Loading...
HomeMy WebLinkAboutNCDOT 106-12 Minor Mod 2022 B2500-A Permit Class Permit Number MODIFICATION/MINOR 106-12 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission trtrnt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C.Department of Transportation Division One, 113 Airport Drive,Edenton,NC 27932 Authorizing development in Dare County at Atlantic Ocean,NC Highway 12, Pea Island National Wildlife Refuge , as requested in the permittee's application letter dated 12/14/21, including attached workplan drawings (4): 1 dated 11/8/21: and 3 dated 12/2/21, & AEC Hazard Notice dated 12/14/21. This permit, issued on January 12,2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action;or may cause the permit to be null and void. 1) Unless specifically altered herein, this Minor Modification authorizes management of intertidal pools to maintain suitable habitat conditions for migratory birds and other federal trust species on the Pea Island National Wildlife Refuge (PINWR) in the area adjacent to the Oregon Inlet Terminal Groin, including excavation of sandy material to restore open water habitat and placement of the excavated material on two deposition areas, all as depicted on the attached workplan drawings. NOTE: The specific development being permitted does not preclude the remainder of the B-2500 project being built in the Pamlico Sound provided that future development will be constructed in a way that avoids and minimizes impacts to AECs. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the Chair other qualified persons within twenty (20) days of the issuing of the Coastal Resources Commission. date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. /74164A4.6.4"(0/- Any maintenance work or project modification not covered Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. No expiration date, pursuant to GS 136-44.7B In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee N.C. Department of Transportation Permit#106-12 Page 2 of 3 ADDITIONAL CONDITIONS 2) In order to protect sea turtle and shorebird populations, no work shall be conducted on the beach or forward of the dunes during the sea turtle and piping plover nesting season from April 1st to November 15th of any year without prior approval from the N.C. Division of Coastal Management(DCM) in coordination with the USFWS and the N.C. Wildlife Resources Commission. 3) The permittee shall ensure that all material that is placed on the two deposition areas is clean and free of any foreign material, that it is compatible with the general characteristics of the native sandy material in the areas in which it is to be placed, and that it conforms to any requirements of the USFWS. Should the excavation operations encounter sand that may not be compatible,the permittee shall immediately cease operations and contact DCM and USFWS to resolve the issue of compatibility. 4) Nothing in this permit authorizes any activity that has not received approval from the United States Fish and Wildlife Service (USFWS) for work within PINWR. 5) No stable natural vegetation shall be impacted outside of the work areas indicated on the attached workplan drawings. All work shall be accomplished in such a manner that damage to existing vegetation is minimized. 6) In accordance with commitments made by the permittee, sand placed in the two deposition areas shall not impact permanent vegetation. 7) The authorized activities shall not result in impacts to the existing dune system that would weaken the protective values of these dune systems. 8) The temporary placement and double handling of any excavated or fill material within waters or vegetated wetlands is not authorized. 9) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State. General 10) The permittee and/or its contractor shall provide for proper storage and handling of all oils, chemicals, etc., necessary to carry out the project. 11) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in t. Elizabeth City at 252-264-3901 to request a preconstruction conference prior to project initiation. 12) If it is determined that additional permanent and/or temporary impacts are necessary that are not shown on the attached workplan drawings or described in the authorized permit application, a permit modification and/or additional authorization from DCM may be required. In addition, any changes in the approved plan may also require a permit modification and/or additional authorization from DCM. The permittee shall contact a representative of DCM prior to commencement of any such activity for this determination and any permit modification. 1011101101llIIIlfleeeeooeo-eeeeeee floor, -0eceeeeoeeeeoeeeeooeweeeeoeeedeeeoeeeveeeeeeeaeeoeeeeeeoeeo %SIM• N.C. Department of Transportation Permit#106-12 Page 3 of 3 ADDITIONAL CONDITIONS 13) The permittee shall exercise all available precautions in the day-to-day operations of the facility to prevent waste from entering the adjacent waters and wetlands. 14) The N.C. Division of Water Resources (DWR) authorized the proposed project on 1/10/20 (DWR Project No. 20081371 v. 3) under General Water Quality Certification No. 4134. Any violation of the Certification approved by DWR shall be considered a violation of this CAMA permit. 15) The U.S. Army Corps of Engineers (USACE) authorized the proposed project under Nationwide Permit Number 27 (COE Action ID No. SAW-2020-00029),which was issued on 1/8/20. All depositional material removed from the excavated areas shall be placed in upland areas and work shall be performed before the expiration date of the USACE permit on 3/18/22. 16) This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. 17) Development authorized by this permit shall only be conducted on lands owned by NCDOT and/or its right-of-ways and/or easements and/or on federal lands with federal authorization. 18) This Minor Modification shall be attached to the original of Permit No. 106-12, which was issued on 9/19/12, as well as all subsequent modifications, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 19) All conditions and stipulations of the active permit remain in force under this Minor Modification unless altered herein. NOTE: The activities authorized by this Minor Modification are required by the Easement dated August 8, 2012 issued by the USFWS to the N.C. Department of Transportation(NCDOT)to use wildlife refuge lands for the retention of the existing terminal groin and connected revetments on the northern terminus of PINWR. NOTE: All of the authorized activities are proposed above Normal High Water as determined by the N.C. Division of Coastal Management(DCM) during a field review on September 21, 2021. NOTE: This project will excavate approximately 24,697 cubic yards of sandy material to restore approximately 3.06 acres of open water intertidal pools. NOTE: A minor modification application processing fee of$100 was received by DCM for this project. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J.ERic BOYE 1 1'E GOVERNOR SECRETARY December 14, 2021 Greg Daisy NC Division of Coastal Management 401 S.Griffin St.,Ste.300 Elizabeth City,NC 27909 Subject: Request for modification of CAMA Permit No. 106-12 for sand mining behind the Oregon Inlet Terminal Groin in Dare County.B-2500 Project-WBS#32635.1.4 Dear Mr.Daisey, The North Carolina Department of Transportation is requesting the modification of CAMA Permit No. 106-12 to authorize the mining of sand behind the terminal groin at Oregon Inlet. As part of the Easement for the Terminal Groin on Pea Island National Wildlife Refuge, NCDOT is required to manage the habitat near the groin when the open water intertidal pool(s) are less than one-acre in size. This is stipulated on page 8 of the attached Easement. Currently, the pools in the area have filled in and this habitat management is triggered under the Easement. The mining was previously authorized in the winter of 2020 under a Minor Modification of the CAMA Permit No. 106-12 dated 1/8/2020. In coordination with Refuge personnel,NCDOT proposes to excavate 5 pools to a depth of 5 feet below the surface,creating approximately a total of 3.062 acres of open water. Approx. 1.866 acres(15,041 cu.yards)of 404 waters and 1.196 acres(9,656 cu.yards)of uplands will be excavated. Approx.24,697 cu.yards of sand will be deposited adjacent to the site in 2 deposition areas,as shown on the map. This work would need to take place before February 15th,2020 to not impact migratory bird nesting and foraging areas. Work would be accomplished using an excavator,off road truck(s),and a dozer. A map of the site plan,including the access route from Lifeboat Station Road,is included in the packet. This is the same excavation that occurred in the winter of 2020 but with an additional deposition area. _ The Easement for the Terminal Groin was granted to protect the existing bridge and new bridge over Oregon Inlet. As such,NCDOT requests a modification to the existing Major Permit for the B-2500 Project to authorize this project. Included with this letter are permit drawings,Ocean Hazard AEC Notice,and the recorded easement. A Special Use Permit application has been submitted to the US Fish and Wildlife Service and will be provided to you when issued. A Nationwide Permit 27 and corresponding 401 Certification were issued in January 2020 and are currently active and authorize the project for the Corps and NCDWR. Marling Address: Telephone:(252)482-1850 Location: NC DEPARTMENT OF TRANSPORTATION Fax:(252)482-8722 113 AIRPORT DRIVE,SUITE 100 DIVISION ONE Customer Service: 1-877-3684968 EDENTON,NC 27932 113 AIRPORT DRIVE,SUITE 100 EDENTON,NC 27932 Website:www.ncdot.gov If you have questions or need additional information,please contact me at pcwilliams2c ncdot.gov or(252)482-1861. If necessary,the permit fee can be charged to WBS #32635.1.4. Sincerely, Sterling Baker,P.E. Division One Engineer i 4A Paul Williams Division One Environmental Officer OCEAN HAZARD AEC NOTICE Project is in an: X Ocean Erodible Area Inlet Hazard Area Property Owner: NC Department of Transportation Property Address: Oregon Inlet- Pea Island National Wildlife Refuge near Terminal Groin and old USCG Station Date Lot Was Platted: N/A This notice is intended to make you,the applicant,aware of the special risks and conditions associated with development in this SPECIAL NOTE: This hazard notice is required for area,which is subject to natural hazards such as storms, erosion development in areas subject to sudden and massive storms and and currents. The rules of the Coastal Resources Commission erosion. Permits issued for development in this area expire on require that you receive an AEC Hazard Notice and acknowledge December 31 of the third year following the year in which the that notice in writing before a permit for development can be permit was issued.Shortly before work begins on the project site, issued. the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If the property The Commission's rules on building standards, oceanfront has seen little change since the time of permit issuance, and the setbacks and dune alterations are designed to minimize, but not proposed development can still meet the setback requirement,the eliminate, property loss from hazards. By granting permits, the LPO will inform you that you may begin work. Substantial Coastal Resources Commission does not guarantee the safety of progress on the project must be made within 60 days of this the development and assumes no liability for future damage to the setback determination,or the setback must be re-measured.Also, development. Permits issued in the Ocean Hazard Area of the occurrence of a major shoreline change as the result of a storm Environmental Concern include the condition that structures be within the 60-day period will necessitate re-measurement of the relocated or dismantled if they become imminently threatened by setback. It is important that you check with the LPO before the changes in shoreline configuration. The structure(s) must be permit expires for official approval to continue the work after the relocated or dismantled within two (2) years of becoming permit has expired. Generally, if foundation pilings have been imminently threatened, and in any case upon its collapse or placed and substantial progress is continuing,permit renewal can subsidence. be authorized. It is unlawful to continue work after permit expiration. The best available information,as accepted by the Coastal Resources Commission, indicates that the annual long-term For more information,contact: average ocean erosion rate for the area where your property is located is 9.7-22.1feet per year. Greg Daisey The rate was established by careful analysis of aerial photographs Local Permit Officer of the coastline taken over the past 50 years. 401 S.Griffin St.,Suite 300,Elizabeth City,NC 27909 The flood waters in a major storm are predicted to be about 8-12 feet deep in this area. Address Preferred oceanfront protection measures are beach nourishment Division of Coastal Management—Elizabeth City and relocation of threatened structures. Hard erosion control structures such as bulkheads,seawalls,revetments,groins,jetties Locality and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. 252-264-3901,ext.249 The applicant must acknowledge this information and requirements by signing this notice in the space below. Without Phone Number the proper signature,the application will not be complete. ,Y/ „„.a.Environmental officer Dec 14, 2021 Property Owner's Signature Date Revised October 2016 • • BEFORE YOU BUILD Setting Back for Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront,you take a calculated risk. The beachfront is an ever-changing landform. The beach and the Natural forces of water and wind collide with tons of force,even dunes are natural "shock absorbers," taking the beating of the on calm days. wind and waves and protecting the inland areas. By incorporating building setbacks into the regulations,you have a good chance of Man-made structures cannot be guaranteed to survive the force of enjoying the full life of the structure. At first, it seems very a hurricane.Long-term erosion(or barrier island migration)may inviting to build your dream house as close to the beach as take from two to ten feet of the beach each year, and, sooner or possible,but in five years you could find the dream has become a later, will threaten oceanfront structures. These are the facts of nightmare as high tides and storm tides threaten your investment. life for oceanfront property owners. The Exception The Coastal Resources Commission(CRC)has adopted rules for The Coastal Resources Commission recognized that these rules, building along the oceanfront.The rules are intended to avoid an initially passed in June 1979, might prove a hardship for some unreasonable risk to life and property, and to limit public and property owners. Therefore,they established an exception for lots private losses from storm and long-term erosion. These rules that cannot meet the setback requirement. The exception allows lessen but do not eliminate the element of risk in oceanfront buildings in front of the current setback, if the following development. conditions apply: As you consider building along the oceanfront, the CRC wants 1) the lot must have been platted as of June 1, 1979,and is you to understand the rules and the risks. With this knowledge, not capable of being enlarged by combining with you can make a more informed decision about where and how to adjoining land under the same ownership; build in the coastal area. 2) development must be constructed as far back on the property as possible and in no case less than 60 feet The Rules landward of the vegetation line; When you build along the oceanfront, coastal management rules 3) no development can take place on the frontal dune; require that the structure be sited to fit safely into the beach 4) special construction standards on piling depth and environment. square footage must be met;and 5) all other CAMA, state and local regulations must be Structures along the oceanfront,less than 5,000 square feet in size, met. must be behind the frontal dune, landward of the crest of the primary dune, and set back from the first line of stable natural The exception is not available in the Inlet Hazard Area. vegetation a distance equal to 30 times the annual erosion rate(a minimum of 60 feet).The setback calculation increases as the size To determine eligibility for the exception the Local Permit of the structure increases [15A NCAC 7H.0306(a)(2)]. For Officer will make these measurements and observations: example:A structure between 5,000 and 10,000 square feet would require a setback from the first line of stable,natural vegetation to required setback from vegetation line a distance equal to 60 times the annual erosion rate(a minimum of 120 feet).The graduated setback continues to increase through exception setback(maximum feasible) structure sizes greater than 100,000 square feet. rear property line setback max.allowable square footage on lowest floor PRE PERMIT STRUCTURE,INADEQUATE SETBACK PERMITTED STRUCTURE, PRE STORM BEACH PROFILE ADEQUATE POST-STORM BEACH PROFILE SETBACK ONE YEAR AFTER STORM/BEACH REBUILDING The Reasons After the storm, the house on the dune will be gone. The other house has a much better chance of survival. Terminal Groin Mining 2022 N' Pea Island National Wildlife Refuge Dare County Quad Name Oregon Inlet DCM Normal High Water (5)80 ft.wide ponds with 40 ft.of separation _ Total Area:3.062 acres(133,365 sq.ft.) Excavation Depth:5 ft. _ 404 Waters Impact:1.866 acres(81,221 sq.ft.) 404 Waters exc.volume:15,041 cubic yards r- • Upland Impact:1.196 acres(52,144 sq.ft.) . ,. Upland exc.volume:9,656 cubic yards 37 'long i 350'I. g a 1 { 350' ong "!1k 404 Wetlands ,/ 35,'long Deposition Area 1 -a rt \ Approx.2.36 acres 300'I. . , ,' Y 4 t+ti 0)1'jl �1 �. Equipment \\ • I�. / ' Access 404 Waters DCM First Line of Stable Vegetation K.. �: �� Property of -w, State of NC / Legend 4• ;'., -Equipment_Access a_ry� . Pedestrian . ', \\\< +b : - Access -Pedestnan_Access - CAMA_Veg_polyhne � ' -+� //) s. f "- -NHWL_polyline - ` \ 4 • \ Deposition Area 2 Deposition Boundary 2 - +' � x Approx.3.47 acres 1=I 404 ., • ••74/' ' lb' '''( 1111 Mining Area t r/4 Deposition_Boundary - ..',�.- °• pi Elevation Reference 35.7678904° t T, I I Parcels -75.5218251° . f CO01-Ph'otogrammetry Unit,PartiOpating N6 Counties,NCC.A,NC OneMap I,3 4.7A 0 1,000 2,000 Feet Date:11/8/2021 I I I I I Aerial Photo 6/2021 OREGON INLET MINING 2022 TYPICAL CROSS SECTION DEPOSITION AREA 1 OCEAN APPROX. 12'ABOVE BEACH ELEVATION APPROX.2 FT. APPROX.2 FT. EXISTING VEGETATED 7 J 1/\\7�"!"// J\\C[''//DUNE \\IIICCCy// r BEACH A DEPOSITION DEPOSITION BOUNDARY BOUNDARY LAT: 35.770656° LONG: -75.523281° NC DEPT.OF TRANSPORTATION COUNTY: DARE QUAD: OREGON INLET BASIN: PASQUOTANK 4 0 0 4 0 PROJECT: SAND MINING • • • • ■ NOTE: SAND PLACED IN DEPOSITION AREA WBS #: 32635.3.5 • • • • SCALE: 1" = 40' WILL NOT IMPACT PERMANENT VEGETATION. DATE: 122/2021 DRAWN BY: PAUL WILLIAMS OREGON INLET MINING 2022 TYPICAL CROSS SECTION DEPOSITION AREA 2 C OCEAN EXISTING VEGETATED EXISTING VEGETATED AREAS AREAS J I .. BEACH ................................................... ....:• • DEPOSITION .......................... BOUNDARY DEPOSITION BOUNDARY APPROX.3 FT.DEEP LAT: 35.7678904° LONG: -75.5218251° NC DEPT.OF TRANSPORTATION COUNTY: DARE QUAD: OREGON INLET BASIN: PASQUOTANK 4 O O 4 O PROJECT: SAND MINING NOTE: SAND PLACED IN DEPOSITION AREA WBS #: 32635.3 SAND.5 SCALE: l" = 40' WILL NOT IMPACT PERMANENT VEGETATION. DATE: 12/22021 DRAWN BY: PAUL WILLIAMS OREGON INLET MINING 2022 TYPICAL CROSS SECTION EXCAVATION OCEAN E -- - 80 FT. EXISTING SAND FLAT \ 2:1 APPROX. 5 FT. 2:1 A SAND EXCAVATED LAT: 35.771825° LONG: -75.524806° NC DEPT.OF TRANSPORTATION COUNTY: DARE QUAD: OREGON INLET BASIN: PASQUOTANK NOTE: 5 PONDS TO BE EXCAVATED TO APPROX. 5 FEET PROJECT: SAND MINING 10 0 0 WBS #: 32635.3.5 • • • • • BELOW THE SAND FLAT ELEVATION. APPROX. 24.700 YARDS SCALE: I" = 10' • • • • • DATE: 122/2021 OF SAND TO BE EXCAVATED. DRAWN BY: PAUL WILLIAMS ROYGover COOPER �;�; -- m d ELIZABETH S.BISER 1.,,.� , ,�„„,,,,w , Secretary (5','vunn, BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality January 31, 2022 N.C. Department of Tr ansportation ransportat>on Division One pp, 113 Airport Drive Edenton,NC 27932 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The yr original (buff-colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS - _ .. - 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,NC 27611-6714, (919) 733-2698 within twenty(20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty(20)days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work - must be carried out in accordance with your application. Modifications,time extensions, and future . - maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincere, Jonathan Howell 6.41( Major Permits Manager N.C. Division of Coastal Management Enclosure North Carolina Department of Environmental Quality I Division of Coastal Management DE �� Morehead City Office 1400 Commerce Avenue I Moorehead City.North Carolina 28557 nroan1 caRol INA Department of Environmental C1.1111, / 252.808.2808 Brittingham, Cathy From: Brittingham, Cathy Sent: Wednesday, February 2, 2022 5:45 PM To: SVC_DEQ.DCM_Accounting Cc: Daisey, Greg Subject: Debit memo permit fee, 106-12, Minor Modification, Habitat Management adjacent to Oregon Inlet Terminal Groin Attachments: DOT PERMIT FEE BILLING REQUEST.doc Hello, Please see attached. Please let me or Greg Daisey know if you have any questions or concerns. Sincerely, Cathy Cathy Brittingham,Transportation Project Coordinator N.C. Division of Coastal Management (919)707-9149 phone cathy.brittingham@ncdenr.gov Mailing Address: c/o DWR Transportation Permitting Unit 1617 Mail Service Center Raleigh,NC 27699-1617 Physical Address: 512 North Salisbury Street Archdale Building 12th Floor, Room 1204C Raleigh,NC 27604 Please visit https://dea.nc.uov/about/divisions/coastal-management/for more information about the N.C.Division of Coastal Management. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 DOT PERMIT FEE BILLING REQUEST Date: 2/2/22 To: Jessica Gibson and Ellie Davis, SVC_DEQ.DCM_Accounting <DCM Accounting@ncdenr.gov> CC: Greg Daisey From: Cathy Brittingham Transfer Amount: $100.00 Project Description: Management of intertidal pools to maintain suitable habitat conditions for migratory birds and other federal trust species on the Pea Island National Wildlife Refuge (PINWR) in the area adjacent to the Oregon Inlet Terminal Groin, including excavation of sandy material to restore open water habitat and placement of the excavated material on two deposition areas Project Location: North end of Pea Island, Dare County DCM Permit Type,Number and Issue Date: Minor Modification, Permit 106-12, issued 1/12/22 Fee Division if Applicable: (record amounts to be split with DWR, if applicable) DCM: 100% DWR: 0% WBS Element Number: 32635.1.4 Brittingham, Cathy From: Brittingham, Cathy Sent: Thur day, December 16, 021 4:59 PM To: n, Travis W.; a cca_harrison (rebecca_harrison@fws.gov); Kyl arnes; r , Garcy;Jordan, Gary Cc: Daisey, Greg Subject: CAMA Permit No. 106-12 Modification Request - Habitat management adjacent to the Oregon Inlet Terminal Groin Attachments: CAMA Letter - Terminal Groin Mining - 12-2021.pdf; Cross Section - Deposition Area 1.pdf; Cross Section - Deposition Area 2.pdf; Cross Section - Excavation.pdf; Groin Mining 2022.pdf; SAW-2020-00029 NCDOT Oregon Inlet Terminal Groin Mining.pdf; 20081371 v.3 approval letter.docx.pdf; B-2500 USFWS Easement to NCDOT for Terminal Groin Aug 15 2012.pdf; Request for permit comments 2021.docx Hello, Attached for your review please find eight pdf files that constitute a request from NCDOT for a modification of existing CAMA Major Permit 106-12 which was issued on September 19, 2012 for TIP B-2500 in Dare County. The request is to repeat habitat management of open water intertidal pools adjacent to the Oregon Inlet Terminal Groin, including addition of a second deposition area. Also attached please find a form in WORD for you to indicate your agency's position or viewpoint on the proposed project. Please respond by e-mail and/or return this form ASAP to Cathy Brittingham at cathy.brittingham@ncdenr.gov. When appropriate, in-depth comments with supporting data are requested. If you have any questions about the proposed project, please contact Cathy Brittingham at cathy.brittingham@ncdenr.gov or Greg Daisey at greg.daisey@ncdenr.gov. Sincerely, Cathy Brittingham Cathy Brittingham, Transportation Project Coordinator N.C. Division of Coastal Management (919)707-9149 phone cathy.brittingham@ncdenr.gov Mailing Address: c/o DWR Transportation Permitting Unit 1617 Mail Service Center Raleigh,NC 27699-1617 Physical Address: 512 North Salisbury Street Archdale Building 12`'Floor, Room 1204C 1 Raleigh,NC 27604 Please visit https://deq.nc.gov/about/divisions/coastal-management/for more information about the N.C. Division of Coastal Management. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Williams, Paul C<pcwilliams2@ncdot.gov> Sent:Tuesday, December 14, 2021 4:12 PM To: Daisey, Greg<Greg.Daisey@ncdenr.gov> Cc: Brittingham, Cathy<cathy.brittingham@ncdenr.gov>; Howell,Jonathan <jonathan.howell@ncdenr.gov> Subject: CAMA Permit No. 106-12 Modification Request-Terminal Groin Mining Greg, Please see the attached documents for the permit modification request for mining the Oregon Inlet Terminal Groin. Thanks, Paul C. Williams,Jr. Division Environmental Officer Division One NC Department of Transportation (252)482-1861 office (252) 333-9812 mobile (252)482-8722 fax pcwilliams2ancdot.Qov 113 Airport Dr. Suite 100 Edenton, NC 27932 ri ii- f Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 2 S ROY COOPER ,;, = Governor ELIZABETH S.BISER Secretory . ,E avAM vivo ` BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM DATE: December 16, 2021 FROM: Cathy Brittingham,DCM Transportation Project Coordinator SUBJECT: CAMA Application Review—request for modification of CAMA Major Permit 106-12 Applicant: N.C. Department of Transportation Division One Project Location: Pea Island National Wildlife Refuge, adjacent to the Oregon Inlet Terminal Groin, TIP B-2500 Phase I, Replacement of Herbert C. Bonner Bridge over Oregon Inlet on NC Highway 12,Dare County Proposed Project: Repeat habitat Management of open water intertidal pools as required by the Easement for the Terminal Groin on Pea Island National Wildlife Refuge, including addition of a second deposition area. Please indicate below your agency's position or viewpoint on the proposed project and return this form ASAP to Cathy Brittingham by e-mail at cathy.brittingham@ncdenr.gov. If you have any questions regarding the proposed project, please contact Cathy Brittingham at cathy.brittingham@ncdenr.gov or Greg Daisey at Greg.daisey@ncdenr.gov. When appropriate, in-depth comments with supporting data are requested. REPLY _This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached memo. PRINT NAME AGENCY SIGNATURE DATE D E�.,_ North Carolina Department of Environmental Quality I Division oif Coastal Management 'djl� DWR Wetlands Unit 1512 North Salisbury Street 11617 Mail Service Center I Raleigh North Carolina 27699-1617 NORTH GAHOI INA n.p.m.,n°'Environmental Wain /." 919.707.9149 Brittingham, Cathy From: Harrison, Rebecca <rebecca_harrison@fws.gov> Sent: Friday, December 17, 2021 6:36 AM To: Brittingham, Cathy; Wilson, Travis W.; Kyle Barnes;Ward, Garcy;Jordan, Gary; Lanier, Scott; rebekah_p_martin@fws.gov; Beyer, Arthur Cc: Daisey, Greg Subject: Re: [EXTERNAL] CAMA Permit No. 106-12 Modification Request - Habitat management adjacent to the Oregon Inlet Terminal Groin Attachments: USFWS concurrence DOT CAMA mod PINWR 20211217.pdf CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Hi Cathy, Thanks for the review and sharing. I've attached a signed document supporting this request. The Refuge looks forward to this work and we appreciate the continued collaboration. Please let me know if I can support these efforts in any other way. Thank you, Becky Becky Bartel Harrison, PhD I she/her I Supervisory Wildlife Biologist U.S. Fish &Wildlife Service Alligator River and Pea Island National Wildlife Refuges I Coastal NC Wildlife Refuge Complex 100 Conservation Way I Manteo, North Carolina 27954 From: Brittingham, Cathy<cathy.brittingham@ncdenr.gov> Sent:Thursday, December 16, 2021 4:59 PM To:Wilson,Travis W. <travis.wilson@ncwildlife.org>; Harrison, Rebecca <rebecca_harrison@fws.gov>; Kyle Barnes <kyle.w.barnes@usace.army.mil>; Ward, Garcy<garcy.ward@ncdenr.gov>;Jordan, Gary<garyjordan@fws.gov> Cc: Daisey, Greg<Greg.Daisey@ncdenr.gov> Subject: [EXTERNAL] CAMA Permit No. 106-12 Modification Request- Habitat management adjacent to the Oregon Inlet Terminal Groin This email has been received from outside of DOI -Use caution before clicking on links,opening attachments,or responding. Hello, w . • . ,,..sLVFQ . ROY COOPER 0 Governor 1 ELIZABETH S.BISER Secretary `es QU M BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM DATE: December 16, 2021 FROM: Cathy Brittingham,DCM Transportation Project Coordinator SUBJECT: CAMA Application Review—request for modification of CAMA Major Permit 106-12 Applicant: N.C. Department of Transportation Division One Project Location: Pea Island National Wildlife Refuge, adjacent to the Oregon Inlet Terminal Groin, TIP B-2500 Phase I, Replacement of Herbert C. Bonner Bridge over Oregon Inlet on NC Highway 12, Dare County Proposed Project: Repeat habitat Management of open water intertidal pools as required by the Easement for the Terminal Groin on Pea Island National Wildlife Refuge, including addition of a second deposition area. Please indicate below your agency's position or viewpoint on the proposed project and return this form ASAP to Cathy Brittingham by e-mail at cathy.brittingham@ncdenr.gov. If you have any questions regarding the proposed project,please contact Cathy Brittingham at cathy.brittingham@ncdenr.gov or Greg Daisey at Greg.daisey@ncdenr.gov. When appropriate, in-depth comments with supporting data are requested. REPLY X This agency has no objection to the project as proposed. This agency has no comment on the proposed project. _This agency approves of the project,only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached memo. PRINT NAME 1:2t.louea tv -36 L- AGENCY U- . F i 4- w l 14 I ;f reivi �����C-1C SIGNATURE --,1 ? DATE /211/1202/ Q Carolina Departmentme Quality I Coastal Mment D �/ DWRNorth Wetlands Unit 1512 North ofEnviron Salisbury Streetntal I1617 Mail Division Serviceof Center I Management North Carolina 27699-1617 NOR CAHOI INA °•1.^met a gnvItonalanbi 04.10 919.707.9149 1 31,cSTAT£gA• ' 'yY]U. s ROY COOPER r` - -el , Governor -. ELIZABETH S.BISER Secretary t�aWw BRAXTON DAVIS NORTH CAROLINA Director Environmental Qualify I MEMORANDUM a DATE: December 16, 2021 FROM: Cathy Brittingham,DCM Transportation Project Coordinator i SUBJECT: CAMA Application Review—request for modification of CAMA Major Permit 106-12 1 Applicant: N.C. Department of Transportation Division One t Project Location: Pea Island National Wildlife Refuge, adjacent to the Oregon Inlet Terminal Groin, TIP B-2500 Phase I,Replacement of Herbert C. Bonner Bridge over Oregon Inlet on NC Highway 12,Dare County g Proposed Project: Repeat habitat Management of open water intertidal pools as required by the Easement for the Terminal Groin on Pea Island National Wildlife Refuge,including addition of a second deposition area. Please indicate below your agency's position or viewpoint on the proposed project and return this form ASAP to Cathy Brittingham by e-mail at cathy.brittingham@ncdenr.gov. If you have any questions regarding the f proposed project,please contact Cathy Brittingham at cathy.brittingham@ncdenr.gov or Greg Daisey at Gre .daise ncdenr. ov. When appropriate, in-de th comments with supporting data are requested. g Y@ gp pP g q REPLY This agency has no objection to the project as proposed. y. This agency has no comment on the proposed project. 1 This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached memo. I 1 PRINT NAME /�}'CC>`- �� \,,,� 3 AGENCY ' v C- -� SIGNATURE � ` DATE 7/ao), 1 I jpEorrolinaQ� Wlands Unit 1512 North Salisbury Street 11617 Mall Servicerth Carolina 2769917gB1 ° 919.707.9149 V 1 a 1 -,A SIATE o , ROY COOPER (''''' - Governor pr r �� ELIZABETH S. BISER ?'� Secretary .�aLw ¢ BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM DATE: December 16, 2021 FROM: Cathy Brittingham,DCM Transportation Project Coordinator SUBJECT: CAMA Application Review— request for modification of CAMA Major Permit 106-12 Applicant: N.C. Department of Transportation Division One Project Location: Pea Island National Wildlife Refuge, adjacent to the Oregon Inlet Terminal Groin, TIP B-2500 Phase I, Replacement of Herbert C. Bonner Bridge over Oregon Inlet on NC Highway 12, Dare County Proposed Project: Repeat habitat Management of open water intertidal pools as required by the Easement for the Terminal Groin on Pea Island National Wildlife Refuge, including addition of a second deposition area. Please indicate below your agency's position or viewpoint on the proposed project and return this form ASAP to Cathy Brittingham by e-mail at cathy.brittingham@ncdenr.gov. If you have any questions regarding the proposed project,please contact Cathy Brittingham at cathy.brittingham@ncdenr.gov or Greg Daisey at Greg.daisey@ncdenr.gov. When appropriate, in-depth comments with supporting data are requested. REPLY _This agency has no objection to the project as proposed. This agency has no comment on the proposed project. X This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached memo. PRINT NAME Kyle Barnes AGENCY USACE SIGNATURE J CA ,iL DATE December 20, 2021 D_E North Carolina Department of Environmental Qual1ity Division of Coastal Management DWR Wetlands Unit 1512 North Salisbury Street 1617 Mail Service Center I North Carolina 27699-1617 d awd /� 919.707.9149 This project received a permit from the US Army Corps of Engineers,(USACE),to conduct ecological restoration utilizing a Nationwide Permit#27 on January 8,2020. This permit is good through March 18,2022. The USACE has no objections to the current project as proposed as long as all depositional material removed from the excavated areas is placed in upland areas and work is performed before the expiration date of March 18,2022. CI� , North Carolina Department ro Quali I Mm DWR Wetlands Unit 1512 NorthofEnvi Salisburynmental Street 11617ty MailDivision Service of CenterCoastal I Raleighanage ent,North Carolina 27699-1617 "+M^w" ^^..miw t. 919.707.9149 • U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00029 County: Dare County U.S.G.S.Quad:Oregon Inlet GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Permittee: Paul Williams NCDOT Division 1 Address: 113 Airport Drive Edenton NC,27932 Telephone Number: (252)482-1861 Size(acres) Nearest Town Nags Head, Nearest Waterway Atlantic Ocean River Basin Albemarle-Chowan USGS HUC 03010205 Coordinates Latitude:35.770669 Longitude:-75.524791 Location description: The project area is due south of the Oregon Inlet terminal groin adiacent to the Atlantic Ocean. Description of projects area and activity: The project involves the construction of five pools that are 80'wide ranging from 300' to 375'long by 5'deep with 40'separations.The spoil will be stockpiled in a designated upland area.Approximately 24,697 cubic yards of sand will be excavated during construction.The project will provide habitat for migratory birds and other species that frequent the Pea Island National Wildlife Refuge. Applicable Law: ® Section 404(Clean Water Act,33 USC 1344) ❑ Section 10(Rivers and Harbors Act,33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number:27 SEE ATTACHED RGP or NWP GENERAL,REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated December 17,2019.Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,a restoration order,a Class I administrative penalty,and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified,this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify,suspend or revoke the authorization. Activities subject to Section 404 (as indicated above)may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources(telephone 919-807-6300)to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C.Division of Coastal Management in Elizabeth City,NC,at(252)264-3901. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,please contact Kyle Barn s at(910 251-4584 or Kvle.W.Barnes(aiusace.armv.mil. Corps Regulatory Official: OU` A-- Date: January 8,2020 Expiration Date of Verification: arch 18,2022 • A.Determination of Jurisdiction: 1. ® There are waters,including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331). However,you may request an approved JD,which is an appealable action,by contacting the Corps district for further instruction. Please note,if work is authorized by either a general or nationwide permit,and you wish to request an appeal of an approved JD,the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. El There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403)and Section 404 of the Clean Water Act(CWA)(33 USC§1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters,including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC§1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ❑ A jurisdiction determination was not completed with this request. Therefore,this is not an appealable action. However,you may request an approved JD, which is an appealable action,by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID:SAW- B.Basis For Jurisdictional Determination: The waters and wetlands within the project area flow directly to the Atlantic Ocean,a TNW. C.Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps'Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. E.Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin,Appeal Review Officer 60 Forsyth Street SW,Room 10M15 Atlanta,Georgia 30303-8801 Phone:(404)562-5137 In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by N/A. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: K Barnes Date of JD: January 8,2020 Expiration Date of JD:N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete our Customer Satisfaction Survey,located online at http://corpsmapu.usace.armv.mil/cm apex/f?p=136:4:0. SAW-2020-00029 Action ID Number: SAW-2020-00029 County: Dare County Permittee: Paul Williams NCDOT Division 1 Project Name: NCDOT Oregon Inlet Terminal Groin Mining Date Verification Issued: January 8, 2020 Project Manager: Kyle Barnes Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Kyle Barnes Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit,and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND , Applicant: Paul Williams NCDOT Division I L File Number: SAW-2020-00029 Date:January 8,2020 Attached is: See Section below INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A [ PROFFERED PERMIT(Standard Permit or Letter of permission) B [ PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D I_ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:(a)modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. • I r E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD (which may be appealed),by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer,Wilmington Regulatory Division, Mr.Philip Shannin,Administrative Appeal Review Officer Attn: Kyle Barnes CESAD-PDO 2407 West 5th Street U.S.Army Corps of Engineers,South Atlantic Division Washington,North Carolina 27889 60 Forsyth Street,Room 10M15 Atlanta,Georgia 30303-8801 Phone:(404)562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation,and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer,Wilmington Regulatory Division,Attn: Kyle Barnes,2407 West 5th Street Washington,North Carolina 27889 For Permit denials,Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn: Mr.Philip Shannin,Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801 Phone:(404)562-5137 (,,s, ROY COOPERGovernor i ; . ELIZABETH S.BISERSecretary ` cw. `.0 - BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM DATE: December 16, 2021 FROM: Cathy Brittingham, DCM Transportation Project Coordinator SUBJECT: CAMA Application Review—request for modification of CAMA Major Permit 106-12 Applicant: N.C. Department of Transportation Division One Project Location: Pea Island National Wildlife Refuge, adjacent to the Oregon Inlet Terminal Groin, TIP B-2500 Phase I, Replacement of Herbert C. Bonner Bridge over Oregon Inlet on NC Highway 12, Dare County Proposed Project: Repeat habitat Management of open water intertidal pools as required by the Easement for the Terminal Groin on Pea Island National Wildlife Refuge, including addition of a second deposition area. Please indicate below your agency's position or viewpoint on the proposed project and return this form ASAP to Cathy Brittingham by e-mail at cathy.brittingham@ncdenr.gov. If you have any questions regarding the proposed project,please contact Cathy Brittingham at cathy.brittingham@ncdenr.gov or Greg Daisey at Greg.daisey@ncdenr.gov. When appropriate, in-depth comments with supporting data are requested. REPLY x This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached memo. PRINT NAME Garcy Ward AGENCY NC DWR SIGNATURE fftv ya4.7.(Ja,tez DATE 12/20/21 DWR has no objections to this activity provided compliance with the conditions in the 401 Water Quality Certification issued on 1/10/2020(DWR project#20081371 v.3) This 401 will expire with the accompanying 404 permit on March 8,2022. D E�.i- North Carolina Department of Environmental Quality I Division of Coastal Management �� '/� DWR Wetlands Unit 1512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699-1617 . °""'°°",".'m'0.,; /`" 919.707.9149 DocuSign Envelope ID:097A442D-CE9A-43DA-915F-5876A64ED050 d0c Sr ,, ROY COOPER &' T--rf•- Governor MICHAEL S.REGANV, F_ Secretary �'z aw+. LINDA CULPEPPER NORTH CAROLINA Duector Environmental Quality January 10,2020 Dare County NCDWR Project No.20081371 v.3 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr.Paul Williams NCDOT Division 1 113 Airport Drive Edenton,NC 27932 Dear Mr.Williams: You have our approval,in accordance with the conditions listed below,to excavate approximately 24,697 cubic yards of sand in order to restore approximately 3.06 ac of shallow open water habitat behind the terminal groin at Oregon Inlet in Dare County. This includes the excavation of 1.87 ac of 404 waters landward of the DCM normal high water line. The project shall be constructed in accordance with your application dated received December 17,2019. After reviewing your application,we have decided that these impacts are covered by General Water Quality Certification Number 4134. This certification corresponds to the Nationwide Permit 27 issued by the Corps of Engineers. In addition,you should acquire any other federal,state or local permits before you proceed with your project including (but not limited to)Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application(unless modified below). Should your project change,you must notify the NCDWR and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter,and is thereby responsible for complying with all the conditions. If total wetland fills for this project(now or in the future)exceed one acre,or of total impacts to streams(now or in the future)exceed 300 linear feet,compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6)and(7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B.0259.For this approval to remain valid,you must adhere to the conditions listed in the attached certification(s)and any additional conditions listed below. Condition(s)of Certification: 1. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations,or ordinances that may be imposed by other government agencies(i.e.local,state,and federal)having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. 2. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)] 3. During the construction of the project,no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)] 4. If activities must occur during periods of high biological activity(e.g.turtle nesting,or bird nesting),then biological monitoring and other requirements may be required at the request of other state or federal agencies and coordinated with these activities. [15A NCAC 02H.0506(b)(2)and 15A NCAC 04B.0125] D E Q'- North Carolina Department of Environmental Quality I Division of Water Resources '��/%, 512 North Salisbury Street I loll Mall Service Center Raleigh.North Carolina 27699-1611 i14r;..n.,"'.'"""n,..".... 919 707 9000 DocuSign Envelope ID:097A442D-CE9A-43DA-915F-5876A64ED050 5. All moratoriums on construction activities established by the NC Wildlife Resources Commission(WRC),US Fish and Wildlife Service(USFWS),NC Division of Marine Fisheries(DMF),National Marine Fisheries Service(NMFS)shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. A copy of the approval from the resource agency shall be forwarded to DWR. 6. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)(3)] 7. No sand or other materials shall be excavated except where authorized by this certification. [15A NCAC 02H.0506(b)(3)] 8. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act,all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H.0506{b)(3)and(c)(3)and 15A NCAC 02B.0200] a. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects,the NCDOT Sediment and Erosion Control Manual. b. All devices shall be maintained on all construction sites,borrow sites,and waste pile(spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. c. For borrow pit sites, the erosion and sediment control measures shall be designed, installed,operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. If the project occurs in waters or watersheds classified as Primary Nursery Areas(PNAs), SA, WS-1, WS-11,High Quality Waters(HQW),or Outstanding Resource Waters(ORW),then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3)and(c)(3);GC 4135] 9. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT,including the applicable requirements of the NCG01000. 10. The pernrittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State or federal law is being violated, or that further conditions are necessary to assure compliance,the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 11. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 12. The NCDOT will conduct a pre-construction meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the permit conditions and any potential issues at the permitted site. NCDWR staff shall be invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2)and(b)(3) 13. Upon completion of the project(including any impacts at associated borrow or waste sites),the NCDOT Division Engineer shall complete the"Certification of Completion Form"to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)] 14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition,the Water Quality Certification and all subsequent modifications,if any,shall be maintained with the Division Engineer and the on-site project manager.[15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)] DocuSign Envelope ID:097A442D-CE9A-43DA-915F-5876A64ED050 If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty(60)days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm,except for official state holidays. The original and one(1)copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings within five(5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Telephone:(919)431-3000,Facsimile:(919)431-3100 A copy of the petition must also be served on DEQ as follows: Mr.Bill F.Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Garcy Ward at(252)946-6481or garcy.ward@ncdenr.gov. E3-S4' w"n. 9C8886312DCD474... Linda Culpepper,Director Division of Water Resources Electronic copy only distribution: Kyle Barnes,US Army Corps of Engineers,Washington Field Office Cathy Brittingham,NC Division of Coastal Management. Greg Daisey,NC Division of Coastal Management Sabrina Henry,National Park Service Travis Wilson,NC Wildlife Resources Commission Garcy Ward,NC Division of Water Resources Washington Regional Office to,SATE4 g-ii4 ROY COOPER _ i _ _.. .- . ) Governor ELIZABETH S.BISER ,,:,2,,,,* . Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality TO: Jonathan Howell,Major Permit Coordinator, DCM THROUGH: Cathy Brittingham, Transportation Project Coordinator, DCM FROM: Greg Daisey, Transportation Project Field Representative, DCM SUBJECT: Comments & Recommendations — Modification to CAMA Major Permit 106-12, Proposed Replacement of Bridge No. 11 over Oregon Inlet on NC Highway 12 in Dare County. DATE: December 30, 2021 The following are my comments and recommendations regarding the above-mentioned proposal. The request for permit modification is to authorize habitat management/restoration near the Terminal Groin/Old Coast Guard Station in the vicinity of the replacement of Bridge No. 11 over Oregon Inlet on NC Highway 12 in Dare County. In coordination with Refuge personnel, the applicant proposes the creation of five(5)pools/ponds by excavating approximately 24,697 cubic yards of material and depositing the material in two(2)deposition areas adjacent to the excavation site creating approximately 3.062 acres of open water. The pools/ponds are proposed to be approximately 80' wide with a proposed depth of approximately 5' and would range from approximately 300' to 375' long. NCDOT states the work would be accomplished using an . excavator, a bulldozer, and off-road dump trucks. This habitat management is required by the Easement for the Terminal Groin located on Pea Island National Wildlife Refuge adjacent to Oregon Inlet. Based upon my review I have no objection to the issuance of this modification for the proposed activities, but offer the following conditions: 1 In order to protect sea turtle and shorebird populations,no work shall be conducted on the beach or forward of the dunes during the sea turtle and piping plover nesting season from April 1st to November 15th of any year without prior approval from the N.C. Division of Coastal Management (DCM) in coordination with the USFWS and the N.C. Wildlife Resources Commission. y2 e permittee shall ensure that all material that is placed on the two deposition areas is clean and free of any foreign material,that it is compatible with the general characteristics of the native sandy material in the areas in which it is to be placed, and that it conforms to any requirements of the USFWS. Should the excavation operations encounter sand that may not be compatible,the permittee shall immediately cease operations and contact DCM and USFWS to resolve the issue of compatibility. ODE North Carolina Department of Environmental Quality I Division of Coastal Management `OJ"/ Elizabeth City Office 1401 South Griffin Street,Suite 300 I Elizabeth City,North Carolina 27909 NORTH CAROLINA a.wrm.m a emmvm.oenm a,.un 252.264.3901 2 . NCDOT—Minor Modification ,- CAMA Major Permit No.106-12 Pea Island,Dare County January 5,2022 k. 3/ Nothing in this permit authorizes any activity that has not received approval from the U ted States Fish and Wildlife Service (USFWS) for work within PINWR. In accordance with commitments made by the permittee, sand placed in the two deposition areas shall not impact permanent vegetation.j5 o stable natural vegetation shall be impacted outside of the work areas indicated on the attached workplan drawings. 6 All work shall be accomplished in such a manner that damage to existing vegetation is minimized. y7 The authorized activities shall not result in impacts to the existing dune system that would weaken the protective values of these dune systems. 8 The temporary placement and double handling of any excavated or fill material within waters or vegetated wetlands is not authorized. 9 onstruction staging areas shall be located only in upland areas, and not in wetlands or waters of the State. 10 a permittee and/or its contractor shall provide for proper storage and handling of all oils, chemicals, etc.,necessary to carry out the project.y1The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in Elizabeth City at 252-264-3901 to request a preconstruction conference prior to project initiation. j1 If it is determined that additional permanent and/or temporary impacts are necessary that are not shown on the attached workplan drawings or described in the authorized permit application, a permit modification and/or additional authorization from DCM may be required. In addition, any changes in the approved plan may also require a permit modification and/or additional authorization from DCM. The permittee shall contact a representative of DCM prior to commencement of any such activity for this determination and any permit modification. 13/the permittee shall exercise all available precautions in the day-to-day operations of the t/ facility to prevent waste from entering the adjacent waters and wetlands. 3 • NCDOT—Minor Modification CAMA Major Permit No.106-12 Pea Island,Dare County January 5,2022 j1 The N.C. Division of Water Resources(DWR)authorized the proposed project on 1/10/20 (DWR Project No. 20081371 v. 3) under General Water Quality Certification No. 4134. Any violation of the Certification approved by DWR shall be considered a violation of this CAMA permit. y15The U.S. Army Corps of Engineers (USACE) authorized the proposed project under Nationwide Permit Number 27(COE Action ID No. SAW-2020-00029),which was issued on 1/8/20. In accordance with comments received from USACE, all depositional material removed from the excavated areas shall be placed in upland areas and work shall be performed before the expiration date of the USACE permit on 3/18/22. 16 evelopment authorized by this permit shall only be conducted on lands owned by NCDOT and/or its right-of-ways and/or easements and/or on federal lands with federal authorization. i17 's Minor Modification shall be attached to the original of Permit No. 106-12,which was issued on 9/19/12, as well as all subsequent modifications, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. j18 11 conditions and stipulations of the active permit remain in force under this Minor Modification unless altered herein. OTE: This project will excavate approximately 24,697 cubic yards of sandy material to restore approximately 3.06 acres of open water intertidal pools. 1, TE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. N E: All of the authorized activities are proposed above Normal High Water as determined by the N.C. Division of Coastal Management(DCM) during a field review on November 26, 2019. Brittingham, Cathy From: \ Williams, Paul C Sent: Tuesday, December 14, 2021 4:12 PM To: SU I�In° Daisey, Greg Cc: �� Brittingham, Cathy; Howell, Jonathan Subject: CAMA Permit No. 106-12 Modification Request - Terminal Groin Mining Attachments: OCEAN HAZARD AEC NOTICE - December 2021 signed.pdf; CAMA Letter -Terminal Groin Mining - 12-2021.pdf; Cross Section - Deposition Area 1.pdf; Cross Section - Deposition Area 2.pdf; Cross Section - Excavation.pdf; Groin Mining 2022.pdf; 54191ro SAW-2020-00029 NCDOT Oxon Inlet Terminal Grow—ling—Tr • 0081371 v.3 1 on—di approval letter.docx.pdf; -2500 USFWS Easement to NCDOT for Terminal Groin Aug 15 012.pdf Greg, Please see the attached documents for the permit modification request for mining the Oregon Inlet Terminal Groin. Thanks, Paul C.Williams,Jr. Division Environmental Officer Division One NC Department of Transportation (252)482-1861 office (252) 333-9812 mobile (252)482-8722 fax pcwilliams2 a(�.ncdot.gov 113 Airport Dr. Suite 100 Edenton, NC 27932 ,,r f 1. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 1 Brittingham, Cathy From: Brittingham, Cathy Sent: Friday, December 10, 2021 2:39 PM To: Williams, Paul C Cc: Daisey, Greg; Howell, Jonathan Subject: Habitat Restoration at Oregon Inlet Hi Paul, DCM recommends that DOT request a Minor Modification of CAMA Permit 106-12 for the proposed work. DCM recommends a Minor Modification instead of a Letter of Authorization due to the proposed addition of a second deposition area. In the future, if the location and design of the impacted areas, including the deposition areas, remains the same then DCM might consider it appropriate to request a Letter of Authorization, and over time a maintenance clause might be appropriate since this will be a recurring activity. l Please let me or Greg know if you have any questions or concerns. \ / r 5 4 ,x.rx.s �b Sincerely, N �(- 1 0 OC) Cathy J,t\c\o`3) Cathy Brittingham, Transportation Project Coordinator ,L /k\ �a� N.C. Division of Coastal Management "� V ` (919)707-9149 phone4 cathy.brittinghamc ncdenr.gov Mailing Address: _ S S°`likiLS c/o DWR Transportation Permitting Unit (Aft 1617 Mail Service Center (� Raleigh,NC 27699-1617 C;R� °J oa Physical Address: 512 North Salisbury Street Archdale Building 12th Floor, Room 1204C Raleigh,NC 27604 Please visit https://deq.nc.gov/about/divisions/coastal-management/for more information about the N.C.Division of Coastal Management. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Williams, Paul C<pcwilliams2@ncdot.gov> Sent:Tuesday, December 7, 2021 7:31 AM To: Brittingham, Cathy<cathy.brittingham@ncdenr.gov> Cc: Daisey, Greg<Greg.Daisey@ncdenr.gov>; Howell,Jonathan <jonathan.howell@ncdenr.gov> Subject:Terminal Groin Mining at Oregon Inlet Cathy, t Brittingham, Cathy From: Williams, Paul C Sent: Tuesday, December 7, 2021 7:31 AM To: Brittingham, Cathy Cc: Daisey, Greg; Howell, Jonathan Subject: Terminal Groin Mining at Oregon Inlet Attachments: Groin Mining 2022.pdf; Cross Section - Deposition Area 1.pdf; Cross Section - Deposition Area 2.pdf; Cross Section - Excavation.pdf Cathy, I need to get authorization again for the mining of the terminal groin at Oregon Inlet. It's well below the 1 acre threshold on the USFWS Easement, and the Refuge would like it done this winter. It's been accomplished through various permit actions over the years, but the latest one was a Minor Mod on the B-2500 CAMA Permit No. 106-12. I'd like to know what you recommend this time around. Should I get another minor mod on the B-2500 permit, or would this be a good time to use the Hatteras Dune Maintenance Permit, No. 86-99? The excavation area and approx.volume is the same, but I had to add a second deposition area per the Refuge's request. Please see the attached drawings for more details and feel free to give me a call if you need any additional information. Also, would there be a mechanism for adding a maintenance clause to the permit since this is a recurring activity? Thanks, Paul C. Williams,Jr. Division Environmental Officer Division One NC Department of Transportation (252) 482-1861 office (252) 333-9812 mobile (252)482-8722 fax pcwilliams2ncdot.gov 113 Airport Dr. Suite 100 Edenton, NC 27932 r • Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 1 Terminal Groin Mining 2022 N Pea Island National Wildlife Refuge Dare County Quad Name Oregon Inlet x ems: f DCM Normal High Water - ....kroo,Iiit (5)80 ft.wide ponds with 40 ft.of separation ' Total Area:3.062 acres(133,365 sq.ft.) Excavation Depth:5 ft. _ 404 Waters Impact:1.866 acres(81,221 sq.ft.) _ 404 Waters exc.volume:15,041 cubic yards ,'',. : `• Upland Impact:1.196 acres(52,144 sq.ft.) Upland exc.volume:9,656 cubic yards 37 long ,'\ 350'b•g i 350' •.ng ! 4 .S r 404 Wetlands 35.'long Deposition Area 1 ao - Approx.2.36 acres • .t / / . . 300'I• rf+y a.`. 4 Equipment \ +. � // Access \ t 44 404 Waters DCM First Line of - Stable Vegetation • . Di iv , Property of , State of NC c Legend ,: . ///// 4 rq Equipment Access Z ::;:na , f' . , S 1•.p ir CAMA_Veg_polyline y - 1P "''t=="""�"" , r NHWLyolyline r-••,,. "°`` e. %'• L-_ Deposition_Boundary_2 - • Deposition Area 2 �� ` * Approx.3.47 acres Q 404 - 111111.Mining Area - • $ Elevation Reference '` ,-.. i Deposition_Boundary - - , 35.7678904° t F I I Parcels , -75.5218251° a` CDO1Yhotogramme Unit,Partllpating NE ounies.NCC•A,NC OneMap I.'31.::\ 0 1,000 2,000 Feet Date:11/8/2021 I I i I I Aerial Photo 6/2021 OREGON INLET MINING 2022 TYPICAL CROSS SECTION DEPOSITION AREA 1 OCEAN APPROX. 12'ABOVE BEACH ELEVATION APPROX.2 FT. APPROX.2 FT. EXISTING VEGETATED ) I 1' DUNE /\Y , BEACH T DEPOSITION BOUNDARY DEPOSITION BOUNDARY LAT: 35.770656° LONG: -75.523281° NC DEPT.OF TRANSPORTATION COUNTY: DARE QUAD: OREGON INLET BASIN: PASQUOTANK 40' 0' 40' PROJECT: SAND MINING • ■ • ■ ■ NOTE: SAND PLACED IN DEPOSITION AREA WBS #: 32635.3.5 • • • SCALE: 1" = 40' WILL NOT IMPACT PERMANENT VEGETATION. DATE: 12/2/2021 DRAWN BY: PAUL WILLIAMS OREGON INLET MINING 2022 TYPICAL CROSS SECTION DEPOSITION AREA 2 OCEAN EXISTING VEGETATED EXISTING VEGETATED AREAS AREAS BEACH ............................. DEPOSITION ........................................................ BOUNDARY DEPOSITION BOUNDARY APPROX.3 FT,DEEP LAT: 35.7678904° LONG: -75.5218251° NC DEPT.OF TRANSPORTATION COUNTY: DARE QUAD: OREGON INLET BASIN: PASQUOTANK 4 0' O 4 O PROJECT: SAND MINING ■ ■ ■ • ■ NOTE: SAND PLACED IN DEPOSITION AREA WBS #: 32635.3.5 • • • • • SCALE: I" = 40' WILL NOT IMPACT PERMANENT VEGETATION, DATE: Iv2/2021 DRAWN BY: PAUL WILLIAMS OREGON INLET MINING 2022 TYPICAL CROSS SECTION EXCAVATION OCEAN C - 80 FT.-_ `, EXISTING 2:1 ' SAND FLAT \ APPROX. 5FT. 2:1 / SAND EXCAVATED LAT: 35.771825° LONG: -75.524806° NC DEPT.OF TRANSPORTATION COUNTY: DARE QUAD: OREGON INLET BASIN: PASQUOTANK 10' 0' 10' NOTE: 5 PONDS TO BE EXCAVATED TO APPROX. 5 FEET PROJECT: SAND MINING WBS #: 32635.3.5 • • • • • BELOW THE SAND FLAT ELEVATION. APPROX. 24.700 YARDS SCALE: 1" = 10' • • • • • •MMEMIi DATE: 12/22021 OF SAND TO BE EXCAVATED. DRAWN BY: PAUL WILLIAMS