12802_NC DEPTARTMENT OF TRANSPORTATION_19930915

LAMA AND DREDGE AND FILL
GENERAL N? 1 2 O 2 A
PERMIT
as authorized by the Stato of North Carolina
DepaRrr,erel ofr,vironrnprlt, health, 311d Natural Re$oUYres and
the Goagtallrni„ion
l in an area. of envlronmCntal concarn �,ursuant to 15 NC,4C ._.7H.1700
Applicant Name ..Cil'ttnc]t ter Tr4npt7fixC7^.�.„_._ Phanc Number 33-977Q
Address P• O. Box 25201 - `----- -
City—RAlei t. N. C.
FrOjCet 1-ocatior "County, Stdt9 er Eo. .l
edr]
tat eta
the OC�-
b?ach east of Pd . G , i if
Typc of Project Ar,tirit� = rr✓'c ri v d 2ci�lflq Or fil i 4�ti� Ons rl j� CTf 3. i?edCh rTr� CO YCtEdt fd. i:. ' i �
PRO)ECT DESCRIPTION
Fter OOCk,) lerst,,
Groin length
numbrr
Sull!he:ad langFn____�
ff':x. distance offchorr.
Basta, Chsrmel dimtr.',ions,._
cubic yards
Boat rzmp dimrnS'ons,_____�
Other
SK,-TGH
tsCALC:
CondiVun-,: 1) the v3rk vd 11 c/,� pc�i-fo,TFPd in accord M h the attac#]e'd plat shits
1-4 dated duly, 10,93 a,, -.(J' the letter dared Septerber 13, 1993;
21 dr^r--dgi ng trill l i nli tl l to a:­eas c_pi cte i ot] sh --- w of 4, Thti
�F.
was rru'St be cleanly man ed and irispe,,-tf:.,j by Y T^eoresentativF .,f t!r,,
'i si or � GJd %dl ' ianaaarent prior ti ' &edgi ntg, - -
i; -quid it tk to dredge for chess to t,, -,e
�. ccr]tar_`._d for a rrwification a` this r>CTllllt.
r A Specia' dsC Pe* "t flail t`le Na.t:iona'i Pari: SlrviGZ !-i"ay ID(--. rlf'C=�'S; rv.
N?TE:(il rrd pr ('Ial ity Cet ificati'an rry be -j_essary.
This permit ;s cJb `ct tj:3 :crnpiia. c with .'r , apr ; a 'r Tp
dravr�n xnd attzr_.hec� ccn^r I -r _ r. r- tl,n, .
Any
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pe"rnit oific;' �y !t.'1}7raic:t 15 :'1S"7nri�!i '��):'
F _ r - GO`7
T applicant c^rl. 'cs by Sign;r; this pern:it that 1 j tri pr._
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OrdinancC5, ant) i; .,fittcn ctatcr—er- lla, he fr �.
adjacent riparian landr,vnets cc"i!fv;ng ;fiat trey t �4p nu
Objections to U) V:-Osr„d ,,:ori
aaachlnen[:. �_
In )55uino this nc. m;;, the Mate <�f
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161
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If
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
September 15, 1993
Secretary Sam Hunt
North Carolina Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Secret�x Hunt:
Please find attached a permit approving the dredging of sand
from Pamlico Sound to be used for construction of a beach berm
to protect a portion of N.C. 12 near Buxton. The permit is
being issued according to emergency permitting procedures of
the Coastal Area Management Act (CAMA) and the Dredge and Fill
Law. The permit allows dredging only in the areas delineated
on the approved plats and according to the stated conditions.
I am glad that we are able to implement procedures that will
assist your Department in expeditiously responding to the needs
of the citizens of Dare County after the damage caused by
Hurricane Emily. I hope that the work to be done will improve
the dependability of the highway in that area. However, I want
to take this opportunity to express my concerns about the need
to respond to the long-term needs of protecting N.C. 12 along
its entire length in Dare County.
Continuing to react to situations as emergencies poses
financial stress on the state and adds to cumulative
environmental impacts.
Threats to the integrity of the highway are serious and can be
effectively managed only after development of a long range plan
that considers various alternatives and strategies. I
understand that such an effort is ongoing and several members
of my staff will be active participants in its development.
This emergency approval will serve to also respond to the
application submitted on your behalf to the Division of Coastal
Management on August 13, 1993 for dredging in the same area.
We are now considering any further processing of that
application unnecessary.
We have approved your request for emergency beach nourishment
without a thorough review of the biological or physical
P. O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

Secretary Sam Hunt
Page 2
September 15, 1993
consequences of the dredging. Our cursory review has indicated
that the areas approved for dredging do not provide habitat for
highly productive beds of submerged aquatic vegetation. We
have serious concerns about the consequences of increasing the
size of the area of unusually deep water so close to the sound
shoreline. The potential for this dredging to further weaken
the integrity of this section of the island 'adds to the threat
of a breach and inlet formation in this area.
I hope our combined effort to respond to this situation will
prove effective. I remain committed to work with you in a
concentrated effort to develop and implement a long-term plan
to protect N.C. 12 in this dynamic barrier island environment.
Please do not hesitate to contact me if you have any questions
about the attached permit or points raised in this letter.
Sincerely,
Jon than B. Howes
Secretary
cc: Governor James B. Hunt
Roger Schecter, Division of Coastal Management

JAMES B. HUNT, JR
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
P.O. BOX 25201, RALEIGH, N.C. 27611-5201
September 13, 1993
Division of Coastal Management
N.C. Department of Environment, Health
and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611
ATTENTION: Mr. John Parker
Dear Sir:
7
SEP 1 7 1993
5tit.-tlu u
R. SAMUEL HUNT II I
SECRETARY
SUBJECT: Dare County, Beach Nourishment North of Buxton,
State Project No. 4.5050009.
Please reference NCDOT's August 10, 1993 permit
application requesting authorization to pump approximately
200,000 cubic yards of sand from an area in the Pamlico Sound
known as the Canadian Hole to a 5000 foot stretch of
oceanfront beach beginning approximately 2,000 feet north of
the Buxton town limits. In this application, a proposed
borrow area approximately 170 acres in size was identified.
However, only 6.2 acres of this site, excavated to a depth of
20 feet, was needed to obtain 200,000 cubic yards of
material. This proposal has now been altered to dredge an
area approximately 9.7 acres in size to an average depth of
13.5 feet.
Photographs indicated that much of the proposed borrow
area supports submerged aquatic vegetation (SAV), although it
did appear that sufficient unvegetated bottom existed to
allow for excavation of the 200,000 cubic yards of material.
After coordination with staff from the National Marine
Fisheries Service and Division of Coastal Management, the
area of proposed excavation has been refined to include a
relatively unvegetated area, as indicated on the enclosed
drawing. We hope that the information provided will refine
the scope of the project and allow for a better assessment of
project related impacts.
Please note that the coordination
Fisheries Service does not constitute
project on their part, but was merely
with National Marine
an endorsement of this
for the purposed of
MA

providing technical assistance.
As you are aware, Governor Hunt has issued a Declaration
of Emergency for the Buxton area due to the damage caused by
the hurricane. We are therefore requesting that the proposed
project now be authorized under CAMA General Permit
T15A:07.1700 (General Permit for Emergency Work Requiring a
CAMA and/or Dredge and Fill Permit) and, by copy of this
letter, Section 404 emergency procedures outlined in 33 CFR
325.2(4), both of which allows for a more rapid issuance of a
permit in cases such as this.
It is urgent that the Department of Transportation begin
beach renourishment activities as quickly as possible. Prior
to initiation of dredging, NCDOT will mark in the field the
limits of the proposed borrow areas. All interested parties
are invited to attend this site visit. Please contact Mr.
Doug Huggett at [phone] if you wish to be present for
this site visit.
If we may provide any additional information, please do
not hesitate to contact either Doug Huggett or myself.
Sincerely,
B. J.IO'Qu' n, P.E.
Assistant Branch Manager
Planning and Environmental Branch
BJO/dh
cc: Mr. Preston Pate, DCM, Morehead City
Mr. David Griffen, DCM, Elizabeth City
Mr. Wayne Wright, COE, Wilmington
Mr. David Lekson, COE, Washington
Ms. L.K. Gantt, U.S. Fish and Wildlife Service
Mr. Larry Hardy, National Marine Fisheries Service
Mr. Tom Hartman, Cape Hatteras National Seashore
Mr. Garland Garrett, Deputy Secretary of Transportation
Dr. Larry Goode, PE, State Highway Administrator
Mr. Edd Hauser, PE, Ass. to State Highway Administrator
Mr. John Williamson, Right of Way Branch
Mr. Kelly Barger, PE, Project Management Unit
Mr. Don Morton, PE, Highway Design Branch
Mr. A.L. Hankins, PE, Hydraulics
Mr. W.D. Johnson, Roadside Environmental
Mr. C.O. White, PE, Division 1 Engineer

STATE OF NORTH CAROLINA
(_.11
LEP 1. 3 1993
SU�jUU X50
Mrrrrrrrrwrww w r..r
DEPARTMENT OF TRANSPORTATION rrr'wwrA0"N
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201
September 7, 1993
Secretary Jonathan B. Howes
N.C. Department of Environment, Health
and Natural Resources
Archdale Building
512 North Salisbury Street
Raleigh, North Carolina 27604-1148
Dear Secretary Howes:
R. SAMUEL HUNT III
SECRETARY
SUBJECT: Dare County, Beach Nourishment North of Buxton,
State Project No. 4.5050009.
On August 19, 1993, the North Carolina Department of
Transportation applied for a Coastal Area Management Act
(CAMA) permit from the Division of Coastal Management (DCM)
to allow for the pumping of 200,000 cubic yards of sand from
an area in the Pamlico Sound known as the Canadian Hole to a
5000 foot stretch of oceanfront beach beginning approximately
2,000 feet north of the Buxton town limits. Upon receipt of
NCDOT's application package, DCM staff raised questions
concerning the presence of submerged aquatic vegetation (SAV)
habitat in the project area. However, before these questions
could be addressed, the area was hit by Hurricane Emily.
As you are aware, Governor Hunt has issued a Declaration
of Emergency for the Buxton area due to the damage caused by
the hurricane. I would like to request that you have your
staff expedite the processing of this permit application. It
is anticipated that the proposed project may now be
authorized under CAMA General Permit T15A:07.1700 (General
Permit for Emergency Work Requ-ring a CAMA and/or Dredge and
Fill Permit), which allows for,a more rapid issuance of a
permit in cases such as this.
In an attempt to address the submerged aquatic
vegetation questions, NCDOT staff met with environmental
agency personnel on September 3, 1993. As a result of this
meeting, NCDOT agreed to provide additional information to
RE

the Division of Coastal Management. NCDOT is in the process
of obtaining this information, and it will be provided as
soon as possible.
It is urgent that the Department of Transportation begin
beach renourishment activities as quickly as possible. If I
can be of any further assistance, please do not hesitate to
contact me.
Sin rely,
a Hunt
cc: Governor James B. Hunt, Jr.
Mr. Wayne Wright, COE, Wilmington
Mr. Tom Hartman, Cape Hatteras National Seashore
bcc: Mr. R.V. Owens, Division 1 Board Member
Mr. Robert Owens, Director, Eastern Governors Office
Mr. Preston Pate, Division of Coastal Management
Mr. Roger Schecter, Division of Coastal Management
Mr. Garland Garrett, NCDOT Deputy Secretary for Highways
Dr. Larry R. Goode, PE, State Highway Administrator
Mr. Edd Hauser, PE, Ass. to State Highway Administrator
Mr. L.J. Ward, PE, Planning and Environmental Branch
Mr. B.J. O'Quinn, PE, Planning and Environmental Branch
Mr. Archie Hankins, PE, Hydraulics Unit
Mr. C.O. White, PE, Division 1 Engineer

... sum
A
s
STATE OF NOII-H CAROLINA
DEPARTMENT OF 1RANSPORTATION
JAMES B. HUNT, JR DIVISION OF HIGHWAYS
GovERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201
September 7, 1993
Colonel George L. Cajigal
Wilmington District Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28405
Dear Colonel Cajigal:
R. SAMUEL HUNT III
SECRETARY
SUBJECT: Dare County, Beach Nourishment North of Buxton,
State Project No. 4.5050009.
On August 19, 1993, the North Carolina Department of
Transportation applied for permits from the Division of
Coastal Management (DCM) and Army Corps of Engineers to allow
for the pumping of 200,000 cubic yards of sand from an area
in the Pamlico Sound known as the Canadian Hole to a 5000
foot stretch of oceanfront beach beginning approximately
2,000 feet north of the Buxton town limits. Upon receipt of
NCDOT's application package, DCM staff raised questions
concerning the presence of submerged aquatic vegetation (SAV)
habitat in the project area. However, before these questions
could be addressed, the area was hit by Hurricane Emily.
Governor Hunt has issued a Declaration of Emergency for
the Buxton area due to the damage caused by the hurricane.
The hurricane caused additional erosion and flooding for the
stretch of beach north of Buxton. Due to the close proximity
of highway NC 12 to the beach, and the fact that NC 12 is the
only roadway leading to the mainland from Buxton and
,locations south, a significant and unacceptable hazard to
life and property exists to residents and the traveling
public in the this area. Any further closures of the roadway
will also cause extreme economic hardship to those residents
and businesses which rely on NQ 12.
I would like to request that you have your staff
expedite the processing of this permit application. It is
anticipated that the proposed project may now be authorized
under the emergency procedures outlined in 33 CFR 325.2(4)
which allows for a more rapid issuance of a permit in cases
R %

such as this.
In an attempt to address the submerged aquatic
vegetation questions, NCDOT staff met with environmental
agency personnel on -September 3, 1993. As a result of this
meeting, NCDOT agreed to provide additional information to
the Division of Coastal Management. NCDOT is in the process
of obtaining this information, and it will be provided as
soon as possible.
It is urgent that the Department of
beach renourishment activities as quickly
can be of any further assistance, please
contact me.
Sin erely,
am Hunt
Transportation begin
as possible. If I
do not hesitate to
cc: Governor James B. Hunt, Jr.
Mr. Roger Schecter, Division of Coastal Management
Mr. Tom Hartman, Cape Hatteras National Seashore
bcc: Mr. R.V. Owens, Division 1 Board Member
Mr. Robert Owens, Director, Eastern Governors Office
Mr. Preston Pate, Division of Coastal Management
Mr. Garland Garrett, NCDOT Deputy Secretary for Highways
Dr. Larry R. Goode, PE, State Highway Administrator
Mr. Edd Hauser, PE, Ass. to State Highway Administrator
Mr. L.J. Ward, PE, Planning and Environmental Branch
Mr. B.J. O'Quinn, PE, Planning and Environmental Branch
Mr. Archie Hankins, PE, Hydraulics Unit
Mr. C.O. White, PE, Division 1 Engineer

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS
R. SAMUEL HUNT III
GOVERNOR P.O. BOX 25201, RALEIGH. N.C. 27611-5201
SECRETARY
October 5, 1993
Division of Coastal Management
7.
N.C. Department of Environment, Health
and Natural Resources
19
P.O. Box 27687Raleigh,
1LOCT
North Carolina 27611��'�j
ATTENTION: Mr. John Parker
— ------------------�
Dear Sir:
SUBJECT: Dare County, Beach Nourishment North of Buxton,
State Project No. 4.5050009.
Please reference CAMA and Dredge and Fill General Permit
No. 12802, issued for the above referenced project on
September 15, 1993. This permit is to expire on October 15,
1993. The North Carolina Department of Transportation is
still in the process of obtaining the needed federal permits
for this project. Therefore, we have yet to begin dredging
operations at the project site.
With this information in mind, NCDOT requests that the
permit be renewed for an additional 30 days. The scope of
the project remains unchanged from that which was originally
permitted. If you have any questions concerning this matter,
please contact Mr. Doug Huggett of NCDOT's Environmental
Unit at [phone].
Sincerely,
B .'-Qu'nn, P. E.
Assistant Branch Manager
Planning and Environmental Branch
cc: Mr. Preston Pate, DCM, Morehead City
Mr. David Griffen, DCM, Elizabeth City
31%

♦4�`NT or C0 -
'� UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
p` NATIONAL MARINE FISHERIES SERVICE
f�St4re5 of Southeast Regional office
9450 Koger Boulevard
St. Petersburg, FL 33702
September 30, 1993
Colonel George L. Cajigal
District Engineer, Wilmington Districts '
a
Department of the Army, Corps of Engineers OCT Q 5 1901 !
P. O. Box 1890 v
Wilmington, North Carolina 28402-1890 -Li Ul__.
Attention Clifford Winefordner
Dear Colonel Cajigal:
In accordance with Part IV, Section 3(a) of the Memorandum of
Agreement between the Department of Commerce and the Army, I am
notifying you of the National Marine Fisheries Service's (NMFS)
intent to consider referral of Department of the Army permit
modification 199303849 dated September 23, 1993, and the revised
permit application dated September 27, 1993. At issue is a
request by the N.C. Department of Transportation to dredge fill
material from Pamlico Sound and to discharge fill on the ocean
beach near Buxton, Dare County, North Carolina. The purpose of
this project is to nourish a section of the ocean beach which
parallels NC Highway 12 and, thereby, prevent overwash by the
Atlantic Ocean during storm events. This letter details reasons:
(1) why there may be substantial and unacceptable adverse impacts
to aquatic resources of national importance; and (2) why issuance
of the specific permit must be conditioned or denied to protect
these resources.
The proposed work consists of using a hydraulic dredge to excavate
approximately 200,000 -cubic -yards of sand from a long, narrow 9.7
acre borrow site located in the Canadian Hole area of Pamlico
Sound. The dredged material will be discharged along a 5,000 -foot -
long segment of beach front starting 0.4 miles north of Buxton,
North Carolina.
NMFS biologists are familiar with the proposed borrow site from
previous inspections of the project area and a review of current
aerial photography. The proposed work would result in the
excavation of a shallow area to a depth of 13.5 feet mean low water
and thereby degrade its current ecological value.l Shallow
unvegetated benthic areas, including the proposed borrow site,
support a variety of benthic invertebrates that are important
lArmstrong, N.E. 1987. The ecology of open bay bottoms of
Texas: a community profile. U.S. Fish and Wildl. Serv. Bill. Rep.
85(7.12). 104p.

intermediates in the aquatic food chain.2 Such areas provide
important food sources for estuarine dependent fish species and
their loss will be detrimental to NMFS trust resources. Also, the
project site is surrounded by submerged aquatic vegetation (SAV)
that is mapped as SAV habitat by the Beaufort Laboratory, Habitat
Characterization Team and is a component of this important nursery
area.3
Eastern Pamlico Sound provides essential habitat for a large and
diverse group of commercially, recreationally, and ecologically
important fish and invertebrates.4 Estuarine species of economic
importance that utilize the project area include shrimp (Peneaus
spp.), blue crab (Callinectes sapidus), Atlantic croaker
(Micropogonias undulatus), spot (Leiostomus xanthurus
), mullet
(Mugil cephalus), Atlantic menhaden (Brevoortia tyrannus), bay
anchovy (Opisthonema oglinum), red drum (Sciaenops ocellatus), and
summer flounder (Paralichthvs dentatus). These species are
identified in Section 906(e)(1) of the Water Resources Development
Act of 1986 (PL 99-602) as species of "national importance". Red
drum are under federal management pursuant to the Magnuson Fishery
Conservation and Management Act. A fishery management plan (FMP)
for shrimp has been developed by the South Atlantic Fishery
Management Council (SAFMC) because their stocks are reduced.
Additionally, the Mid -Atlantic Fishery Management Council, in
cooperation with the SAFMC, has developed a FMP for summer
flounder. The FMPs for these species specify rigorous management
and protection of the managed species and their essential habitat.
Accordingly, we regard these fishery resources and their associated
habitats as aquatic resources of national importance.
The NMFS does not oppose nourishment of the ocean beach in the
project area to protect NC Highway 12 from ocean overwash.
However, we are opposed to the dredging of productive estuarine
habitat to provide fill material for beach nourishment. Clearly,
inadequate consideration has been given to alternative sources of
sand such as utilization of borrow areas offshore in the Atlantic
2Peterson, C.H. and N.M. Peterson. 1979. The ecology of
intertidal flats of North Carolina: a community profile. U.S. Fish
and Wildlife Service, Office of Biological Services. FWS/OBS-79/39.
73p.
3Ferguson, R.L., and L.L. Wood. 1990. Mapping submerged
aquatic vegetation in N. C. with conventional aerial photography. pp
125-132. In Federal Coastal Wetland Mapping Programs. A report to
the National Ocean Pollution Policy Board's Habitat Loss and
Modification Working Group. FWS/OBS-90/18. 174p.
4Nelson, D.M., E.A. Irlandi, L.R. Settle, M.E. Monaco, and
L.C. Coston-Clements. 1991. Distribution and Abundance of Fishes
and Invertebrates in Southeast Estuaries. ELMR Rept. No. 9.
NOAA/NOS Strategic Environmental Assessments Division, Rockville,
MD. 177p.

Ocean. In view of the above, we believe that the use of the
proposed borrow area in Pamlico Sound would adversely impact
aquatic resources of national importance. Therefore, the NMFS
recommends that federal authorization for this work not be granted.
We appreciate the opportunity to'provide these comments. If we can
be of further assistance, please advise.
Since ly,
Andra6
s Mager,
Assistant Regional Director
Habitat Conservation Division
cc: FWS, ATLA, GA
FWS, Raleigh, NC
EPA, ATLA, GA
NCDEHNR, Raleigh, NC
NCDEHNR, Morehead City, NC
SAFMC, Charleston, SC
F/SE02

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
RO. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199303849
Secretary Sam Hunt
North Carolina Department
Post Office Box 25201
Raleigh, North Carolina
Dear Secretary Hunt:
September 22, 1993
COPY TO: PRES PATE
DAVID GRIFFIN
JOHN PARKER
STEVE BENTON
JEANNETI`E JOHNSON
of Transportation
27611-5201
SEP 2 9 1993
rwwrw.www wwwww w....ww,www
wwwwr
Thank you for your letter of September 7, 1993, regarding Department of
the Army (DA) authorization to excavate 200,000 cubic yards of sand from
6.2 acres within Pamlico Sound and use the material to nourish approximately
5,000 linear feet of Atlantic Ocean beachfront adjacent North Carolina Highway
12, north of Buxton, Dare County, North Carolina.
I have determined that the alternative of using U.S. Army Corps of
Engineers emergency procedures for processing this application would not be in
the best overall public interest. Title 33 CFR 325.2(e)(4) provides for
emergency procedures only under circumstances where situations which would
result in an "unacceptable hazard to life, a significant loss of property, or
an immediate unforeseen and significant economic hardship" if corrective
action requiring a permit is not undertaken within a time period less than the
normal time needed to process an application under standard procedures. At
this time the situation does not indicate a need for immediate corrective
action. There was no significant erosion of the beachfront during Hurricane
Emily. Overwash and flooding of the N.C. Highway 12 did occur and would have
occurred even if the requested beach nourishment had been accomplished prior
to the storm. There exists no hazard to life and no significant endangerment
of property, and no unforeseen significant economic hardship has occurred.
Additionally, the U.S. Fish and Wildlife Service (USFWS) and the National
Marine Fisheries Service (NMFS) have alerted us to anticipated environmental
impacts which I believe must be given due consideration. Excavation to obtain
the beach nourishment material from within Pamlico Sound will deepen 6.2 acres
and may render the area incapable of producing submerged aquatic vegetation
(SAV) to the detriment of commercial and sport fishery resources. Placement
of the material on the beach prior to the middle of November may have an
adverse effect on the endangered loggerhead turtle. There are questions as to
whether the material from within Pamlico Sound is of sufficient size for any
meaningful nourishment of the beachfront and whether the excavation might be
adverse to the integrity of the adjacent stretch of barrier island.
Although I have opted not to use our emergency procedures, my Regulatory
Branch will process the application as expeditiously as possible. We are
aware that the Division of Coastal Management and the Division of
Environmental Management have provided the required Coastal Area Act
Management permit and the Water Quality Certification. The application will
<U
1990
SEP 2 9 1993
rwwrw.www wwwww w....ww,www
wwwwr
Thank you for your letter of September 7, 1993, regarding Department of
the Army (DA) authorization to excavate 200,000 cubic yards of sand from
6.2 acres within Pamlico Sound and use the material to nourish approximately
5,000 linear feet of Atlantic Ocean beachfront adjacent North Carolina Highway
12, north of Buxton, Dare County, North Carolina.
I have determined that the alternative of using U.S. Army Corps of
Engineers emergency procedures for processing this application would not be in
the best overall public interest. Title 33 CFR 325.2(e)(4) provides for
emergency procedures only under circumstances where situations which would
result in an "unacceptable hazard to life, a significant loss of property, or
an immediate unforeseen and significant economic hardship" if corrective
action requiring a permit is not undertaken within a time period less than the
normal time needed to process an application under standard procedures. At
this time the situation does not indicate a need for immediate corrective
action. There was no significant erosion of the beachfront during Hurricane
Emily. Overwash and flooding of the N.C. Highway 12 did occur and would have
occurred even if the requested beach nourishment had been accomplished prior
to the storm. There exists no hazard to life and no significant endangerment
of property, and no unforeseen significant economic hardship has occurred.
Additionally, the U.S. Fish and Wildlife Service (USFWS) and the National
Marine Fisheries Service (NMFS) have alerted us to anticipated environmental
impacts which I believe must be given due consideration. Excavation to obtain
the beach nourishment material from within Pamlico Sound will deepen 6.2 acres
and may render the area incapable of producing submerged aquatic vegetation
(SAV) to the detriment of commercial and sport fishery resources. Placement
of the material on the beach prior to the middle of November may have an
adverse effect on the endangered loggerhead turtle. There are questions as to
whether the material from within Pamlico Sound is of sufficient size for any
meaningful nourishment of the beachfront and whether the excavation might be
adverse to the integrity of the adjacent stretch of barrier island.
Although I have opted not to use our emergency procedures, my Regulatory
Branch will process the application as expeditiously as possible. We are
aware that the Division of Coastal Management and the Division of
Environmental Management have provided the required Coastal Area Act
Management permit and the Water Quality Certification. The application will

be advertised by public notice on September 23, 1993, for the shortest time
allowed by regulations. I anticipate a decision on the Federal permit during
the week of October 11, 1993.
I appreciate your continued efforts to safeguard Highway 12, and my staff
and I intend to provide every assistance to you in this endeavor. If
circumstances change, I will reconsider my decision regarding the use of
emergency procedures, but without further justification, your application must
be processed under normal procedures. Pursuant to your request, we will
complete these procedures as quickly as possible.
Sincerely,
George L. Cajigal
Colonel, Corps of Engineers
District Engineer
Copies Furnished:
Secretary Jonathan B. Howes
North Carolina Department of
Environment, Health and
Natural Resources
Archdale Building
512 North Salisbury Street
Raleigh, North Carolina 27604-1148
lr. Roger Schecter
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. A. Preston Howard Jr.. P.E.
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516

N. C. DEPARTMENT OF TRANSPORTATION
TRANSMITTAL SLIP
o E
REF. NO. OR ROOM, BLDG.
-ITOM'
REQ. INO. OR ROOM,
//-BLDG,
ACTION
Cl NOTE AND FILE
❑ PER OUR CONVERSATION
❑ NOTE AND RETURN TO ME
❑ PER YOUR REQUEST
❑ RETURN WITH MORE DETAILS
❑ FOR YOUR APPROVAL
❑ NOTE AND SEE ME ABOUT THIS
❑ FOR YOUR INFORMATION
❑ PLEASE ANSWER
❑ FOR YOUR COMMENTS
Cl PREPARE REPLY FOR MY SIGNATURE
❑ SIGNATURE
❑ TAKE APPROPRIATE ACTION
❑ INVESTIGATE AND REPORT
COMMENTS:
P //
fo Ave A-
r,

STATE OF NORT�-I CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS
GovERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201
September 17, 1993
R. SAMUEL HUNT III
SECRETARY
Colonel George L. Cajigal 1; ' SE2 2 1993
Wilmington District Corps of Engineers
P.O. Box 1890 19�LCLYU15�b
Wilmington, North Carolina 28405
Dear Colonel Cajigal:
SUBJECT: Dare County, Beach Nourishment North of Buxton,
State Project No. 4.5050009.
Please reference the North Carolina Department of
Transportation's letter of September 7, 1993 requesting the
August 10, 1993 permit application to the Division of Coastal
Management (DCM) and Army Corps of Engineers be treated as an
emergency application. The requested permit would allow the
pumping of 200,000 cubic yards of sand from an area in the
Pamlico Sound, known as the Canadian Hole, to a stretch of
oceanfront beach north of the Buxton town limits. Additional
information was supplied to the agencies on September 13,
1993.
The Department has received a Coastal Area Management
Act (CAMA) permit authorizing this project. A 401 Water
Quality Certification from the Division of Environmental
Management has also been obtained. We are still pursuing a
Special Use Permit from the National Park Service, as well as
Section 404 authorization from the Corps of Engineers.
It is urgent that the Department of Transportation begin
beach renourishment activities as quickly as possible.
Another storm could cause much more extensive damage and cut
off this vital transportation link. We will move our Ferry
Division maintenance dredge from Hatteras Inlet, where the
channel is being dredged, to Buxton within 24 hours of
obtaining the needed permits. Dredging will not begin until
after NCDOT staff meet on-site with environmental agency
personnel and mark the limits of the proposed borrow area.
We are in the process of scheduling a meeting to accomplish
this.
rm&

With this information in mind, I
that you take all possible meastres to
process for this project. If I can be
assistance, please do not hesitate to
/Incerely,
would like to request
expedite the permit
of any further
contact me.
Garland Garrett V
Deputy Secretary of Transportation
cc: Governor James B. Hunt, Jr.
Mr. Tom Hartman, Cape Hatteras National Seashore
Secretary Sam Hunt
bcc: Mr. Preston Pate, Division of Coastal Management
Mr. R.V. Owens, Division 1'Board Member
Mr. Robert Owens, Director, Eastern Governors Office
Dr. Larry R. Goode, PE, State Highway Administrator
Mr. Edd Hauser, PE, Ass. to State Highway Administrator
Mr. L.J. Ward, PE, Planning and Environmental Branch
Mr. B.J. O'Quinn, PE, Planning and Environmental Branch
Mr. Archie Hankins, PE, Hydraulics Unit
Mr. C.O. White, PE, Division 1 Engineer

P4+`14
1
ore, *,+
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
of �+`a Southeast Regional Office
9450 Koger Boulevard
St. Petersburg, FL 33702
September 20, 1993
Colonel George L. Cajigal }1y . 7{Ii"'
District Engineer, Wilmington District u
Department of the Army, Corps of Engineers2 1 1993 `
P. O. Box 1890 ��
Wilmington, North Carolina 28402-1890 L,i/
Attention Clifford Winefordner
Dear Colonel Cajigal:
In accordance with Part IV, Section 3(a) of the Memorandum of
Agreement between the Department of Commerce and the Army, I am
notifying you of the National Marine Fisheries Service's (NMFS)
intent to consider referral of Department of the Army permit
application 199303849(GP) dated September 14, 1993. At issue is a
request by the N.C. Department of Transportation (NCDOT) to dredge
fill material from Pamlico Sound and to discharge fill on the ocean
beach near Buxton, Dare County, North Carolina. The purpose of
this project is to nourish a section of the ocean beach which
parallels NC Highway 12 and, thereby, prevent overwash by the
Atlantic Ocean during storm events. This letter details reasons:
(1) why there may be substantial and unacceptable adverse impacts
to aquatic resources of national importance; and (2) why issuance
of the specific permit must be conditioned or denied to protect
these resources.
The proposed work consists of using a hydraulic dredge to excavate
approximately 200,000 -cubic -yards of sand from a long, narrow 9.7
acre borrow site located in the Canadian Hole area of Pamlico
Sound. The dredged material will be discharged along a 5,000 -foot -
long segment of beach front starting 0.4 miles north of Buxton,
North Carolina.
Although the information provided by the NCDOT with the permit
application indicates that this work is an emergency, coordination
with your Regulatory Branch staff revealed that the Corps of
Engineers does not agree that an emergency situation exists at this
time. We understand the need to protect NC Highway 12 and provide
reliable access along the outer banks. However, high water
encroachment on this section of highway during hurricane Emily
occurred from Pamlico Sound and not the Atlantic Ocean.l
1North Carolina Division of Coastal Management. 1993. Personal
communication.

NMFS biologists are familiar with the proposed borrow site from
previous inspections of the project area and a review of current
aerial photography. The proposed work would result in the
excavation of a shallow area to a depth of 13.5 feet mean low water
and thereby degrade its current ecological value.2 Shallow
unvegetated benthic areas, including the proposed borrow site,
support a variety of benthic invertebrates that are important
intermediates in the aquatic food chain.3 Such areas provide
important food sources for estuarine dependent fish species and
their loss will be detrimental to NMFS trust resources. Also, the
project site is surrounded by submerged aquatic vegetation (SAV)
that is mapped as SAV habitat by the Beaufort Laboratory, Habitat
Characterization Team and is a component of this important nursery
area.4
Eastern Pamlico Sound provides essential habitat for a large and
diverse group of commercially, recreationally, and ecologically
important fish and invertebrates.5 Estuarine species of economic
importance that utilize the project area include shrimp (Peneaus
spp.), blue crab (Callinectes sapidus), Atlantic croaker
(Micropogonias undulatus), spot (Leiostomus xanthurus), mullet
(Muclil cephalus), Atlantic menhaden (Brevoortia tyrannus), bay
anchovy (Opisthonema oglinum), red drum (Sciaenops ocellatus), and
summer flounder (Paralichthys dentatus). These species are
identified in Section 906(e)(1) of the Water Resources Development
Act of 1986 (PL 99-602) as species of "national importance". Red
drum are under federal management pursuant to the Magnuson Fishery
Conservation and Management Act. A fishery management plan (FMP)
for shrimp has been developed by the South Atlantic Fishery
Management Council (SAFMC) because their stocks are reduced.
Additionally, the Mid -Atlantic Fishery Management Council, in
cooperation with the SAFMC, has developed a FMP for summer
2Armstrong, N.E. 1987. The ecology of open bay bottoms of
Texas: a community profile. U.S. Fish and Wildl. Serv. Bill. Rep.
85(7.12). 104p.
3Peterson, C.H. and N.M. Peterson. 1979. The ecology of
intertidal flats of North Carolina: a community profile. U.S. Fish
and Wildlife Service, Office of Biological Services. FWS/OBS-79/39.
73p.
4Ferguson, R.L., and L.L. Wood. 1990. Mapping submerged
aquatic vegetation in N.C. with conventional aerial photography. pp
125-132. In Federal Coastal Wetland Mapping Programs. A report to
the National Ocean Pollution Policy Board's Habitat Loss and
Modification Working Group. FWS/OBS-90/18. 174p.
5Nelson, D.M., E.A. Irlandi, L.R. Settle, M.E. Monaco, and
L.C. Coston-Clements. 1991. Distribution and Abundance of Fishes
and Invertebrates in Southeast Estuaries. ELMR Rept. No. 9.
NOAA/NOS Strategic Environmental Assessments Division, Rockville,
MD. 177p.

flounder. The FMPs for these species specify rigorous management
and protection of the managed species and their essential habitat.
Accordingly, we regard these fishery resources and their associated
habitats as aquatic resources of national importance.
The NMFS does not oppose nourishment of the ocean beach in the
project area to protect NC Highway 12 from ocean overwash.
However, we are opposed to the dredging of productive estuarine
habitat to provide fill material for beach nourishment. Clearly,
inadequate consideration has been given to alternative sources of
sand such as utilization of borrow areas offshore in the Atlantic
Ocean. In view of the above, we believe that the use of the
proposed borrow area in Pamlico Sound would adversely impact
aquatic resources of national importance. Therefore, the NMFS
recommends that federal authorization for this work not be granted.
We appreciate the opportunity to provide these comments. If we can
be of further assistance, please advise.
sincerPry,
Andreas Mager,
Assistant Regi nal Director
Habitat Conservation Division
cc: FWS, ATLA, GA
FWS, Raleigh, NC
EPA, ATLA, GA
NCDEHNR, Raleigh, NC
NCDEHNR, Morehead City, NC
SAFMC, Charleston, SC
F/SE02

■
TAKE��
PRIUnited States Department of the Interior AMERICA
FISH AND WILDLIFE SERVICE
Ecological Services
Post Office Box 33726
Raleigh, North Carolina 27636-3726
September 21, 1993
SEP 2
1993
U_r�U
.......................
.............. ........Q
Colonel George L. Cajigal
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Attention: Regulatory Branch
Dear Colonel Cajigal:
This is the Report and Biological Opinion of the U.S. Fish and
Wildlife Service (Service) on Public Notice 199303849, dated
September 141 1993. The North Carolina Department of
Transportation has applied for a Department of the Army permit to
nourish a stretch of beach to protect North Carolina Highway 12,
adjacent to the Atlantic Ocean, north of Buxton, Dare County, North
Carolina. This Report and Biological Opinion are submitted in
accordance with the Fish and Wildlife Coordination Act (48 Stat.
401, as amended; 16 U.S.C. 661-667d), and Section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543).
They are to be used in your determination of compliance with
404(b)(1) guidelines (40 CFR 230) and in your public interest
review (33 CFR 320.4) as they relate to protection of fish and
wildlife resources.
FISH AND WILDLIFE COORDINATION ACT REPORT
According to information provided in the Public Notice,
approximately 200,000 cubic yards of material would be excavated
from shallow estuarine waters in the area known as "Canadian Hole"
in Pamlico Sound. An area approximately 9.7 acres in size would be
excavated to an average depth of 13.5 feet. Material removed from
the borrow site would be pumped across Hatteras Island, through
pipes placed beneath Highway 12, and deposited on the Atlantic
Ocean shoreline. An access channel for the dredge would not be
required. Beginning at a point approximately 2,000 feet north of
Buxton town limits, the nourishment site would extend 5,000 linear
feet farther north. Sand placed on the beach would be graded with
ground-based equipment to construct a berm initiating at the high

tide line, at a maximum height of 7 feet msl, and would extend 50
feet waterward. Material would then be allowed to flow and reshape
by normal tidal processes.
The beach nourishment site occurs on Cape Hatteras National
Seashore lands. A Service biologist inspected the project area on
September 9, 1993, 10 days after Hurricane Emily struck Hatteras
Island. As evidenced by the wrack and vegetative debris washed on
the sound -side of the dunes, Highway 12 was inundated by Pamlico
Sound waters. No evidence of overwash from the ocean, such as
eroded dune crests or scouring between dunes, was apparent, and the
dune line remained unbroken. Salt scalding of vegetation, debris
caught in shrubby vegetation, and some scour from passing waters on
the sound side were the only effects noted on the estuarine and
maritime plant communities in the project area. Beaches in the
project area, as well as those observed on Pea Island National
Wildlife Refuge, did not exhibit a steep, foreshortened profile
consistent with a rapidly eroding shoreline. Project area beaches
appeared relatively wide, although sediments had been reworked to
form a scarp about 2 feet high with a slope, at the time of the
Service's inspection, estimated at about 40 degrees. However, this
scarp appeared to be "flattening out" to match adjacent slopes.
Opposite the parking lot approximately 0.6 mile north of the Buxton
town limits, the beach and dune was approximately 180 feet wide,
from the uppermost reach of the swash (at 10:30 am) to the eastern
edge of the pavement on Highway 12. Opposite the Canadian Hole
parking lot, approximately 1.1 miles north of the town limits, the
beach and dunes measured approximately 370 feet wide from the upper
reach of the swash (at 10:45 am) to the edge of the pavement.
Service policy regarding mitigation of damage to habitats considers
both the value of those habitats to fish and wildlife and their
relative scarcity (Federal Register 46, (15):'7644-7663). The
marine inter- and subtidal unconsolidated shorelines, the maritime
habitats, estuarine marshes and scrub -shrub wetlands, estuarine
shallow waters, and submerged aquatic vegetation affected by the
proposed project have high fish and wildlife resource value and are
considered to be relatively scarce on a national and regional
basis. Project area wetlands and maritime habitats provide
valuable nesting, roosting, and foraging habitat to resident and
migratory hawks, shorebirds, wading birds, and seabirds. Species
include gulls (Larus spp.), osprey (Pandion haliaetus), northern
harrier (Circus cyaneus), great egret (Casmerodius albus), Wilson's
plover (Charadrius wilsonia), semi -palmated plover (Charadrius
semipalmatus), western sandpiper (Calidris mauri), least sandpiper
(Calidris minutilla), sanderling (Calidris alba), dowitcher
(Limnodromus sp.), whimbrel (Numenius phaeopus), black skimmer
(Rynchops niger), American oystercatcher (Haematopus palliatus),
least tern (Sterna albifrons), common tern (Sterna hirundo),
sandwich tern (Sterna sandvicensis), and royal tern (Sterna
maxima). Other resident wildlife species expected to occur in the
project area include marsh rabbit (Sylvilagus palustris), opossum
(Didelphis virginiana), and raccoon (Procyon lotor).
2

The Federally-listed, threatened loggerhead sea turtle (Caretta
caretta) regularly nests on beaches along Hatteras Island. The
National Park Service also places sea turtle nests, relocated from
other disturbed or less suitable sites, on beaches in the vicinity
of the project to improve their chances of hatching.
Unvegetated, shallow estuarine waters are of high value to foraging
adults and postlarval forms of estuarine fish and shellfish. These
include: spot (Leiostomus xanthurus), Atlantic croaker (Micropogon
undulatus), Atlantic menhaden (Brevoortia tyrannus), southern
flounder (Paralichthys lethostigma), penaid shrimp (Penaeus spp.),
and weakfish (Cynoscion regalis).
The proposed borrow from Pamlico Sound would result in the
conversion of 9.7 acres of estuarine shallow waters to deep waters
and would expand the large network of deep water habitats created
by intermittent dredging from Canadian Hole during the past 30
years. The borrow site is located to avoid areas mapped as
submerged aquatic vegetation; however, scattered clumps of
submerged aquatic vegetation were observed by the applicant's staff
while sampling sand from the borrow area.
The Service is aware that the State of North Carolina, through the
North Carolina Department of Transportation, seeks emergency
authorization to complete the proposed beach nourishment after
Hurricane Emily struck Hatteras Island. The applicant has received
401 Water Quality Certification from the Division of Environmental
Management, as well as emergency authority from the Division of
Coastal Management. The Corps of Engineers has thus far determined
there is no need for emergency authorization of this project
proposal.
The Service believes that emergency authorization is not warranted.
The effects of Hurricane Emily did not threaten the integrity of
Hatteras Island in the immediate project area and did not damage
Highway 12 or the adjacent dunes. Indeed, National Park Service
personnel have noticed beach accretion resulting from the
hurricane. The effects of Emily in the project area did not differ
significantly from those observed elsewhere on Hatteras Island
beaches. Highway 12 was obviously inundated, and some parking lot
pavement was undermined; however, this flooding and damage resulted
from waters surging from Pamlico Sound and not from the ocean.
This is typical of the storm surges observed on North Carolina's
Outer Banks.
Regardless of the emergency status of the proposed beach
nourishment, and regardless of Hurricane Emily, the Service does
not believe that the project benefits of the proposed beach
nourishment outweigh its expected adverse impacts to fish and
wildlife resources in Pamlico Sound. This is based on the relative
lack of need for beach nourishment at this time, the direct adverse
effects on habitats with high fish and wildlife resource value,
3

cumulative direct and indirect
processes, and the inefficacy
nourishment from Canadian Hole.
Project Need
adverse effects on coastal barrier
of excavating material for beach
All of Hatteras Island experiences beach erosion to some degree,
and the Service acknowledges that the project area comprises a
relatively narrow portion of the island at an historic inlet site.
However, the proposed nourishment site has not suffered a recent
increase in erosion rates, nor did Hurricane Emily, as noted by
Corps damage control staff, cause any significant beach erosion.
The stability of project area beaches provides good nesting habitat
for sea turtles. The National Park Service uses the area north of
the proposed nourishment site to improve the hatching success of
relocated sea turtle nests. This nest relocation area may overlap
with the project area, but insufficient information is available to
determine any effects. So far, the applicant has not provided any
information that would support the need for beach nourishment in
the project area, emergency or otherwise.
Additionally, beach nourishment does not address the problem of
storm surges flooding the highway. As was noted after Hurricane
Emily, Pamlico Sound waters caused whatever flooding occurred in
the project area.
However, the Service does not strictly oppose beach nourishment in
this area. As we have in the past, the Service will coordinate
with the Corps of Engineers, the state, and other concerned groups
to ensure that beach nourishment projects are completed in a manner
least damaging to fish and wildlife habitat resources. In this
case, the Service believes that the adverse impacts of borrowing
material from Canadian Hole far outweigh any benefits that may
accrue.
Direct and Indirect Impacts to Fish and Wildlife Habitats
The 200,000 cubic yards of sand removed from the proposed borrow
site is not expected to be replaced by natural sediment transport
in the near future. Channels and holes excavated in Canadian Hole
30 years ago have remained as deepwater habitat in a formerly
shallow estuarine subtidal area. The existing borrow areas have
not filled in, and their boundaries have not been re -worked by
tidal currents to any significant degree. The 9.7 acres of shallow
estuarine waters, and their associated fish and wildlife habitat
value, proposed as borrow, therefore, is expected to be lost until
Hatteras Island migrates over Canadian Hole, or until a new inlet
opens through Hatteras Island.
Of greater concern than the direct loss of shallow estuarine
waters, is the cumulative, adverse effect on barrier island
geologic processes and resultant indirect impacts to estuarine and
4

maritime habitats. As noted above, Canadian Hole is not likely to
be re -filled until a new inlet breaks through Hatteras Island. The
excavation of Canadian Hole has drastically increased the chances
of this happening by increasing the volume and velocity of water
surging from the sound during storms. Although sediment overwash
is restricted by the series of manmade dunes fronting Highway 12,
any sediment that is deposited on the soundward side of the island
that would normally serve to build tidal flats, marshes, and
maritime habitats, would instead be deposited in a deep hole. This
severely retards the processes by which a barrier island migrates
landward in response to sea level rise, and, in this case,
aggravates the adverse effects of the manmade dunes.
Deposition and grading of beach nourishment material has the
potential to disturb late -hatching sea turtle nests, especially if
the National Park Service's nest relocation area is affected. The
nest relocation area lies north of the proposed beach nourishment
site, but it is not clear from the available information whether it
is affected. Outside of the nest relocation area, naturally
occurring sea turtle nests may also be found in the project area,
and any late -hatching nests there may be adversely affected by
construction of the proposed project.
Due to the possible adverse effects to sea turtles that nest in the
project area, formal consultation with the Service, under Section
7 of the Endangered Species Act, will be required to evaluate
impacts to this Federally -listed species and its habitat. Formal
consultation has been requested by the Corps in its letter of
September 20, 1993. The Service's Biological Opinion follows this
Fish and Wildlife Coordination Act Report and details the
reasonable and prudent measures to avoid and minimize adverse
impacts to hatchling sea turtles.
Project Efficacy
The creation of a large deep water area immediately adjacent to
Hatteras Island makes the island more vulnerable to storm surges
and possible inlet formation. Any additional dredging in Canadian
Hole will only exacerbate this situation. Such actions work
against the long term goal to protect Highway 12.
Moreover, all material dredged from Canadian Hole for past beach
nourishment attempts has proven to be entirely unsuited for the
purpose and has consistently been washed away shortly after
deposition. Material dredged from Canadian Hole in 1970-71 in an
attempt to nourish beaches near Buxton failed to settle on the
beach and was suspended and carried away by the surf quickly after
it was discharged. The currently proposed borrow area is adjacent
to the 1970-71 borrow site. As a result of these past efforts, the
National Park Service abandoned Canadian Hole as a suitable borrow
site for beach nourishment material. There is a large body of
literature documenting these previous projects and the
5

unsuitability of Canadian Hole sediments that the Service can
provide the Corps if needed.
The Service, based on an evaluation of the borrow site sediment
samples provided with the Public Notice, believes that these
sediments will also be poorly suited for beach nourishment and
incompatible with native beach sands in the area. The sampling
technique employed, wash boring, tends to wash away fine materials
and is biased toward collecting coarser sediments. Even with this
bias, the sediment samples comprise approximately 65 percent fine
sand and 25 percent very fine sand and silt. This material poorly
matches the native beach sands in the Buxton area, which are
predominately of coarse to medium grain sizes. Moreover, the
sampled sediments are of finer grain size than material used in the
successful beach nourishment projects we are aware of.
Conclusions and Recommendations
Based on the above concerns, the Service recommends that a
Department of the Army permit for this project not be issued. This
recommendation is based on: 1) lack of need, on an emergency basis
or otherwise, for beach nourishment at this time; 2) significant
direct impacts to estuarine habitats; 3) significant, cumulative
adverse impacts to barrier island geomorphic processes and
resultant adverse ecological impacts to estuarine and maritime
habitats, and; 4) possible adverse effects to hatchling sea
turtles.
The Service has actively participated in past planning efforts to
protect Hatteras Island and other Outer Bank beaches by nourishment
with dredged material. We reiterate that the Service does not
strictly oppose beach nourishment in the project area. We oppose
this specific project primarily because of the expected adverse
impacts to the proposed borrow site. We suggest that, if there is
an immediate need to nourish this stretch of beach, that the
applicant consider alternative sources of borrow material.
The above findings and recommendations constitute the report of the
Department of the Interior. In accordance with the procedural
requirements of the 1992 404(q) Memorandum of Agreement, Part
IV.3(a), we are advising you that the proposed work may result in
substantial and unacceptable impacts to aquatic resources of
national importance.
BIOLOGICAL OPINION
This portion of the Report represents the Biological Opinion of the
U.S. Fish and Wildlife Service (Service) concerning the effects of
beach nourishment north of Buxton proposed by the North Carolina
Department of Transportation on the Federally -listed threatened
species, the loggerhead sea turtle (Caretta caretta). Formal
consultation for the effects of beach nourishment at Buxton on
0

loggerhead sea turtles was initiated by a letter from the U.S. Army
Corps of Engineers (Corps) dated September 20, 1993.
This Biological Opinion is provided pursuant to Section 7 of the
Endangered Species Act of 1973, as amended (16 U.S. C. 1531-1543).
This opinion does not address requirements of environmental laws
other than the Endangered Species Act. A complete record of this
consultation is maintained and available for your review at this
office.
Consultation Histor
The North Carolina Department of Transportation applied to the
Division of Coastal Management on August 10, 1993 to nourish a
stretch of ocean front beach north of Buxton. The applicant,
subsequent to Hurricane Emily striking near the project area on
August 31, 1993, received emergency authorization from the Division
for the proposed beach nourishment. Federal permitting procedures
under Section 404 of the Clean Water Act continued, and the Service
received Public Notice 199303849, dated September 14, 1993 by
facsimile transmission from the Corps. In its review of the
project, the Corps determined that the proposed beach nourishment
may affect late season hatching of loggerhead sea turtles and
initiated formal consultation, under the Endangered Species Act,
with the Service by letter dated September 20, 1993.
Project Description
Details relating to the proposed work and the location of borrow
and nourishment sites are provided in the preceding Fish and
Wildlife Coordination Act Report. The applicant desires to begin
construction in the first week of October, 1993.
Species Status and Effects of the Action
The loggerhead sea turtle regularly nests on North Carolina beaches
including areas within the project area. Although loggerhead sea
turtles have been known to nest in Virginia and even farther north,
the northern limit of its nesting range is generally considered to
be North Carolina.
The National Park Service, which owns and administers the proposed
nourishment site as part of.Cape Hatteras National Seashore, uses
beaches in the general area to relocate nests from other areas that
are disturbed or otherwise unsuited for successful sea turtle
nesting. Although it is not entirely clear from available
information, the proposed beach nourishment site does not
significantly overlap with this relocation area.
The project has the potential to impact loggerhead sea turtle
reproductive success, especially those late -hatching nests in
October and November. Material placed on the beach is not expected
7

to remain into the following nesting season; however, any material
placed there during the current season may bury nests and/or
hatchlings. More indirect effects to sea turtles, such as those
caused by beach compaction and unnatural beach profiles, may result
from beach nourishment activities should the material remain on the
beach.
Dumping sand on beaches may disrupt nesting sea turtles by causing
sand to compact so tightly that turtles have a difficult time
moving through the sand and digging nests. Nesting sea turtles
more often reject nest sites, make false crawls and false digs, and
excavate atypical nest cavities on compacted beaches than on
natural beaches (Nelson and Dickerson 1988a). Sand compaction may
also increase the length of time required to excavate a nest and
thus cause physiological stress to the turtles (Nelson and
Dickerson 1988a).
The level of compaction of a beach can be assessed by measuring
sand compaction using a cone penetrometer (Nelson and Dickerson
(1988b). Tilling of a nourished beach may reduce the sand
compaction to levels comparable to unnourished beaches. A root
rake with tines at least 42 inches long and less than 36 inches
apart pulled through the sand is recommended for compacted beaches
(Nelson and Dickerson 1988b). Service policy calls for beaches to
be tilled if compaction levels exceed 500 cone penetrometer units.
Compaction may indirectly affect the temperature of nests. Nests
on compacted beaches are often more shallow than those on natural
beaches, and shallow nests are often warmer than deeper, more
natural nests. The type of sand used for nourishment may also
affect beach temperature. Sands from oxidized sources, such as
inlets, are typically light in color and result in a cooler beach
than do dark sands from unoxygenated offshore sites (Nelson and
Dickerson 1988b).
The sex of loggerhead sea turtles appears to be largely affected by
nest temperature during the period of 11 to 31 days into
incubation. Warmer temperatures result in females, and cooler
temperatures result in males. Minor changes in beach and nest
temperatures could possibly alter the sex ratios of loggerhead sea
turtle eggs.
Although scarps form on natural beaches, unnaturally steep scarps
may occur as a result of nourishment when an abrupt transition
occurs between the steep fill slope and a flatter natural offshore
slope (Nelson and Dickerson 1988b). Tall scarps prevent
utilization of the beach above the scarp by nesting sea turtles or
may obstruct hatchling sea turtles on their way to the ocean.
Potential direct effects to nesting sea turtles associated with the
project include:
0

1) nest burial or crushing of nests; and,
2) inhibition of nesting activities due to sand
compaction, and scarp formation.
Biological Opinion
After careful review of all information currently available for
this action, it is the Biological Opinion of the Service that the
proposed beach nourishment project at Buxton is not likely to
jeopardize the continued existence of the loggerhead sea turtle.
We do, however, believe that adverse impacts to sea turtles could
result, particularly if nests that are unknown to National Park
Service personnel are destroyed.
Incidental Take
Section 7(b)(4) of the Act requires that once a proposed agency
action is found to be consistent with Section 7(a)(2) of the Act
and the proposed action is likely to result in the take of some
individuals of the listed species incidental to the action, the
Service will issue a statement that specifies the amount or extent
of the impact of such incidental taking. It also states that
reasonable and prudent measures, coupled with terms and conditions
to implement those measures, be provided to minimize such impacts.
Reasonable and prudent measures are requirements of the action
agency, in this case, the U.S. Army Corps of Engineers, Wilmington
District.
We have reviewed the biological information and other information
relevant to this action and, based on this review, we anticipate
that incidental take of one loggerhead sea turtle nest may occur at
the project site as a result of nests being buried or crushed
during construction activities. If it is discovered that
incidental take of a nest occurs at the project site, the Service's
Ecological Service's Office (919-856-4520) and Law Enforcement
Office (919-856-4786), the National Park Service (919-473-2111),
and Mr. Tom Henson, Nongame and Endangered Wildlife Program, North
Carolina Wildlife Resources Commission, at (919-946-1969) should be
contacted immediately. In addition, should incidental take of more
than one sea turtle nest occur at the project site, all work must
cease, and Section 7 consultation must be.reinitiated.
Reasonable and Prudent Measures
The Service considers the following reasonable and prudent measures
necessary and appropriate to minimize the take:
1. Beach disposal will not take place during the main sea turtle
nesting season of May 1 through November 15, if possible.
2. If beach disposal is conducted during the sea turtle nesting
0J

season, the North Carolina Department of Transportation will:
(a) coordinate closely with National Park Service personnel in
order to avoid all known nest locations in the project area;
(b) implement a daily nest monitoring program; and, (c)
relocate all active sea turtle nests in the project area.
3. If deposited material remains into the following sea turtle
nesting season, nourished beaches will be tilled if compaction
or escarpments occur.
Terms and Conditions
Section 9 of the Endangered Species Act prohibits the taking of
listed species without a special exemption. In order to be exempt
from the prohibitions of Section 9, compliance with the following
terms and conditions which implement the reasonable and prudent
measures is essential:
a. Personnel conducting the nest monitoring should be
trained in sea turtle nest/crawl identification, and the
North Carolina Department of Transportation should assure
that at least two people trained to monitor sea turtle
nesting will be employed at all times.
b. Only individuals with the appropriate State and Federal
permits should be allowed to: 1) locate sea turtle nests
through hand excavation or nest probing; and, 2) relocate
sea turtle nests. Due to a cooperative agreement between
the Service and the North Carolina Wildlife Resources
Commission pursuant to Section 6 of the Act, the
Commission has the authority to issue endangered/
threatened species permits for nest excavation and
relocation activities. A resource list of individuals
who will be conducting such activities should be
submitted to Mr. Tom Henson of the North Carolina
Wildlife Resource Commission's Nongame and Endangered
Wildlife Program for approval prior to any beach
disturbance activities during the sea turtle nesting
season, and a permit should be requested. Tom Henson may
be contacted at 919-946-1969. In addition, a nest
relocation plan which includes site(s) selected for the
relocated nests should be submitted for approval to the
above -State agency. It is suggested that these
activities be coordinated with the National Park Service.
C. Vehicles used for monitoring should stay below the high
tide line, whenever possible.
d. In the event a sea turtle nest is dug up by project -
related activities, the following procedures should be
followed:
10

The nest location should be marked and the eggs carefully
covered by hand with at least 6 inches of sand. All
beach disturbance activities should be stopped within a
100 foot -radius of the nest to prevent further damage,
until such time as the contractee for the beach
monitoring and nest relocation is able to relocate the
nest in accordance with the approved nest relocation
plan. Both the North Carolina Wildlife Resources
Commission and this office should be notified as soon as
possible.
e. The Service recommends that surveys for escarpments be
made along the beach disposal area during the sea turtle
nesting season. The beach disposal area should be
monitored prior to and during the following sea turtle
nesting season to ensure that escarpments that could
preclude sea turtle nesting activities do not develop on
the beach. The person(s) conducting the sea turtle
monitoring, in coordination with Service biologists and
the North Carolina Wildlife Resources Commission, should
determine if any escarpments which develop on the
nourished beach are likely to hinder sea turtle nesting.
Any escarpments with steep slopes which are determined to
potentially interfere with sea turtle nesting should be
leveled to the natural beach contour, taking precautions
to protect any nests which are in the area. Leveling of
escarpments should not be conducted until results of the
daily monitoring are reviewed.
f. Compaction levels within the beach disposal area should
be determined using a cone penetrometer immediately
following completion of the nourishment project. The
sampling scheme used to determine the sand hardness
should involve taking readings at the 6 inch, 12 inch,
and 18 inch sand depths at a minimum of 25 locations
along the disposal beach, as recommended by Nelson
(1989). For long beach disposal sites, additional
sampling locations will be necessary. As many
repetitions as is possible should be made at each
sampling location, and the average should be taken as the
compaction level. A detailed sampling scheme should be
sent to the Service's Raleigh Field Office for approval
prior to beginning sampling. Nourished beaches should be
tilled to a depth of at least 36 inches immediately
following completion of the beach nourishment project if
an average of greater than 500 cone penetrometer index
units (cpu) is measured. Sand compaction measurements
should be taken the following year, prior to the sea
turtle nesting season, and the beach should be tilled if
compaction exceeds 500 cpu.
11

g. A report describing the nest monitoring and nest
protection activities should be submitted to this office
and the North Carolina Wildlife Resources Commission by
December 31 of this year. This report should include:
names and qualifications of personnel involved in nest
surveys; nest survey results, including nest success
(i.e. hatching) or failure; and, information on any nests
that are relocated. The report should include
information on every potential nest, whether or not
hatching is confirmed, and false crawls should be
recorded. The report should clarify that hatching is
reported only for those nests in which there is visual
evidence of hatching determined by the monitors. If
hatching is not confirmed for some nests because the
nests were destroyed by inundation or because the hatch
was missed during monitoring activities, such incidences
should be included in the report. The report should
include a map, indicating the distribution of nests and
false crawls.
Sea Turtle Conservation Recommendations
Although the Service has determined that the subject action is not
likely to jeopardize the continued existence of the loggerhead sea
turtle, we believe work during the sea turtle nesting season on
beaches used by nesting sea turtles is completely undesirable.
Although this opinion allows the North Carolina Department of
Transportation to conduct beach disposal activities during the sea
turtle nesting season in accordance with both Sections 7 and 9 of
the Endangered Species Act, the Service strongly recommends that
the North Carolina Department of Transportation conduct their
future beach disposal activities outside of the sea turtle nesting
season. Moreover, as should be clear from the Fish and Wildlife
Coordination Act Report preceding this Biological Opinion, the
Service adamantly believes that permit denial by the Corps is the
most reasonable alternative to protect fish and wildlife habitat
resources in the project area.
This completes consultation under Section 7 of the Endangered
Species Act. Consultation must be reinitiated if:
1. The amount or extent of takings specified in the incidental
take statement is exceeded;
2. New information reveals effects of the action on listed
species in a manner or to an extent not considered in this
Biological Opinion;
3. The identified action is subsequently modified in a manner
that causes an effect to the listed species that was not
considered in the Biological Opinion; or,
12

4. A new species is listed or critical habitat designated that
may be affected by the identified actions.
The Service appreciates the opportunity to comment on this project.
Please advise us of any action taken by the Wilmington District,
Corps of Engineers. You may contact David Dell, Permit
Coordinator, of this office if you have any question regarding this
Report and Biological Opinion.
Sincerely yours-,�
L.K. Mike Gantt
Supervisor
13

References
Nelson, D.A. and D. D. Dickerson. 1988a. Response of nesting
to tilling of compacted beaches, Jupiter Island, Florida.
U.S. Army Corps of Engineers, Waterways Experiment
Station, Vicksburg, Mississippi. 26 pp.
Nelson, D.A. and D.D. Dickerson. 1988b. Effects of beach
nourishment on sea turtles. In Tait, L.S. (ed). 1988.
Beach Preservation Technology 1,88: Problems and
Advancements in Beach Nourishment - Proceedings. Florida
Shore and Beach Preservation Association, Inc.,
Tallahassee, Florida. 7 pp.
Nelson, D.A. 1989. Measurement of sea turtle nesting beach
compaction with a cone penetrometer. Environmental
Laboratory, U.S. Army Corps of Engineers, Waterways Experiment
Station, Vicksburg, MS. 2 pp.
14

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Continued from pr'ealious Page
Wednesday Storm of 1962, an inlet
formed across The Haulover at the
exact location of the former Buxton
Club, cutting Hatteras Island in two.
A temporary bridge was erected
across the Ash Wednesday Inlet,
then sand was puruped from the
sound to close it, heating in the
process what is now Down as "The
Canadian Hole."
Ever since then, when the road
has been threatened. more Barad
W been pumped in to rebuild the
man-made sand dune ac oss the
natural spillway. Again in 1993, as
the cheapest and quickest way to
provide temporary protection for
N.C. 12, it appears that more sand
will be pumped froth the sound to
buttress the sand dune between the
road and the ocean.
Whether or not this coarse is fol-
lowed, however, it is incumbent on
those public officials charged with
responsibility for malntai g a ve-
h1cular link with Hatteras Island to
develop as rapidly as possible a per-
manent strategy that will restore
the spillway at The Haulover as na-
ture has intended. At the same
time, the offielals should establish a
rt}adbed for N.C. 12 that is not
threatened by every future storm.
one way to accomplish this, al-
ready under discussion, is to build a
bridge across The Raulover. A sec-
ond way, employed all over the
worid where impounded water over-
flows during intense storms, is to
construct a than -made spillway,
with N.C. 12 on top. A potential ad-
vantage of a planned reinforced
spillway instead of a bridge is that
there would appear to be less likeli-
hood of another inlet being cut
through when the next killer hu -"-
=e strikes.
Either way, however, one essen-
tial element should be l W in mind.
As soon as a bridge or spillway is
built and N.C. 12 is relocat&d close
to the sound the man-made sand
dune along the ocean beach should
be removed It should be pumped
back into the holes in the sound, if
possible, thus aliu" a free flour of
impounded water over The Rau -
lover for the first time since mar:
started blocking it off with artificial
.-and dunes early m this centum.
Dwy$d .St1C1
'r Kitty Hawk

M
W
BOARD OF COMM !SS ONERS
COUNTY OF DARE 11t-
MANTEO. NORTH-! CAROLINA 27954`-;.'
October 13, 1993
Terry Shank, President
League of Women Voters of North Carolina
801 Oberlin Road, Suite 325
Raleigh, North Carolina 27605
Dear Ms. Shank:
---
Thank you for your letter dated October 4, 1993 concerning the action
recommended by the NC Department of Transportation to provide reliable
access to Hatteras Island via NC 12. This interim measure is necessary to
prevent any additional interruption in traffic flow along NC 12 while
various experts in highway design and coastal engineering consider -a set
of alternatives that will address the long term transportation needs of
the residents of Hatteras Island.
In your letter to various elected and appointed officials, you
indicate that there is reason to doubt the urgency of these interim
measures. I would like to take this opportunity to enlighten you and your
organization about the factors that motivated our decision to act in
response to what we consider an emergency situation.
First of all, the safety of the approximately 5,000 year-round
rPGi-dents and thousands of tourists who visit Hatteras Island is the
responsibility of this local government. NC 12 is the lifeline for access
to primary medical facilities since there is no full-service hospital in
Dare County. Although Dare County operates an emergency medical air -
ambulance, this service is dependant upon satisfactory weather conditions
which are often not the case in Dare County. It has been, and continues
to be, the policy of the Dare County Board of Commissioners that no price
can be assigned to the value of even one loss of life. This commitment to
public safety was demonstrated quite effectively last month when, on the
eve of one of the three peak season holiday weekends, Dare County
evacuated residents and tourists in anticipation of Hurricane Emily. NC
12 on Hatteras Island was a critical evacuation route, and the evacuation
was successfully executed with no loss of life. If the League of Women
Voters has a formula for the value of life, I'd appreciate you sharing the
same with me.
In addition to safety, the reliability of NC 12 is essential to the
day-to-day conduct of business, not to mention the role this highway plays
in transporting students to the Cape Hatteras School in Buxton, one of the
LAND OF BEGINNINGS

.40
Terry Shank
October 13, 1993
Page 2
few remaining K-12 schools in North Carolina. Ms. Shank, when you
consider all these factors together, I think you will conclude that the
situation is indeed an emergency.
.In conclusion, although I too advocate a long-term solution to the
alignment problems associated with NC 12 on Hatteras Island, I must take
issue with your insinuation that this decision was motivated by partisan
politics. When the problems with ocean overwash on NC 12 were identified
months ago following the Halloween Storm, a bi-partisan advisory committee
of Hatteras Island residents was appointed to provide input in the
alternatives analysis. Clearly, you and your organization are not
tamiliar with the history of this situation or the importance c NC 12 to
all of Dare County. Historically, the League of Women Voters has been an
organization dedicated to advocating the principles of the democratic
process through candidates forums, voter registration campaigns and the
like. With your recent letter, I truly feel your organization has entered
the field of environmental policy, an activity I feel is best left in the
hands of those officials elected by the people to make these difficult
decisions.
Sincerely,
Robert V. Owens, Jr. - Chairman
Dare County Board of Commissioners
RVO/rs/jf
cc: The Honorable Jesse Helms
The Honorable Lauch Faircloth
The Honorable Martin Lancaster
The Honorable James B. Hunt
The Honorable Marc Basnight
The Honorable R. V. Owens, III
The Honorable Sam Hunt
The Honorable Jonathan Howes
Dare County Board of Commissioners
Thomas Hartman, NPS
roger Schecter, NCDCM
Cliff Wineforder, USACOE
Robin Morgan, Dare County League of Women Voters
Mike Gantt, James Johnson, USFWL
The News and Observer
The Coastland Times
Sybil Basnight

RESOLUTION OF THE
NORTH CAROLINA MARINE FISHERIES COMMISSION
OCTOBER 15, 1993
WHEREAS, the North Carolina Department of Transportation has applied to the U.S.
Army Corps of Engineers for a permit to dredge 200,000 cubic yards of sand from an area
of Pamlico Sound near Buxton known as the "Canadian Hole" in order to place such
material on the ocean beach to protect a section of North Carolina Highway 12 from ocean
overwash associated with storms; and
Recent flooding of the subject area during Hurricane Emily came from Pamlico
Sound rather than from the ocean, and the proposed sand deposition on the ocean beach
will not protect the road from such flooding; and
The proposed 6.2 acre area to be dredged is composed of productive shallow water
habitat, including submerged aquatic vegetation, and such habitat is vital for production of
species of recreational and commercial importance; and
Dredging in the Canadian Hole area over the last 30 years has resulted in creation
of deep holes which have not filled in through natural processes strongly indicating that
long-term loss of vital habitat will result from the proposed Department of Transportation
action;
NOW THEREFORE BE IT RESOLVED by the North Carolina Marine Fisheries
Commission that this Commission objects to issuance by the Corps of Engineers of the
permit requested by the Department of Transportation. If the Corps of Engineers issues
the requested permit, the Commission urges as strongly as possible that appropriate like -
kind, on-site mitigation be required, with such mitigation to fully replace the ecological
function of the destroyed habitat.
Approved October 15, 1993
r<7- - (/
, North Carolina M
e isheries Commission

` OCT 2 7 1993
U C+
STATE OF NORTH CAROLINA
DEPARTMENT OF TPANSPOPTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT III
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
October 25, 1993
Mr. Wayne Wright, Chief
Regulatory Branch
Wilmington District Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28405
Dear Mr. Wright:
SUBJECT: Dare County, Beach Nourishment North of Buxton,
State Project No. 4.5050009.
Enclosed please find a copy of Special Use Permit
#CAHA-9500-330 issued by the U.S. Department of the
Interior, National Park Service for the above referenced
project. If you require any additional information on this
matter, please feel free to contact me at [phone].
Sincerely ;
i
?B.J. O' uinn PE
istan ranch Manager
Planning and Environmental Branch
cc: w/attachment
Mr. Preston Pate, NCDCM
Mr. John Parker, NCDCM
Mr. David Griffin, NCDCM
Mr. John Dorney, NCDEM
Ms. Mike Gantt, USFWS
Mr. Larry Hardy, NMFS
RE

A
IN REPLY REFER TO:
L30 (SUP)(CAHA)
UNITED STATES
DEPARTMENT OF THE INTERIO
NATIONAL PARK SERVICE
Fort Raleigh National Historic Site Wright Brothers Nation,
Cape Hatteras National Seashore
Route 1, Box 675
Manteo, North Carolina 27954-2708
September 23, 1993
Mr. D. M. Sellers
Right -of -Way Supervisor
N. C. Department of Transportation
Division of Highways
P. 0. Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Sellers:
MANAGER OF
RIGHT OF WAY BRAN:.H
SEP 2 i 1993
it emorial
N.C. "F TZ.Q!7' ),-) AIION
Enclosed is Special Use Permit #CAHA-9500-330 issued for the Dare County Beach
Nourishment Project North of Buxton, State Project No. 4.5050009, for the purpose
of obtaining 200,000 cubic yards of material from approximately 9.7 acres to an
average depth of 13.5 feet in the Pamlico Sound in the vicinity of Canadian Hole.
Please sign both the white original and blue copy, keep the original, and return
the blue copy to me.
Sincerely,
4�� hIJ4 -?
Thomas L. Hartman
Superintendent
Enclosure
cc:
Ries Collier
Ed Whitaker

• 1
Form -1 x114
Rev. Aug. 86
OMB No. 1024-0026 PAGE 1 of
UNITED STATES DEPARTMENT OR THE INTERIOR
National Park Service
Special Use Permit
Name of Use OTHER: Beach Renourishment Efforts Date Permit Reviewed 19
Reviewed 19 _
Reviewed 19
Expires 19
CAHA - 9500 - 330 _
Long Term Permit ft - -- - - -- - - -- - --
Region Park Type No k
Short Term X Cape Hatteras National Seashore
Name of Area
N. C. Department of Transportation,
Division of Highways of P. 0. Box 25201, Raleigh, NC 27611-5201 [phone]
Name or Permittee Address Phone
is hereby authorized during the period from (Time day 01 Month OCT 1993 ), through (Time
day 01 Month MAR 1!94 ), to use the following described land or facilities in the above named area:
Dare County Beach Nourishment North of Buxton, State Project No. 4.5050009
(Obtaining 200,000 cubic yards of material from approximately 9.7 acres to an
average depth of 13.5 feet in the Pamlico Sound in the vicinity of Canadian
Hole.)
For the purpose(s) of: Beach renourishment efforts to protect Highway NC -12.
Authorizing legislation or other authority (RE- NPS -53 Appendix 1): 36 CFR, Chapter 1
NEPA Compliance: CATEGORICALLY EXCLUDED X EA/FONSI EIS OTHER APPROVED PLANS
PERFORMANCE BOND: Required Not Required X Amount $
LIABILITY INSURANCE: Required Not Required X Amount $
ISSUANCE of this permit is subject to the conditions on the reverse hereof and appended pages and when appropriate
to the payment to the U.S. Dept. of the Interior, National Park Service of the sum of $ FEE WAIVED .
The undersigned hereby accepts this permit subject to the terms, covenants, obligations, and reservations, expressed
or implied herein. ,p
PERMITTEE Y3
Signature Date
Authorizing Official Jz2pon4. '/- Thomas L. Hartman 9/23/93
Signature Superintendent Date
Additional Authorizing Official
(If Required)
Signature
PERMITTEE
Title
Date

CONDITIONS OF THIS PERMIT
1. The permittee shall exercise this privilege subject to the supervision of the Superintendent, and shall comply with all applicable laws and
regulations of the area.
2. Damages - The permittee shall pay the United States for any damage resulting from this use which would not reasonably be inherent in the
use which the permittee is authorized to make of the land described in this permit.
3. Benefit - Neither Members of, nor Delegates to Congress, or Resident Commissioners shall be admitted to any share or part of this permit or
derive, either directly or indirectly, any pecuniary benefit to arise therefrom: Provided,- however. that nothing herein contained shall be construed
to extend to any incorporated company, if the permit be for the benefit of such corporation.
4. Assignment - This permit may not be transferred or assigned without the consent of the Superintendent, in writing.
5. Revocation - This permit may be terminated upon breach of any of the conditions herein or at the discretion of the Superintendent.
6. The permittee is prohibited from giving false information, to do so will be considered a breach of conditions and be grounds for revocation:
[Re: 36 CFR 2.32 (4)].
7. Permittee will comply with applicable public health and sanitation standards and codes.
3. The following provisions constitute Condition 4 in accordance with
Executive Order No. 11246 of September 24. 1965, as amended by
Executive Order No. 11375 of October 13. 19x7.
NONDISCRIMINATION. If use of the resource covered
by their permit will involve the employment by the permittee of a per-
son or persons, the permittee agrees as follows:
(a) The Permittee will not discriminate against any employee or appli-
cant for employment because of, ac . c _ _iigion, sex, or nailona
origin. The permittee will take affirmative action to ensure that ap-
plicants are employed. and that empicyees .ated during
employment without regard ......e r race. reeigion. Sex. cr na-
tional origin. Such action sna : r...,cjc. oe ii r.;t2d tc the
foilowing: employment, cgrad, _.:.. - .
or. ecru it men advert; Sing, Iayo ;r ic. 1nat: on: .aces of pay or r
forms of compensation; and selection fcr training. inducing apprer-
ticaship. -.he Permittee agrees to post ,n con oUc,aces.
avai!abie x amployees and acpticacts fc. _ cloyment ,dices t3_e
provided by the Superir,ter.de ., :va c^s , this
nondiscrimmauen ciause.
tbl The Permittee%vill. in. a!I
employees placed by or on c'e^ .. _. ma =_.. ., a. c.a._ au
qualified aDci i, -@m Is Tai! c.....si7;_ cir em. P , e--:
regard to race. color.. _ ion. _ax. or national ori cin.
o` The Permittee ,vill Send to aach tanc, ri.x: - a_-asentat;ve o.
.vork,ers s✓:, 'r r.,�n _ of _.
contract or understanc .
Surerintendent, advi.in
of the Pe mittee coir--,.
Order No. 11246 of SP-otemCer .. l0 . 3s af7e -ec. and Snail post
copies of the notice in cons- ,.nous . ace.. _....lade to emcioyees
and applicants for employment.
(d) The Permittee will comply with all provisions of Executive Order
No. 11246 of September 24, 1965, as amended, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(e) The Permittee will furnish ail information anna reports required by
Executive Order No. 11246 of September 24 1965, as amended, and
by the rules. reculations, and orders of the Secretary of Labor. or
pursuant thereto. and Will permit access ,a his ocoks. records. and
accounts by the Superintendent and the Secretary of Labor for Pur-
poses of :,,.est ,-...^,n t - xit s;c.....
re culations. and ciders.
'5In the event e Pe „tae s t•e nor -
d scrimination-'auscS of -nis permir 3, .,,-'n a .y i,f such rules.
.,I-- -__. ..el'eti. termi.natad c.
..:'-rt e De. t-ee Tay `c dec!ared i..
_'i ole fcr tu,,nr- r2cve—mens ccr.t,3_.S :e,mts in accordance
-_r sanctions nna'y t .
..._.:ac.a - a_ r. _. as
-;ani
nn amenceq. so tn3t Sural uro Si^n3'.i i -� jindinq JDen 93C^
_c crt,a_ _- e.., ..ati aS
-lean<_ of er,forcinc s cr _rovisions nc!u=irc sanctions for non-
.._ .c - -. -c.:. e -
.. .._ 7. „ ._ . _. __.__ ... :.on ."Itn c _- eco n-
tractcr or vendor as a resui, or suc^ direct. _ .,he Suoer.^tendeaf.
:he Fermittee may request the United St.aas ._ -a^tar , ;to a..cn litiga-
tion to protect the interests of the United States.
'erta $,:ac:31 ?aril L':.nd;ticns

im
R
ADDENDUM
Cape Hatteras National Seashore
Special Use Permit #CAHA-9500-330
Page 3
9. Work shall be done according to NC -DOT, Division of Highways, Dare County,
NC -12 Beach Nourishment Sketches dated July 1993, revised September 1993, Sheets
1-4 (attached).
10 . Final selection of borrow sites will be made after coordination with
National Marine Fishery Service and any other agency associated with this
project.
11. The dredging will be carried out by a NC -DOT Ferry Division maintenance
dredge. The material will be pumped through pipes underneath the roadway and
onto the beach. It is not anticipated that an access canal will be required for
this dredge.
12. The pumped sand will be spread on the beach by mechanical means. This
operation will continue until an approximately 50 foot wide berm is created (see
Typical Section, sheet 3 of 4). The frontal slope will not be controlled, and
will be allowed to reach natural equilibrium. After placement of the 50 feet of
sand berm, natural processes will be allowed to reform the beach features, as
indicated by the estimated typical adjusted profile line shown on sheet 3 of 4.
The berm will be tapered back starting at a distance of 1000 feet to either side
of the project limits (see sheet 3 of 4).
13. To ensure minimal disturbance to ground nesting shore birds and sea
turtles, deposition of sand on the ocean beach shall be restricted to the period
October 1 to March 1 of any year. Permittee shall cease operations immediately
and notify NPS should live sea turtles be observed in any areas of use during
this time.
14. Sand transfer equipment shall be placed to avoid visitor use facilities
including parking lots and boardwalks and to avoid sensitive vegetation.
15. In consideration for obtaining privileges granted herein, permittee agrees
to indemnify and save harmless the United States from any loss to it, including
not only damage to government property and injury to government employees but
also judgments, settlements, or compromises for property damage or injury to all
persons for which the United States may be liable, resulting from the exercise
by the permittee and its employees of the privileges granted herein.
16. Upon expiration or termination of this permit, permittee shall remove all
signs of activity associated with this permit and restore the site as nearly as
possible to its natural state, under the direction of the Superintendent or his
designated representative.
17. Prior to beginning project, District Ranger Ed Whitaker should be notified
of exact date. He can be reached at [phone].
18. This permit shall be in effect until March 1, 1994.

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"I OF
4M UNITED STATES DEPARTMENT OF COMMERCE
i National Oceanic and Atmospheric Administration
a NATIONAL MARINE FISHERIES SERVICE
°s>A•IE: of'+� Southeast Regional Office
9450 Koger Boulevard
St. Petersburg, Florida 33702
F/SE02
NOV3 19Q?
171nm11 rnr--)
Colonel George L. Caj igal NOV 5 1953
District Engineer, Wilmington District I
Department of the Army, Corps of Engineers
P.O. Box 1890 w►rrwrr..rrerrr rrrrww
Wilmington, North Carolina 28402-1890
Dear Colonel Cajigal:
This responds to your October 20, 1993, letter notifying the
National Marine Fisheries Service (NMFS) of your intent to
authorize the work advertised in Public Notice 199303849 submitted
by the North Carolina Department of Transportation (NCDOT). The
NCDOT proposes to dredge sand from Pamlico Sound to renourish the
beach on the ocean side of Highway 12 north of Buxton, Dare County,
North Carolina. Your letter was sent pursuant to Part IV, Section
3(c)(1) of the August 11, 1992, Memorandum of Agreement (MOA)
between the Departments of Commerce and the Army.
As required by Part IV, Section 3(d)(2) of the MOA, this is to
notify you that I intend to elevate your decision to authorize the
subject work over the objections of the NMFS detailed in our
letters to you dated September 20, 1993, and September 30, 1993.
I regret the necessity for this action, but unfortunately the NMFS
cannot concur with the Corps of Engineers' (COE) Environmental
Assessment. The COE's treatment of fishery concerns also failed to
adequately consider the concerns raised by NMFS and others related
to the importance of the subtidal waterbottoms that will be
substantially altered.
The NMFS is fully aware of the importance of Highway 12 and its
vital link as a transportation corridor for the Outer Banks. The
highway has been repeatedly impacted by the many serious storms
that frequent this area of North Carolina. Long-term solutions to
the Highway's problems are needed, not more short-term quick fixes.
These have been tried before and have failed. The beach adjacent
to the highway has been renourished before, only to erode during
storms. Also, during the last hurricane the highway was flooded
from Pamlico Sound, not the Atlantic Ocean.
The NMFS cannot condone the loss of important fisheries habitat for
a project that does not remedy the highway's problems. It is
inevitable, that in the future, additional sand will be required
and more sand sources will be needed. Our agencies will again be
faced with the problem of which habitat is to be altered next.

Accordingly, the NMFS does not believe that the cumulative effect
of this and other related actions have been adequately assessed,
nor the cumulative effects on the fisheries and habitats in Pamlico
Sound. The NMFS, therefore, cannot agree with the COE's conclusion
that there will not be substantial impacts to aquatic resources of
national importance.
I strongly urge continued discussions related to long-term
solutions for Highway 12. We understand some preliminary
coordination is underway. The NMFS will provide whatever support
it can to these efforts. Should there be questions on policy
issues, our contact is Andreas Mager, Jr. (813-893-3503).
Technical questions should be addressed to Larry Hardy at (919)
728-5090.
Sincerely,
Daniel T. Furlong
Acting Regional Director
bcc:
FWS, Atlanta
FWS, Raleigh
EPA, Atlanta
NC DEHNR, Raleigh ✓'
NC DEHNR, Morehead City
SAFMC
F/ SEO21
F/HPI

"I 'r OF CN,
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
ire 1)'A'E5 Of '+`p
Southeast Regional Office
9450 Koger Boulevard
St. Petersburg, Florida 33702
F/SE02
NOV 2 1993
r 7m7'
Colonel George L. Cajigal
District Engineer, Wilmington District
Department of the Army, Corps of Engineers N©V 0 5 1993
P.O. Box 1890 t
Wilmington, North Carolina 28402-1890U
............... Yr+YY
Dear Colonel Cajigal:
Please reference Public Notice 199303849 submitted by the North
Carolina Department of Transportation (NCDOT). The NCDOT proposes
to dredge sand from Pamlico Sound to renourish the beach on the
ocean side of Highway 12 north of Buxton, Dare County, North
Carolina. As specified in Part IV.3(a) of the 1992 404(q)
Memorandum of Agreement (MOA) between our agencies, the enclosed
report advises that activities specified in the public notice may
adversely affect aquatic resources of national importance.
Pursuant to Part IV.3(b) of the MOA, I have reviewed the findings
of my staff and I have determined that the proposed work will
substantially and unacceptably impact nationally important aquatic
resources. We have initiated this letter to maintain our
prerogative to elevate this issue even though the Wilmington
District did not allow us the 25 days after the close of the
comment period for the public notice as specified in Part IV.3(b)
of our MOA. We note that your October 20, 1993, Notice of Intent
to Issue was sent only 12 days after the October 8, 1993, close of
the comment period for the revised public notice dated September
271 1993. Accordingly, my determination regarding impacts to
aquatic resources of national importance could not have been
factored into your public interest review.
We appreciate your consideration of our comments.
Sincerely,
Daniel T. Furlong
Acting Regional Dir t
Enclosure
sy''•o .�..os,,,F4
oF�.,,Yr a cd�k

bcc:
FWS, Atlanta
FWS, Raleigh
EPA, Atlanta
NC DEHNR, Raleigh
NC DEHNR, Morehead City V,
SAFMC
F/SE021