covered under permit modifiction to 24-03 i I I N i W E S 0 0.5 1 2 Miles I 1 1 1 I I 1 1 I a I ,Pl j �Y M1 l{f/r 1, s f / I b q' I t H+ e x, t t �a r, Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name-N. C..Department of Transportation. Address 113 Airport Road City Edenton State N.C. Zip 27932 Day Phone (252) 482-7977 Fax (252) 482-8722 b. Authorized Agent: b. City, town, community or landmark Ocracoke c. Street address or secondary road number NC 12 d. Is proposed work within city limits or planning jurisdiction? -Yes -X No' e. Name of body of water nearest project (e.g. river, creek, sound, bay) Atlantic Ocean , Pamlico Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Name Clay Willis, Environmental Officer a. List all development activities you propose (e.g. building a home, motel, marina; bulkhead, pier, and excavation and/or filling activities. Address 113 Airport Road Primary Dune:Reconstruction' City Edenton State N.C. b. Is the proposed activity maintenance of an existing Zip 27932 Day Phone (252) 482-7977 project, new work, or both? both c. Will the project be for . public, private or Fax (252) 482-8722 commercial use? public d.� Give a bhef�description of purpose, use, methods of c. Project name (if any) construction and . daily operations of proposed Ocracoke Dune Reconstruction project. If more. space is needed, please attach additional pages. Rebuild .primary, dune:' line on NOTE: Permit will be issued in"name of landowner(s), Ocracoke Island from 1T-4ales south- 'of the andlorproject name. Hatteras ferry to appro.6 miles soutk`of 2. LOCATION OF PROPOSED PROJECT a. County Hyde washing out during storm events ,Mi4 mork will be accomplished by hauling sand hi and placing it Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 5.5 miles long by 140 feet wide b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL 2-6 feet d. Soil type(s) and texture(s) of tract CrB (Corolla) sand, BeE (Beaches) sand e.. Vegetation on tract sparse beachgrass,.penny wort, seashore elder, sea oats, and cedars . f. Man-made features now on tract NC 12 and current dune line g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) X Conservation _ Transitional Developed Community Rural X Other h. How is the tract zoned by local government? Park Service Property, NCDOT right-of-way Is the proposed project consistent with the applicable zoning? X Yes _ No (Attach zoning compliancecertfficate, if applicable) j. Has a professional archaeological assessment been done for the tract? _ Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes —No Coastal (marsh) Other ' If yes, has a delineation been conducted? No (Attach documentation, if available) m. Describe existing wastewater treatment facilities. None n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) surface runoff from NC 12 o. Describe existing drinking water supply source. None 5. ADDITIONAL INFORMATION In addition to • the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written.perm fission from the owner to carry out the project. ' • An accurate, dated work plat (including pIan view and cross -sectional drawings) drawn to scale in black ink on an 8 I/T' by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies willbe accepted -,.Blue -line prints or other larger plats are acceptable .only if an adequate number of quality copies are ' provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's' use of larger drawings.) A site or location map is a part of plate requirements and it must be` sufficiently, detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. •A Stormwater Certification, if one is necessary. . •A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners Form DCM-MP-1 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name National Park Service Property Address 1401 National Park Drive, Manteo N.C. 27954 Phone Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Permit 135-93 issued 1993, Permit modification to 135-93 issued 1999. Cama major permit 24-03, Cama modification to 24-03 • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with' the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of .my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the SO bey of A?ce,%&r 2003. Print Name Clay Willis Signature /.fA.. Zf�� Lando rAuthorizedAgent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE Please sign'and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all .other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length width Depth Depth s 5 2", Y See attached sheet 1. EXCAVATION N/A a. Amount of material- to - be excavated from below MHW or NWL in cubic yards None b. Type of material to be excavated None c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes No N/A d. High ground excavation in cubic yards None 2. DISPOSAL OF EXCAVATED MATERIAL N/A (See Attachment), a. Location of disposal area N/A a: b. Dimensions of disposal area N/A c. Do you claim title to disposal area? N/A Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes -_ No N/A If yes, where? Revised o3/9s Fbrm DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? N/A Yes No f. Does the disposal include any area in the water? N/A Yes _ No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Sand Dune Bulkhead Riprap b. Length. approximately 4.4 miles c. Average distance waterward of MHW or NWL project will not go waterward of the MHW or NWL d. Maximum distance waterward of MHW or NWL project will not go waterward of the MHW or NWL e. Shoreline erosion during preceding 12 months Dune washed out during Hurricane Isabel (Source of information) f. Type of bulkhead or riprap material primary sand dune g. Amount of fill in cubic yards to be placed below water level None (1) Ripmp (2) Bulkhead backfill h. Type -'of fill material sand from the ferry dredge spoil site on the north end of Ocracoke Island' i. Source of fill material sand from Hatteras Inlet ferry dredge spoil site on Ocracoke Island 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No If yes, (1) Amount of material to be placed in the water N/A (2) Dimensions of fill area N/A (3) Purpose of fill N/A b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? _ Yes X- No If yes, (1) Dimensions of fill area N/A (2) Purpose of fill N/A off C70 TOM M. a. How will excavated or fill material be kept on site and erosion controlled? NCDOT's Best Management Practices : for soil and. erosion control b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Bulldozers, Frontend Loaders, Dump trucks c', Will wetlands be crossed in transporting equipment to'project site?:._ Yes X ..No If yes, explain steps that will be taken to lessen environmental impacts. Clay Willis, Environmental Officer A licant o jed Name Date Revised 03/95 1 ;,,,y6 , 10 �t Ho';.4a Scw�e. = ao fr. a OCT 17 2003 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY October 3, 2003 Division of Coastal Management 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 Attention: Bill Arrington The purpose of this letter is to request a modification to Major Permit # 24-03 to CAMA emergency general permit for the reconstruction of primary dunes and portions NC 12 that were destroyed by Hurricane Isabel. The North Carolina Department of Transportation is proposing to reconstruct dunes in an attempt to stabilize a post storm dune line on the North end of Ocracoke Island. The current state of the eroded dunes is the result of Hurricane Isabel that impacted the coast on 09/18/03. The general area of the proposed work begins 1.7 miles from the Ocracoke/ Hatteras ferry dock and ends 6.5 miles south of the ferry dock. The reconstructing of the dune areas will involve the placement of approved sand in designated areas adjacent to the roadway. This sand will be shaped in coordination with the permit drawings that are provided and as was discussed in an on -site meeting between the Division of Coastal Management (DCM), Corp of Engineers, National Park Service and NCDOT representatives on September 29, 2003. There will be no disturbance of existing vegetated dunes. The newly constructed dunes will be at the same height of the existing dune on either side and tied in so the dune is continuous. Sprigging of the rebuilt dunes will take place after the dune reconstruction is finished or during the most productive time to plant. This will be done with 80 % American beach grass and 20% sea oats. A general work plat has been included with this letter to show a typical of the dune structure. Sand used to build the dunes will come from the overwashed sand on -site and the dredge spoil site located on the north end of Ocracoke. This dredge site has been used in the past and has been approved for dune construction on Ocracoke Island. Consultation with the National Park Service and the Division of Coastal Management will be taken during the life of the project. In order to prevent any detrimental effects on protected animals that use the ocean shoreline, this work will be done in consultation with the U.S.F.W.S. and the N.P.S. If any additional information is needed, please call Clay Willis at 252-482-5889. Sincerely, Don Conner Division One Engineer Clay W Division One Environmental Officer 113 Airport Dr., Suite 100, Edenton, NC 27932 — Phone: (252) 482-7977 Fax: (252) 482-8722 NAT• PARK SERVICE Fax:252-473-2595 Oct 14 '03 12:15 P.02 2T \\1( N :a IN REPLY RFFCW TO. UNITED STATES DEPARTMENT OIr THE INTERIOR NATIONAL PARK SERVICE OUTER BANKS GROUP For Raleigh National Historic Site Wright Brothers National Memorial Cape Hatteras National Seashore N1621 (CAHA) October 14, 2003 Mr. Garland Pardue U.S. Fish and Nyildlife Service Ecological Field Station PO Box 33726 Raleigh, North Carolina 27636 Dear Mr. Pardue: t401 National Park Drive Manteo, North Carolina 27954 With the changed Outer Banks landscape resulting from Hurricane Isabel, there has been interest from various agencies on the status of sea turtle -nests on the beaches of Cape Hatteras National Seashore. Among the destruction caused by the storm was the loss of all retraining turtle nests throughout the length of the seashore. We have surveyed all safely accessible beaches in the park and have not found a single nest. The stomfs dramatic affects on the beaches lead us to believe that no nests survived the storm. In addition, storm events beginning September 1 caused beach erosion and documented loss of nests prior to the arrival of Hurricane Isabel. Although we patrol the beaches each morning during nesting season to look for crawls, there are a few instances over the years in which we have failed to locate a fresh nest. That remains a remote possibility. Again, even if we had missed finding the nest, it is unlikely it would have survived the storm. If you have any questions, please contact Steve Harrison, Chief of Resource Management at 252-473-2111, extension 159. Sincerely, Lawrence A. Belli Superintendent Outer .banks Group MAT- PARK SERVICE Fax:252-473-2595 Oct 14 '03 12:15 P.03 Cc: Clay Willis, NC Department of Transportation Bill Biddlecome, U.S_ Army Corps of Engineers David Franklin, U.S. Army Corps of Engineers Matthew Godfrey, State Turtle Biologist SDHarrison:mfr Hurricane Isabel Dune Reconstruction �v r yo c 0 I 1` � y Y P \ LC a Area covered under permit 24-03 i I . r T Area to be covered under permit modification to 24-03 N WE S 0 0.5 1 2 Miles I 1 I I I I I I C K,W Cmk Itl..d CO41 y C�3 S Pe Q'JO iM e K � O P G G � O. 0` ph 6 Kno{I 4 G� f There are three road washout areas that total to equal 9/10 of a mile of road washout that will be repaired within project area. The repairs will be on existing alignment. (trwdi IJrvid n�. P Project Boundaries for dune reconstructionand andfoad replacement project, approximately 5 miles. i1 0 It, f `� -4nk, )S aL mar+ r Q 5 -2\NOS?J 21 ?N -2�o� ll �u Yx.aiav uV 57n LZT.,, o,ot�2Z of fA/b ,SL III f-0/62/6 CWN1-3� ali a- ac+vs "%srs -Wss t yvu :Y7 -sA5r07 CLL -dwaat _.++ewarvd Fill associated with the Dune Construction on Ocracoke Island after Hurricane Isabel Site 1-9 are identified in Major permit #24-03 Rita 1 a ic the new washout area that the dune will be rebuilt adiacent to the road Site Begimung Ending Total Site Length Total Disturbed Area 1 1.73 miles 1.97 miles 1267 feet 0 2 2.03 miles 2.11 miles 422 feet 25320 s . ft. 0.58 acres 3 2.15 miles 2.16 miles 52 feet 0 4 2.24 miles 2.38 miles 739 feet 44340 s . ft. 1.02 acres 5 2.51 miles 2.52 miles 79 feet 5530 s . ft. 0.13 acres 6 2.59 miles 2.67 miles 422 feet 29540 s . ft. 0.68 acres 7 2.76 miles 2.89 miles 686 feet 48020 s . ft. 1.10 acres 8 3.46 miles 3.46 miles 15 feet 600 s . ft. 0.01 acres 9 3.71 miles 3.71 miles 15 feet 600 s . ft. 0.01 acres ��10-1 3.71 miles 6.1 miles 12626 feet 505040 s . ft 11.5 acres i t m t � k t� • Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name N. C. Department of Transportation Address 113 Airport Road City Edenton State N.C. Zip 27932 Day Phone (252) 482-7977 Fax (252)482-8722 b. Authorized Agent: Name Clay Willis. Environmental Officer Address 113 Airport Road City Edenton State N.C. Zip 27932 Day Phone (252) 482-7977 Fax (252)482-8722 c. Project name (if any) Isabel Ocracoke Dune Work ;*.({YI'E: Pemdt wldf be issued in name of /andowner(s), andiff project prune. 2. LOCATION OF PROPOSED PROJECT a. County Hyde b. City, town, community or landmark Ocracoke Island c. Street address or secondary road number NC 12 d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Alantic Ocean/Pamlico Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Rebuild Primary Dune line on Ocracoke Island from 1.7 miles south of the Hatteras ferry to approximately 6 miles south of the Hatteras ferry near the pony pens. Rebuild portions of the road within this area that washed out during the storm. Total area washed out is approximately 9/10 of a mile. b. Is the proposed activity maintenance of an existing project, new work, or both? both c. Will the project be for public, private or commercial use? _ public d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. _ Purpose of project is to construct a sand dune that will protect NC 12 during high water events on Ocracoke Island. This will be done by Revised 03/95 Form DCM-MP-1 means of dump trucks hauling sand that will be placed adiacent to the road. The sand will then be shaped by bulldozers to the profile that has been provide in the work plat. 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 5.5 miles long by 150 feet wide b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL d. Soil type(s) and texture(s) of tract Beaches sand e. Vegetation on tract beach gas ss, penny wart, sea elder, and sea oats f. Man-made features now on tract NC 12 g. What is the CAMA Land Use Plan land classification of the site? (Caasuk the lamlland use plan.) X Conservation— Transitional Developed Community Rural Other b. How is the tract zoned by local government? Federal Land Conservation i. Is the proposed project consistent with the applicable zoning? X Yes No (Attachz dvcantp&un certliita4ifappGmb(e) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes —No Coastal (marsh) _ Other If yes, has a delineation been conducted? No (Attach dawmentatiaa, if available) m. Describe existing wastewater treatment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) surface runoff from NC 12 o. Describe existing drinking water supply source. None 5. ADDITIONAL INFORMATION hi addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it Form DCM-MP-1 I must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. *A Stormwater Certification, if one is necessary. *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. Upon signing this form, the applicant finther certifies that such notice has been provided. Name National Park Service Property Address f401 National Park Drive, Manteo N. 27954 Phone Name Address ' Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Cama major permit 24-03 • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S.113A -1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 13 day of Oct. , 2003. Print Name Clay Willis Signature141 Landoumez&Audwnwd,Vmt Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development _ DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel *w) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length Width Depth Depth See attached sheet 1. EXCAVATION N/A a. Amount of material to be excavated from below MHW or NWL in cubic yards None b. Type of material to be excavated None c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No N/A d. High ground excavation in cubic yards clear road shoulder for a distance of approximately 4 miles to a width of 15- 40 feet to establish vrestorm shoulder, and recover sand for dune reconstruction. This will epual approximately 45,000 cubic yards of material. 2. DISPOSAL OF EXCAVATED MATERIAL N/A (See Attachment) a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes —No If no, attach a letter granting permission from the owner. [! Will a disposal maintenance? _ If yes, where? area be available for future Yes _ No Revised 03195 Form DCM-MP-2 EXCAVATION AND FILL (]Except bridges and culverts) e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? N/A Yes —No f. Does the disposal include any area in the water? N/A Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Sand Dune Bulkhead Riprap b. Length approximately 4 miles c. Average distance waterward of MHW or NWL oceanside toe of dune 100-150' landward of MHW d. Maximum distance waterward of MHW or NWL oceanside toe of dune 400' landward of MHW e. Shoreline erosion during preceding 12 months Dune washed out during Hurricane Isabel (Source of wfa natim) f. Type of bulkhead or riprap material sand dune g. Amount of fill in cubic yards to be placed below water level None (1) Riprap (2) Bulkhead backfill h. Type of fill material sand i. Source of fill material sand from Hatteras Inlet dredge spoil site and overwashed sand on NC12 and shoulder section 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes _ No If yes, (1) Amount of material to be placed in the water None (2) Dimensions of fill area N/A (3) Purpose of fill N/A b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No If yes, (1) Dimensions of fill area N/A (2) Purpose of fill N/A Revised 03/95 " Form DCM-MP-2 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? NCDOT's Best Management Practices for soil and erosion control b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Bulldozers, Frontend Loaders, Dump trucks c. Will wetlands be crossed in transporting equipment to project site? —Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Clay Willis, Environmental Officer Applicant or Project Name // Signature October 15, 2003 Date Revised 03/95 n•. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR Mr. Bill Biddlecome USACE Washington Regulatory Field Office Post Office Box 1000 Wilmington, NC 28402-1890 Dear Mr. Biddlecome: November 7, 2003 �L NOV 1 2 2003 LYNDO TIPPETT SECRETARY S� u� rt o,'sej 1i - /Kee - f� ioG r1 As you are aware, Hurricane Isabel did extensive damage to the beach, dunes, and NC 12 on the northern end of Ocracoke Island. The USACE has issued a General (Regional) Permit for protective dune reconstruction in this area. The permit drawings for this permit show a dune height of 6-10 feet with variable slopes. The typical section extends from the centerline of NC 12 out seventy-five (75) feet. Considering the pavement width and shoulder area, this allows a dune base width of approximately 55 feet. This size of the dune, which was originally requested by the North Carolina Department of Transportation (NCDOT), was based to a large degree on the amount of sand that could be recovered on Ocracoke to rebuild the dune. Currently the reconstruction of NC 12 has been completed with the exception of the asphalt pavement, which will be completed next spring. However, it has a bituminous surface treatment and can be opened to traffic now. The dunes, which have been built to date, are 4-6 feet in height and with a crest width of approximately 5 feet, but this has used all the available sand, including material from the spoil area at the ferry terminal. On October 27, 2003 Secretary Tippett signed the cost sharing agreement with the USACE for NCDOT as the local non-federal sponsor for the Dare County Beaches Study (Hatteras to Ocracoke). This study is the Long Range Study as originally developed by the Outer Banks Task Force but was funded as a USACE Water Resources Project. Considering the current conditions at Ocracoke, NCDOT recognizes the critical need to evaluate alternatives, develop and implement a long range solution and is committed to accomplishing this in an expedited manner. We have had initial discussions with your Project Planning Staff about expediting the Ocracoke area as initial phase of this study. We will be scheduling a meeting soon with the USACE to discuss a scope and time frame for completing the study for the Ocracoke area. However, until this study can be completed, NC 12 will have to be maintained. Since issuance of the permit, the conditions at Ocracoke have been reviewed in greater detail. A special on -site meeting of the Outer Banks Task Force (OBTF) was held on October 10 and the Ocracoke situation was discussed in detail at the OBTF meeting held in Williamston on October 28. Also, Dr. John Fisher and Dr. Margery Overton, who are members of the OBTF Science Panel, have visited the Ocracoke site. A copy of Dr. Fisher's recommendation is attached. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION CHIEF ENGINEER'S OFFICE 1537 MAIL SERVICE CENTER RALEIGH NC 27699-1537 TELEPHONE: 919-733-7621 FAX: 919-733-4141 WEBSITE: WWW.DOH.DOr.STATE.NC.US LOCATION: TRANSPORTATION BUILOING 1 SOUTH WILMINGTON STREET RALEIGH NC Mr. Bill Biddlecome November 7, 2003 Page 2 Based on these additional reviews, discussions and evaluations, NCOOT believes that the dune size needs to be increased to provide adequate protection for NC 12. Based on Coastal Resource Commission rules and CAMA legislation, NC 12, after reconstruction, is considered an imminently threatened structure since site conditions are characterized by a flat beach profile and accelerated erosion. Also, FEMA's standard for V-zone mapping requires that a dune have a minimum frontal dune cross sectional area of 540 square feet to be considered substantial enough to withstand erosion during a base flood event. We are requesting that the General (Regional) Permit be modified to allow a dune 10 feet in height above the grade of NC 12, a crest width of 10 feet, 3:1 slopes on the roadway side, and 5:1 slopes on the ocean side. This dune section provides a base width of approximately 90 feet. A 10 foot shoulder is needed between the edge of pavement and base of the dune. This requested dune size is very similar to the one being constructed at the Hatteras Breech site. Also, with regard to FEMA criteria, it provides 500 square feet of dune cross sectional area. The crest width of 10 feet is needed for construction purposes and to provide additional dune mass for protection. This proposed section would extend for approximately six miles, but the permit modification is only needed for areas where the section would extend into the jurisdictional waters area as determined by the USACE. As part of the on -going study for Interim Improvements at the Ocracoke "hot spot", NCDOT's consultant has completed a vulnerability analysis (Vulnerability Analysis of NC 12 Ocracoke Island Hot Spot — Draft Report dated May 2003) prior to Hurricane Isabel. The purpose of the analysis was to determine where the roadway system would be subject to increased maintenance and damage. An approximate 2.3 mile section, which starts 1.25 miles south of the ferry terminal, was identified as currently vulnerable or likely to become vulnerable. Within this section, the average dune height was approximately 10 feet above the roadway grade, the average dune width was approximately 140 feet, and the average distance from NC 12 to mean high tide was approximately 275 feet. Within this 2.3 mile section, there was one pre -storm segment of approximately 1500 feet in length which was estimated to be vulnerable to as little as a five year storm event. Dunes in this area were less than 10 feet in height with an average base width of approximately 90 feet. The average distance from the roadway to mean high tide was approximately 210 feet. This is the area where NC 12 on Ocracoke suffered the most extensive damage during Hurricane Isabel. A copy of the vulnerability analysis is available for your review if desired. The post - Isabel conditions, with the loss of the dunes and a narrowed beach, make NC 12 even more vulnerable and for a segment length of approximately 4,000 feet. The 4,000-foot segment, which is most vulnerable, has little or no foreshore or beach face. Absence of well established foreshore allows greater wave energy and erosive force to be transmitted onto the beach. Reconstruction of a dune at this location without sufficient beach profile is viewed as a temporary action to protect NC 12 independent of dune size, shape, or mass. A foreshore buttress of compatible sand should be placed seaward of the dune line. This will aid in the formation of an inner bar and necessary foreshore zone. It is NCDOT's position that, without the foreshore buttress there is no available means of providing protection for dune integrity at this location. If the foreshore buttress is not provided, the General (Regional) Permit should include provision for future repairs and/or reconstruction to the permitted cross section. During the past month, more consideration has been given to possible sources of sand material to rebuild the dune to a size that will more adequately protect the roadway. Presently, we are Mr. Bill Biddlecome November 7, 2003 Page 3 planning on using sand material that will be dredged by the Ferry Division from the ferry channels in Hatteras Inlet and stockpiled at the existing spoil site near the ferry terminal. The sand will be hauled by truck to the berm site along NC 12. Use of off -road trucks along the beach is proposed. Thank you in advance for your prompt consideration of this request as time is of the essence. The berm reconstruction will need to be completed during winter months and prior to the turtle - nesting season. If you have any questions, please contact Don Conner or Jerry Jennings at 252-482-7977, Roy Shelton at 919-733-7844, Ext. 293 or Dave Henderson at 919-250-4100. S' rely, S. Varnedoe, P. . Chief Engineer — Operations Enclosure cc: Secretary Lyndo Tippett Caitlin Hughes, Federal Programs Coordinator L. A. Sanderson, P.E., State Highway Administrator Roger Sheats, NCDOT John Sullivan, FHWA Colonel Charles R. Alexander, Jr., USACE Donna Moffitt, DCM Lawrence Belli, NPS Greg Thorpe, NCDOT - Dr. Ken Taylor, NC Division of Emergency Management David Franklin, USACE Ken Jolly, USACE Mr. Bill Biddlecome November 7, 2003 Page 4 bc: Dave Henderson, NCDOT Charles Jones, DCM Steve Harrison, NPS Jerry Jennings, NCDOT Don Voelker, FHWA Emily Lawton, FHWA Clay Willis, NCDOT Wayne Bissette, USACE Roy Shelton, NCDOT Ken Pace, NCDOT Gretchen Byrum, NCDOT Jerry Gaskill, NCDOT Ferry Division PiCV •06 2003 5:47PM MCSU 252 846 2868 p.2 North Carolina State University is a land. Department of Civil. Construction, grant university and a cansti-uan: institution and Envimnmental Engineering of TN Universiy of North Carcl;ra 208 Mann lkl' / 25C1 Stinson Crive Campus Box 79C8 Raleigh, NC 27695-79M i 919.515.2331 November 4, 2003 919 515.7999 (fax) wwwce.ncsu.edu Mr. Roy Shelton NCDOT Project Development and Environmental Analysis 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Roy: Thank you for the opportunity to join you and others on the trip to Ocracoke Island late Iast month to see the post -Isabel damage. I was surprised that this storm did so much damage to the beach, dunes and NC12. The department's efforts to get the road open are noteworthy. As you know, the dune is an important element in providing protection to the highway along the Outer Banks. We have learned from previous storms that a large dune can reduce the risk of ovenvash and road damage. While not a permanent solution these dunes do provide short -terns protection for the highway, A good example of this is the dunes the department constructed in the Buxton area after Hurricane Dennis. These dunes provided adequate protection during Hurricane Isabel. I am concerned that the dunes the department built on Ocracoke after Hurricane Isabel are too small. These dunes have a crest elevation of about 4 ft above grade, and a crest width of around 5 ft. The Banton dunes had a crest elevation of about 15 ft above grade and a crest width of about 15 ft. I understand that the dunes to be built at the Hatteras breach are going to have an elevation of about 10 ft above grade and a crest width of 10 ft. At a minimum, I recommend that the department increase the size of the Ocracoke dunes to those being built at the Hatteras breach. If not, then it is likely that there will be numerous problems this winter along the Ocracoke portion ofNC12. I would be pleased to discuss this recommendation further with you. Sincerely, G Gar John S. Fisher, Ph. D., P.E. / Professor of Civil Engineering NOV.-06'03(THU) 11;18 OEHNR COSTAL MGMT TEL119 133 1493 P.004 Permit Class MODIFICATION/MINOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermin for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C. Department of Transportation,113 Airport Drive, Edenton, NC 27932 Permit Number 24-03 Authorizing development in _ _ Hyde County at adj. Atlantic Ocean, highway NC 12, Ocracoke Island as requested in the permittee's application dated 10/ 13/03 10 1 Udine tom_ attached workl2lan drawing dated 9129/03. This permit, issued on 1116111114 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 oe suoiect to tines, imprisonment or civil action: or may cause the permit to be null and void. 1) This minor modification authorizes the reconstruction of primary dunes that were destroyed by Hurricane Isabel along NC Highway 12 on Ocracoke Island, in accordance with the attached workplan drawing. NOTE: This permit modification acknowledges repair of NC Highway 12 on Ocracoke Island in accordance with G.S. 113A-103(5), which states that maintenance or repairs necessary to repair damage to structures caused by the elements are not deemed to be development by the Coastal Area Management Act (CAMA). 2) If work must be conducted outside of the area depicted on the authorized workplan drawing, additional authorization from the N.C. Division of Coastal Management (DCM) will be required, either through permit modification or a new CAMA major permit as deemed appropriate by DCM. (See attached sheet for Additional Permit Conditions) tF"ea ...• +,:,,��, u.ay u apptcu oy ale pertruaee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project Is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. vy Do . Moffitt, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NOV.-06'03(THU) 17:19 DEHNR COSTAL MGMT TEL:919 733 1495 P.005 N.C. Department of Transportation Permit #24.03 Page 2 of 2 ADDITIONAL CONDITIONS 3) Nothing in this permit authorizes any activity that has not received approval from the National Park Service (NPS) for work within the Cape Hatteras National Seashore. . 4) No wetlands shall be excavated, filled, or directly impacted in any way. 5) The permittee shall obtain approval from DCM, in consultation with NPS, on the compatibility of any fill material used for this project, including dredge spoil, other than overwashed and overblown sands within the NC Highway 12 Right -of -Way adjacent to the work area. 6) All material used for dune reconstruction shall be sand that is clean and free of any pollutants, except in trace quantities. 7) All sands used for dune reconstruction must be of the same general characteristics as the sand in the existing dunes and ocean beach where it is to be placed. The sand used to construct the dune must be compatible with the existing sand's color and grain size. S) The dunes being reconstructed shall be stabilized with appropriate vegetation as quickly as is feasible. The planting shall be done in a manner acceptable to DCM and NPS. 1f the vegetation is not successful, then replanting of the dune maybe required within one year of notification by DCM and/or NPS. Maintenance Clause 9) DCM shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, D. The date of map revision and the permittee's signature shown anew on the original plan. B. A description of the amount of sand to be used for dune maintenance in cubic yards, and the source of this sand. 10) This minor modification must be attached to the original of Permit No, 24-03, which was issued on 2/19/03, and both documents must be readily available on site when a Division representative inspects the project for compliance. 11) All conditions and stipulations of the active permit remain in force under this minor modification unless altered herein. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. Mrnit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal ResouicesCommission'` *rmit for Permit Number �24-03 4/ X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C. Department of Transportation,113 Airport Drive, Edenton, NC' 27932 Authorizing development in Hyde County at adj. Atlantic Ocean, highway NC 12. Ocracoke Island as requested in the perniittee's application dated 10/15/02, including the attached workplan drawings (4): 1 dated 10/1/02; 3 dated as received on 10/23/02; and the attached AEC hazard notice. This permit, issued on 2119/03 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 hp enhierr to finec imnrisnnment nr civil actin nr may caner the nermit in he WWII and void. Dune Maintenance along NC Highway 12 on Ocracoke Island NOTE: The area covered by this CAMA permit is also part of the following NCDOT projects being conducted in coordination with the Outer Banks Task Force.' Therefore, the permittee is strongly encouraged to ensure that all activities conducted under this permit authorization are at all times in accordance with the most recent goals and recommendations of the Outer Banks Task Force. • TIP No. R-3116A, Ocracoke Island Hot Spot. • TIP No. R-3116, Long Range Outer Banks Task Force Planning Study. • Programmatic Environmental Assessment for routine maintenance activities along NC Highway 12 on Hatteras Island and Ocracoke Island. (See attached sheets for Additional Permit Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. lJ(onna D. Moffitt, Director l/ Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #24-03 Page 2 of 3 1) If the permittee needs to conduct work outside of what is depicted on the authorized workplan drawings, additional authorization from DCM will be required, either through permit modification or a new CAMA major permit as deemed appropriate by DCM. 2) Nothing in this permit authorizes any activity that has not received approval from the National Park Service for work within the Cape Hatteras National Seashore. The proposed work shall not commence until the permittee has been issued a Special Use Permit from the National Park Service (NPS), and a copy of the Special Use Permit is received by DCM. 3) No wetlands shall be excavated or filled, or directly impacted in any way. 4) The authorized dune maintenance activities may not result in impacts to the existing frontal dune systems that would weaken the protective values of these dune systems. 5) All work shall be accomplished in such a manner that the damage to existing vegetation is minimized. 6) The pemuttee shall obtain approval from DCM in consultation with NPS on the compatibility of any fill material used for this project, including dredge spoil, other than overwashed and overblown sands within the NC Highway 12 Right -of -Way adjacent to the work area. NOTE: The N.C. Wildlife Resources Commission submitted comments expressing concern that the use of dredge spoils following utilization of the available overwashed and overblown sands could create less suitable nesting habitat for sea turtles, particularly on the seaward toe of the dunes where most turtle nesting would occur. Therefore, the available overwashed and overblown sand on the north side of the road should first be used to reconstruct the seaward toe of the dune system in order to promote a suitable nesting area for sea turtles. 7) All sands used to strengthen the dune must be of the same general characteristics as the sand in the existing dunes and ocean beach where it is to be placed. The sand used to construct the dune must be compatible with the existing sand's color and grain size. 8) The north and south ends of the dune system undergoing maintenance shall angle onto and blend with" the existing adjacent frontal dune system. No portion of the dune system undergoing maintenance will lie oceanward of the adjacent dune system. 9) The dunes undergoing maintenance shall be stabilized with appropriate vegetation as quickly as is feasible. The planting shall be done in a manner acceptable to DCM and NPS. - If the vegetation is not successful, then replanting of the dune may be required within one year of notification by I)CM and. =' NPS. 10) No beach bulldozing seaward of the dune is authorized. N.C. Department of Transportation ADDITIONAL CONDITIONS Sea Turtle and Pipiiie Plover Proiection Permit #24-03 Page 3 of 3 11) In order to protect sea turtle and piping plover populations, no work shall be conducted during the sea turtle and piping plover breeding season from April I" to November 15a' of any year without first obtaining approval from DCM in consultation with NPS and the NC Wildlife Resources Commission (WRC). 12) Sand fence shall be installed in accordance with the attached guidelines for sand fence installation on North Carolina beaches as prepared by WRC. General 13) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 14) All fill material must be clean and free of any pollutants, except in trace quantities. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. NOTE: Dune maintenance activities similar to those authorized by this CAMA permit were previously authorized by CAMA major permit No. 135-93, which expired on 12131/00. NOTE: The permittee is encouraged to contact the Public Health Pest Management Section at (919) 733- 6407 to discuss mosquito control measures. 0 North Carolina Wildlife Resources Commission C 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-133-3391 Charles R. Fullwood, Executive Director SAND FENCE INSTALLATION ON NORTH CAROLINA BEACHES Sea turtles nest on nearly all of North Carolina's coastal beaches, laying an average of 600 nests annually. Sea turtles face many natural hazards and are also affected by human activities. Careful planning can eliminate ,most of the human -caused hazards, such as the placement of sand fencing. Sand fencing placed on sea turtle nesting beaches may interfere with nesting activity if placed so that it forms a barrier between the mean high water mark and the primary dune where nests are typically deposited. Sand fencing should be designed and installed so that it does not impede nesting attempts and/or trap nesting females and emergent hatchlings. The North Carolina Wildlife Resources Commission recommends placing individual sections of sand fencing at angles of at least 45° (see drawing) to the shoreline, facing the predominate wind direction. Placement of fencing at angles greater than 45° to the shoreline is more beneficial to sea turtles; and, <;Vlacement at 90° is optimal. Individual 'fence sections should not exceed 10 feet in length and should be spaced at least 7 feet apart (parallel to each other) to allow sea turtles to turn around between the fencing sections. Sand fencing should be placed as far landward as possible. This method of sand fencing encourages sand accretion and minimizes negative impacts to nesting sea turtles. There are different types of sand fencing available. Standard fencing consists of evenly spaced wooden slats wired together and supported by wooden posts. Woven fabric fence material is also available and may be used, provided that the fabric sustains a 40% - 60% open space to closed space ratio to avoid wind damage by allowing air to flow through the material. Remember that fabric -type fences are susceptible to ultraviolet degradation and may sag and lose its original shape, thus reducing performance. In order to maximize the benefits of sand fencing, routine maintenance and adjustments are necessary. Once sand fencing becomes buried, the benefits are no longer realized. Therefore, fencing should be repositioned before it becomes 50% buried, to maximize sand build up. Sand fencing should not be left buried in newly - formed sand dunes, and all non-functioning or derelict fencing should be removed from the beach iinmediatcly. .'Installation and repositioning of sand fencing should be conducted outside the sea turtle nesting season (16 November through 30 April). Call the Sea Turtle Project Coordinator, Division of lVildlife Management, (252) 719-1359, for additional technical guidance on sea turtle conservation. North Carolina Nongame & Endangered NNIldlife Program. P.O. Box 29613, Raleigh. NC 27026-0613. (4)1 Q) 661-43 72. _ .�VJ 1G•Jf Ll vi Ji Vlv 1 � -Iv OJ1J1 J�� "'-'�•`.+' "�� —2003 WED 1025 AM NC DIV OF COASTAL MGMNT FAX NO. 4 P. 02 AEC HAZARD NOTICE Pre ject Is Ire An: ✓ Mean Erociible firoa _,igFt Hazard Flood Area ,—_Inlet Hazard Area Dille Lot Was Flatted: 1J A---- __-,- - f7,is nulke is i,andod to make you, dic applicant, aW;tre spa.Clal risks and conditions os:oci;lted with •'`-nt in this area, which is subject to Pilttlral it its swr ns, =51an and cu rferlts. The rules of i I '.sources Cornmission require that you ;III Al-.C. I•]azai'd Notice and acknowledge that ngtii is in w.riting bcfot•e a penult for developillent ea11 be Osumi. 1"hc t:ctnttn ic•ion'S males nn hui ldint; stanttards, occanfroalt �1;1 dnnn. altatationarcdesignc:d lott,iultnicc,but ,,,, pvt) ,arty loss from hazards. By };nulling .. ;iu? C.'.oastll rtc,s•olllccs Cornmiesion flocs not • r :.:n:,a lht': sa(c•lY of the dcvcluPn,cnt al,d axsnmes t10 jiabili ty fr,r.futtnla da;ilal;e to the dtwcla}ltncnt. I'1n' hC::;t availnblc. l tlfurmallcin, as ncccptocl by O e Cuaslll l (?if)lJ i'l`(.ti C.f)1'111)1i5 j1i)11, inaicol.cs dlat t11C: anllval 0(cef,1t s r lstcui rt)tC for ll ie ;1n,t l,,•ller e your props rty is located is (s _07-1 fee t I,'r yc:i r. ..• r,ic wins cstriblished by atrefol analysis of aerial s c:f the alasUinc lskcn over the A�aslSU years. 11ao indicate that the slwreline could III vc as tr uci I 1^ndtvard Ina nlajot storm. floodwatarsinamajorsloro,areprediclrcltubcabunt .. j.. fcct deep in this area. -_.u;cd oceanfront protection measures are beach i,!nncnt and rOocnHon At threatened structures. erovion control Structures such as bul%ndw sc•r,1:111;, t'L•vclu'tthlts, groins, jellies and brcakw;itr.s arc �ni1dIn[Cd, Te,l)porvq devices, indoding sand bags, }may oc allowcM Imdcr certain condition: • l ;ti c ;ct r1.lchl rc'Atoll bo rotor, tyl ur di smantled Wi shill two . s of i,�t•onvul; inlmincntly tl)icalcncd. o pppliwnt annst acknorvledge this ultnrtnatton nod roquirr.;tticills by Signilig tliis notice in the below space. IvVith lut the larolx r slhllature, the applic,liion hill not be cotnJ,les SPECIAL NOTE This hazard notice 15 :equlrM for developmcnlin areas sl,hjcct to sudden atici massive stormsnnderasion.l'erntitstssu®dfordevelopinentinthis area expire on Mcenlber 3l of the third yc, r following the ))re r in which th? permit was issued. $lmrtlybeforc w_ ork begins oil the project site, the Local Permit Officer will detCl'lll]11C Il1C V�'get;.lUan lint; and setbilck.dislance at your siLc.lf the property 1,a5 semi 11 ide change and the proposed dcvcluptuent can still meet ilia setback requirement, the LPO will inform yoit that yyotrnlayybe{ in Fvnrk, his inlpor- tant that you check vvhh the.I.PO before thepermitex}uros Co,: official approval to continue the work after the permit has expired. Unerally, if foundation [+il.ings have be:'n placed and subswntinl prugress is conlinli,ng, pernlit renewal n,ny notbenc'ccssary, if substal'llial,progress has not bcLm rllnde, the permit must be rcnowecl and a new setback line established- It is unlavvful to continue work after permit expiration wi thou t this approval. POI inove illf0TnlaliUll, CUntartt Local Permit Officer zlddross Zl?JS-5'7 LocafitY 111, Phono DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAI. AND PROCESSING RECORD 1) APPLICANT: NC Department of Transportation County: Hyde LOCATION OF PROJECT: Ocracoke Island Frontal dune adjacent to NC 12, between 1.73 miles and 3.71 rni les south of the Hatteras ferry terminal. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11/15/02 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Bill Arrington DISTRICT OFFICE: Morehead\ DISTRICT MANAGER REVIEW: (�(� B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $i� I PUBLIC NOTICE RECD: _11 &Z A2 END OF NOTICE DATE: _(Z 1).9107- ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: MAIL OUT DATE: FEDERAL DUE DATE: DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY F11t: a AGENCY DATECOMMENTS RRTURNTD OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division Of COrnimmity Assistance Land Quality Section Division of Water Quality Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health Division of Flighways Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries Submerged Lands (DMF) r NOMA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor MEMORANDUM: TO: DOUG HUGGETT FROM: BILL ARRINGTON Donna D. Moffitt, Director William G. Ross Jr., Secretary SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT — Dune Reconstruction adjacent to N.C. 12 in Hyde County DATE: November 20, 2002 The following are my comments and recommendations regarding the above -mentioned proposal. The project consists of reconstructing 2378 lineal feet of primary dune in 7 locations and installing sand fence in 5 of these locations as well as 2 additional locations. These 9 locations extend from 1.73 to 3.71 miles southwest of the Ocracoke -Hatteras Ferry Terminal. NCDOT has reduced the Ocean Erodible Area AEC system impacts associated with this proposal by not disturbing vegetated dunes, allowing no heavy machinery on vegetated dunes or water ward of the ocean side dune toe and by installing sand fence using hand tools. The Atlantic Ocean is classified SB in front of these dunes. The project is well designed with minimization of impacts. I would recommend the project be approved contingent upon the following conditions: 1) The temporary placement or double handling of excavated or fill materials within waters, vegetated dunes, or vegetated wetlands are not authorized. 2) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the work plats. 3) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 4) All fill material must be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper 5) Sand fence and sprigging are installed at locations 8 and 9. 6) No permit should be issued and no work is permitted until a Special Use permit is issued by CHNS office of the National Park Service. 7) In order to minimize impacts to nesting sea turtles, no work shall occur within the period of to of any year. Cc: Charles Jones Terry Moore DIVISION OF COASTAL MANAGEMENT NCDENR NORM1I C ROUN DfPYiT OF FN.Ro..E mo NM.A RE Rcm 151-B HWY. 24, HESTRON BUILDING MOREHEAD CITY, NC 28557 TELEPHONE: (252) 808-2808 FAX: (252) 247-3330 OFFICE: E64L ADye2riscm"r ScK-Tzcxl TELEPHONE #: FROM: B i LL AR w4 CTonl FAX #: [ZSZ] 443- 3Z49 OFFICE: DIVISION OF COASTAL MANAGEMENT 24 Z66z- /SS4E QG THE-z6gurOR.T- 1ybi Awlo S - DATE SENT: 11 12o /oz TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary November 20, 2002 Beaufort -Hyde News Legal Advertisement Section P.O. Box 99 Belhaven, NC 27810 Re: Public Notice — Hyde County Dear Sir: Please publish the attached Notice in the Wednesday, November 27, 2002, issue of the Beaufort -Hyde News. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699- 1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office (252) 808-2808. Sincerely, le-1 Bill Arrington D.O.T. Field Representative wla Enclosure cc: Terry Moore, District Manager Doug Huggett 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on November 15, 2002. According to said application, the North Carolina Department of Transportation is requesting to reconstruct primary dunes and install sand fence in 9 locations along N.C. 12, between 1.7 and 3.7 miles southwest of the Ocracoke -Hatteras Ferry Terminal, in Hyde County. A copy of the entire application may be examined or copied at the office of Bill Arrington, NC Division of Coastal Management, located at 151-B Hwy. 24, Hestron Plaza 11, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC, 27699-1638, prior to December 18, 2002, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: Please publish on November 27, 2002 M P, 01 TRANSACTION REPORT NOV-20-2002 WED 12:38 PM DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP NOV720 1217 PM 82529433299 1'17" 3 SEND OK 776 DCM % DWQ % Development Type FEE (14300 16014351000§3 1625 62531 (24300 1602 435100095 23, I. Private, non-commercial , development that does not involve $250 100% ($250) 0 % (SO) the filling or excavation of any wetlands or open water areas: it. Public or commercial development v- that does not involve the filling or S400 100 % (4400) 0 % (SO) excavation of any wetlands or open water areas: III. For development that involves the filling andfor excavation of up to 1 acre of wetlands andfor open water areas, determine if A, B, C, or D below applies: III(A). For Private, non-commercial development, If Geneml water Quality S250 100%($250) 0%(SO) Certlficafon No.3301 (see attached) can be applied: , III(S): For public or commercial development,if General water Quality S400 100% (S400) 0 % (SO) Certification No.3301 (see attached) can be applied: III(C). If General Water Quality Cerfrication No. 3301 (see attached) could be applied, but DCM staff determined that additional review and S400 60% (S240) 40% (5160) _ written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 3301 (see attached) 540 60% (5240) 40% (SI60) can not be applied: IV. For development that involves the filling andfor excavation of more S475 60% (S285) 40% (SI90) than one acre of wetlands andfor open water areas: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: North Carolina Department of Transportation (NC DOT) 2. LOCATION OF PROJECT SITE: Ocracoke Island Frontal dune adjacent to NC 12, between 1.73 miles and 3.71 miles south of the Hatteras ferry terminal, in Hyde County Photo Index - 2000: Not Available State Plane Coordinates: x 2953641 3. INVESTIGATION TYPE: CAMA 1995: Not Available y: 532730 GPS: Rover File # X110720A-I 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-10/29/2002 & 11/7/2002 Was Agent Present - YES (Clay Willis, 10/29/02) PROCESSING PROCEDURE: Application Received as complete - 11/15/2002 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification from LUP - Conservation (B) AEC(s) Involved: Ocean Erodible Area (C) Water Dependent: No (D) Intended Use: Public- NC DOT Interim Roadway Protection (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - NC 12, Natural and Constructed Dunes Planned - NC 12, Natural and Constructed Dunes (G) Estimated Annual Rate of Erosion: 6-9 feet Source: CRC's Long Term Annual Shoreline Change Rates updated 1992 7. HABITAT DESCRIPTION: [AREA] Excavated Filled Other (A) Vegetated Wetlands (B) Non- Vegetated Wetlands (C) Other - Upland Sand Dunes 9,720 sq. ft. 144,230 sq. ft. (D) Total CAMA AEC Disturbed: 153,950 sq. ft. 3.53 acres (E) Total area disturbed by project: 153,950 sq. ft. 3.53 acres (F) Primary Nursery Area: No (G) Water Classification: SB (H) Open for Shellfishing: No (project is all on high ground) 8. PROJECT SUMMARY: The N.C. Department of Transportation is proposing to reconstruct primary dune in 7 locations, totaling approximately 2378 lineal feet, with dredged spoil sand, over blown sand and over washed sand, adjacent to N.C. 12 and install sand fence on the ocean side of 5 of these reconstructed dunes. NC DOT is also proposing to install sand fence in 2 locations not proposed for reconstruction. FIELD INVESTIGATION REPORT NC DOT — Dune Reconstruction- Hyde Co. PAGE 2 9. PROJECT DESCRIPTION The 9 locations of this proposal are east of and adjacent to NC 12 from 1.73 miles to 3.71 miles southwest of the Hatteras -Ocracoke Ferry Terminal on Cape Hatteras National Seashore (CHNS) property on Ocracoke Island in Hyde County, North Carolina. Although the majority of the project is located on CHNS property, the NC DOT has a 150-foot right-of-way for NC 12, and has applied for a special use permit from CHNS. The entire project is located within the Ocean Erodible Area AEC. The long term average annual erosion rate is 6 feet from 1.73 to approximately 2.2 miles southwest of the Hatteras -Ocracoke Ferry Terminal and 9 feet in the remainder of the project area. Breaks in the dune system along NC 12 have, occurred due to ocean overwash during Tropical Storm Gustay. Locations 1, 2, 4, 6 and 7 detailed in the application package are o'verwash areas that have essentially changed the frontal dune to a broad, flat, sparsely vegetated area lacking the height and configuration typical of frontal dunes. Although locations 1, 2, 4, 6, and 7 are approximately 10-20 percent vegetated, they are not stable and the elevation of the dune has been reduced to allow overwash during relatively minor storms. Locations 3, 5, 8 and 9 are relatively narrow areas 15-79 feet wide, unstable and void of vegetation, where the ocean has breached the primary dune. Location 1 is approximately 1267 feet in length beginning 1.73 miles southwest of the Hatteras - Ocracoke Ferry Terminal and the width of -the adjacent stable dune is approximately 63 feet with the water ward edge approximately 45 feet from MHW and the landward edge of the dune approximately 10 feet from the asphalt of NC 12. Location 2 is approximately 422 feet in length beginning 2.03 miles southwest of the Hatteras - Ocracoke Ferry Terminal and the width of the adjacent stable dune is approximately 50 feet with the water ward edge approximately 50 feet from MHW and the landward edge of the dune approximately 4 feet from the asphalt of NC 12. Location 3 is approximately 52 feet in length beginning 2.15 miles southwest of the Hatteras - Ocracoke Ferry Terminal and the width of the adjacent stable dune is approximately 50 feet with the water ward edge approximately 25 feet from MHW and the landward edge of the dune approximately 8 feet from the asphalt of NC 12. Location 4 is approximately 739 feet in length beginning 2.24 miles southwest of the Hatteras - Ocracoke Ferry Terminal and the width of the adjacent stable dune is approximately 45 feet with the water ward edge approximately 39 feet from MHW and the landward edge of the dune approximately 8 feet from the asphalt of NC 12. Location 5 is approximately 79 feet in length beginning 2.51 miles southwest of the Hatteras - Ocracoke Ferry Terminal and the width of the adjacent stable dune is approximately 52 feet with the water ward edge approximately 30 feet from MHW and the landward edge of the dune approximately 15 feet from the asphalt of NC 12. Location 6 is approximately 422 feet in length beginning 2.59 miles southwest of the Hatteras - Ocracoke Ferry Terminal and the width of the adjacent stable dune is approximately 65 feet with the water ward edge approximately 9 feet from MHW and the landward edge of the dune approximately 21 feet from the asphalt of NC 12. FIELD INVESTIGATION REPORT NC DOT — Dune Reconstruction — Hyde County PAGE 3 Location 7 is approximately 686 feet in length beginning 2.76 miles southwest of the Hatteras - Ocracoke Ferry Terminal and the width of the adjacent stable dune is approximately 52 feet with the water ward edge approximately 33 feet from MHW and the landward edge of the dune approximately 8 feet from the asphalt of NC 12. Location 8 is approximately 15 feet in length beginning 3.46 miles southwest of the Hatteras - Ocracoke Ferry Terminal and the width of the adjacent stable dune. is approximately 55 feet with the water ward edge approximately 12 feet from MHW and the landward edge of the dune approximately 165 feet from the asphalt of NC 12. Location 9 is approximately 15 feet in length beginning 3.71 miles southwest of the Hatteras - Ocracoke Ferry Terminal and the width of the adjacent stable dune is approximately 50 feet with the water ward edge approximately 17 feet from MHW and the landward edge of the dune approximately 165 feet from the asphalt of NC 12. Vegetation onsite is typical of this zone and includes Sea Oats, American Beach Grass and Pennywort. Sand has overwashed and overblown onto the road and road shoulders at all locations except 8 and 9, which are 165 feet from N.C. 12. Primary dunes in all locations, excluding Location 8), have previously been reconstructed or reshaped under CAMC Major Permit 135 -93. The proposal is to reconstruct approximately 2,378 feet of primary dunes in overwash locations 2, 4, 5, 6, 7, 8 and 9 by adding dredge spoil fill after utilizing overwashed and overblown sand from the 10-foot road shoulder along NC 12. The reconstructed dunes would be filled and shaped to closely resemble the corresponding dunes at each end of the overwashed areas. After reconstruction of the dunes, sand fence would be installed at over wash locations 1 through 7 on the ocean side dune base in 10-foot sections spaced 7 feet apart and facing northeast (running from southeast to northwest). Locations 1-7 are proposed to be planted with 80% American Beach Grass and 20% Sea Oats on 18" centers. 10. ANTICIPATED IMPACTS: As proposed, the reconstruction of these 7 areas of dune overwashed by Tropical Storm Gustav would result in the filling of approximately 144,230 square feet of upland sand dune and the excavation of approximately 9,720 square feet of upland road shoulder. Installation of the sand fence sections facing the northeast winds should trap sand from blowing across the dunes and reinforce the reconstructed dunes. The removal of sand from the road shoulders of N.C. 12 would eliminate the natural migration of the dune sand that is naturally forming a small secondary dune north of N.C. 12. NC DOT has reduced the Ocean Erodible Area AEC impacts associated with this proposal by not disturbing vegetated dunes, allowing no heavy machinery on vegetated dunes or water ward of the ocean side dune toe and by installing the sand fence using hand tools. The primary use of this site will be for short-term protection of N.C. 12. The collective disturbance area for the project is 3.53 acres. Bill Arrington — Morehead Regional Office — November 18, 2002 es SW(o� l STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY October 15, 2002 Division of Coastal Management 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 Attention: Bill Arrington The purpose of this letter is to request a CAMA major permit for the dune work on Ocracoke Island. The North Carolina Department of Transportation is proposing to reconstruct dunes and erect sand fencing in an attempt to stabilize existing eroded dunes on Ocracoke Island. The current state of the eroded dunes is the result of Tropical Storm Gustav that impacted the coastal area on 09/10/02. The general area of the proposed work begins 1.7 miles from the ferry dock and ends 3.71 miles from the ferry dock. There are a total of 9 locations within a 2-mile area that need dune reconstruction. These 9 locations are detailed in a summary provided with this letter. The reconstructing of the dune areas will involve the placement of approved sand in designated areas. This sand will be shaped in coordination with the permit drawings that are provided and as was discussed in an on -site meeting between the Division of Coastal Management , (DCM), National Park Service and NCDOT representatives in September of 2002. There will be no disturbance of existing vegetated dunes. The newly constructed dunes will be at the same height of the existing dune on either side and tied in so the dune is continuous. Sprigging of the rebuilt dunes will take place immediately after the dune reconstruction is finished or during the most productive time to plant. This will be done with 80 % American beach grass and 20% sea oats. The sand fence will be installed using hand tools such as a sledgehammer, etc. The bundles of sand fence will be moved by means of a small tractor of ATV four wheeler. A general work plat has been included with this letter to show the layout of the sand fence placement. This work will be done in accordance with the approved guidelines established and provided by the National Park Service and the Division of Coastal Management. Consultation with the National Park Service and the Division of Coastal Management will be taken during the life of the project. In order to prevent any detrimental effects on protected animals that use the ocean shoreline, this work will be done in a timely manner and scheduled in coordination with the DCM and the Park Service. A special use permit from the National Park Service is being acquired along with this CAMA major permit to conduct this work. If any additional information is needed, please call Clay Willis at 252-482-5889. Sincerely, Don Conner Division One Engineer Cla Willis Division One Environmental Officer 113 Airport Dr., Suite 100, Edenton, NC 27932 — Phone: (252) 482-7977 Fax: (252) 482-8722 Cc: Allen Russell _.;1.: Sand Dune Reconstruction and Sand Fence Placement Location Description Note: There are nine locations that work is being proposed in. The locations are measured in miles from the Hatteras Ferry Dock. Location - 1.73 miles from the ferry dock to 1.97 miles. Total work area length is 11 H \ ; -�U n e 'i S ' 1267 feet. At this location NCDOT is proposing to erect sand fencing and vegetation I,,tc, (.O3' sprigging. so/zc)sE Xilp•7'2o A Ou na. Pvrt. to Location — 2.03 miles from the ferry dock to 2.11 miles. Total work area length is 422 feet. At this location NCDOT is proposing dune reconstruction, vegetation sprigging n ,,� i, , and sand fence placement. I,1 0 -7 I;IfI ') - g b-,, e - ,,v r y. J) Location — 2.15 miles from the ferry dock to 2.16 miles. Total work area length is 52 m1+w - o.."e feet. At this location NCDOT is proposing sand fence placement and vegetation ti�t•z s ` . sprigging. X %\6-lTZo C b ,"=-Prt D4 _Location-2.24 miles from the ferry dock to 2.38 miles. Total work area length is 739 YnLA W - feet. At this location NCDOT is proposing dune reconstruction, vegetation sprigging �� ` LA 5 and sand fence placement. X 11 0 7 z o iu t 6' 3� Location — 2.51 miles from the ferry dock to 2.52 miles. Total work area length is 79feet. At this location proposing is dune reconstruction, vegetation sprigging z st and sand fenceof placement. I iC)-7 o _ P t s ,,6 Location — 2.59 miles from the ferry dock to 2.67 miles. Total work area length is 422 feet. m.1 w - c,: "z 9' At this location NCDOT is proposing dune reconstruction, vegetation sprigging and sand fence placement. X 11 0rl zo 1= ls.lt - pv.+ ZI, JLocation — 2.76 miles from the ferry dock to 2.89 miles. Total work area length is 686 maw_. n."e .33' feet. At this location NCDOT is proposing dune reconstruction, vegetation sprigging�t and sand fence placement. X 1 t o •1 c r b 8) Location — 3.46 miles from the ferry dock. Total work area length is approximately 15 feet. Rebuild dune in small washout area. X I I U 7 d0 4 Wo Q9 Location — 3.71 miles from the ferry dock. Total work area length is approximately 15 feet. Rebuild dune in small washout area. X 1 I o -7 so-' 113 Airport Dr., Suite 100, Edenton, NC 27932 — Phone: (252) 482-7977 Fax: (252) 482-8722 Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name N. C. Department of Transportation Address 113 Airport Road City Edenton State N.C. Zip 27932 Day Phone (252) 482-7977 Fax (252)482-8722 b. Authorized Agent: Name Clay Willis, Environmental Officer Address 113 Airport Road City Edenton State N.C. Zip 27932 Day Phone (252) 482-7977 Fax (252)482-8722 c. Project name (if any) Ocracoke Dune Reconstruction NOTE: Permit will be issued in name of laudowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT b. City, town, community or landmark Ocracoke c. Street address or secondary road number NC 12 d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Atlantic Ocean 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Ocean Dune Reconstruction, Vegetation Sprigging, and Sand Fence Placement b. Is the proposed activity maintenance of an existing project, new work, or both? maintenance c. Will the project be for public, private or commercial use? public d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. The purpose of this project is to stabilize the ocean front dune system in order to protect NC 12 from washing out. This work will be accomplished by hauling sand in and placing it with excavators, backhoes, and front end loaders. This will rebuild the dunes where they had washed out. a. County Revised 03195 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract length of area is approximately 0.90 miles b. Size of individual lot(s) N/A c. Approximate elevation of tract above MI-IW or NWL 6 feet d. Soil type(s) and texture(s) of tract CrB (Corolla) sand, BeE (Beaches) sand e. Vegetation on tract sparse beachgrass, penny wort, seashore elder f. Man-made features now on tract None g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan) X Conservation _ Developed Rural _ Transitional _ Community X Other h. How is the tract zoned by local government? Park Service Property, NCDOT right-of-way i. Is the proposed project consistent with the applicable zoning? X Yes _ No (AHaclr zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? _ Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? _ Yes X No Coastal (marsh) _ Other _ If yes, has a delineation been conducted? (Attach documentation, ifavailable) n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) None o. Describe existing drinking water supply source. None 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by I V white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. in. Describe existing wastewater treatment facilities. N/A •A Stormwater Certification, if one is necessary. Form DCM-MP-1 •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. Upon signing this form, the applicant further certifies that such notice has been provided. Name N/A Address _ Phone Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Permit 135-93 issued 1993, Permit modification to 135-93 issued 1999. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 15 day of October, 2002. Print Name Clay Willis Signature `j,( LandowneforkithorizedAgent Please indicate attachments pertaining to your proposed project. X_ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Length Width Depth Depth Access Channel (MLW) or (NWL) Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater c} � her A e(Excluding 9.t1 shoreline tli, stabilization) 1. EXCAVATION N/A a. Amount of material to be excavated from below MHW or NWL in cubic yards None b. Type of material to be excavated None c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes X No d. High ground excavation in cubic yards None f 2. DISPOSAL OF EXCAVATED a. MATERIAL N/A (See Attachment) Location of disposal area N/A there will be no disposal of material b. Dimensions of disposal area N/A c. Do you claim title to disposal area? N/A _ Yes _ No If no, attach a letter granting permission from the owner. rel Will a disposal maintenance? _ If yes, where? area be available for future Yes No N/A Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? N/A Yes No If yes, f. Does the disposal include any area in the water? Yes _ No N/A 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap Sand Dune b. Length Approximately 0.90 miles c. Average distance waterward of MHW or NWL approximateey 200 feet 6c ti• J 0`� . Maximum distance waterward of MHW or NW�y approximately 300 feet 6 t /n, n � �,�/ e. Shoreline erosion during preceding 12 months Dunes washed out during TS Gustav 09/10/02 (Source of information) f. Type of bulkhead or riprap material N/A g. Amount of fill in cubic yards to be placed below water level NONE (1) Ripmp (2) Bulkhead backfill h. Type of fill material NCDOT will use approximately 5,000 cubic yards of approved sand for the dune reconstruction. i. Source of fill material N/A Hatteras Inlet Dredge spoil site located beside the Ocracoke to Hatteras ferry terminal 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes _ No (1) Amount of material to be placed in the water None (2) Dimensions of fill area N/A (3) Purpose of fill N/A b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? NCDOT's Best Management Practices for erosion control will be implemented in necessary locations b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Excavator, Front end loader, backhoe, dump trucks c. Will wetlands be crossed in transporting equipment to project site? _ Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Clay Willis, Environmental Officer Applicant or Project Name Sign re October 15, 2002 Date Revised 03/95 Ocracoke info Subject: Ocracoke info Date: Thu, 14 Nov 2002 11:34:06 -0800 From: Clay Willis <tcwillis@dot.state.nc.us> Organization: North Carolina Department of Transportation To: Bill Arrington <Bill.Arrington@ncmail.net> Bill, Attached to this e-mail are the estimates for the disturbed/filled area at each site for the proposed dune work on Ocracoke Island. These estimates are based on a 60 feet base width of the dune and 10 feet of road shoulder disturbance where needed. Most of this work will occur within the DOT right-of-way. If you need any additional information for this permit please let me know. I will be sending you a hard copy of this letter also. I spoke with the Marshall Collins family this morning and they supposed to be faxing me a letter today stating they have nc problem with the pier placement on the boardwalk project. Have you heard anything from the COE on the Swan Quarter Ferry? Thanks, Clay Name: disturbedarea.doe rdisturbedarea.doc Type: WINWORD File (application/msword) u Encoding: base64 Download Status: Not downloaded with message 1 1 / 18/02 9:49 DEPARTMENT OF TRANSPORTATION �`r LCLu wnxrzxlvi N DATE 10/16/2002 DIVISION 01 OFFICE113 55-lose STATE TREASURER, RALEIGH, NORTH CAROLINA EDENTON, NC 27932 AIRPORT DRIVE, SUITE 100 5B1 PAYABLE AT PAR THROUGH FEDERAL RESERVE SYSTEM Pay ♦ r O I I I r r r r I r r s. I* I♦ r r I♦ r M r r r♦+ r* r r. 0 ';4a1w„i�a ai�yiy�,+�i Ioull uu.:mo`.rmao xcM x110'xA:t Pay NCDENR, CAMA to the 3411 ARENDELL ST. Order of P.O. BOX 769 MOREHEAD CITY, NC 48557 Q 11'0000878211' r:053110594r: iim00omr.4111' LT NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary November 18, 2002 Clay VVillis, Division Environmental Officer NC Department of Transportation Division 1 113 Airport Drive, Suite 100 Edenton, North Carolina 27032 Dear Mr. VVillis, The NC Division of Coastal Management hereby acknowledges receiptof your application for State approval for the reconstruction of dunes and the installation of sand fence adjacent to N.C. 12 on Ocracoke Island in Hyde County, North Carolina. The additional information requested was received on November 15, 2002, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 28, 2002. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the proposed development. You should post this notice at a conspicuous point along the roadway where it can be observed from the road. An example would be: nailing the notice card to a telephone pole or tree along the road right-of-way near the project. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, (02�Bill Arringto D.O.T. Field Representative, NC Division of Coastal Management VVLA Enclosure cc: Charles Jones Doug Huggett Terry Moore, District Manager 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagernent.net An Equal opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper LAMA PERMIT APPLIED FOR PROJECT- 04-"Lelake- D" .t P% 9- C! ark & 4r"okL COMMENTS ACCEPTED THROUGH Dqc-. 18. 2400:L- APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: I LL E2 ca I f0 Q - r y > t Yr Green a� Fr1 :'• : ?stand i' •z 1'.' ,Y• - Isla d hT Club �( CQL•) r. /.... / ���TF i r r�j [ > �� ; Apt>°�S` gar. rc. •�ryi n Ha rrtock 9 ;_� 1a J' Dune Reconstruction and Sand Fence Project Area (1.7 miles to 3.71 miles from the Ferry Dock) FAA 1.73 - FAB 1.97 miles --- SAND FENCE = 0.24 MILES (1267.2 FEET) R FAC 2.03 -FAD 2.11 miles ---DUNE RECONSTRUCTION &SAND FENCE = 0.08 MILES (422.4 FEET) y ' ry ' FAE 2.15 - FAF 2.16 mils --- SAND FENCE = 0.01 MILES (52.8 FEET) •` •; = IFAG 2.24 - FAH 2.38 miles --- DUNE RECONSTRUCTION & SAND FENCE = 0.14 MILES (739.2 FEET) FAI 2.514 - FAJ 2.529 miles --- DUNE RECONSTRUCTION & SAND FENCE = 0.015 MILES (79:2 FEET) r. FAK 2.69 - FAL 2.67 miles --- D II NE RECONSTRUCTION & SAND FENCE = 0.08 MILES (422.4 FEET) ' IAM 2.76 - FAN 2.99 miles --- DUNE RECONSTRUCTION & SAND FENCE = 0.13 MILES (606.4 FEET) FAD 3.46 --- REBUILD SMALL WASHOUT FAP'3.71 REBUILD SMALL WASHOUT Sprig Proposed Proposed Dune 3:1 ... NC 12 _ E— ±1o, Existing Dune r r. NOTE: Dune height to be 10' - 12' (or match the mean dune elevation) - C (J NC Department of Transportation Division of Highways COUNTY: Hyde QUAD: BASIN: Tar -Pamlico PROJECT: Dune Repair DATE: October 01, 2002 NTS TYPICAL SECTION of NC 12 �� 1 pSAND FENCE �,y1•ov �� Q, a� 1 o-�z�•.evt7 low o"no�� 10. \ Proposed Sand Fence NC12 Cross Section Proposed Sand Fence C.,i ..� t.vl•� Toe of Dune Top of Dune Northeast Wind Ocean Stan Fenc Existing Sac SAND FENCE TYPICAL i not r:t1Ke ^-w Fence ples a is NTS c:. c� 21.x 4" S Untreate NTS SAND FENCE TYPICAL Cross Section View B53 4" < ..OK— Northew _ Wind Standard Fence Ling Sand ppl' SPRIGGING The Contractor shall sprig the dune with one sprig of vegetation on 18" centers at the following rates: 80% American Beachgrass (Ammophila breviligulata), 20% Sea Oats (Uniola paniculata). Plants should be planted at least 6" deep in the winter and at least 8" deep in the spring. Fertilizer shall be 18-6-6 at a rate of 400 lbs. per acre. Existing vegetation shall not be disturbed (where possible). No equipment shall be allowed on the ocean side beach of the dunes other wise approved by NCDOT or USF&W. The types of plants, fertilizer, and the rates of application shall be as stated above unless otherwise directed by the Engineer. Payment, for the all the above work, will be under "Sprigging" per Acre. SAND FENCE The Contractor shall install a sand fence where staked (in the field) along the existing sand dune. The fence maybe used to prevent damage to the new Sprigs. Standard wooden (2"x 4"x 8' non -treated) studs shall be used as post every 5' and the fence shall be standard wooden sand (or sometime called snow) fence. The fence shall be attached to the studs with approved galvanized (cow fence) staples. The existing vegetation shall not be disturbed (where possible). No equipment shall be allowed on the dune, ocean side beach, or other vegetated area unless other wise approved by NCDOT or US Wildlife Service. Location of fence placement will be staked in the field by NCDOT or US Wildlife personal. Payment, for the all the above work and materials, will be under "Sand Fence" per linear foot. Fill associated with the Dune Construction on Ocracoke Island Site 1 2 Be innin 1.73 miles 2.03 miles Endin 1.97 miles 2.11 miles Total Site Len th 1267 feet 422 feet Total Disturbed Area 0 25320 s . ft. 0.58 acres) 3 2.15 miles 2.16 miles 52 feet 0 4 2.24 miles 2.38 miles 739 feet 44340 s . ft. (1.02 acres 5 2.51 miles 2.52 miles 79 feet 5530 s . ft. (0.13 acres) 6 2.59 miles 2.67 miles 422 feet 29540 s . ft. 0.68 acres) 7 2.76 miles 2.89 miles 686 feet 48020 s . ft. (1.10 acres 8 3.46 miles 3.46 miles 15 feet 600 s . ft. (0.01 acres) 9 3.71 miles 3.71 miles 15 feet 600 s . ft. (0.01 acres) Note- Site 1 and 3 will not require any earthen fill to be placed within the AEC. These two sites will only require sand fence placement and sprigging. - Beginning and ending measurements are taken from the ferry terminal at the northern end of the island. r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., secretary February 4, 2003 Mr. Clay Willis Environmental Officer N.C. Department of Transportation 113 Airport Road Edenton, NC 27932 Dear Mr. Willis: This letter is with reference to your application for a Coastal Area Management Act Major Development permit. The N.C. Department of Transportation is proposing to reconstruct primary dune in seven locations, totaling approximately 2378 lineal feet, with dredged spoil sand, over blown sand and over washed sand, adjacent to N.C. 12 and install sand fence on the ocean side of five of these reconstructed dunes. N.C. Department of Transportation is also proposing to install sand fence in two locations not proposed for reconstruction in Ocracoke, North Carolina in Hyde County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make April 14, 2003 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any questions on the status of your application, please do not hesitate to contact this office. Sincerely, Cathy Brittingham Transportation Project Coordinator cc: Bill Arlington, DCM DCM, Morehead City 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper C, � � GG4 I y 40 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR October 4, 2002 Mr. Bill Arrington Division of Coastal Management 151-B Highway 24 Heston Plaza II Morehead City, North Carolina 28557 Dear Mr. Arrington: LYNDo TIPPETT SECRETARY SUBJECT: Request for Comments for the Proposed NC 12 Interim Improvements to the Ocracoke Island Hot Spot, Hyde County, TIP No. R-3116A, State Project No. 8.1080901 The North Carolina Department of Transportation (NCDOT) is preparing an Environmental Assessment for proposed interim improvements to NC 12 on Ocracoke Island. The NEPA/404 merger process, which has been mutually adopted by the U.S. Army Corps of Engineers, the Federal Highway Administration, and the North Carolina Department of Transportation, will guide this study. This project is part of a larger project described in the Draft 2004 — 2010 Transportation Improvement Program (TIP) as "Ocracoke to South Terminal of Oregon Inlet Bridge Planning and Environmental Studies for Maintaining the Roadway, ID Number R-3116." This project (TIP R-3116A) covers only the interim work on the portion of NC 12 on Ocracoke Island. The North Carolina Department of Transportation (NCDOT) proposes to provide interim protection to an approximate four -mile section of NC 12 on Ocracoke Island for a period of up to 15 years, until a long-term solution to the road's vulnerability is implemented. The following paragraphs provide summary descriptions of the general characteristics of the project area, the project purpose and need, natural resources issues, and project schedule. General Characteristics of the Project Area The project area begins approximately one-half mile (0.8 kilometer) southwest of the Hatteras Ferry terminal and extends approximately four miles (6.4 kilometers). The entire project corridor is located in Hyde County, within the Cape Hatteras National Seashore. NC 12 is both an important transportation corridor and a threatened roadway. Beach erosion and severe storms continually decrease the distance between NC 12 and the Atlantic Ocean. The MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATK)N BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH W I MINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC RALEIGH NC 27699-1548 northeastern section of NC 12 on Ocracoke Island, beginning approximately one-half mile (0.8 kilometer) southwest of the Hatteras Ferry terminal, is frequently subjected to overwash, flooding, and closure during moderate to severe storm events. The erosion resulting from such storms has eliminated most of the dunes that protect the highway from overwash. Figure 1 illustrates the affects of storms on the roadway. Purpose and Need Purpose The purpose of the proposed action is to implement interim measures to maintain the integrity and viability of the transportation system (movement of people, goods, and services) with minimal interruption of traffic service due to a moderate storm event at the Ocracoke Island Hot Spot for a period of 10-15 years until a long-term solution is in place. Definition of terms Ocracoke Island Hot Spot: NC 12, beginning at a point approximately 4.5 miles (7.24 km) south of the Hatteras Ferry Terminal on Ocracoke Island and extending northward for approximately 4 miles (6.44 km). Moderate Storm: A Hurricane Dennis or Ash Wednesday equivalent storm. Figure 1. Aerial photograph showing the overwash of NC-12 on Ocracoke Island. Viability: Able to safely work to restore temporary access within 48 hours and ultimately to approximately the same level of service (July 2002). Summary of Need An approximate four -mile (6.4-kilometer) section of NC 12 on Ocracoke Island, immediately south of the Hatteras Ferry terminal, is vulnerable to frequent overwash and flooding from the Atlantic Ocean. When this occurs, this section of NC 12 is impassable, leaving the Village of Ocracoke, at the southwest end of the island, without access to Hatteras Island. The frequent overwash requires continual maintenance of the road and threatens the viability of the highway's current location. 2. NC 12 is the principal connection to the mainland for the 800 permanent residents of Ocracoke Island. Goods trucked to the island come via the Hatteras Ferry and NC 12. 3. Ocracoke Island is a popular vacation and tourist destination with approximately 300 rental houses and 2,500 commercial rooms available. Over 75 percent of the visitors to Ocracoke Island come onto the island via NC 12 and the Cape Hatteras ferry. 4. Visitors and residents rely on NC 12 and its connection with the Hatteras Ferry for evacuation during serious storm events. Natural Resources The project corridor is located on Ocracoke Island in the Outer Coastal Plain or Tidewater physiographic province of North Carolina. Ocracoke Island is one of a chain of barrier islands known as the Outer Banks that, in the vicinity of the project, separate the Atlantic Ocean from the Pamlico Sound. Ocracoke Island is separated from Portsmouth Island to the south by Ocracoke Inlet and from Hatteras Island to the north by Hatteras Inlet. The project area is a narrow, undeveloped section of barrier island characterized by bands of natural vegetation zonation oriented parallel with the ocean shoreline. A relatively unvegetated beach of fine sand extends from the surf zone up to the base of the primary dune system. This barren, supra -tidal beach zone varies in width from 50 to 150 feet in width. The primary dune line may reach a height of 30 feet, but is subject to constant reformation by wind and storm tides. The dunes vary in width from 50 to 150 feet and support scattered grass and herbaceous vegetation. Soundward the dunes is a field of low dunes grading to emergent shrub/marsh grass complex that extends west into the emergent estuarine marsh fringing the Pamlico Sound. Jurisdictional areas within the project corridor include salt marsh creeks, emergent salt marsh, emergent brackish marsh, and salt shrub assemblages. All jurisdictional areas within the project corridor are considered to be of high value. Natural Heritage Program (NHP) records indicate no documented occurrences of federally protected species within the project corridor. The nearest documented federally protected species are historic loggerhead sea turtle nests at two locations along the ocean beach adjacent to the east side of the project corridor. 4 fi National Seashore staff indicated that seabeach amaranth (Amaranthus pumilus) has occurred in the recent past on the ocean side of NC- 12 near the southern end of the project area. These plants were believed to have arrived in sand used by NCDOT to repair a protected dune line. These plants disappeared in 2001 as the result of ocean washover during a storm. No individuals of this species are currently known from the project corridor. NHP records indicate only one occurrence of a state listed species within the project corridor and eight occurrences of state listed species within one mile of the project corridor. The occurrence within the project corridor is beaked spikerush (Eleocharis rostellata), which is listed by the state as Significantly Rare. This occurrence is within 1,000 feet of the southern end of the project corridor on the sound side of NC-12. The spikerush typically occurs in brackish marsh, and brackish marsh occurs frequently within the project corridor. No beaked spikerush was observed during the site visit, but we conducted no detailed surveys for this species. An historic wading bird rookery occurrence is located approximately 500 feet from the southern end of the project corridor, on the sound side of NC-12, within an area known as the "pony pen." Prior to 1984, this rookery supported nesting great egrets (Ardea alba) and black - crowned night -herons (Nycticorax nycticorax). Neither of these species is state or federally listed; however, they are commonly associated with state listed species in nesting colonies. Project Schedule Interagency scoping for this project has taken place through the Outer Banks Task Force. In addition, the NEPA/404 Merger Team at a meet held on July 31 approved the project's Purpose and Need. This letter constitutes solicitation for scoping comments related to this project and notification of the start of the study. To allow us to evaluate fully the impacts of the proposed project, please'respond in writing by November 18, 2002, concerning any beneficial or adverse impacts related to the interests of your agency. If applicable, please identify any permits or approvals that may be required by your agency. The contractor is currently conducting a vulnerability study within the project corridor to model the potential impacts of future storms on the road. Following the vulnerability study, the next step in the study process will be to select one or more alternatives for further study. The target completion date for the federal Environmental Assessment is July 2004. If you have any questions concerning this project, please contact Mr. John Wadsworth, Project Development Engineer, at (919) 733-7844, extension 209. Thank you for your cooperation. Sincerely, regor Thorpe, Ph.D. Environmental Management Director, PDEA GJT/plr Attachment