NCDOT 106-12 Minor Mod 2019 B2500-A

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ermit Class Permit Number
MODIFICATION/MINOR 106-12
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission ;.\
' Grunt }`�
1 f .
for ;
X Major Development in an Area of Envir'onmefital Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to N.C. Department of Transportation, 113 Airport Drive,Edenton,NC 27932
Authorizing development in Dare County at Atlantic Ocean, NC Highway 12, Pea
Island National Wildlife Refuge , as requested in the permittee's application letter dated 1/2/19, including the
attached workplan drawings(3)as referenced in Condition No. 1 of this permit, &AEC Hazard Notice dated 1/17/19.
This permit, issued on 1/18/19 , 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 (3): 1 dated as received 1/2/19, 1 dated
1/4/19, and 1 dated 1/7/19, except as modified herein.
2) Unless specifically altered herein, this Minor Modification authorizes the following activities 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 Department . 'Do-7 ' V
personnel when the project is inspected for compliance.
Braxton C. Davis, Director
Any maintenance work or project modification not covered
. 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
ce-eeaeae---ti --------------------- - eoeoeecoeeecoo-oaeeeo-oao4o-eeeeeeoessaoesoceeceeecaee000acoeooe

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.
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) In accordance with commitments made by the permittee, the existing dune in the deposition area shall
not be moved.
8) The authorized activities shall not result in impacts to the existing dune system that would weaken the
protective values of these dune systems.
9) No new vegetated wetlands or public trust waters shall be excavated or filled, without permit
modification.
10) The temporary placement and double handling of any excavated or fill material within waters or
vegetated wetlands is not authorized.
11) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State.
General
12) The permittee and/or his contractor shall provide for proper storage and handling of all oils, chemicals,
etc., necessary to carry out the project.

AL'
N.C. Department of Transportation Permit#106-12
Page 3 of 3
ADDITIONAL CONDITIONS
13) 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.
14) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in
Elizabeth City to request a preconstruction conference prior to project initiation.
15) 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.
16) Development authorized by this permit shall only be conducted on lands owned by NCDOT and/or its
right-of-ways and/or easements.
17) 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.
18) 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.
I
oe

is
RECEIVED
{� JAN 0 2
a 2019
DCm_RALEIGH
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER JAMES H.TROGDON,III
GOVERNOR SECRETARY
January 2, 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#32635.1.4
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.
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 the USFWS personnel managing the Refuge,a plan has been
selected with their preferred configuration to reconstruct several pools in the area behind the
groin. The attached aerial photo depicts the 4 pools to be excavated to a depth of 5 feet below the
surface,creating approximately 2.93 acres of open water. Approximately 23,635 yards of sand
will be excavated and deposited adjacent to the site,as shown on the map. This work would
need to take place before February 15th of this year to not impact migratory bird nesting and
foraging areas. Work would be accomplished using an excavator,off road truck(s),and a dozer.
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 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 [e-mail] or(252)482-1861. If necessary,the
permit fee can be charged to WBS#32635.1.4.
Sincerely,
Jerry Jennings,P.E.
Division One Engineer
DocuSIyned by:
Ala 401,44/4•44.
Paul Williams
Division One Environmental
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

Brittingham, Cathy
From: Williams, Paul C
Sent: Monday, January 07, 2019 3:58 PM
To: Daisey, Greg
Cc: Brittingham, Cathy
Subject: RE:Authorization Request - Oregon Inlet Terminal Groin Mining
Attachments: Cross Section - deposition.pdf; Cross Section -excavation.pdf
Greg,
• Cross sections are attached depicting the excavation and deposition of the sand mining and pool construction.
• The stable natural vegetation will not be impacted by the project, and the existing dune in the deposition area will not
be moved.
• Duration of the project would be 3-4 weeks depending on weather conditions. Extended severe weather may increase
this timeframe.
• Please send the Ocean Hazard AEC Notice for signature as soon as possible.
Timing is crucial for this project to be completed by the Feb. 15th deadline required by USFWS. Please request the agencies
comment on the project as soon as they can. Let me know if I can contact them to answer any questions or concerns they may
have.
I would like to emphasize the purpose of this project is to meet our easement requirement to manage wildlife habitat on the
Refuge. If we miss this timeframe, the project could not happen until November.
Thanks,
Paul C. Williams,Jr.
Environmental Specialist
Division One
NC Department of Transportation
[phone] office
[phone] mobile
[phone] fax
pcwilliams2(ancdot.gov
113 Airport Dr.
Suite 100
Edenton, NC 27932
frti
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
1

OCEAN HAZARD AEC NOTICE
Project is in an: Ocean Erodible Area Inlet Hazard Area
h4, i�''7 TMk T OF�,.rSPhrf ' kA
Property Owner: ��
Ci
F-i:C.v,4 j1'3 i+4-11'it Ci‘ 1P vs-At. (>'t t+.3 Co/\—r (-0,A Srr�.x.i
Property Address: r
(54P A►i"t. 1,- )
Date Lot Was Platted: 1‘s)iNt
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 IX- feet per year. C-> (-) it-1
rate was established bycareful analysis of aerial Local Permit Officer
The
photographs of the coastline taken over the past 50 years.
The flood waters in a major storm are predicted to be about
15-I . feet deep in this area. Address
Preferred oceanfront protection measures are beach nourishment �,{�`-e /
and relocation of threatened structures. Hard erosion control 'T C�`��' /
structures such as bulkheads,seawalls,revetments,groins,jetties Locality `
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain conditions. asa r,,,a .'41
C All:.. 241
The applicant must acknowledge this information and Phone Number 1
requirements by signing this notice in the space below.Without
the proper signature.the application will not be complete.
p—DocuSigned by:
✓'
.tuG .0aLtn a- 1/17/2019
7('7QRnn2gn I c.17,E...
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 find 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
PRE-PERMIT STRUCTURE.INADEQUATE SETBACK
PERMITTED
STRUCTURE PRE-STORM BEACH PROFILE
ADEQUATE POST.STORM BEACH PROFILE
SETBACK
ONE YEAR AFTER STORM/BEACH REBUILDING
.. �r---+-. -. tea.
•
After the storm, the house on the dune will be gone. The other house has a much better chance of survival.

• Terminal Groin Mining 2019 RECEIVED
Pea Island National Wilidlife Refuge
Dare County Quad Name Oregon Inlet
'- 2019
EIGH
•
- 4=
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.4j' >' 4 Excavated Pools
,.x•: Approx. Total 2.93 acres - Excavation Boundary V. 1
i
1.. 4‘. - t _. tvim ` �3-s_ PA '
r vm, Area of Deposition
= Approx. 2.36 acres
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OREGON INLET MINING 2019
TYPICAL CROSS SECTION
DEPOSITION
RECEIVED
JAN 0 7 2019
DCM-RALEIGH
APPROX.12'ABOVE
BEACH ELEVATION
EXISTING VEGETATED
DUNE
OCEAN
B UNDAR
DEPOSITION
DEPOSIT
ION
BOUNDARY ••
Y
.....................................................
....... .. .. • .......................,.... ..........................
LAT: 35.770656°
LONG: -75.523281°
NC DEPT.OF TRANSPORTATION
COUNTY: DARE
QUAD: OREGON INLET
BASIN: PASQUOTANK
i 0 0 4 PROJECT. SAND MINING
■ ■ ■ ■ ■ NOTE: SAND PLACED IN DEPOSITION AREA ►1'BS #: 32635.1.4
• • • • • SCALE: 1" = 40'
WILL NOT IMPACT PERMANENT VEGETATION. DATE: I/72019
DRAWN BY: PAUL WILLIAMS

OREGON INLET MINING 2019 -
TYPICAL CROSS SECTION
EXCAVATION
RECEIVED
JAN 0 7 2019
DCM-RALEIGH
OCEAN < 50-75 FT.
i EXISTING SAND FLAT
\
APPROX.
5 FT.
SAND EXCAVATED 7 I
LAT: 35.771825°
LONG: -75.524806°
NC DEPT.OF TRANSPORTATION
COUNTY: DARE
QUAD: OREGON INLET
BASIN: PASQUOTANK
NOTE: 4 PONDS TO BE EXCAVATED TO APPROX. 5 FEET PROJECT: SAND MINING
0' 0' 10' BELOW THE SAND FLAT ELEVATION. APPROX. 23,635 YARDS WBS #: 32635.1.4 CA
SCALE: I" = /
•• • • • IO'
OF SAND TO BE EXCAVATED. DATE: v
DRAWN BY: PAUL WILLIAMS

REGION 4
INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM
Originating Person: Rebecca Harrison, Supervisory Wildlife Biologist
Telephone Number: [phone] ext. 231 E-Mail: rebecca [e-mail]
fws.gov
Date: December 7, 2018
PROJECT NAME (Grant Title/Number): Sand Mining Authorization for Habitat
Improvement on the Fillet Adjacent to the Oregon Inlet Terminal Groin on Pea Island
National Wildlife Refuge,Dare County, North Carolina
I. Service Program:
Ecological Services
Federal Aid
Clean Vessel Act
Coastal Wetlands
Endangered Species Section 6
Partners for Fish and Wildlife
Sport Fish Restoration
Wildlife Restoration
Fisheries
X Refuges/Wildlife
II. State/Agency: U. S. Fish& Wildlife Service
III. Station Name: Pea Island National Wildlife Refuge
IV. Description of Proposed Action (attach additional pages as needed):
The North Carolina Department of Transportation(NCDOT) is currently replacing the Herbert C.
Bonner Bridge (Bridge No. 11) on NC 12 over Oregon Inlet at Pea Island National Wildlife
Refuge(Refuge) because it has reached the end of its service life. Additionally,NCDOT is
planning for future phases to maintain the NC 12 transportation corridor. In December 2010, the
Federal Highway Administration(FHWA) issued a Record of Decision (ROD) for TIP Project B-
2500 and a Final Environmental Impact Statement and a Final Section 4(f) Evaluation,which
includes the replacement of the Bonner Bridge and a long-term solution for NC 12 between
Oregon Inlet and Rodanthe. The Selected Alternative for Project B-2500 is the Parallel Bridge
Corridor with NC 12 Transportation Management Plan(NC 12 TMP). As explained in the ROD,
a component of the NC 12 TMP is a detailed coastal monitoring program that is designed to
assist the agencies in deciding when the planning efforts for future phases of the Project B-2500
should begin. The coastal monitoring program includes detailed annual monitoring reports that
summarize data collected by the NCDOT and other agencies. The NCDOT/FHWA record of
NEPA and Section 4f documentation are available online
(https://www.ncdot.gov/projects/bonner-bridge/Pages/prof ect-documents.aspx).

Through the entire planning process for all on-Refuge alternatives, FI-IWA and NCDOT stated
the Terminal Groin must be retained (Bonner Bridge Replacement FEIS 2008 pg xxviii).
NCDOT requested a new permit from Pea Island National Wildlife Refuge to retain the Oregon
Inlet Terminal Groin.
The study area for the coastal monitoring program includes both the study area of the existing
terminal groin monitoring program (developed in conjunction with the U.S. Fish and Wildlife
Service [USFWS], per the Permit issued in June 1989) and the TIP Project B-2500 study area.
In August 2012, a new Easement (permit) for the terminal groin monitoring was signed. The
2012 permit required several monitoring and management conditions, including moving sand to
create suitable habitat conditions for migratory birds or other federal trust species within 0.5
miles of the terminal groin. The results of the terminal groin monitoring required as a condition
of the 2012 permit are included in the annual coastal monitoring report. The permit stipulated
that a single habitat management action would usually occur in one fall/winter period outside the
migratory bird and sea turtle nesting season and involve moving up to 200,000 - 300,000 yd3 of
sand from within an area of approximately 25-30 acres in the vicinity of the terminal groin as
determined by the Refuge Manager. Several trigger points for habitat management actions
included any of the following conditions: 1)when low energy open water intertidal pool(s)with
unvegetated moist sand in and along the shoreline is (are) less than one-acre in size on February
1 of each year and is not likely to persist through the upcoming beach nesting bird season, 2)
when low energy open water intertidal pool(s) have emergent marsh vegetation which prevents
access to foraging by piping plover, American oystercatcher, and other shorebird species, and 3)
when contiguous,dry coarse sand and shell substrate that is within 0.5 mile of the low energy
open water intertidal pool(s) with unvegetated moist substrate in and along the shoreline is
reduced to less than 25 acres by dune formation and plant succession.
When the Terminal Groin permit was updated in 2012, it was anticipated that habitat
management would be necessary at approximately 5-year intervals plus or minus 2-years,
depending upon storm frequency and intensity, and habitat monitoring results. This action of
moving sand to create moist sand and intertidal pool habitat with unvegetated shoreline has
occurred several times in the past 10 years in winter 2008/09, 2011, and most recently in 2014. In
2011 and 2014,NCDOT requested mining the sand and using it elsewhere on the Refuge for
emergency maintenance activities within the NC 12 easement associated with the Bonner Bridge
and New Inlet Bridge construction projects. In both cases, this action was allowed with
conditions associated with a special use permit and informal Section 7 consultation.
Spatial analyses using the aerial photos flown in February 2018 (as provided by NCDOT as
conditions of the 2012 Terminal Groin permit) indicated the ponds behind the groin were
approximately 0.52 acres. Given the wind events and Winter Storm Riley in March 2018, it is
anticipated this acreage has further decreased since the spring. The proposed excavation area is
approximately 5.7 acres in size (see attached maps). NCDOT will excavate the area to a
configuration determined by the Refuge. It is estimated the maximum excavation depth will be
approximately five feet deep and involve the movement of—30,000-50,000 yd3 of sand. The
current proposed habitat management action will not move mined sand off-site, but instead
spread sand into an adjacent deposition area approximately 2.4 acres in size located southeast of

the proposed excavation area(see attached maps). The Refuge will allow NCDOT and associated
contractor equipment temporary access from the sand stockpile behind the old Coast Guard
station to the excavation site. The proposed actions will only be allowed to occur if actions can
be completed by March 1 to ensure minimal disturbance to migratory shorebirds arriving for the
breeding season. NCDOT will be responsible for obtaining all necessary federal and state permits
and will cover all the costs associated with the proposed habitat management action. Refuge
personnel will oversee field operations once they begin.
Wintering piping plovers have been documented using habitats near the proposed management
area. Refuge personnel will survey for piping plovers before any sand movement occurs in order
to minimize impact on roosting birds. Regular refuge-wide bird surveys are also conducted 2-
3x/month and will be used to inform any management actions. This proposed project area has
been historically used by multiple species of breeding shorebirds and colonial nesting waterbirds
including American oystercatchers, black skimmers, least terns,and piping plovers. In 2018, we
observed no nesting least terns or black skimmers likely due to increased vegetation and reduced
habitat quality. In 2018, one pair of piping plovers and one pair of oystercatchers nested near the
ponds, but these attempts did not result in fledging success. It is anticipated by the proposed
actions of moving sand to create moist sand and intertidal pool habitats with unvegetated
shoreline with coarse shell substrate that habitat quality for these nesting shorebirds and
waterbirds will be greatly improved.
Analyses conducted for this Section 7 evaluation are based upon information presented in the
various NEPA documents prepared by the North Carolina Department of Transportation and the
FWS Biological Opinion prepared for the Bonner Bridge replacement project. This analysis also
is based upon sound professional judgment by refuge managers,ecologists, coastal geologists,
and wildlife biologists.
Federal Highway Administration&North Carolina Department of Transportation. 2008. Final
Environmental Impact Statement and Section 4(f) Evaluation for NC 12 Replacement of Herbert
C. Bonner Bridge (Bridge No. 11) over Oregon Inlet. Federal-Aid No. BRS-2358(15).NCDOT
Project Definition: 32635. TIP Project No. B-2500. Dare County,North Carolina.
Federal Highway Administration&North Carolina Department of Transportation. 2010. Record
of Decision for NC 12 Replacement of Herbert C. Bonner Bridge (Bridge No. 11) over Oregon
Inlet. Federal-Aid No. BRS-2358(15).NCDOT Project Definition: 32635. TIP Project No. B-
2500. Dare County,North Carolina.
Federal Highway Administration&North Carolina Department of Transportation. 2013.
Environmental Assessment for Pea Island Long-Term Improvements Bonner Bridge
Replacement Project Phase IIa. Federal-Aid No. BRNFH-0012(55). NCDOT Project Definition:
32635. STIP Project No. B-2500A. Dare County,North Carolina.
Federal Highway Administration&North Carolina Department of Transportation. 2013. Record
of Decision for Pea Island Long-Term Improvements Bonner Bridge Replacement Project Phase

•
IIa. Federal-Aid No. BRNFH-0012(55). NCDOT Project Definition: 32635. STIP Project No. B-
2500A. Dare County, North Carolina.
Federal Highway Administration&North Carolina Department of Transportation. 2013.
Environmental Assessment for NC 12—Rodanthe Breach Long-Term Improvements Bonner
Bridge Replacement Project Phase IIb. Federal-Aid No. BRNFH-0012(55). NCDOT Project
Definition: 32635. STIP Project No. B-2500B. Dare County, North Carolina.
V. Pertinent Species and Habitat:
A. Include species/habitat occurrence map: Details about the location of each
species has been explained in Section VI, E in place of a map.
B Complete the following table:
SPECIES/CRITICAL HABITAT STATUS'
American alligator(Alligator mississippiensis) TSA
Bald Eagle (Haliaeetus leucocephalus) BGPA
Green sea turtle (Chelonia mydas) T
Hawksbill sea turtle (Eretmochelys imbricate) E
Kemp's ridley sea turtle(Lepidochelys kempii) E
Leatherback sea turtle (Dermochelys coriacea) E
Loggerhead sea turtle (Caretta caretta) T
Northern Long-eared Bat(Myotis septentrionalis) T
Piping plover(Charadrius melodus) T
Red-cockaded woodpecker(Picoides borealis) E
Red wolf(Canis rufus) Exp
Roseate Tern(Sterna dougalli) T
Rough-leaved loosestrife (Lysimachia asperulaefolia) E
Rufa Red Knot(Calidris canulus rufa) T
Seabeach amaranth (Amaranthus pumilus) T
West Indian Manatee (Trichechus manatus) E
'STATUS:E=endangered,T=threatened,Exp=experimental population,PE=proposed endangered,PT=proposed
threatened,CH=critical habitat,PCH=proposed critical habitat,C=candidate species,BGPA=Bald and Golden Eagle
Protection Act,TSA=threatened due to similarity of appearance

VI. Location (attach map): See attached map
A. Ecoregion Number and Name: Southeast Region: —No. 34
Roanoke/Tar/Neuse/Cape Fear Ecosystem
B. County and State: Dare County, North Carolina
C. Section, township and range (or latitude and longitude):
35.7712 N -75.5258 W
D. Distance(miles) and direction to nearest town: The village of Rodanthe
borders the refuge on the southern end. The town of Nags Head is approximately
6 miles north of Oregon Inlet which borders the refuge on the north end.
E. Species/habitat occurrence:
American alligator—Observed in Dare, Hyde, Tyrrell, and Washington Counties and in
the freshwater systems on Alligator River. Rarely observed on the Outer Banks
and there are no recorded observations on Pea Island NWR.
Bald eagle—Observed in Beaufort, Dare, Hyde, Tyrrell,and Washington Counties and is
sometimes observed on Pea Island NWR.
Green sea turtle—Observed in Dare and Hyde Counties. Some nesting occurs on Pea
Island NWR.
Hawksbill sea turtle—Observed in Dare and Hyde Counties but there is no documented
nesting on Pea Island NWR.
Kemp's Ridley sea turtle—Observed in Beaufort, Dare,and Hyde Counties. Very rare
nesting occurs on Pea Island NWR.
Leatherback sea turtle - Observed in Dare and Hyde Counties but there is no documented
nesting on Pea Island NWR.
Loggerhead sea turtle- Observed in Dare and Hyde Counties and regularly nests on Pea
Island NWR.
Northern long-eared bat - Observed in Dare, Hyde, Tyrrell, and Washington Counties.
Occurrence on Pea Island NWR has not been documented.
Piping Plover- Observed in Dare and Hyde Counties and regularly nests on Pea Island
NWR. The piping plover has been observed on the beach, behind the terminal
groin, and, on rare occasions, around managed impoundments. The Atlantic
population of the piping plover is found on the Refuge during the breeding season
and the Great Lakes population uses the Refuge for wintering.
Red knot(Rufa) - Observed in Beaufort, Dare, Hyde, Tyrrell, and Washington Counties
and occurrence has been documented on Pea Island NWR. The red knot is
sometimes observed on the Refuge in relatively low numbers, mostly during

migration periods. No red knots have been observed using the fillet area.
Red wolf- Observed in Beaufort, Dare, Hyde, Tyrrell, and Washington Counties.
Occurrence has not been documented on Pea Island NWR.
Red-cockaded woodpecker- Observed in Beaufort, Dare, Hyde, and Tyrrell Counties.
Occurrence has not been documented on Pea Island NWR.
Roseate tern - Observed in Dare and Hyde Counties. Very rare occurrence on Pea Island
NWR.
Rough-leaved loosestrife—Observed in Beaufort County. Has not been observed in
surrounding counties and has not been documented on Pea Island NWR.
Seabeach amaranth -Observed in Dare and Hyde Counties but not documented on Pea
Island NWR.
West Indian Manatee - Observed in Beaufort, Dare, Hyde, Tyrrell, and Washington
Counties but not documented on Pea Island NWR.
VII. Determination of Effects:
A. Explanation of effects of the action on species and critical habitats in item V.
(attach additional pages as needed)
SPECIES/CRITICAL HABITAT IMPACT TO SPECIES/CRITICAL
HABITAT
American alligator(Alligator mississippiensis) Not likely to adversely affect species or
critical habitat.
Bald Eagle (Haliaeetus leucocephalus) Not likely to adversely affect species or
critical habitat.
Green sea turtle (Chelonia mydas) Not likely to adversely affect species or
critical habitat.
Hawksbill sea turtle(Eretmochelys imbricate) Not likely to adversely affect species or
critical habitat.
Kemp's ridley sea turtle (Lepidochelys kempii) Not likely to adversely affect species or
critical habitat.
Leatherback sea turtle (Dermochelys coriacea) Not likely to adversely affect species or
critical habitat.
Not likely to adversely affect species or
Loggerhead sea turtle (Caretta caretta) critical habitat.
Northern Long-eared Bat (Myotis Not likely to adversely affect species or
septentrionalis) critical habitat.
Piping plover(Charadrius melodus) Not likely to adversely affect species or

critical habitat.
Not likely to adversely affect species or
Red-cockaded woodpecker(Picoides borealis) critical habitat.
Red Knot (Calidris canutus rufa) Not likely to adversely affect species or
critical habitat.
Red wolf(Canis rufus) Not likely to adversely affect species or
critical habitat.
Roseate Tern (Sterna dougalli) Not likely to adversely affect species or
critical habitat.
Rough-leaved loosestrife (Lysimachia Not likely to adversely affect species or
asperulaefolia) critical habitat.
Seabeach amaranth (Amaranthus pumilus) Not likely to adversely affect species or
critical habitat.
West Indian Manatee (Trichechus manatus) Not likely to adversely affect species or
critical habitat.
A more detailed assessment of the project effects on federally listed species can be found in the
Biological Assessment (BA) for NC 12 Replacement of Herbert C. Bonner Bridge prepared by
the Federal Highway Administration(FHWA) and NCDOT in 2008. The BA was followed by
Biological and Conference Opinions (BO)prepared by the USFWS Raleigh Field Office Raleigh
Field Office in July, 2008. The original Section 7 evaluation for the most recent Terminal Groin
permit was submitted to the USFWS Raleigh Ecological Field Office in August 2011. In May,
2013 FHWA requested re-initiation of consultation in the context of the Phase IIa project. Later
in May, 2013 the USFWS Raleigh Field Office concluded in a response letter to FHWA that the
Phase IIa project does not alter the effects determination for federally listed species and their
critical habitat.
B. Explanation of actions to be implemented to reduce adverse effects:
SPECIES/CRITICAL HABITAT ACTIONS TO MITIGATE/MINIMIZE
HABITAT
American alligator(Alligator mississippiensis) See stipulations in the Compatibility
Determination and Deed of Easement
Bald Eagle(Haliaeetus leucocephalus) See stipulations in the Compatibility
Determination and Deed of Easement
Green sea turtle (Chelonia mydas) See stipulations in the Compatibility
Determination and Deed of Easement
Hawksbill sea turtle (Eretmochelys imbricate) See stipulations in the Compatibility
Determination and Deed of Easement
Kemp's ridley sea turtle (Lepidochelys kempii) See stipulations in the Compatibility
Determination and Deed of Easement

Leatherback sea turtle (Dermochelys coriacea) See stipulations in the Compatibility
Determination and Deed of Easement
Loggerhead sea turtle(Caretta caretta) See stipulations in the Compatibility
Determination and Deed of Easement
Northern Long-eared Bat (Myotis See stipulations in the Compatibility
septentrionalis) Determination and Deed of Easement
Piping plover(Charadrius melodus) See stipulations in the Compatibility
Determination and Deed of Easement
Red-cockaded woodpecker(Picoides borealis) See stipulations in the Compatibility
Determination and Deed of Easement
Red Knot(Calidris canutus rufa) See stipulations in the Compatibility
Determination and Deed of Easement
Red wolf(Canis rufus) See stipulations in the Compatibility
Determination and Deed of Easement
Roseate Tern(Sterna dougalli) See stipulations in the Compatibility
Determination and Deed of Easement
Rough-leaved loosestrife (Lysimachia See stipulations in the Compatibility
asperulaefolia) Determination and Deed of Easement
Seabeach amaranth(Amaranthus pumilus) See stipulations in the Compatibility
Determination and Deed of Easement
Sensitive joint vetch (Aeschynomene virginica) See stipulations in the Compatibility
Determination and Deed of Easement
West Indian Manatee(Trichechus manatus) See stipulations in the Compatibility
Determination and Deed of Easement
VII. Effect Determination and Response Requested:
Determination I
SPECIES/CRITICAL HABITAT Response requested
NE NA AA
American alligator(Alligator mississippiensis) X Concurrence
Bald Eagle (Haliaeetus leucocephalus) X Concurrence
Green sea turtle (Chelonia mydas) X Concurrence
Hawksbill sea turtle(Eretmochelys imbricate) X Concurrence
Kemp's Ridley sea turtle (Lepidochelys kempii) X Concurrence
Leatherback sea turtle(Dermochelys coriacea) X Concurrence
Loggerhead sea turtle (Caretta caretta) X Concurrence
Northern Long-eared Bat(Myotis X Concurrence
septentrionalis)
Piping plover(Charadrius melodus) X Concurrence

Red-cockaded woodpecker(Picoides borealis) X Concurrence
Red Knot(Calidris canutus rufa) X Concurrence
•
Red wolf(Canis rufus) X Concurrence
Roseate Tern(Sterna dougalli) X Concurrence
Rough-leaved loosestrife (Lysimachia X Concurrence
asperulaefolia)
Seabeach amaranth (Amaranthus pumilus) X Concurrence
West Indian Manatee (Trichechus manatus) X Concurrence
Determination/Response Requested:
NE=no effect. This determination is appropriate when the proposed action will not directly,indirectly or cumulatively impact,either
positively or negatively,any listed,proposed,candidate species or designated/proposed critical habitat. Response Requested is optional but
A Concurrence@ is recommended for a complete Administrative Record.
NA=not likely to adversely affect. This determination is appropriate when the proposed action is not likely to adversely impact any listed,
proposed,candidate species or designated/proposed critical habitat or there may be beneficial effects to these resources. Response
Requested is A Concurrence.
AA=likely to adversely affect. This determination is appropriate when the proposed action is likely to adversely impact any listed,proposed,
candidate species or designated/proposed critical habitat. Response Requested for listed species is A Formal Consultation. Response
Requested for proposed or candidate species is A Conference.
Altai id171/
Signature (originating station) Date
Supervisory Wildlife Biologist
Title

Reviewing Ecological Services Office Evaluation:
A. Concurrence V Nonconcurrence
B. Formal consultation required
C. Conference required
D. Informal conference required
E. Remarks (attach additional pages as needed):
/44204
)1\4"(
Si nature Date
ap,4 IN;ldVe 8;0169i51- Pa Es
Title Office

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B: 1907 P: 359 Doc id: 6316328
Receipt N: 12-11968
09/10/2012 01:47 PM NCExcise Tax pd: $0.00
Doc Code- ESMT
Vanzolla McMurran-Smith, Register of Deeds Dare CO, NC
EXEMPT
DARE COUNTY TAX 6316328 B: 1907 ;: 359 Page 1 of 12 9/10/12 1:47 PM
COLLECTOR ■III Fri III III
NO. aq(01`
Prepared By:
U.S.Fish and Wildlife LA—North Carolina
1875 Century Boulevard,Suite 420 Pea Island NWR
Atlanta,Georgia 30345 State of North Carolina
Return To: Department of Transportation
NGDl7-r or1Nat (M11)
2310 NC-42'V esi-
Ahoskce, nt 2'1910 EASEMENT
For: THE RENEWAL OF THE PERMIT DATED DUNE 20, 1989 FOR THE NORTH
CAROLINA DEPARTMENT OF TRANSPORTATION TO USE WILDLIFE REFUGE
LANDS FOR THE RETENTION OF THE EXISTING TERMINAL GROIN AND
CONNECTED REVETMENTS ON THE NORTHERN TERMINUS OF PEA ISLAND
NATIONAL WILDLIFE REFUGE,
THE SECRETARY OF THE INTERIOR,through his authorized representative, the
Regional Director,U.S. Fish and Wildlife Service (Service),whose address is 1875 Century
Boulevard, Room 420,Atlanta,Georgia 30345, (GRANTOR),in accordance with applicable
authorities and regulations published in 50 CFR 29.21, does hereby grant an easement to the
North Carolina Department of Transportation(NCDOT), 1501 Mail Service Center,Raleigh,
North Carolina 27699-1501, (GRANTEE),to use and occupy certain lands in Dare County,
North Carolina,located within the boundry of the PEA ISLAND NATIONAL WILDLIFE
REFUGE (Refuge)for so long as it is used for the purpose described herein.
The purpose of this easement is for the renewal of Permit dated June 20, 1989, and will be for
the retention of the existing terminal groin and connected revetments (sometimes referred to
herein as the"project") on the northern point and ocean front of the Pea Island National Wildlife
Refuge, to protect the existing bridge and new bridge planned over Oregon Inlet. Consideration
for this grant shall be the conservation, management, and where designated the enhancement of
wildlife habitat affected by stabilization of dynamic inlet over-wash,dominated habitats along
the north end of the Refuge, and partially restoring habitat lost to both avulsive and erosive
action or degradation due to interference with the natural movement of sand and sediments
through structural stabilization of the inlet shoreline. Upon signature by both parties,the terms
and conditions of this easement shall replace all terms and conditions of the previous Permit,and
its subsequent amendments. This Project is authorized under the National Wildlife Refuge
System Administration Act(16 U.S.C. § 668dd(d)(1)(B)).
These lands are more particularly described as follows:
See Exhibit"A" and "B"

GENERAL STIPULATIONS
By accepting this easement the grantee agrees to the following terms and conditions,and to
assume all financial responsibility for their implementation:
1. To comply with all Federal, State, and local laws applicable to the project,the easement
area, or activities conducted thereon.
2. To clear and keep clear the lands within the easement area to the extent and in the manner
directed by the Service; and to dispose of all vegetative and other material cut, uprooted, or
otherwise accumulated during the construction and maintenance of the project in such a manner
as to decrease the fire hazard and also in accordance with such instructions as the Service may
specify.
3. To prevent the disturbance or removal of any public land survey monument or project
boundary monument unless and until the grantee has requested and received from the Service
approval of measures the grantee will take to perpetuate the location of those monuments.
4. To take such soil and resource conservation and protection measures, including weed
control on the land covered by the easement as the Service may request.
5. To do everything reasonably within its power, both independently and on request of the
Service,to prevent and suppress fires on or near, lands to be occupied under the easement,
including making available such construction and maintenance forces as may be reasonably
obtainable for the suppression of such fires.
6. To rebuild and repair infrastructure as may be destroyed or injured by construction work.
7. To pay the United States the full value for,or repair to the satisfaction of the Service, all
damages to the lands or other property of the United States caused by grantee, or its employees,
contractors, or employees of the contractors. In all contracts engaged in by grantee with private
parties in connection with the construction,operation,and maintenance of the terminal groin and
revetment,the private party shall be required to indemnify the United States and hold it harmless
against any liability for personal injury or property damage arising from the occupancy or use of
the lands under the easement.
8. All or any part of the easement granted may be suspended or terminated by the Regional
Director, Fish and Wildlife Service, for failure to comply with any or all terms and conditions of
the grant, or for abandonment. A rebuttable presumption of abandonment is raised by deliberate
failure of the holder to use for any continuous 2-year period the easement for the purpose for
which it was granted or renewed. In the event of noncompliance or abandonment,the Regional
Director will notify the holder of the easement in writing of her intention to suspend or terminate
such grant 60 days from the date of notice, stating the reasons,unless prior to that time the holder
completes such corrective actions as are specified in the notice. The Regional Director may
grant an extension of time within which to complete corrective actions when, in her judgment,
extenuating circumstances not within the holder's control such as adverse weather conditions,
disturbance to wildlife during breeding periods or periods of peak concentration, or other
compelling reasons warrant. Failure to take corrective action within the 60-day period will result
6316328 B: 1907 P. 359 Page 2 of 12 9/10/12 1:47 P11
■III VI F'IIIMI4 III,K YC IOV I4'I I IFi/Y INti 11111

in a determination by the Regional Director to suspend or terminate the easement. No
administrative proceeding shall be required where the easement terminates under its terms.
9. To restore the land to its original condition to the satisfaction of the Regional Director so
far as it is reasonably possible to do so upon revocation and/or termination of the easement,
unless this requirement is waived in writing by the Regional Director. Termination also includes
easements that terminate under the terms of the grant.
10. To keep the project manager informed at all times of its address,and in case of
corporations,the address of its principal place of business and the names and addresses of its
principal officers.
FOR THE GRANTEE: FOR THE GRANTOR:
State of North Carolina United States of America
Department of Transportation Fish and Wildlife Service
Attn: Secretary of Transportation Attn: Refuge Manager
1501 Mail Service Center Pea Island NWR
Raleigh,North Carolina 27699-1501 708 North Highway 64
919-707-2900 Manteo,North Carolina 27954
252-473-1131 ext. 222
11. In the construction, operation,and maintenance of the project, grantee shall not
discriminate against any employee or applicant for employment because of race, creed,color,or
national origin and shall require an identical provision to be included in all subcontracts.
12. The grant of the easement shall be subject to the express condition that the exercise
thereof will not unduly interfere with the management, administration,or disposal by the United
States of the lands and waters affected thereby. The grantee agrees and consents to the
occupancy and use by the United States, its grantees,permitees, or lessees or any part of the
easement area not actually occupied for the purpose of the granted rights to the extent that it does
not interfere with the full and safe utilization thereof by the holder. The holder of the easement
also agrees that the authorized representative of the United States shall have the right of access to
the easement area for the purpose of making inspections and monitoring the construction,
operation and maintenance of facilities.
13. The easement herein granted shall be subject to the express covenant that any facility
constructed thereon will be modified or adapted by the grantee,if such is found by the Service to
be necessary,without liability or expense to the United States,so that such facility will not
conflict with the use and occupancy of the land for any authorized works which may hereafter be
constructed thereon under the authority of the United States.
14. The easement herein granted shall be for the specific use described and may not be
construed to include the further right to authorize any other use within the easement area unless
approved in writing by the Service.
3
6316328 B. 1907 P: 359 Page 3 of 12 9/10/12 1:47 P11
1111 P ,YYtiliiI1KKItigliVNICIOVIVIC III II

15. To abstain from or perform,those activities as required by the Service in order to comply
with the requirements of the National Historic Preservation Act of 1966 (16 U.S.C. 479 et seq.),
the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et seq.)Executive Order
11593 "Protection and Enhancement of the Cultural Environment"of May 13, 9171 (36 FR
8921),and Procedures for the Protection of Historic and Cultural Properties"(36 FR. 800).
16. Upon completion of any construction authorized by this easement,the applicant will file
a certificate of completion with the Service.
SPECIAL STIPULATIONS
SECTION I: GENERAL CONDITIONS
(1) The document "Environmental Impacts of the Oregon Inlet/Pea Island Terminal Groin, "
(Terminal Groin Report)which is a part of the Bonner Bridge project administrative record is an
accepted reference document, is attached to this easement as Appendix H and for reference
purposes is made a part hereof.
(2) NCDOT is authorized to operate, maintain, and monitor a terminal groin not to exceed
2,750 feet and revetment of 625 feet on the north point of Pea Island National Wildlife Refuge as
shown on Exhibits"A"and`B"attached hereto and made a part hereof. This easement does not
authorize extension or expansion of the existing structure in any location.
(3) During the period covered by this easement if NCDOT should require the temporary use
of additional lands outside the permitted area for purposes of maintaining the structure, such uses
shall be considered on a case-by-case basis and may be authorized by Special Use Permit, Letter
of Authorization, or other written instrument.
All temporary uses associated with the revetment and terminal groin shall occur in full
compliance with the following provisions:
a. Use of the area will be planned to minimize disturbance, compaction, filling,excavation,
vegetation destruction, or other reasonably foreseeable impacts on Refuge lands and
waters.
b. All disturbed areas will be restored to pre-project condition as approved by the Refuge
Manager,c/o Pea Island National Wildlife Refuge, P.O. Box 1969, Manteo, North
Carolina 27954. NCDOT will mitigate the loss of or impact to any wetlands and for the
use of Refuge lands in accordance with Federal law,regulation, and policy to achieve no
net loss of wetlands and no reduction in habitat quantity or quality on Refuge land. This
4
6316328 B: 1907 P: 359 Page 4 of 12 9/10/12 1:47 PM

will be accomplished through a plan acceptable to the Refuge Manager, c/o Pea Island
National Wildlife Refuge.
c. Temporary uses herein granted shall be for the specific use described and may not be
construed to include the further right to authorize any other use within the Refuge
boundaries unless approved in writing by the Service.
(4) The Service and NCDOT will develop monitoring and management programs,as defined
in Section II and Section HI of this easement,to monitor the Refuge habitat and shoreline
changes,the function of the terminal groin and revetment,and beach nourishment if it occurs.
Based on the monitoring reports and trigger points prescribed in this easement, if it is determined
that the terminal groin and revetment are causing long-term adverse habitat impacts or shoreline
erosion or migration by interrupting or otherwise affecting natural sand migration,or both,
NCDOT will have the option to(a)remove the Terminal Groin and revetment structures; (b)
provide funding for habitat management; or(c)perform habitat management actions as described
by the Service in the referenced monitoring and management program sections to achieve no net
loss of quantity and quality of habitat. All actions will be subject to the approval of the Service.
All cost estimates set forth below are based on 2012 dollars.
(5) Proposed modification or extension of the terminal groin and revetment will require
reevaluation and full compliance with applicable environmental review requirements,before
issuance of a new or revised easement will be considered. Any reevaluation shall consider all
direct,indirect, and cumulative impacts on the ecological integrity of Refuge land.
(6) NCDOT owns the revetment and groin and all appurtenant improvements for the term
of this easement. Accordingly, it is the responsibility of NCDOT to construct,operate,and
maintain the permitted features in a manner that will protect the public health and safety.
SECTION II: MONITORING CONDITIONS
NCDOT Monitoring Program:
NCDOT shall provide sufficient funding for the purpose of working with a mutually agreed-
upon panel of coastal science experts from appropriate disciplines to develop the required
contents of an Annual Terminal Groin Monitoring Report. NCDOT will develop and submitted
this report to the panel and Service for review by October 31 of each calendar year. The area to
be covered(monitored area) is on the Refuge and is to include the terminal groin to the new inlet
approximately 6 miles south and from ocean to sound in the first mile south of the terminal groin
and from the ocean to the west side of NC 12 ROW for miles 2-6. The Report shall include the
following sections:
5
6316328 B: 1907 P: 359 Page 5 of 12 9/10/12 1:47 P11
■III p"�mitiamat trii'ldrili hvii on {a��i�l+l ■I III

For Aerial Photography:
NCDOT shall conduct aerial photography four times per year covering the four seasons within
the monitored area. NCDOT will provide the data to the Service in a format acceptable to the
Service on a quarterly basis by providing the previous quarter before the following quarter ends.
NCDOT shall include a base map with a shoreline change overlay in the annual report. The
Service acknowledges that NCDOT has already begun taking the aerial photographs and
coverage includes the whole Refuge.
For Habitat Monitoring:
A geo-spatial habitat analysis section shall be prepared once every five years starting before
construction of the parallel bridge. The analysis shall characterize type, quality, and extent of
habitats in the monitored area. The cost estimate is approximately$25,000 every five years.
A modeling section using computer software (e.g. STELLA)for detecting habitat change over
time shall be prepared once every five years starting before construction of the parallel bridge.
Model geo-spatial outputs should predict future changes in type and extent of habitats at time
intervals not to exceed 15 years in the monitored area. Modeling data shall further be used to
inform transportation corridor decisions related to Refuge lands. The cost estimate is
approximately$25,000 every five years.
A one-time historic aerial photography section using photography from 1977, 1982, 1987, 1992,
1997, 2002, 2007 and 2012 shall be prepared. These are the recommended target years,but
other representative dates selected by the panel of coastal experts based upon available
photography with sufficient resolution to accomplish report objectives would be suitable. The
purpose is to document historic habitat change on the Refuge as a baseline from a time prior to
and during the term of the original terminal groin Permit. This information will help reduce
variability in data used to monitor habitat change and forecast future conditions. The cost
estimate is approximately $25,000.
NCDOT shall monitor physical and biological parameters along transects across the beach at
approximately 0.2 mile intervals within the monitored area. Monitoring transects shall include,
but are not limited to, dunes to lowest point of the swash zone. Physical data collection shall
include, but is not limited to,dune width and height,beach width,beach slope,sand grain size as
determined through one sample from the upper beach,and one sample each from the upper,mid-
and lower swash zone,and mineral content of swash zone sand. Biological data collection shall
include, but is not limited to beach invertebrates such as the ghost crab, swash zone invertebrates
such as the mole crab, coquina,amphipods,and polychaete worms.
6
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1111 Pfi'iI iI1 rvf%enliFIVCIAt;ID IV 111i 11111

For Shoreline Monitoring:
The historic rate of erosion used for previous shoreline monitoring in the original terminal groin
Permit shall be reconsidered and either verified or updated to more accurately reflect shoreline
erosion rates in light of climate change and coastal processes. The historic rate of shoreline
erosion shall be determined through analysis of tidal and sea level rise data compared to
shoreline position over time starting in 1960 to present or other representative dates as selected
by a mutually agreed upon panel of coastal experts based upon available data sufficient to
accomplish the objectives of the analysis. The analysis of the historic rate of shoreline erosion
and future shoreline prediction methodology shall be initiated within 30 days of signing this
easement and shall be completed within 180 days of the date this easement is issued. Shoreline
modeling shall be used as an assessment and forecasting tool to evaluate impacts to North
Carolina Highway 12.
For Assessment of Monitoring Protocols, i.e.,Adaptive Management:
Once every five years the Monitoring Report will include a section with an analysis that
evaluates the effectiveness of the established monitoring protocols with recommendations
identifying protocols to continue and protocols to change or add. The purpose of this analysis is
to evaluate the effectiveness of monitoring as it relates to transportation maintenance needs and
the status of migratory bird and threatened and endangered species resources and their habitats
on the monitored area. If recommendations are made to continue,modify, add, or change
protocols and are mutually agreed to,then revisions to those requirements may be made.
SECTION III: MANAGEMENT CONDITIONS
Beach Nourishment:
If it is determined that the terminal groin and revetment are causing sand loss within the
monitored area in excess of the historic rate of shoreline erosion, as determined by the analysis in
Section II,NCDOT shall provide supplemental beach nourishment on the Refuge beach within
the monitored area to restore such sand loss. Beach nourishment shall be required after a
monitoring period that shows erosion has exceeded the historic rate of shoreline erosion, i.e.,the
trigger point, and shall be done during the appropriate time period. An exception to beach
nourishment can be made only if the affected beach has accreted back to the pre-eroded
condition prior to the period for dredging and nourishment. Beach nourishment shall be in
conformance with then applicable Refuge regulation and policy. Full compliance with the terms
and conditions of the reasonable and prudent measures to reduce the potential for incidental take
of sea turtles as described in the Service's biological opinion last issued on May 26, 1989 is
required.
7
6316328 6: 1907 P: 359 Page 7 of 12 9/10/12 1 :47 P11
!III

Specifically: NCDOT shall provide advance written notification to the Refuge Manager no less
than 60 days prior to proposed commencement of beach nourishment, outlining the time,
method,equipment and routes of access,to conduct nourishment operations. The written
notification shall include data acceptable to the Refuge Manager regarding sand quantity,
suitability(grain size and mineral content),and placement location. Operations will not
commence until the Refuge Manager has reviewed and approved the plans for nourishment and
issued the necessary permits.
Habitat Management:
NCDOT shall provide equipment and personnel necessary to conduct habitat management
actions when the Service determines that habitat conditions for migratory birds or other federal
trust species within 0.5 miles of the terminal groin have become unsuitable due to the actions of
wind or water. The Service shall determine when, where, and type of habitat management
actions to be taken. Habitat management is anticipated to involve mostly moving sand to create
moist sand and intertidal pool habitat with unvegetated shoreline and,nearby, at least 25 acre of
contiguous,dry coarse sand and shell substrate. Moving the sand is likely to occur by: Mining
the sand and using it elsewhere on the Refuge to create a berm for protecting NC 12 and/or
moving the sand to the Refuge beach south of the point of attachment for the Oregon Inlet ocean
bar. It is anticipated that habitat management will be necessary at approximately 5-year intervals
plus or minus 2-years,depending upon storm frequency and intensity, and habitat monitoring
results.
A single habitat management action would usually occur in one fall/winter period outside the
migratory bird and sea turtle nesting season and involve moving up to 200,000—300,000 yd3 of
sand from within an area of approximately 25-30 acres in the vicinity of the terminal groin as
determined by the Refuge Manager.
1. Trigger points for habitat management action are any of the following conditions:
a. When low energy open water intertidal pool(s)with unvegetated moist sand in and
along the shoreline is (are) less than one-acre in size on February 1 of each year and
is not likely to persist through the upcoming beach nesting bird season.
b. When low energy open water intertidal pool(s)have emergent marsh vegetation
which prevents access to foraging by piping plover,American oystercatcher,and
other shorebird species.
c. When contiguous, dry coarse sand and shell substrate—that is within 0.5 mile of the
low energy open water intertidal pool(s) with unvegetated moist substrate in and
along the shoreline—is reduced to less than 25 acres by dune formation and plant
succession.
2. NCDOT shall be responsible for obtaining all necessary permits. NCDOT shall estimate the cost
of moving sand and move the sand. If NCDOT needs the moved sand for maintenance within
8
■Ill ♦M'Y�illiG�f4+.'fo �4rPI�iA'wicwit.mk.leita 1111

the NC 12 easement on the Refuge it would be permitted under a special use permit with
conditions as usual.
IN WITNESS WHEREOF,I have hereunto set my hand this I Criday of ik t ,
ao a . J
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
By: ,c
fitness 61:ii-3 e'd Ce".
gene A.Conti,Jr.
Secre rtation
nuto
1 VZ CCJ .:y5" 01-A4)i
Notary : .: c '` inn
My Co., is .sion expires: 6O -I -
ACKNOWLEDGEMENT 'ON co
IN WITNESS WHEREOF, I have hereunto set my hand this day of
THE UNITED STATES OF AMERICA
Fish and Wildlife Service
By: C.›..1"---1
ltness Cynthi K.Dohner,
Regional Director, Southeast Region
//
No hlic -
M Commission expires: `7 ze l6
' n
9
6316328 B: 1907 P: 359 Page 9 of 12 9/10/12 1:47 PM
M111 ideiY illillAG N.l dliih'tVIC,IV,Irt101.1111111

EX3IBIT "A"
Terminal Groin Metes&Bounds Description
Prepared September 2011
(Section under Bonner Bridge)
GROIN#1: Beginning at Point "404" being N 61"09'44"W and perpendicular to Monument P 194
HAVING COORDINATES OF Northing 750,431.03' Easting 3,032,912.86' 3,164.09 ft. Lt.,thence S
07^52'54" E 11.44 ft.to point "405";thence S 19131'24" E 60.52 ft.to point"406";thence S 131'25'16" E
140.82 ft.to point"407";thence S 12155'20" E 82.15 ft.to point"408";thence S 83^37'54"W 13.27 ft.
to point"409";thence N 131'01'28"W 147.60 ft.to point"447";thence N 141'43'09"W 76.95 ft.to point
"410";thence N 20^50'30"W 55.07 ft.to point"411";thence N 771'17'03"W 36.08 ft.to point"412";
thence N 67'38'48" W 34.55 ft.to point"413";thence N 34^17'17"W 46.18 ft.to point "414";thence N
441'48'08" W 9.16 ft. to point "415";thence N 76^48'48"W 110.54 ft.to point"416";thence N
261'40'27"W 14.71 ft.to point"417";thence N 241'25'26"W 50.57 ft.to point"418";thence N
151'53'45" E 10.38 ft.to point "419";thence N 521'23'56" E 13.25 ft.to point"420";thence N 781'26'16"
E 17.28 ft.to point "421";thence S 791'28'51" E 32.39 ft.to point"422";thence S 761'21'21" E 51.40 ft.
to point"423";thence S 891'12'11" E 40.10 ft.to point"424";thence N 75^14'16" E 37.41 ft.to point
"425";thence N 811'12'04" E 82.90 ft.to point"426"; thence N 771'29'39" E 53.32 ft.to point"427";
thence N 571'59'14" E 43.83 ft.to point"428";thence N 48131'53" E 52.84 ft.to point"429";thence N
321'11'13" E 58.34 ft.to point "430";thence N 281'20'52" E 25.36 ft.to point"431";thence N 391'22'39"
E 28.62 ft.to point "432";thence N 601'14'37" E 26.48 ft.to point"433";thence S 881'49'47" E 78.75 ft.
to point"434";thence S 85^56'26" E 125.67 ft.to point"435";thence S 12197'13" W 23.39 ft.to point
"436";thence S 861'04'33"W 65.14 ft.to point"437";thence N 84^58'41"W 59.19 ft.to point"438";
thence N 811'50'49"W 34.79 ft.to point"439";thence S 76194'14"W 18.91 ft.to point"440";thence 5
51^43'52"W 27.64 ft.to point"441";thence S 32^35'48"W 60.86 ft.to point"442";thence S 421'19'22"
W 87.89 ft.to point"443";thence S 64^13'14"W 132.40 ft.to point"444";thence N 80'47'17"W 65.77
ft.to point"445";thence S 58^56'31"W 3.65 ft.THENCE RUNNING WITH HEADWALL OF BONNER
BRIDGE to point"446"; thence S 64^26'26"W 8.35 ft.to point "160"; thence S 581'03'04"W 7.99 ft.to
point"158";thence S 43'151'18" W 5.97 ft.to point "157";thence S 36^18'12"W 6.88 ft.to point"156";
thence S 291'13'39"W 5.48 ft.to point"155";thence S 151'24'38" W 4.60 ft. to point"154";thence S
191'11'03"W 4.48 ft.to point "153";AND CROSSING CENTER LINE STATION 3510+79.92 OF BONNER
BRIDGE thence S 111'42'06"W 41.21 ft.to point"152";thence S 091'45'34"W 6.50 ft.to point"151";
thence S 00^31'21"W 9.46 ft.to point"150";thence S 16^48'32" E 6.09 ft.to point"149";thence S
261'00'23" E 8.24 ft.to point"148";thence S 37^30'16" E 6.16 ft.to point"400";thence S 471'08'37" E
9.52 ft.to point"401";thence S 65^10'53" E 10.27 ft.to point"402";thence S 79150'03" E 9.87 ft.to
point"403";thence 5 86^53'18" E 45.28 ft.to point"404"; returning to the place of beginning.Area of
Total Groin=39,657 SQ.FT._0.910 AC.
GROIN#2: Beginning at Point "448" being N 611'04'45"W and perpendicular to Monument P 194
HAVING COORDINATES OF Northing 750,431.03' Easting 3,032,912.86' 3,257.06 ft. Rt.,thence N
56^35'04" W 25.71 ft.to point"449"; thence N 741'06'23"W 145.44 ft.to point"450";thence N
781'45'59"W 148.96 ft.to point "451";thence N 761'04'59"W 87.36 ft.to point"452";thence N
78"43'07" W 92.45 ft.to point"453";thence N 641'44'19"W 43.82 ft.to point"454";thence N
58^48'57"W 63.11 ft.to point"455";thence N 271'14'07"W 28.59 ft.to point"456";thence N
201'57'24"W 27.34 ft.to point"457";thence N 35^43'58"W 250.01 ft.to point"458";thence N
36^20'50" W 264.99 ft.to point"459";thence N 311'42'48"W 138.99 ft.to point"460";thence N
21^54'12"W 99.75 ft.to point"461";thence N 15^09'05"W 102.48 ft.to point"462";thence N
07^07'43"W 95.06 ft.to point"463";thence N 01^02'11"W 78.59 ft.to point"464";thence N
6316328 B: 1907 P: 359 Page 10 of 12 9/10/12 1:47 PM
1III! ' 11114,1WIACW IIR4C NM In!Mk III II

051'43'05" E 89.09 ft.to point"465";thence N 12^04'S5" E 96.90 ft.to point"466";thence N 20"36'23"
E 85.07 ft.to point"467";thence N 29^19'50" E 139.24 ft.to point"468";thence N 401'40'10" E 163.24
ft.to point"469";thence N 531'18'54" E 150.62 ft.to point"470";thence N 531'42'30" E 233.44 ft.to
point"471";thence N 54^30'01" E 214.39 ft.to point"472";thence N 511'50'51" E 145.54 ft.to point
"473"; thence N 521'53'18" E 153.03 ft.to point"474";thence N 59^47'19" E 34.45 ft.to point"475";
thence S 891'38'24" E 14.97 ft.to point"476";thence S 581'46'56" E 18.42 ft.to point"477";thence S
401'55'01" E 16.71 ft.to point"478";thence S 09^38'16" E 15.97 ft.to point"479' thence S 20^45'57"
W 26.23 ft.to point"480";thence S 551'15'42"W 196.48 ft.to point"481";thence S 561'20'22"W
106.59 ft.to point "482";thence S 53^37'26"W 152.96 ft.to point"483";thence S 541'09'10" W 147.44
ft.to point"484";thence S 54^46'03" W 138.33 ft. to point"485";thence S 53"26'30"W 125.93 ft.to
point"486";thence S 441'17'24" W 118.28 ft.to point"487";thence S 381'34'42"W 51.79 ft.to point
"511";thence S 341'56'13"W 91.76 ft.to point"488";thence S 251'43'51"W 83.71 ft.to point"489";
thence S 19A23'23"W 112.06 ft.to point"490";thence S 141'01'08"W 80.72 ft.to point"491";thence S
031'08'00" W 95.07 ft.to point"492";thence S 081'12'11" E 79.52 ft.to point"493";thence S 151'27'19"
E 97.76 ft.to point"494";thence S 101'42'06" E 35.09 ft.to point"495'; thence S 20^46'22" E 94.73 ft.
to point"496";thence S 221'27'34" E 39.25 ft.to point"497";thence S 341'26'51" E 145.01 ft.to point
"498";thence S 351'46'01" E 167.20 ft.to point"499";thence S 381'15'30" E 133.51 ft.to point"500';
thence S 281'19'08" E 83.96 ft.to point"501";thence S 331'28'12" E 88.81 ft.to point"502";thence S
461'53'19" E 62.88 ft.to point"503"; thence S 67131'00" E 88.58 ft.to point"504";thence S 731'09'52" E
90.29 ft.to point"505";thence S 751'44'03" E 111.97 ft.to point"506"; thence S 781'07'14" E 82.55 ft.to
point"507";thence S 761'40'23" E 138.77 ft.to point"508";thence S 641'23'21" E 30.36 ft. to point
"509"; thence S 481'59'33" E 32.72 ft.to point"510"; thence S 711'24'45"W 28.86 ft.to point"448";
returning to the place of beginning.Area of Total Groin= 152,581 SQ. FT. 3.503 AC.
6316328 B. 1907 P: 359 Page 11 of 12 9/10/12 1:47 PM
■III II I lal/460141MIACIOLNY WAIT IV III II

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Brittingham, Cathy
From: Brittingham, Cathy
Sent: Thursday,January 10, 2019 4:07 PM
To: Kyle Barnes; Garcy Ward;Wilsloi"fravis;Jordan, Gary
Cc: rebecca_harrison ([e-mail]); Greg Daisey; Paul Williams
Subject: NCDOT Oregon Inlet Terminal Groin Habitat Management Project
Attachments: Request for permit comments.doc.docx; Oregon Inlet Terminal Groin Habitat Project.pdf
Hello,
Attached for your review and comment please find a permit modification request from NCDOT for habitat
management in the location of the Oregon Inlet Terminal Groin. This work is proposed in accordance with the
Easement for the Terminal Groin on Pea Island National Wildlife Refuge.
Due to the NCDOT project schedule to complete the work before the 2019 nesting season, it is requested that you
provide your comments, if any, on this request as soon as possible.
Please let me or Greg Daisey know if you have any questions or concerns. In addition, NCDOT Environmental
Specialist Paul Williams has indicated that he may also be contacted to answer any questions or concerns.
Sincerely,
Cathy Brittingham
Cathy Brittingham,Transportation Project Coordinator
N.C. Division of Coastal Management
[phone] phone
[e-mail]
Mailing Address:
c/o DWR Wetlands Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
Physical Address:
512 North Salisbury Street
Archdale Building
12th Floor,Room 1204G
Raleigh,NC 27604
Please visit httos://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
1

•
64
51-ATE,
•
, Qom,,vim.!
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
BRAXTON C.DAVIS
Director MEMORANDUM
TO: Kyle Barnes,USACE
Garcy Ward,DWR
Travis Wilson, WRC
Gary Jordan, USFWS
CC: Greg Daisey,DCM
FROM: Cathy Brittingham,Transportation Project Coordinator
DATE: January 10, 2019
SUBJECT: NCDOT Permit modification request, Oregon Inlet Terminal •
Groin Habitat Management Project, CAMA Major Permit No.
106-12.
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.
Sign AC.Y Date A/kt
Nit:4mM et 6oNwoYnlil 0.iN�
North Carolina Department of Environmental Quality I Division of Coastal Management
DWR Wetlands Unit 1512 North Salisbury Street 11617 Mall Service Center I Raleigh,North Carolina 27699-1617
919.707.9149

• 6 ''� •4
/ - )
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
BRAXTON C.DAVIS
Director
TO: Doug Huggett, 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 16, 2019
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 four(4)
pools by excavating approximately 23,635 cubic yards of material and depositing the material
adjacent to the excavation site creating approximately 2.93 acres of open water. 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:
y 1 The permittee shall exercise all available precautions in the day-to-day operations of the
J-``c\A\ facility to prevent waste from entering the adjacent waters and wetlands.
ocl
2 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.
2, 3 No vegetated wetlands shall be excavated or filled,without permit modification.
I4 The authorized activities shall not result in impacts to the existing dune system that
would weaken the protective values of these dune systems.
5 1 work shall be accomplished in such a manner that damage to existing vegetation is
minimized.
D E Q.0)
MOgiitC f
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street,Suite 301 I Elizabeth City,North Carolina 27909
252.264.3901

Modification to Major Permit No. 106-12
North Carolina Department of Transportation
January 16, 2019
Construction staging areas shall be located only in upland areas, and not in wetlands or
waters of the State.
7 e temporary placement and double handling of any excavated or fill material within
waters or vegetated wetlands is not authorized.
z8it 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 shall 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.
9 All conditions and stipulations of the active permit remain in force under this minor
modification unless altered herein.
y10 a permittee and/or his contractor shall contact the DCM Transportation Project Field
Representative in Elizabeth City at(252)264-3901 to request a pre-construction
conference prior to project initiation.
NOTE: This project will excavate/deposit approximately 23,635 cubic yards of material
and create approximately 2.93 of open water.
NOTE: 's minor modification shall be attached to the original of Permit No. 106-12,
hich was issued on September 19, 2012, as well as all subsequent modifications
and refinements,and copies of all documents shall be readily available on site when
a Division representative inspects the project for compliance.
NOTE: 's permit does not eliminate the need to obtain any additional state, federal or
local permits, approvals or authorizations that may be required.
2

to
w•j va
' , i' t`n
_
ROY COOPER "' `II
Governor
MICHAEL S.REGAN ` '
Secrerary
UNDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
February I I,2019
Mr. Paul Williams
NCDOT Division One
113 Airport Road
Edenton,NC 27932
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for proposed habitat restoration behind the terminal groin at
Oregon Inlet in Dare County,State Project No. WBS 32635.1.4.
NCDWR Project No.20081371 v.2
Dear Mr. Williams:
Attached hereto is a modification of Certification No.003762 issued to The North Carolina Department of
Transportation(NCDOT)dated October 24,2008.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
7a47 ,,,2
A Linda Culpepper
Director
cc: Kyle Barnes,US Army Corps of Engineers, Washington Field Office
Gary Jordan, US Fish and Wildlife Service
Cathy Brittingham, Division of Coastal Management
Greg Daisey, Division of Coastal Management
Garcy Ward,NCDWR Washington Regional Office
File Copy
D E - - Nor Carolna Deartf Environmental Quality I Di of Resources
SIZ No thrth Salisbury
p Streetment I o Ib ll Mail Service Center 1 Raleigh.vision NorthWater Carolina so 27b99 16n
owre.ww a Hw.asaa ar++\ 919.707 9000

Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Resources(NCDWR)Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to excavate approximately 23,635 cubic yards of
beach sand thereby restoring 2.93 acres of shallow open water habitat in Dare County. The project shall be
constructed pursuant to the modification dated received January 29,2019. The authorized impacts are as described
below:
• Excavation of approximately 23,635 cubic yards of beach sand to a depth of 5 feet resulting in the
restoration of 2.93 acres of shallow open water habitat.
The application provides adequate assurance that the discharge of fill material onto the beach in conjunction with the
proposed activity will not result in a violation of applicable Water Quality Standards and discharge guidelines.
Therefore,the State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301,302,303,306,307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions
hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your modified application dated
received January 29,2019. All the authorized activities and conditions associated with the original Water Quality
Certification dated October 24,2008 still apply except where superseded by this certification. Should your project
change,you are required to notify 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 any additional impacts,for this project(now or in the future)are required the applicant should contact
NCDWR as a modification of this Certification may be required. For this approval to remain valid,you are required
to comply with all the conditions listed below. In addition,you should obtain all other federal,state or local permits
before proceeding with your project including(but not limited to)Sediment and Erosion control,Coastal
Stormwater,Non-discharge and Water Supply watershed regulations. This Certification shall expire on the same
day as the expiration date of the corresponding Corps of Engineers Permit.
Condition(s)of Certification:
I. This modification is applicable only to the additional proposed activities. All of the authorized activities
and conditions associated with the original Water Quality Certification dated October 24,2008 still apply
except where superseded by this certification.
2. The permittee will need to adhere to all appropriate work moratoria and monitoring requirements
prescribed by the US Fish and Wildlife Service. No work is allowed during any recommended
moratorium without prior approval from the US Fish and Wildlife Service and the NC Division of Water
Resources.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
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:(919)-431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
This the I 1 th day of February 2019
DIVISION OF WATER RESOURCES
,i
Linda Culpepper
Director
WQC No.003762

.a: sTtar?oN
NAY--, 4(.�'Q� {
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ktt.,t egio
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretory
BRAXTON C.DAVIS
Director
January 18, 2019
N.C. Department of Transportation
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 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,
Douglas V. Huggett
Major Permits Manager
N.C. Division of Coastal Management
Enclosure
NORTH D_EQ,)
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City,North Carolina 28557
252.808.2808

Brittingham, Cathy
From: Brittingham, Cathy
Sent: Friday, January 18, 2019 4:34 PM
To: Goebel, Christine A;Young, Sarah; Doug Huggett
Subject: B-2500 Oregon Inlet Terminal Groin Habitat Management Minor Modification issued
Attachments: B-2500 Phase I Minor Modification Habitat Management notice to SELC.pdf; B-2500 Phase I
Habitat Management 106-12 Minor Modification.pdf; Oregon Inlet Terminal Groin Habitat
Project.pdf; B-2500 Ocean Hazard Notice Habitat Management B-2500 signed.pdf
RE: Bonner Bridge Settlement Agreement. Notice to SELC about a Minor Modification issued by DCM to NCDOT
for CAMA Major Permit No. 106-12.
Hello,
FYI, the attached notice to SELC was mailed to Derb Carter by U.S. Mail today with a copy of the Minor Modification
and a copy of the permit modification request.
The Minor Modification authorizes the following activities 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 let me know if you have any questions or concerns.
Sincerely,
Cathy Brittingham
Cathy Brittingham,Transportation Project Coordinator
N.C. Division of Coastal Management
[phone] phone
[e-mail]
Mailing Address:
c/o DWR Wetlands Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
Physical Address:
512 North Salisbury Street
Archdale Building
12th Floor, Room 1204G
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

ROY COOPER
Governor
IND
MICHAEL S. REGAN
Secretary
Coastal Management BRAXTON C. DAVIS
ENVIRONMENTAL QUALITY Director
January 18, 2019
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 18, 2019 to the N.C.
Department of Transportation (NCDOT) regarding the above referenced project. This Minor
Modification authorizes the following activities 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.brittingham(a4ncdenr.gov or by telephone at [phone].
Sincerely,
•
Cathy Brittingham
Transportation Project Coordinator
Enclosure
CC: Doug Huggett, DCM
Sarah Young, DCM
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: Friday,January 18, 2019 3:32 PM
To: Melissa Sebastian
Cc: Greg Daisey
Subject: DOT permit fee, 106-12 Minor Mod, Habitat Management Project
Attachments: DOT PERMIT FEE BILLING REQUEST.doc
Hi Melissa,
Please see attached.
Sincerely,
Cathy
Cathy Brittingham,Transportation Project Coordinator
N.C. Division of Coastal Management
[phone] phone
[e-mail]
Mailing Address:
c/o DWR Wetlands Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
Physical Address:
512 North Salisbury Street
Archdale Building
12'Floor, Room 1204G
Raleigh,NC 27604
Please visit httos://deq.nc.00v/about/divisions/coastal-managemenU 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: 1/18/19
To: Melissa Sebastian
CC: Greg Daisey
From: Cathy Brittingham
Transfer Amount: $100
Project Description: Activities 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.
Project Location: Dare County
DCM Permit Type and Number: Minor Modification, Major Permit No. 106-12
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: Friday, January 18, 2019 2:57 PM
To: Paul Williams
Cc: Turchy, Michael A; Greg Daisey; Kyle Barnes; Garcy Ward; rebecca_harrison
([e-mail]); Wilson, Travis; Jordan, Gary
Subject: Oregon Inlet Terminal Groin Habitat Management Project CAMA Minor Modification
Attachments: B-2500 Phase I Habitat Management 106-12 Minor Modification.pdf
Hello,
Please find attached a Minor Modification of CAMA Permit No. 106-12 authorizing the following activities 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.
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 Brittingham
Cathy Brittingham,Transportation Project Coordinator
N.C.Division of Coastal Management
[phone] phone
[e-mail]
Mailing Address:
c/o DWR Wetlands Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
Physical Address:
512 North Salisbury Street
Archdale Building
12th Floor,Room 1204G
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
1

Brittingham, Cathy
From: Williams, Paul C
Sent: Wednesday,January 02, 2019 3:05 PM
To: Daisey, Greg
Cc: Brittingham, Cathy; Huggett, Doug
Subject: Authorization Request - Oregon Inlet Terminal Groin Mining
Attachments: CAMA Request Letter.pdf; 20181212_IntraServiceSection7_PINWR_Concurrence.pdf; 20120910
_TG_Easement_recorded.pdf; USFWS Selected Configuration.pdf; DJI_0003.jpg; DJI_0004.jpg; DJI_
0006.jpg; DJI_0007.jpg; DJI_0008.jpg; DJI_0010.jpg; DJI_0011jpg; DJI_0012.jpg
Greg,
Attached are the request letter and supporting documents for the sand mining project behind the terminal groin at Oregon
Inlet. Please expedite authorization due to the completion date of Feb. 15th imposed by the USFWS for the site. I'll drop off the
hard copies at your office in Elizabeth City tomorrow.
Thanks,
Paul C. Williams,Jr.
Environmental Specialist
Division One
NC Department of Transportation
[phone] office
[phone] mobile
[phone] fax
pcwilliams2 cr.ncdot.aov
113 Airport Dr.
Suite 100
Edenton, NC 27932
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

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