NCDOT 106-12 B-2500 Phase I Minor Mod 10

111
Permit Class Permit Number
MODIFICATION/MINOR 106-12
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
' t crmtt
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 12/17/19, including
the attached workplan drawings(4)as referenced in Condition No. 1 of this permit, &AEC Hazard Notice dated 1/17/19.
This permit, issued on 1/8/20 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action;or may cause the permit to be null and void.
1) Unless specifically altered herein, all work authorized by this Minor Modification shall be carried out
in accordance with the following attached workplan drawings (4): 2 dated as received 12/2/19, and 2
dated as received on 12/16/19, except as modified herein.
2) Unless specifically altered herein,this Minor Modification authorizes reconfiguration of the proposed
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: excavation of sandy material to restore open water habitat, and placement of the
compatible sandy material on the adjacent area, all as depicted on the attached workplan drawings.
3) 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.
(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
other qualified persons within twenty(20) days of the issuing Chairman of the Coastal Resources Commission.
date.
This permit must be accessible on-site to Department1//742114#44411/Cr--
personnel when the project is inspected for compliance.
Braxton C. Davis, Director
Any maintenance work or project modification not covered Division of Coastal Management
hereunder requires further Division approval.
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
•.-• .."...••--•W.•a••'WA."'"Pk", lllllllIIIIIIIIIIIIIII11111

f,
N.C. Department of Transportation Permit#106-12
Page 2 of 3
ADDITIONAL CONDITIONS
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.
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.
4) 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.
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 November 26, 2019.
NOTE: This project will excavate approximately 24,697 cubic yards of sandy material to restore
approximately 3.06 acres of open water intertidal pools.
5) The permittee shall ensure that all material that is excavated and placed on the adjacent area is
compatible with the general characteristics of the native sandy material in the area 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 operation and contact
DCM and USFWS to resolve the issue of compatibility.
6) No stable natural vegetation shall be impacted outside of the work areas indicated on the attached
workplan drawings.
7) All work shall be accomplished in such a manner that damage to existing vegetation is minimized.
8) In accordance with commitments made by the permittee, the existing dune in the deposition area shall
not be moved.
9) The authorized activities shall not result in impacts to the existing dune system that would weaken the
protective values of these dune systems.
10) No new vegetated wetlands or public trust waters shall be excavated or filled, without permit
modification.
11) The temporary placement and double handling of any excavated or fill material within waters or
vegetated wetlands is not authorized.
12) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State.
9,AP A A

N.C. Department of Transportation Permit#106-12
Page 3 of 3
ADDITIONAL CONDITIONS
General
13) The permittee and/or his contractor shall provide for proper storage and handling of all oils, chemicals,
etc., necessary to carry out the project.
14) 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.
15) The 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.
16) 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.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ID No. SAW-
2020-00029.
17) This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that
may be required. This includes approval, if required, from the N.C. Division of Water Resources and/or
the U.S. Army Corps of Engineers.
18) Development authorized by this permit shall only be conducted on lands owned by NCDOT and/or its
right-of-ways and/or easements.
19) 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.
20) All conditions and stipulations of the active permit remain in force under this Minor Modification unless
altered herein.
NOTE: A minor modification application processing fee of$100 was received by DCM for this project.
--eeeeeoeeeeee

i STAT[
itt,\N:=1)
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER JAMES H.TROGDON,III
GOVERNOR SECRETARY
December 16,2019
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#32635.3.5
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. This permit was modified 1/18/2019 to authorize the mining,but project was not started
due to permitting delays and the bird nesting work moratorium. Now that the work moratorium
has ended,the USFWS has requested to reconfigure the proposed intertidal pools and the US
Army Corps of Engineer's has determined the project site includes 404 waters.
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.
In the past,this habitat management has been accomplished by mining sand behind the groin for
several dune building projects along NC 12 within the Refuge.
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,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.
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.
Mailing Address: Telephone:[phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax:[phone] 113 AIRPORT DRIVE,SUITE 100
DIVISION ONE Customer Service: 1-877-368-4968 EDENTON,NC 27932
113 AIRPORT DRIVE,SUITE 100
EDENTON,NC 27932 Website:www.ncdot.gov

Included with this letter are recent site photos,an aerial photo map,the recorded
easement,and the USFWS concurrence form. If you have questions or need additional
information,please contact me at pcwilliams2na,ncdot.gov or(252)482-1861. If necessary,the
permit fee can be charged to WBS#32635.3.5.
Sincerely,
Jerry Jennings,P.E.
Division One Engineer
CDoeuSigned by:
LIP
7C79B0D2941F47E...
Paul Williams
Division One Environmental Officer

Received
MIP-1
APPLICATION for I,L I
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/Landowner Information
Business Name Project Name Of applicable)
N.C. Department Of Transportation Oregon Inlet Terminal Groin Mining 2019
Applicant 1: First Name MI Last Name
Paul C Williams
Applicant 2: First Name MI Last Name
If additional applicants,please attach an additional page(s)with names listed.
Mailing Address PO Box City State
113 Airport Road, Suite 100 Edenton NC
ZIP Country Phone No. FAX No.
27932 252-482-1861 ext. 252-482-8722
Street Address(if different from above) I City State ZIP
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Agent/Contractor 1: First Name MI I Last Name
Agent/Contractor 2: First Name MI Last Name
Mailing Address PO Box City State
ZIP Phone No. 1 Phone No. 2
ext. - - ext.
FAX No. Contractor#
Street Address(if different from above) City State ZIP
Email
<Form continues on back>
252-808.2803 :: 1-8i:i .7:nee AX,.` ;r �.r =:, : � .. .... .,t .�uuc
r�

Form DCM MP-1 (Page 2 of 4) APPLICATION for
Major Development Permit
3. Project Location
County(can be multiple) Street Address State Rd.#
Dare near Lifeboat Station Rd. 1257
Subdivision Name City State Zip
Rodanthe NC 27968-
Phone No. Lot No.(s) (if many,attach additional page with list)
ext.
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Pasquotank Oregon Inlet
c. Is the water body identified in(b)above, natural or manmade? d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown Atlantic Ocean
e. Is proposed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed
®Yes ❑No work falls within.
Dare County
4. Site Description
a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.)
1,000' 250,000 sq. ft.
c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or
NWL(normal water level)
(If many lot sizes,please attach additional page with a list) 3'-4' ®NHW or❑NWL
e. Vegetation on tract
very sparse vegetation,sand flat
f. Man-made features and uses now on tract Received
Oregon Inlet Terminal Groin
LL I IL
g. Identify and describe the existing land uses adiacent to the proposed project site. a re. ► _F`
Conservation-Pea Island National Wildlife Refuge
h. How does local government zone the tract? I i. Is the proposed project consistent with the applicable zoning?
Conservation (Attach zoning compliance certificate,if applicable)
Dyes El No ®NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? Oyes ®No
k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy. Oyes No DNA
If yes,by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a Oyes No DNA
National Register listed or eligible property?
<Form continues on next page>
per, s-,rr '+.rvvvv.n+ coastalmW4► a gemer►t.nar

Form DCM MP-1 (Page 3 of 4) APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ❑No
(ii)Are there coastal wetlands on the site? ®Yes ENo
(iii)If yes to either(i)or(ii)above, has a delineation been conducted? ®Yes [No
(Attach documentation,if available)
n. Describe existing wastewater treatment facilities.
none
ecejved
o. Describe existing drinking water supply source. (�.; I o Lt'10
none
p. Describe existing storm water management or treatment systems
Ec
none '
----5. Activities and Impacts
a. Will the project be for commercial,public,or private use? ['Commercial ElPublic/Government
❑Private/Community
b. Give a brief description of purpose, use,and daily operations of the project when complete.
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 ore-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.
c Describe the proposed construction methodology,types of construction eq.iiprnent to be used during construction,the number of each type
of equipment and where it is to be stored.
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. This work will need to take place before February 15th. 2020 to not impact migratory bird nesting and foraging
areas. Work willbe accomplished using an excavator, off road truck(s). and a dozer. Equipment will be staged on Lifeboat
Station Road and above NHW on the construction site.
d. List all development activities you propose.
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, as shown on the map.
e. Are the proposed activities maintenance of an existing project,new work,or both? maintenance
f. What is the approximate total disturbed land area resulting from the proposed project? 5.5 ❑Sq.Ft or®Acres
g. Will the proposed project encroach on any public easement,public accessxay or other area [hies ❑No ®NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Project will not discharge into waters of the state.
i. Will wastewater or stormwater be discharged into a wetland? Eyes END ®NA
If yes,will this discharged water be of the same salinity as the receiving WE ter? Eyes ❑No ®NA
j. Is there any mitigation proposed? (_]Yes ❑No ZNA
If yes, attach a mitigation proposal.
<Form continues on back>
252-E108-2803 .. • 1-8ett...44COAs? . 44 r,v,IBC?:oalta r,':$Rfi`-:ssjemef4A.F,,f

Form DCM MP-1 (Page 4 of 4) APPLICATION for
Major Development Permit
6. Additional information
In addition to this completed application form. (MP-1)the following items below, if applicable.must be submitted in order for the application
package to be complete. items(a)—(t)are always applicable to any major development application. Please consult the application
instruction booklet or how to properly prepare the required items below.
a. A project narrative.
b. An accurate,dated work plat(including plan view and cross-sectional drawings)drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work,clearly indicate on maps. plats.drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide naency personnel unfamiliar with the area to the site.
d. A copy of the deed(with state application only)or other Instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money orde•made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront(riparian)landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Scott Lanier-Refuge Manager Phone No. 252-473-1131
Address PO Box 1969, Manteo, NC 27954
Name Phone No.
Address
Name Phone No.
Address
g A list of previous state or federal permits issued for work c i the project tract. Include permit numbers,permittee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for protects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.0 Environmental Policy Act(N.C.G.S. 113A 1-'0), if necessary. If the project involves expenditure
of public funds or use of public lands, attacn a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of 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.
Date 12/17;2019 Print Name F'aul Williams
DocuSig ned by:
tr Signature / ,,, -s
7C796002941F47E 4 eV�j
Please indicate application attachments pertaining to your proposed project. ��
❑DCM MP-2 Excavation and Fill Information EDCM MP-5 Bridges and Culverts ��
EIDCM MP-3 Upland Development
❑DCM MP-4 Structures Information
IDC°5'
252-I198-28053 1 23 ;- f t www,n'.w rr:tstszlma,naclernent.nef

OCEAN HAZARD AEC NOTICE
Project is in an: N.( Ocean Erodible Area Inlet Hazard Area
Property Owner: NC- CFs'ArTmr-�-T("F TetS'Frrc r'r i
Property Address: C r-1;s D ji`11 r kis 4-1'irl OsC- 1 R tl'"+‘‘, ($ COAs"r C�A-`21. Sr it e i".
Date Lot Was Platted: 1-#<
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 December 31 of the third year following the year in which the
acknowledge that notice in writing before a permit for permit was issued. Shortly before work begins on the project
development can be issued. site,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,
eliminate, property loss from hazards. By granting permits, the 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 setback determination, or the setback must be re-measured.
the development. Permits issued in the Ocean Hazard Area of Also,the occurrence of a major shoreline change as the result of
Environmental Concern include the condition that structures be a storm within the 60-day period will necessitate re-
relocated or dismantled if they become imminently threatened measurement of the setback. It is important that you check with
by changes in shoreline configuration. The structure(s) must be the LPO before the permit expires for official approval to
relocated or dismantled within two (2) years of becoming continue the work after the permit has expired. Generally. if
imminently threatened, and in any case upon its collapse or foundation pilings have been placed and substantial progress is
subsidence. continuing, permit renewal can 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 la,_-_,211. feet per year. ()ref-)
bycareful analysis of aerial Local Permit Officer
The rate was established Y
photographs of the coastline taken over the past 50 years.
The flood waters in a major storm are predicted to be about 1 f
B^IX feet deep in this area. Address
Preferred oceanfront protection measures are beach nourishment /
and relocation of threatened structures. Hard erosion controlbie cooi ' /
structures such as bulkheads,seawalls,revetments,groins,jetties Locality {
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain conditions. elf,). eACcAf -3Ql10 I " ^t a41
The applicant must acknowledge this information and Phone Number
requirements by signing this notice in the space below. Without
the proper signature,the application will not be complete.
pDocuSigned by:
? .t44/ y/2 ,.4M-a 1/17/2019
\----7r7eanD2fl^"G17E..
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 Reasons
Natural forces of water and wind collide with tons of force,even The beachfront is an ever-changing landform. The beach and
on calm days. the dunes are natural"shock absorbers,"taking the beating of the
wind and waves and protecting the inland areas. By
Man-made structures cannot be guaranteed to survive the force incorporating building setbacks into the regulations, you have a
of a hurricane. Long-term erosion (or barrier island migration) good chance of enjoying the full life of the structure. At first, it
may take from two to ten feet of the beach each year, and, seems very inviting to build your dream house as close to the
sooner or later,will threaten oceanfront structures. These are the beach as possible,but in five years you could fmd the dream has
facts of life for oceanfront property owners. become a nightmare as high tides and storm tides threaten your
investment.
The Coastal Resources Commission(CRC)has adopted rules for
building along the oceanfront. The rules are intended to avoid an The Exception
unreasonable risk to life and property, and to limit public and The Coastal Resources Commission recognized that these rules,
private losses from storm and long-term erosion. These rules initially passed in June 1979, might prove a hardship for some
lessen but do not eliminate the element of risk in oceanfront property owners. Therefore, they established an exception for
development. lots that cannot meet the setback requirement. The exception
allows buildings in front of the current setback, if the following
As you consider building along the oceanfront, the CRC wants conditions apply:
you to understand the rules and the risks. With this knowledge,
you can make a more informed decision about where and how to 1) the lot must have been platted as of June 1, 1979, and
build in the coastal area. is not capable of being enlarged by combining with
adjoining land under the same ownership;
The Rules 2) development must be constructed as far back on the
When you build along the oceanfront,coastal management rules property as possible and in no case less than 60 feet
require that the structure be sited to fit safely into the beach landward of the vegetation line;
environment. 3) no development can take place on the frontal dune;
4) special construction standards on piling depth and
Structures along the oceanfront, less than 5,000 square feet in square footage must be met;and
size, must be behind the frontal dune, landward of the crest of 5) all other CAMA, state and local regulations must be
the primary dune, and set back from the first line of stable met.
natural vegetation a distance equal to 30 times the annual
erosion rate (a minimum of 60 feet). The setback calculation The exception is not available in the Inlet Hazard Area.
increases as the size of the structure increases [15A NCAC
7H.0306(a)(2)]. For example: A structure between 5,000 and To determine eligibility for the exception the Local Permit
10,000 square feet would require a setback from the first line of Officer will make these measurements and observations:
stable, natural vegetation to a distance equal to 60 times the
annual erosion rate (a minimum of 120 feet). The graduated required setback from vegetation line
setback continues to increase through structure sizes greater than
100,000 square feet. exception setback(maximum feasible)
rear property line setback
max. allowable square footage on lowest floor
PR£PERMIT STRUCTURE;INADEQUATE SETBACK
STRUCTURE STRUCTURE PRE.STORM BEACH PROFILE
�
ADEQUATE POST4TORM BEACH PROFILE
SETBACK
r ONE YEAR AFTER STORM/BEACH REBUILDING
After the storm, the house on the dune will be gone. The other house has a much better chance of survival.

RECEIVED
DEC 1 6 2019
Terminal Groin Mining 2019 N
DCM-RALEIGH Pea Island National Wildlife Refuge
Dare County Quad Name Oregon Inlet
(5)80 ft.wide ponds with 40 ft.of separation
Total Area:3.062 acres(133,365 sq.ft.) DCM Normal High Water
Excavation Depth:5 ft.
404 Waters Impact:1.866 acres(81,221 sq.ft.) w
404 Waters exc.volume:15,041 cubic yards
Upland Impact:1.196 acres(52,144 sq.ft.)
Upland exc.volume:9,656 cubic yards
375'long
' ' 41 350'long
` 404 Wetlands 4 350'long
350'long ' NIP'• : ,
•
• ;s: y . 300'long
.. EEtEeEI
�«
.; ,#. do' w� 404 Waters
N..
41
, s.,
..,,.. , . , _ .... •
. .„ t .... . ,, ..
' , _' ,
Access Route from
ti ; • ' Lifeboat Station Road
a
4.` • '• , .Le end " � ��' ,,
,
Ell
"404 Ni' �sdHW o ,Excavated_Ponds !' ,?S) NCDOT Photogrammetry Unit,NCDOT GIS Unit
' / Deposition_Boundary 0 500 1,000 Feet
I 1 I 1 I

RECEIVED
DEC 1 6 2019 N
Terminal Groin Mining 2019 - Proposed Configuration
Pea Island National Wildlife Refuge
DCM-RALEIGH Dare County Quad Name Oregon Inlet
,..,DCM Normal High Water
,,
--.... . .,.. ,
.... ...
...• * API '.. f. '" '0'...rr..,-,
.. 1 ,r,_... „ . .,,,... ik%•!..10 At—titik ,, •
' liki' . .,8' ',',., . A„ • '
, , , (5)80 ft.wide ponds with 40 ft.of separation ` , ' ' !. , .J. •-•
• ,• - a Alf Total Area:3.062 acres(133,365 sq.ft.) • '. .'' _.
., ,. ,,,,,.. • ,
' . .
Impact:1.866 acres
„ , Waters exc.volume:15,041 cubic yards •• . ,
1,..•.' 41 :,., it: . ',. .. Upland Impact:1.196 acres(52,144 sq.ft.)
375'long
.
,4- ,. , -,•%.,...„,,-,,,' ' , ..;,. k. i, , Upland exc.volume:9,656 cubtc yards ;',,,, .
...f..t:-1 '....'t,:f ., ,,, : ,,.-;A v. ' . • ,..„ •• ,
.f. -,.. *- . •-‹ i„ ,t,it :
0 . • .
30( " • .--.,?...: , • , ell
.
•,-
.,.•-1/4..•-• . . .:-.., .. .
350'long
." . .
...,
It 't
t ., ..
- # ,• ' -
. ,:.• ,),,, t,,,,
it - ,/ , 350 long
4 . 01.. . ..-. ..
. . • .,... . ..,
404 Wetlands - i 1 350'long
',... -
, ...,„
,
. .
, /'t .. •.. 4....2=" ,,
Deposition Area ,
• ' . s t • Approx.2.36 acres
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0 500 1,000 Feet
VZ: Deposition_Boundary
I I I I I

OREGON INLET MINING 2019
TYPICAL CROSS SECTION
EXCAVATION
RECEIVED
DEC 1 6 2019
DCM-RALEIGH
OCEAN
FT
EXISTING
APPROX. SAND FLAT
\ 2:1
5 FT. 2:1 /
n
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
0/ 0/ 10' WBS #: 32635.3.5
• • • • • BELOW THE SAND FLAT ELEVATION. APPROX. 24.700 YARDS SCALE: 1" = 10'
• • • • • DATE: 12012019
OF SAND TO BE EXCAVATED. DRAWN BY: PAUL WILLIAMS

OREGON INLET MINING 2019
TYPICAL CROSS SECTION
DEPOSITION
DECEIVE p
DEC J 6 2019
®CM..RA, E��H
APPROX.12'ABOVE
BEACH ELEVATION EXISTING VEGETATED
DUNE
OCEAN
DEPOSITION
DEPOSITION
SOU DA Y
R
BOUNDARY
f
LAT: 35.770656°
LONG: -75.523281°
NC DEPT.OF TRANSPORTATION
COUNTY: DARE
QUAD: OREGON INLET
BASIN: PASQUOTANK
4 0 PROJECT: SAND MINING
■ ■ ■ ■ ■ NOTE: SAND PLACED IN DEPOSITION AREA WBS #: 32635.3.5
• • • • • SCALE: !" = 40'
WILL NOT IMPACT PERMANENT VEGETATION. DATE: 12/22019
DRAWN BY: PAUL WILLIAMS

, SLATE 4,
0-;;;. 1
w Ism
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
BRAXTON C.DAVIS
Director
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: January 7, 2020
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. The applicant proposes the creation of five (5)
pools/ponds by excavating approximately 24,697 cubic yards of material and depositing the
material adjacent to the excavation site creating approximately 2.93 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:
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.
Nothing in the permit authorizes any activity that has not received necessary approval from
U.S. Fish and Wildlife Service (USFWS) for work within Pea Island National Wildlife
Refuge.
vJ oc 'Z' "cc`l v °fie 5
v3' No vegetated wetlands shall be excavated or filled, without permit modification.
w•/iM �/Qs)
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street.Suite 300 I Elizabeth City,North Carolina 27909
252.264.3901

Modification to Major Permit No. 106-12
North Carolina Department of Transportation
January 7, 2020
Page 2
j/The authorized activities shall not result in impacts to the existing dune system that
would weaken the protective values of these dune systems.
lAll work shall be accomplished in such a manner that damage to existing vegetation is
minimized.y6Construction staging areas shall be located only in upland areas, and not in wetlands or
waters of the State.
The temporary placement and double handling of any excavated or fill material within
waters or vegetated wetlands is not authorized.
f it is determined that additional permanent and/or temporary impacts are necessary that
are not shown on the attached work plan drawings or described in the authorized permit
application, a permit modification and/or additional authorization from DCM(,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.
All conditions and stipulations of the active permit remain in force under this minor
modification unless altered herein.
j1 fThe pennittee and/o his contractor shall contact the DCM Transportation Project Field
�/ Representative in Eliza eth City at(252)264-3901 to request a pre-construction
conference prior to project initiation.
VOTE: This project will excavate/deposit approximately 24,697 cubic yards of material
/ and create approximately 3.06 acres of open water.
/NOTE: This minor modification shall be attached to the original of Permit No. 106-12,
/ which was issued on September 19, 2012, 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.
\ COTE: This permit does not eliminate the need to obtain any additional state, federal or
/ local permits, approvals or authorizations that may be required.

DocuSign Envelope ID:097A442D-CE9A-43DA-915F-5876A64ED050
ROY COOPER i - n
Governor �
s
MICHAEL S.REGAN •.n /�`
Secretary la;�„ir►
LINDA CULPEPPER NORTH CAROLINA
Director 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]
�DNorth Carolina Department of Environmental Quality I Division of Water Resources
an 512 North Salisbury Street 116tt Mall Service Center I Raleigh,North Carolina 27699 1611
�� �� /"' 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 permittee 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(bX2)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(bX2)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:[phone],Facsimile:[phone]
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 [e-mail].
O�wut C a pwat.A
9C9886312DCD474...
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

Brittingham, Cathy
From: Barnes, Kyle W CIV USARMY CESAW (US) <[e-mail]>
Sent: Wednesday,January 08, 2020 2:11 PM
To: Williams, Paul C
Cc: Ward, Garcy; Daisey, Greg; Brittingham, Cathy; Harrison, Rebecca
Subject: [External] SAW-2020-00029 NCDOT Oregon Inlet Terminal Groin Mining
Attachments: SAW-2020-00029 NCDOT Oregon Inlet Terminal Groin Mining.pdf
CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
[e-mail]<mailto:[e-mail]>
Paul,
Attached is the verification to utilize the Nationwide Permit 27 for the project as you proposed in your PCN application received
by the Corps of Engineers on December 17, 2019. Also attached is a link for you to download the Nationwide Permit 27. Please
review the terms and conditions of that permit and provide a copy to any of your contractors performing the work. If you have
any questions please let me know.
http://saw-reg.usace.army.mil/NWP2017/2017NWP27.pdf
Kyle Barnes
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We would
appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at:
Blockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
<Blockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.
1

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: [phone]
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 adjacent 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 [phone])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 Kyle.W.Barnes( ,usace.army.mil.
Corps Regulatory Official: 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. ❑ 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 fmd 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:[phone]
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:
Ky 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.army.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

•
a.,%5fA7F Q
it_•+:41
ti
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
BRAXTON C.DAVIS
Director
MEMORANDUM
TO: Art Beyer,USFWS
CC: Greg Daisey,DCM
Gary Jordan,USFWS
FROM: Cathy Brittingham,Transportation Project Coordinator
DATE: January 6,2020
SUBJECT: Proposed Minor Modification to CAMA Major Permit No. 106-12 for habitat
enhancement at the Oregon Inlet Terminal Groin,Dare County.
Please indicate below your agency's position or viewpoint on the proposed project and return this form as
soon as possible to Cathy Brittingham via e-mail at [e-mail]. If you have any
questions regarding the proposed project,please contact Cathy Brittingham at(919)707-9149 or Greg
Daisey at(252)20773656. 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.
Signed_e_A>.--- --2,------
Date /(? ( o
IDE Q
North Carolina Department of Environmental Quality I Division of Coastal Management
DWR Wetlands Unit 1512 North Salisbury Street 11617 Mail Service Center I Raleigh.North Carolina 27699-1617
919.707.9149

Brittingham, Cathy
From: Jordan, Gary <[e-mail]>
Sent: Monday,January 06, 2020 3:18 PM
To: Brittingham, Cathy
Cc: Wilson, Travis W.; Henry, Sabrina;Ward, Garcy; Kyle Barnes; Daisey, Greg; Arthur Beyer
Subject: Re: [EXTERNAL] NCDOT Habitat enhancement at Oregon Inlet Terminal Groin, CAMA Minor
Modification request
CAUTIO External email. Do not,
Cathy,
No comments. This was well coordinated.
Gary Jordan
Fish and Wildlife Biologist, Liaison to NCDOT
US Fish and Wildlife Service
P.O. Box 33726
Raleigh, NC 27636-3726
Phone: [phone] x.32
Email: gary [e-mail]
NOTE:This email correspondence and any attachments to and from this sender are subject to the Freedom of Information Act(FOIA)and may be
disclosed to third parties.
On Mon, Dec 23, 2019 at 2:23 PM Brittingham, Cathy<[e-mail]>wrote:
Hello,
Please see attached a Minor Modification request from NCDOT for your review and comment.
I hope everyone has a great holiday!
Sincerely,
Cathy
i

Williams, Paul C
From: Jordan, Gary <[e-mail]>
Sent: Monday, December 2, 2019 8:33 AM
To: Williams, Paul C
Cc: Kyle Barnes
Subject: Re: [EXTERNAL] Terminal Groin Mining
CAUTION:;External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
Paul,
As discussed on the phone just now, since USACE is requiring a NW permit for this activity, they are
responsible for Section 7 with us. So the Section 7 at play here is not an Intra-Service one (i.e. between two
USFWS offices), but the information contained in the Intra-Service Biological Evaluation prepared by the
Refuge you attached in a separate email is what Kyle Barnes will need for his biological conclusions. As before,
I am comfortable with providing concurrence with May Affect- Not Likely to Adversely Affect biological
conclusions for all the species involved here. I've cc'd Kyle with this email so he will be aware of my thoughts
on this.
Gary Jordan
Fish and Wildlife Biologist, Liaison to NCDOT
US Fish and Wildlife Service
P.O. Box 33726
Raleigh, NC 27636-3726
Phone: [phone] x.32
Email: gary [e-mail]
NOTE:This email correspondence and any attachments to and from this sender are subject to the Freedom of Information Act(FOIA)and
may be disclosed to third parties.
On Wed, Nov 27, 2019 at 1:45 PM Williams, Paul C<[e-mail]>wrote:
Gary,
As we discussed yesterday,this email is to confirm the current UCACE JD of 404 waters in the mining area will not have
an impact on the Intra-service Section 7 Biological Evaluation from December 7, 2018.
Thanks,
1

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OIUM 1
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
BRAXTON C.DAVIS
Director
MEMORANDUM
TO: Kyle Barnes, USACE
Garcy Ward, DWR
Sabrina Henry,NPS
Travis Wilson, WRC
CC: Greg Daisey, DCM
FROM: Cathy Brittingham, Transportation Project Coordinator
DATE: December 23, 2019
SUBJECT: Proposed Minor Modification to CAMA Major Permit No. 106-12 for habitat
enhancement at the Oregon Inlet Terminal Groin, Dare County.
Please indicate below your agency's position or viewpoint on the proposed project and return this form as
soon as possible to Cathy Brittingham via e-mail at [e-mail]. If you have any
questions regarding the proposed project, please contact Cathy Brittingham at(919)707-9149 or Greg
Daisey at(252) 207-3656. 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.
Signed it-- Date January 7, 2020
The USACE will be issuing this project under a NWP 27, Action ID SAW-2020-00029
DE Q,)
North Carolina Department of Environmental Quality I Division of Coastal Management
DWR Wetlands Unit 1512 North Salisbury Street 11617 Mail Service Center I Raleigh.North Carolina 27699-1617
919.707.9149

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ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
BRAXTON C.DAVIS
Director
MEMORANDUM
TO: Kyle Barnes,USACE
Garcy Ward,DWR
Sabrina Henry,NPS
Travis Wilson,WRC
CC: Greg Daisey, DCM
FROM: Cathy Brittingham, Transportation Project Coordinator
DATE: December 23,2019
SUBJECT: Proposed Minor Modification to CAMA Major Permit No. 106-12 for habitat
enhancement at the Oregon Inlet Terminal Groin,Dare County.
Please indicate below your agency's position or viewpoint on the proposed project and return this form as
soon as possible to Cathy Brittingham via e-mail at [e-mail]. If you have any
questions regarding the proposed project, please contact Cathy Brittingham at(919) 707-9149 or Greg
Daisey at(252)207-3656. When appropriate, in-depth comments with supporting data are requested.
REPLY VThis 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.
Signed Date Oto1-0
1:tEC:1'.')
,,,...,,,,,,,,„.....,\„,
North Carolina Department of Environmental Quality I Division of Coastal Management
DWR Wetlands Unit 1512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9149

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aptly ,f
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ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
BRAXTON C.DAVIS
Director
0
MEMORANDUM
TO: Kyle Barnes,USACE •
Garcy Ward,DWR
Sabrina Henry,NPS
Travis Wilson, WRC
i
CC: Greg Daisey,DCM
,
FROM: Cathy Brittingham,Transportation Project Coordinator
DATE: December 23,2019
.
SUBJECT: Proposed Minor Modification to CAMA Major Permit No. 106-12 for habitat
enhancement at the Oregon Inlet Terminal Groin,Dare County. E
Please indicate below your agency's position or viewpoint on the proposed project and return this form as
soon as possible to Cathy Brittingham via e-mail at cathy.brittingham®ncdenr.gov. If you have any
questions regarding the proposed project,please contact Cathy Brittingham at(919)707-9149 or Greg
Daisey at(252)207-3656. 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.
Signed /� 47---17-------Date /%%0)
£D_E �/) ,
dyrb.nlN W1YIq
North Carolina Department of Environmental Quality I Division of Coastal Management
DWR Wetlands Unit 1512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9149

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•
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
BRAXTON C.DAVIS
Director
January 21, 2020
N.C. Department of Transportation
113 Airport Drive, Suite 100
Edenton,North Carolina 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 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, [phone] 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.
Sincerely,
‘, . '/.74144"
J athan Howell
Major Permits Manager
N.C. Division of Coastal Management
Enclosure
D_E
Q
a��
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City,North Carolina 28557
252.8082808

ROY COOPER
C
hir Governor
MICHAEL S. REGAN
Secretary
Coastal Management BRAXTON C. DAVIS
ENVIRONMENTAL QUALITY Director
January 21, 2020
Mr. Derb Carter
Southern Environmental Law Center
601 W. Rosemary St., Suite 220
Chapel Hill, NC 27516-2356
RE: N.C. Department of Transportation, Minor Modification for CAMA Major Permit No.
106-12, TIP No. B-2500 Phase I, Replacement of Herbert C. Bonner Bridge over Oregon Inlet
on NC Highway 12, Dare County,NC.
Dear Mr. Carter:
In accordance with paragraph 4.c. of the Bonner Bridge Settlement Agreement, please find
enclosed a copy of the Minor Modification that was issued on January 8, 2020 to the N.C.
Department of Transportation(NCDOT)regarding the above referenced project. This Minor
Modification authorizes the reconfiguration of the proposed 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: excavation
of sandy material to restore open water habitat, and placement of the compatible sandy material
on the adjacent area. Please also find enclosed a copy of the NCDOT permit modification
request.
Please feel free to contact me if you have any questions or would like additional information. I
can be reached via e-mail at cathy.brittinghama,ncdenr.gov or by telephone at(919) 707-9149.
Sincerely,
---C4-1144AL. 411 (hvy
Cathy Brittingham
Transportation Project Coordinator
Enclosure
CC: Jonathan Howell, DCM
Christy Simmons, DCM-PIO
State of North Carolina I Environmental Quality I Coastal Management
DWR Wetlands Unit 1512 North Salisbury Street 11617 Mail Service Center I Raleigh,NC 27699-1617
919-707-9149

Brittingham, Cathy
From: Brittingham, Cathy
Sent: Wednesday, January 08, 2020 2:09 PM
To: Paul Williams
Cc: Arthur_Beyer ([e-mail]); Kyle Barnes; Garcy Ward; Greg Daisey
Subject: Oregon Inlet Terminal Groin Habitat Management, Minor Modification
Attachments: Oregon Inlet Terminal Groin Habitat Management, 106-12, minor modification 2020.pdf
Hello.
Please find attached a Minor Modification of CAMA Major Permit No. 106-12 authorizing the reconfiguration of the
proposed 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.
A paper copy will be sent to NCDOT in Edenton.
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
[phone] phone
cathy.brittinghamAncdenr.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.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
1

Brittingham, Cathy
From: Brittingham, Cathy
Sent: Tuesday, January 07, 2020 11:30 AM
To: Gibson,Jessica M
Cc: Greg Daisey
Subject: DOT permit fee, Oregon Inlet terminal groin habitat enhancement, minor modification
Attachments: DOT PERMIT FEE BILLING REQUEST.doc
Hi Jessica,
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
[phone] 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 httus://dea.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
1

I)OT PERMIT FEE BILLING REQUEST
Date: 1/7/20
To: Jessica Gibson
CC: Greg Daisey
From: Cathy Brittingham
Transfer Amount: $100
Project Description: Reconfiguration of the proposed intertidal pools to maintain suitable
habitat conditions for migratory birds and other federal trust species.
Project Location: Pea Island National Wildlife Refuge (PINWR) in the area adjacent to
the Oregon Inlet Terminal Groin in Dare County
DCM Permit Type and Number: Minor Modification, 106-12
Fee Division if Applicable: (record amounts to be split with DWR, if applicable)
DCM: 100%
DWR: 0%
WBS Element Number: 32635.3.5

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ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
TO: \kyle Barnes,USACE
Garcy Ward,DWR
VSabrina Henry,NPS
J.Pavis Wilson,WRC K"} Re -€ r
CC: Greg Daisey,DCM C�
FROM: Cathy Brittingham,Transportation Project Coordinator
DATE: December 23,2019
SUBJECT: Proposed Minor Modification to CAMA Major Permit No. 106-12 for habitat
enhancement at the Oregon Inlet Terminal Groin,Dare County.
Please indicate below your agency's position or viewpoint on the proposed project and return this form as
soon as possible to Cathy Brittingham via e-mail at [e-mail]. If you have any
questions regarding the proposed project,please contact Cathy Brittingham at(919) 707-9149 or Greg
Daisey at(252)207-3656. 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.
Signed Date
NORTH CAROLINA D_E Q
Department of Environmental(Willy
North Carolina Department of Environmental Quality I Division of Coastal Management
DWR Wetlands Unit 1512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9149

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