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HomeMy WebLinkAbout20130144 Ver 2_Application_20130619STATE o- STATE Ol' NORTH CAROLINA 0 4%t�4 @ n e oa ✓�N RB�yc� DEPARTMENT OF TRANSPORTATION PATRICK L. MCCRORY ANTHONY J. TATA GOVERNOR SECRETARY June 13, 2013 U.S. Army Corps of Engineers J Z Regulatory Field Office t03 — o I q4 Post Office Box 1000 Washington, N.C. 27889 -1000 Dear Mr. Bill Biddlecome, The North Carolina Department of Transportation is requesting the issuance an Emergency Permit for a proposed emergency beach repair /nourishment project along NC 12 in Dare County. On the week of October 21" Hurricane Sandy impacted NC 12 along the Outer Banks, creating severe beach erosion, dune loss and important infrastructure damage to the only highway route on and off Hatteras Island. The increased erosion along with loss of beach face width and protective dune barrier had a severe impact on NC 12 along Southern Pea Island / Mirlo Beach and the community of Hatteras Island. Due to a reduction in the beach face width, failure of protective sandbags and dunes, NC 12 became severed by ocean over wash and direct surf zone energy. The loss of the only transportation facility on and off Hatteras Island created an undue hardship and burden upon residents and the business community, which rely on NC 12 for their well -being and livelihoods. In an effort to reestablish highway connectivity and address numerous storm repairs Governor Beverly Perdue declared a State of Emergency on October 27, 2012. NCDOT has been dealing with and attempting to address the situation of NC 12's increased vulnerability, since Hurricane Sandy passed by our coast in October, 2012. The increased vulnerability has created a state in which, NC 12 is periodically and unpredictable closed during storm events and extreme high tides. This increased state of vulnerability has reached a tipping point that is now creating an undue hardship and burden on Hatteras Island residents who rely on this highway; NC 12, to provide the only access on and off Hatteras Island. Their ability to use this state highway safely and reliable is a responsibility that NCDOT must address and respond to in accordance with our state laws and policy. In an effort to accomplish that directive, NCDOT has relocated NC 12 within our Right of Way to the western most edge and installed protective sandbags multiple times, adjacent to the roadway. The sandbag area had a protective dune reconstructed on them that varied in width from 30 -50 feet at the base and 8 -12 feet in height. With these efforts taken and measures put in place, NC 12 has continued to experience increased ocean over wash and road closures during storm and high tide events. The emergency response following Hurricane Sandy has been ongoing throughout the winter months and currently continues with each storm and high water event. Due to the increased ocean over wash vulnerability, road closures, and detrimental impacts to the well- being and livelihood of Hatteras Island Residents, which has occurred since October 2012, Governor Pat McCrory issued a new Declaration of Emergency for the specific area of Southern Pea Island / Mirlo Beach area on March 19 "i, 2013. Actions taken by NCDOT to respond to this state of emergency are attempting to provide a temporary solution, reducing the level of ocean over wash vulnerability, and restoring the reliability of NC 12, the only transportation facility on and off Hatteras Island. In conjunction with this emergency action and implementation of this temporary solution, NCDOT will continue to plan for and find a long tern solution for transportation needs on Hatteras Island. Following Hurricane Sandy in October of 2012 and the subsequent winter storm season of 2013, NCDOT has reviewed three alternatives to address the increased level of vulnerability of NC 12 to ocean energy storm forces that result in partial or complete closures of NC 12. These highway closures have had significant impact on the well -being and livelihood of Hatteras Island residents and business community. Alternative One: Maintain the existing NC 12 on its current alignment with protective sandbags and dune, within NCDOT easement. Alternative Two: Install a temporary bridge west of the NC 12 alignment, outside of NCDOT current easement. Alternative Three: Maintain the existing NC 12 on its current alignment with protective sandbags and dune, within NCDOT easement. Supplement this maintenance effort with an emergency beach nourishment project, designed to provide 3 years of additional protection from ocean energy storm forces. NCDOT's long term solution for the project area is projected to be finalized by the end of the 3 year protective beach nourishment project's design life. The proposed Alternative Three has been selected by NCDOT. The process of reviewing these three alternatives has taken place over a time period in which NCDOT has been responding to a state of emergency declared by Governor Beverly Purdue on October 27, 2012'' and subsequent state of emergency declared by Governor Pat McCrory on March 17 "i, 2013. The alternative analysis is provided in the attachment. The proposed beach repair /nourishment project will place an estimated 1.7 million cubic yards of beach quality sand within the Pea Island S- Curves / Rodanthe - Mirlo Beach project area. This project area is 11,250 feet (2.13 miles) in length and encompasses NC 12's most vulnerable area to ocean over wash. The beach nourishment is designed to increase the beach width by 100 to 130 feet. This additional beach width will reduce the frequency and severity of ocean over wash during storm and high tide events, thus reestablishing a vital transportation facility for the residents of Hatteras Island. The sand source for this project is currently proposing to use an offshore borrow source within the Wimble Shoals area. This borrow source will be identified and sampled for compatibility with the receiving beach. That information will be provided to regulatory and resource agencies, as it are received. An ocean dredging contractor will be utilized to dredge and move the material to the project area. A traditional pipeline dredging operation will place the material within the 11,250 foot project area. Heavy equipment will direct the discharge line and form the designed beach profile. The sand will be placed on the beach in such a way as to maximize sediment placement on the beach face and reduce runoff from the slurry. The proposed project will taper to the natural shoreline through transition zones on the north and south ends of the project area. On the south end of the project, within the Mirlo Beach /Rodanthe Community sand will not be placed under any private homes or structures. The nourished beach profile will remain seaward of any private residence dwelling. The Pea Island Middle and North end of the project area will receive protective dune restoration along with the proposed beach face nourishment. This dune replacement will be located in over washed areas and supplement existing damaged dune areas. The proposed dune reconstruction area is approximately 1800 feet long. This project will be reviewed and comments received from resource agencies concerning cultural and natural resources. The NC State Historic Preservation Office has reviewed the proposed project. Their response is provided with this permit package. The USACOE is coordinating all Section 7 threatened and endangered protected species issues, including terrestrial and marine habitats. The North Carolina Department of Transportation wants to have flexibility in the permit, allowing beach nourishment to take place during the turtle moratorium time period between May 1- November 15th. Having the flexibility to conduct the emergency beach nourishment during this time period will give an ocean dredging company contract and the proposed project, needed assurance for successful completion. Due to predominant increased wind and wave factors of the Northern /Central Outer Banks fall and winter seasons; project safety, construction cost, and benefit may be compromised, if the permit restricts project construction to the winter season. The ability to work between May I — November 15'h, increases the likelihood a project can be completed in a single mobilization effort. This will help insure the project purpose is achieved. Having one mobilization effort and project operation reduces impacts on the environment, by likely narrowing the window of project completion to a single season. if the contract is required to work in the fall/ winter months, this may prolong the project into two fall /winter seasons. This will increase project cost, environmental impact, safety risk and reduce the probability of project success /benefits. It is understood that working during the highly biological productive period between May 1- November l5`", will require additional biological monitoring and other environmental requirements. NCDOT can commit to such measures as on -site observers for biological monitoring of protected sea turtles and birds that may be utilizing the areas within the project during those biological active time periods. NCDOT will coordinate with the appropriate state and federal agencies to insure environmental compliance, avoiding and reducing risk to protected species and natural resources. We will coordinate closely with the NCWRC, NIPS and USFWS regarding any observations of these species within the project area, and subsequent necessary actions to avoid any potential negative impact. Such measures as reducing lighting during the (May 1 through November 15' ") turtle moratorium time period can be implemented. NCDOT will also review measures necessary to reduce impacts to fishery resources. This is being done by coordinating with the NCDMF and NOAA -NMFS on borrow source dredging technique /design, which can allow for a faster recovery to the benthic community. This recovery will reduce any potential impact to fishery resources that utilize the borrow source areas. During the sand discharge on the receiving beach face, NCDOT can consult with the USACOE Civil Works Section and dredge contractor on berm placement and sand discharge in a manner that reduces slurry turbidity and deposition impacts to the intertidal surf zone benthic and fish community. NCDOT will be providing additional project details to the USACOE- Regulatory on the project beach design, sand borrow area characteristics, and protected species consultations with other agencies. NCDOT will be applying for emergency permits from the NCDWQ, NCDCM, NPS and USFWS. Throughout this process we will avoid and minimize environmental impacts and comply with applicable regulatory requirements. NCDOT's response to this emergency situation and implementation of the proposed beach repair /nourishment is critical to restoring a reliable and safe transportation facility for the residents of Hatteras Island. The continued state of increased vulnerability to ocean over wash and road closures, for the only highway on and off Hatteras Island is having a severe impact on the residents and economy of Hatteras Island. This state is unacceptable and requires NCDOT to address the situation through this emergency action. NCDOT appreciates your efforts in serving the citizens of Hatteras Island and working with NCDOT towards providing a reliable transportation facility for the traveling public. The project schedule is currently working towards a start/completion date sometime within the next several months of 2013. Once the project begins it will take between 60 -90 days to complete. Included with this request are the application forms and location map with project illustration and a copy of the Declaration of a State of Emergency. Additional information and project details will be forwarded as they are available. If you have questions please call me at (252) 482 -1876. Sincerely, Jerry Jennings Division One Engineer Clay Willis Division One Environmental Officer Cc: David Wainwright, NCDWQ Sterling Baker, NCDOT Jamie Sherri, NCDOT Elizabeth Lusk, NCDOT Alternative Analysis for the protection of NC 12 along a 2 mile section within Southern Pea Island — Mirlo / Rodanthe Beach Community Purpose of project: Provide a 3 year short term level of protection against ocean storm events, which currently result in temporary closures of NC 12. The NC 12 closures initiated a Declaration of Emergency by Governor Beverly Perdue in 2012 and Governor Pat McCrory in 2013. This project will attempt to reestablish and provide a reasonable level of stability and reliability to NC 12, as a safe and reliable means of transportation. The project will be designed as a protective temporary measure, allowing NCDOT time to plan and implement a long -term solution for NC 12 in this location. This is the only highway for Hatteras Island citizens, which rely on this road for their well -being and livelihood. NCDOT is currently working towards a long term solution for NC 12 within the project area, which is scheduled to be implemented in the next few years. Alternatives considered: Alternative One is to maintain NC 12 on its existing alignment with protective sandbags and dunes, within the NCDOT easement. This alternative would continue the current approach of maintaining highway 12 within the S- Curves /Mirlo Beach Project area, resulting in no new preventative actions taken to address increased frequency of ocean storm over wash on NC 12 and the resulting road closures. NCDOT's major response's to storm erosion at this location is well documented. In 2007 NCDOT installed 900 feet of sandbags following Nor'easter storms associated with the Fall season of 2006. In conjunction with this project a Beach Habitat Restoration Project was required by the USFWS Special Use Permit authorizing the protective sandbags. NCDOT initiated the Beach Habitat Restoration Project within the S- Curves area, which resulted in 200,000 cubic yards of sand being placed within a 1,500 feet area, seaward of the sandbag alignment. This project was completed in the winter /spring of 2009. In the Fall season of 2009 another storm event severely damaged the 900 feet of sandbag alignment and washed out a portion of the NC 12 roadway. NCDOT applied for new permits to reinstall the 900 feet of sandbags and extend an additional line of sandbags 350 south. This resulted in a new total alignment of bags measuring 1250 feet long. As part of this emergency response NCDOT elected to relocate 1800 feet of NC 12 to the western side of NCDOT's easement. Then in September of 2011 Hurricane Irene severally damaged the 1250 feet of sandbags and severed NC 12. NCDOT got authorization to replace the length of sandbag alignment and once again repair the severed roadway. In the Fall of 2012 Hurricane Sandy severely damaged the 1250 feet of sandbags and severed NC 12, resulting in another prolonged highway closure. In the Fall /Winter of 2012/13, NCDOT replaced the 1250 feet of sandbags and once again made an NC 12 alignment shift to the very western edge of the NCDOT easement. Throughout this time period NCDOT engaged in frequent primary dune reestablishment in an effort to maintain coverage of the sandbags and provide protection from high tide storm over wash. The residents of Hatteras Island have experienced the impacts of road closures on NC 12 for many years. Infrequent road closures in short duration have a manageable negative impact on the residents' well- being and livelihood. Infrequent and short road closures are generally easier to recover from and don't have a substantial long term negative impact on the community. The current increased frequency of road closures from ocean storm over wash has reached a tipping point, creating an intolerable level of negative impact on the Hatteras Island community. The rate of road closures in the last few years has increased, resulting in community impacts that are having substantial and long -term negative impacts. NCDOT has recorded approximately thirty road closures in the past two years within the project area. These road closures can average three day closure times, with some extending beyond a week. This has resulted in over three months of interrupted service for the only highway giving access to Hatteras Island. The business community has experienced greater than a fifty percent loss in business during these extended road closures. The increased frequency and level of road closures is having a significant impact on the local economy and business owners. Beyond the business community impacts, Hatteras Island resident's well -being is impacted negatively by significant reduction or loss of essential services. Many residents have medical concerns that must be addressed off Hatteras Island. The unpredictable nature of storm closures on NC 12, threatens residents ability to accomplish this, directly endangering their well- being. The current approach of maintaining NC 12 in its existing alignment with sandbags and dune reconstruction has become less effective and more costly. Since 2008, NCDOT has spent between eight to nine million dollars maintaining NC 12, at the S- Curves location (2 miles of roadway). Maintaining NC 12 with sand bags and dune reconstruction is less effective without a level of protective beach face to absorb ocean storm energy. The current beach face shows little recovery from erosive storm events, thus leaving the protective sandbags and dune subject to high energy waves. This results in increased vulnerability and a continued high level of NC 12 closures. It is reasonable to assume NCDOT could incur a similar maintenance cost of eight to nine million dollars over the next four years, as was the case between January 2008 & March of 2013. This high level of maintenance cost, along with the continuing increase in road closures is not a desirable alternative for NCDOT or the citizens of Hatteras Island. Restoring a reasonable level of reliability, stability and safety to NC 12 through this area is the primary purpose for this emergency action. The selection of Alternative one would result in elevated maintenance expenditures and continued NC 12 over wash roadway severance, thus leading to closures. Alternative one does not meet the proposed purpose of this project. The continued or increased level of road closures is having and will have a long term detrimental effect on the livelihoods and well -being of Hatteras Island residents. The environmental impacts associated with alternative one results from the increased level of maintenance /replacement of protective sandbags and dune line. The process of filling sandbags from the adjacent intertidal surf zone causes a temporary impact to the benthic community. The sand dredged from the intertidal zone is replaced by NCDOT to off -set loss of beach habitat and help supplement recovery. The high energy environment of the intertidal swash zone can recover from the hydraulic dredge operation used to fill sandbags. Heavy equipment used to dredge the fill material for sandbag placement and reconstruction of the dune line, can have a temporary impact on shore bird use along the area. These impacts are temporary and occur during the construction time periods. The dune reconstruction and sand removal along the roadway in the S- Curves has become more frequent in the last few years and thus results in more temporary disturbance to wildlife. The fore beach within the project sandbag area has some habitat for nesting sea turtles. The protective sand bag alignment adjacent to NC 12 can create increased wave energy reflection during periods of high tides and storm events. This increase in reflective wave energy often results in erosion of the beach face, creating a steeper beach profile. The steep gradient beach face is subject to complete high tide flooding during most minor storm events, thus degrading the sea turtle nesting habitat. Sandbag maintenance or replacement generally occurs during the fall /winter or early spring months, outside of the active sea turtle nesting season. This reduces the chance of interacting or causing direct impacts to nesting sea turtles. There are no impacts to jurisdictional surface waters or wetlands associated with sandbag installation or dune reconstruction. Impacts to finfish utilizing the narrow lower intertidal zone habitat generally forage along these areas. The use of this habitat by finfish is very intermittent and difficult to assess within the small sandbag project area, which is approximately 1,500 feet long. It is reasonable to assume that temporary impacts during sandbag dredging operations may cause avoidance of the area by fish. This avoidance would only be temporary and last during the duration of equipment operation within the lower intertidal zone. Alternative one maintains the current footprint of the road and dune line within the existing easement, thus any new impacts to cultural and archaeological resources are avoided. Alternative Two proposes to install a temporary bridge west of the existing easement, on USFWS Pea Island National Wildlife Refuge. Following storm damage and NC 12 closures caused by Hurricane Sandy in October of 2012, NCDOT reviewed the alternative of placing a temporary bridge to the west of the existing easement. This alignment would be approximately 100 -150 feet west of the existing roadway, on the Pea Island National Wildlife Refuge. The temporary bridge was designed to span a total of 300 feet over a portion of an ocean over wash created by Hurricane Sandy, which flowed to the Pamlico Sound through a man -made drainage canal and adjacent marsh. The designed bridge span location and clearance was placed within a probable location for future ocean storm over wash flows. The bridge approach's roadway grade elevates to allow a 4 -6 foot bridge clearance for the distance of the 300 foot span. The bridge approach increase in elevation would be accomplished with earthen fill. A portion of this approach roadway fill is retained by vertical steel sheet pile structure. These vertical retaining structures would begin at the bridge end bents and extend approximately 150 feet, north and south along the roadway approaches. The north end bridge approach merges with the existing NC 12 roadway alignment approximately 1200 feet from the bridge structure. The south end of the bridge approach merges with the existing NC 12 roadway, approximately 200 feet from the bridge structure. Total length of the roadway approaches and bridge structure for the western alignment is 2160 feet (0.41 miles). The bridge structure and roadway work is estimated to cost $3,650,000.00. Removal of the structure and roadway following the implementation of the long term solution is estimated to cost $600,000.00. There would be utility relocation cost associated with this alternative. This cost is calculated based on Cape Hatteras Electric Cooperative's temporary power line realignment, which was estimated to cost $280,000.00. The total cost associated with the temporary bridge alignment and utility relocations are estimated to be between 4 and 5 million dollars. The construction time frame is approximately 5 months to complete. NCDOT's review of the project plans revealed problems associated with this alternative meeting the project purpose. NCDOT's proposed alignment of the temporary bridge was established based on the USFWS recommendation that NCDOT could temporarily relocate the structure outside NCDOT easement, if the realignment was considered "minor ". Therefore, NCDOT limited the western movement of the proposed road /bridge, so the "minor" requirement could be met. NCDOT also needed to consider constructability requirements with the north and south tie end points to NC 12. Issues with private property boundaries exist at the southern tie in point to NC 12 and constrained NCDOT's ability to extend the western alignment shift into Mirlo Beach. The final alignment was placed directly west of existing Cape Hatteras Electric Transmission Lines. As part of the project, the power transmission lines would then be moved to the west of the new road /bridge. NCDOT could then build a detour route in the alignment of the old electric transmission line corridor, which would be utilized during construction. This detour would be very limited in its ability to carry full service on NC 12 during the 5 month time period. The detour would experience periods of temporary closure for construction of the roadway /bridge alignment. Ocean over wash would likely continue to cause closures on the detour. The ocean over wash concern is elevated at the southern detour tie in point, which is also the location of the temporary road /bridge tie in points. This creates an elevated potential for traffic flow issues, along with safety concerns. NCDOT's concern with this alternative includes potential scour around the steel sheet pile retaining walls that abut the north and south end of the bridge points and extend 150 feet along the elevated roadway. Because of the steel sheet pile retaining structures location, over wash and storm surge will likely induce scour during storm events. The unpredictable nature of storm over wash and the resulting scour around the structure is a concern for NC 12 and the surrounding project area. The unpredictable nature of storm over wash direction could occur outside of the design channel span, which might exacerbate scour along the sheet pile roadway fill and project area. Another detriment to this alternative fulfilling the project purpose is the continued vulnerability of the north and south tie in points to NC 12. The north and south roadway approaches taper to the existing adjacent ground elevations. Thus, continuing to leave these critical points vulnerable to ocean over wash and storm damage. This concern is elevated at the southern tie in point, were frequent over wash occurs at Mirlo Beach. With the minor western realignment, NCDOT would not be relieved from the need to continue maintaining the existing roadway easement and protective dune line that NC 12 is currently located in. The bridge design approaches would be vulnerable without some level of continued primary dune line to buffer ocean storm energy and over wash. NCDOT also has to consider the long term solution to NC 12 that is currently under review; the long -term study includes an alternative that consists of a bridge within the existing easement. The maintenance of the existing land within the easement would not be placed at the level expected to retain traffic flow; however, it would require enough time and effort to incur significant maintenance cost. Based on previous year maintenance cost, it is reasonable to assume NCDOT could spend well over one million dollars during a 3 -4 year time frame, until the long -term solution was implemented. This money would be spent on managing the dune line and protecting the existing easement. NCDOT's review of a temporary roadway /bridge on a new western alignment resulted in an unfavorable choice to accomplish the purpose of the project. This alternative will spend an estimated 4 -5 million dollars on the temporary roadway/ bridge and utility relocations. In addition, NCDOT will spend a conservative estimate of 1 million dollars or more on maintaining the dune line and existing easement, which will be ongoing until the long -term solution is implemented. The 5 month construction time frame and the restricted service detour, with construction and over wash closures, would cause significant economic and safety concerns. The unpredictable nature of the storm over wash location is a concern, as it relates to scour around the bridge span and steel sheet pile retaining structures. The bridge span and adjacent retaining walls have been placed in the most probable over wash point, based on recent storm events. However, the relatively short bridge span length and roadway approaches leave some concern, as to how the roadway and structure would react to over wash that is not concentrated at the main bridge span. It is likely some road damage and closure would still occur at the north and south tie in points with NC 12, which is at existing ground elevations. The selection of this alternative would continue to result in unacceptable frequency in road closures that negatively impact Hatteras Island residents and endanger their well- being. Alternative Two does not meet the purpose of the proposed project. Environmental impacts resulting from Alternative Two were considered during the development of the plans. The proposed alignment of the roadway and bridge is along an over wash fan. This area was previously a coastal marsh system, which has been converted to a sand flat by numerous over wash storm events. The dispersed sand has naturally filled in the wetland system. NCDOT's roadway and bridge would be on this sand flat, thus, not directly impacting wetlands or surface waters. As part of this project, the utility power lines would have to be relocated to the west of the new roadway alignment. The power line alignment would likely have some wetland impacts resulting from the power pole foundations. The degree of impact would vary depending on Cape Hatteras Electric Cooperative's chosen alignment. It is reasonable to assume that under an emergency situation and given time constraints, the power alignment would have been chosen to accommodate an expedited time frame with minimal wetland impacts (estimated <0.10 acres). Over wash sand flats are considered good shore bird nesting habitat for a variety of species that use the Pea Island National Wildlife Refuge. Impacts to the over wash sand flat would have occurred as a result of the proposed western alignment. The impact would be approximately 2 to 2.5 acres of the sand flat. These impacts would result from the roadway fill and bridge footprint project area. Impacts to finfish and the near shore marine community would be similar to impacts described in Alternative one. These impacts would result from the need to maintain the existing primary dune line and protect the NC 12 easement. The Pea Island National Wildlife Refuge is listed as eligible for the National Register of Historic Places as a Historic Landscape. Thus, the proposed project would need to be reviewed for the alignment to temporarily impact the project area on Pea Island. NCDOT coordinated with the NCSHPO regarding potential cultural resource impacts under Section 106 of the National Historic Preservation Act of 1966 as amended. Their preliminary review of the design indicated the project would be able to receive a favorable response. The temporary nature of the emergency roadway and bridge would not be of such concern as to eliminate the proposal. Alternative Three proposes to maintain NC 12 within the existing easement utilizing protective sandbags and dune maintenance. This effort would be supported with an emergency beach nourishment project. The beach nourishment project would be designed by the USACOE Civil Works Section to place 1.7 million cubic yards of beach quality sand along 2.13 miles of beach within the project area. The sand placement is to be primarily centered in the S- curves / Mirlo Beach area, where damaging ocean over wash frequently occurs. Their design would provide a 3 year protective measure for NC 12 against the erosive ocean forces, which have led to increased frequency in road closures. NCDOT will continue to work towards the long term solution for NC 12 within the S- Curves / Mirlo Beach area. The long term solution is projected to be implemented near the end of the beach nourishments expected designed life of 3 years. The beach nourishment project design focuses the majority of the sand berm placement within an 8,000 foot area located around the vulnerable S- Curves / Mirlo Beach location. The final design beach width berm throughout the 8,000 foot critical zone is 130 feet wide. North and south of this critical zone, the project will begin transitioning with a tapered berm back to the existing shoreline. The total beach nourishment project length is 11,250 feet (2.13 miles). The northern transition zone will include a dune construction that is approximately 1800 feet long as indicated on the work plat. This dune will be aligned along the existing primary dune line and tie into the dunes on the north and south ends. The southern zone at Mirlo beach will only have sand placed seaward of the private structures. Sand placement will be accomplished by means of hydraulic dredging, including hopper and /or cutterhead suction dredging. Due to potential weather and sea conditions, and location of safe harbor relative to the proposed borrow sources, it is likely a hopper dredge operation would best suit this project. The discharge pipe will be floated from a seaward station and placed along the project area beach face. The discharge pipe will then be moved by heavy equipment, with the sand seawater mix being directed by project personal to build the designed beach profile cross - sections. The sand placement process will utilize a temporary berm construction sequence to maximize sand settlement on the beach and reduce sand slurry from direct discharge into the near shore area. Heavy equipment (bulldozers, front end loaders) will move and grade the discharged sand into the desired beach profile. It is estimated this process will take 60 -90 dates to complete the designed beach berm width. Once the beach nourishment operation begins the work is conducted 24 hours throughout the 7 day work week. Severe weather may shut down the operation temporarily. Sand utilized for this project will come from an approved borrow source. The USACOE Civil Works Section is currently reviewing three potential borrow areas. Two of those locations are in the Wimble Shoals vicinity that is located approximately 1.5 to 3 miles offshore of the project area. The third location is within the Oregon Inlet federal navigation channel, which is approximately 13 -15 miles north of the project area. These borrow areas are currently being sampled for compatibility with the native beach sand. The beach nourishment project will only utilize borrow sand that meets state and federal compatibility requirements. A summary of the sand analysis results can be made available upon request. Following this application NCDOT will notify the USACOE- Regulatory Section of the final selected borrow source and provide any necessary information for the permit process. Dredging of the borrow area would be accomplished using a private contractor approved for hydraulic dredging in the ocean. The USACOE Civil Works Section is to administer a proposed contract and oversee project operations. The 2.1 mile long beach nourishment project is estimated to cost $18 million. This estimated cost could need adjustment once the final borrow source is selected. After review of the available alternatives to provide a 3 year short -term protective measure for NC 12 within the S- Curves / Mirlo beach location. NCDOT concluded a supporting protective beach nourishment project to on -going maintenance measures, would provide for the most probable and practical solution to reestablishing a reasonable level of stability and reliability to NC 12 at this vulnerable location. The proposed beach nourishment design encompasses the entire problem area associated with the S- Curves on Southern Pea Island and Mirlo Beach. This is important to note, because significant over wash resulting in damaging flood waters, often occurs in the Mirlo Beach location, just south of the protective sandbags bordering NC 12. Alternative One and Two have a static narrow project area focus and no means to address unpredictable storm over wash, occurring at the northern and southern points of the protective sandbags or the proposed western bridge alignment. Alternative Three gives a broader protective beach along the entire area of concern and provides for natural processes to create a buffering shoreline that adjust with different storm dynamics. The additional beach width creates a flatter profile to dissipate damaging wave energy prior to contact with the primary dune line and NC 12. This minimizes the chance for significant road damage along NC 12, which often results in frequent and sometimes prolonged road closures. A wider and flatter beach profile would significantly reduce NC 12 maintenance cost over the next 3 to 4 years that could be associated with primary dune reconstruction, sand bag maintenance /replacement and storm damaged road reconstruction. Without the supporting beach nourishment proposal these storm damage maintenance cost, as mention in the Alternative One discussion, could be assumed to reflect the previous 4 years, which was around $8 to $9 million. This is significant maintenance expenditure, which has had negligible positive impact to NC 12's reliability and stability within the project area. It is reasonable to assume the supporting beach nourishment option will reduce much of the anticipated maintenance cost that would be incurred over the next 3 to 4 years. The citizens of Hatteras Island are trusting NCDOT will expend resources that will meet the purpose of establishing a reasonable stabile and reliable highway. This highway will be used to provide the only access on and off Hatteras Island, significantly impacting their livelihoods and well- being. Environmental impacts associated with the proposed Alternative Three have been considered and are primarily concerned with adjustments in habitat along the littoral zone, offshore borrow excavation and interaction with protected species. These impacts are mostly temporary in nature and will not have permanent detrimental impacts to the environment. The proposed beach nourishment project will not impact section 404 wetlands or coastal wetlands. The proposed beach fill will begin in the upper beach and extend below the mean high tide line, thus resulting in fill extending into jurisdictional surface waters. The acreage of beach compatible sand to be placed below the mean high water mark is estimated to cover 62 acres. This fill calculation is taken from the northern project limit and extends 2.13 miles to southern project terminus. The fill berm used to construct the desired beach profile varies in width below the mean high tide mark along this 2.13 mile fill area, as shown on the provided cross - sections. The greatest width extending seaward of the mean high tide line is approximately 290 feet. This width decreases with the transition to the existing north and south shoreline. This beach quality sand fill will adjust to the depth of closure, by natural process throughout the project length. The littoral zone impacts along the beach will be temporary and result from adjustment of the shoreline seaward by the designed nourishment berm. Organisms adapted to this high- energy intertidal habitat typically include mole crabs, coquina clams, isopods, amphipods and polychaetes. These invertebrates provide food source for shore birds and near shore finfish. These organisms live in a high- energy environment that is subject to rapid changes by storm events eroding and /or depositing sand along the beach face intertidal zone. There will be some benthic community mortality associated with beach fill placement in the intertidal habitat. However, the nature of these organisms and their ability to adapt to adjusting shorelines will minimize the impact. Previous studies on beach nourishment projects have shown these communities can recover in less than 1 year. NCDOT has been collecting benthic invertebrate data along the project area and will have the ability to compare pre and post nourishment benthic community populations. As a result of the beach nourishment approximately 20 -30 acres of beach habitat will be created. This created habitat can benefit marine and terrestrial wildlife, which utilizes the upper beach community, as well as the lower beach benthic community. The offshore borrow impacts are temporary and result from narrow shallow dredge cuts made by the Hopper dredge. The narrow shallow cuts range in depth from 2 to 10 feet. These dredge cuts are created from a suction line that is placed along the bottom and dragged through the borrow area. These cuts are typically long and very narrow. They can be spaced to allow for relatively quick recovery of the dredge site and benthic community. The offshore borrow areas within the vicinity of Wimble Shoals are considered an important habitat for fisheries. NCDOT will minimize impacts to the benthic community by consulting with the National and State Marine Fisheries on dredging operations. If the borrow site at Wimble Shoals is selected, minimization of impacts to this resource will be incorporated into a dredging operation. The USACOE Civil Works Environmental Resources Section has prepared an Essential Fish Habitat analysis addressing potential impacts to finfish. The analysis has been provided to the USACOE Regulatory office for review. The proposed project construction will be within suitable habitat areas utilized by protected sea turtles. Consultation was initiated by the USACOE Civil Works Environmental Resource Section with the NOAA- Southeast Regional Office on use of the 1997 South Atlantic Regional Biological Opinion. Through coordination with NOAA, the in -water Hopper dredging operation for this project has been authorized to operate under the 1997 South Atlantic Regional Biological Opinion. NCDOT consulted with the USFWS Ecological Services Division for comments on the proposed beach nourishment project. Following the Governors Declaration of Emergency for the project area, the USFWS is operating under their emergency procedures as outlined in their policy guidelines. In order to avoid and minimize impacts to nesting Sea Turtles, NCDOT initiated a monitoring program beginning May 1St. This program will continue until a beach nourishment contractor is on -site. At that point the contractor will be responsible for providing observers to monitor Sea turtle activity. NCDOT's monitoring protocol requires a biologist to survey the entire beach project area beginning at daybreak. Each day the observer records observations in a report format. In the event a Sea Turtle nest is observed within the project area, NCDOT has coordinated with the N.C. Wildlife Resource Commission N.E.S.T. program and the USFWS Pea Island National Wildlife Refuge staff to relocate the turtle nest in a safe location outside the proposed project area on Pea Island. The monitoring data reports can be made available upon request. Impacts to Cultural and Archaeological resources have been reviewed by the State Historic Preservation Office. The beach nourishment project received a favorable response from that review, which has been included in the permit package. The USACOE Civil Works Department has contracted with a private firm to conduct archaeological surveys of the borrow sites. Any discovered resources at the borrow sites, would be mapped and avoided. The results of these surveys will be made available upon completion. The environmental impacts associated with the proposed Alternative Three are resulting from interaction and temporary disturbance to marine and beach habitat. NCDOT recognizes the increased environmental sensitive area associated with Alternative Three and has taken steps to minimize any potential impacts. Through our continued coordination with the resource agencies and monitoring program, NCDOT believes the preferred Alternative Three can be successfully implemented, not resulting in a more than minimal long term impact to the aquatic environment. After review of the provided alternatives NCDOT concludes Alternative Three best meets the project purpose of reestablishing a reasonable level of stability and reliability to NC 12. The continued vulnerability that would result from Alternatives One and Two would not meet the project purpose. As described in the alternative descriptions, there are clearly defined concerns with Alternatives One and Two. These concerns create reason to eliminate them from further consideration. The citizens of Hatteras Island cannot withstand the continued level of vulnerability and road closures that negatively impacts their well -being and livelihood. Environmental Impacts associated with Alternative Three can be minimized through continued coordination with resource and regulatory agencies, thus ensuring a successful project, providing protection for the environment and establishing a safe reliable highway for the citizens of Hatteras Island. U.S ARMY CORPS OF ENGINEERS APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO 0710 -0003 EXPIRES: 28 FEBRUARY 2013 33 CFR 325. The proponent agency is CECW -CO -R Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information Send comments regarding this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget, Paperwork Reduction Project (0710 - 0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number Please DO NOT RETURN your form to either of those addresses Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403: Clean Water Act, Section 404, 33 USC 1344, Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413, Regulatory Programs of the Corps of Engineers, Final Rule 33 CFR 320 -332. Principal Purpose Information provided on this form will be used in evaluating the application for a permit Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and /or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An application that is not completed in full will be returned (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1 APPLICATION NO 2 FIELD OFFICE CODE 3. DATE RECEIVED 4 DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANT'S NAME 18. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) First - Clay Middle - Last - Willis First - Middle - Last - Company - NCDO'I' - Division I Company - E -mail Address - tcwillis @i ncdot.gov E-mail Address - 6. APPLICANT'S ADDRESS* 9. AGENT'S ADDRESS Address- 1 13 Airport Drive Address - City - Edenton State - NC Zip-27932 Country-USA City - State - Zip - Country - 7. APPLICANT'S PHONE NOs. WAREA CODE 10. AGENTS PHONE NOs. w /AREA CODE a. Residence b. Business c Fax a Residence b. Business c Fax Edenton,NC NCDOT - Division 1 252- 482 -8722 STATEMENT OF AUTHORIZATION 11 - I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application SIGNATURE OF APPLICANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) NC 12 Southern Pea Island S- Curves / Mirlo Beach - Rodanthe Emergency Beach Nourishment Project 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Atlantic Ocean Address NC 12 / S- Curves Mirlo Beach Area 15, LOCATION OF PROJECT City - Rodanthe Community State- NC Zip- 27968 Latitude- -N 35.6289 Longitude: oW - 75.469 16 OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID NCDOT Easement - NC 12 Municipality n/a Section - n/a Township - Mirlo Beach / Rodanthe Range - ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3 17. DIRECTIONS TO THE SITE The project area begins in Southern Pea Island approximately 1.5 miles north ofthe southern Pea Island National Wildlife Refuge border and extends south from that point 2.13 miles, ending within the community of Mirlo Beach. 18 Nature of Activity (Description of protect, include all features) This project proposes to conduct an emergency beach nourishment project along 2.13 miles of NC 12. The project begins in the southern portion of Pea Island National Wildlife Refuge and extends into the Mirlo Beach community. The project will provide a short term 3 year protective measure against ocean storm over wash and tidal surges, which often results in NC 12 damage and road closures. The project Will use a hydraulic dredging operation to dredge 1.7 million cubic yards of sand from an offshore borrow source located within the Wimble Shoals area. The sand will be transferred to the project area site and pumped through dredge pipe onto the receiving beach. Heavy equipment operating on the beach face will direct the discharge line, while bulldozers grade the deposited sand to reach the designed beach profile. The final beach profile is a 130 foot berm within the main body of the project area. This width decreases as the project transitions north and south to taper with the existing shoreline. Along the northern transition zone the project proposes to build 1800 feet of dune that will tie into the existing dunes. Once the dredging operation begins, the project is estimated to take 60 -90 days to complete. 19. Project Purpose (Describe the reason or purpose of the protect, see instructions) This project was initiated following storm damage that occurred during Hurricane Sandy in 2012, which severed NC 12 for over a month. The NC Governor declared a State of Emergency following this storm damage. The last several years have seen multiple NC 12 closures resulting from ocean storm over wash and storm surge. The increase in frequency and severity of road closures is having a significant negative impact on the citizens off- latteras Island livelihood's and well- being. This project will provide a 3 year short term level of protection against ocean storm events, which currently result in frequent closures of NC 12, within the S- Curves / Mirlo Beach area. The project will attempt to reestablish and provide a reasonable level of stability and reliability to NC 12, as a safe and reliable means of transportation. The project is designed as a protective temporary measure, allowing NCDOT time to continue planning and implementation of a long -term solution for NC 12 in this location. NCDOT currently expects a long -term solution to be ready for implementation within the next 3 -4 years. USE BLOCKS 20 -23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED 20 Reason(s) for Discharge The beach nourishment project will place fill along the upper and lower beach. This will include beach compatible sand being discharged below the Mean High Water Mark. In order to fulfill the projects design for a 3 year protective measure, sand must be placed below the Mean High Water line and allowed to adjust the shoreline seaward. This will widen the intertidal swash zone and upper beach creating a subtle gradient beach. The wider beach profile will absorb the ocean storm wave energy and storm surge, buffering the impact of storms to NC 12. This will lead to achieving NCDOT's purpose for the project, which is reestablishing a reasonable level of stability and reliability to NC 12, as a safe and reliable means of transportation. 12l Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards beach quality sand 1.7 million cubic yards 22 Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres approximately 64 acres of beach compatible sand will be placed below the mean high water mark or Linear Feet 11,250 feet 23. Description of Avoidance, Minimization, and Compensation (see instructions) NCDOT will take measures to minimize impacts during the dredging operation by adjusting the dredge passes to allow for quicker recovery times for the benthic community. The placement of sand on the beach will utilize berms to maximize sand settlement on the beach and minimize slurry runoff into the lower intertidal zone. NCDOT has coordinated with federal and state fisheries agencies for consultation on impact minimization. The project is monitoring the sand disposal area for potential Sea "Turtle nesting and will move new nest to safe areas. Coordination with State Historic Preservation Office has taken place. These efforts are described in the Alternative analysis. ENG FORM 4345, OCT 2012 rage z oT s 24 Is Any Portion of the Work Already Complete? ❑Yes XNo IF YES, DESCRIBE THE COMPLETED WORK 25 Addresses of Adjoining Property Owners, Lessees, Etc , Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list) a Address - see attachment City - State - Zip - b. Address - City - State - Zip - c. Address - City - State - Zip - d Address - City - State - Zip - e. Address - City - State - Zip - 26. List of Other Certificates or Approvals /Denials received from other Federal, State, or Local Agencies for Work Described in This Application AGENCY TYPE APPROVAL* IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER NC DCM Cama Major Permit 41 -13 2013 -03 -20 2013 -03 -28 USl7ws Special Use Permit 2013 -04 -16 NPS Special Use Permit 2013 -04 -15 Would include but is not restricted to zoning, building, and flood plain permits 27 Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. ,IQGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed 18 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. - ENG FORM 4345, OCT 2012 Page 3 of 3 van Emergency Beach Repair/Nourishment Project S-Curves Mirlo Beach - Dare County Cet M4, V JJ..d A Beg C: - - in Latitude 35.6289 V7 Longitude - 75.469 Q"'- ' ". I "A *shoreline is approximately 300ft. from NC 12 A R=d W 1 1. V 1, 1 F F, ft E F J5 Z �E 4,4; 4. AW9 P Emergency Beach Nourishment Project Area 11,250 feet long (2.13 miles) 1.7 million cubic yards End Latitude 35.5974 Longitude— 75.4626 *shoreline is approximately 300ft. from NC 12 0 0.5 1 2 Miles Emergency Beach Repair/Nourishment Project S-Curves / Mirlo Beach - Dare County 4 0 1 2 4 Miles I I I I I I I I I Project Location - - -- — — — — — — — — — — — - -- — — — — — — — — — — — — — — — — — — — — — — - 75 20' --- - - 25 * JOINS CHART 12204 30' 55 S 82 S 49 1 cl� rnfro Vwnal 7 UWW'2 19 49 42- % "Y Fl R 4s 15.4ft 4M '18' 2 31 4 31 (Borvow SVd y Areg Rc+ the • A. 48 t 19" rishng �if A 37 S 64 4 3 4211, pe 80 47 60 4 34 P1 , 31 72 67 !)3 i 11 a9 2 34 23 43 1 3 56' 64 h 2' 1CF10 TKYVYER 26 , -,, - 1 37 38 87 V 66 1 al II 3 WaVL,s 40 .? 1. Groot 1 9 24 42 29 54 5b 92 22 34 ' 27 54 .2 80 86 48 ,;22.,' 27_/ (20 ,,42 48 1 1 �21 4' 38 IRQ 44R " h 11 2 ' 41 , 'A2 A2 60 MkGNUK; I)ISTURBI 1 h 28, / ; is-ce 66 2 29 30 5,1 38 66 21 27 49/ No A&C S 26, S G Sh. 69 2' 24 32 CIO 2 1 11 42 •14 1,4 68 No AUCt. 66 58 26 3:3- 48 1 50 69 -- — — — — — — — — — — — 1 .0 66 72 .......... 49 63, 3 1 76 40 59 & 74 64 2 1 1313 59 '91 55 66 E7 64 -A 0 1 2 4 Miles I I I I I I I I I � J � � _ _,l �_ ..� j _ Willis, Thomas C Front: Furr, Mary Pope Sent: Tuesday, April 02, 2013 2:54 PM To: Clarence.Coleman @dot.gov; biddlecome, bill; McLendon, Scott C Cc: Willis, Thomas Q Barbour, Victor Subject: FW: NC DOT's Emergency Beach Renourishment Request, south end of Pea Island NWR From: John Eddins [mailto:jeddins @achp.gov] Sent: Tuesday, April 02, 2013 2:00 PM To: Carol Legard; Kanaski, Richard; Gledhill - earley, Renee; MaryAnn.Naber @dot.gov Cc: Mike Bryant; Gary Jordan; Pete Benjamin; Pete Jerome; Susan Cielinski; David Viker; Barclay Trimble; Doug_Stover @nps.gov; Furr, Mary Pope Subject: RE: NC DOTS Emergency Beach Renourishment Request, south end of Pea Island NWR Ali, AC1 [P. acknowledging SHPO's observations, also finds the proposal reasonable. John John 1'. Eddins. 11h 1). Pra ,ram Analyst /Aichacolotpst WPicts of i ederal Awl nicy Programs AdN isory Council on Historic Preservation 1 100 Pcnnsylvanrt AVenue. N N', Suite sO,, Washington. 1) C 'OM4 tel 202 -006 -355_, 1'a\ 202 -606 -5072 icddincir:achP.Eo� w-11 w.ach U,COv Frown: Gledhill - earley, Renee [mailto: ranee c�ledhill- ear�@ncdcr.go_v] Sent: Tuesday, April 02, 2013 1:07 PM To: Kanaski, Richard; Carol Legard; MaryAnn.Naber @dot.gov Cc: Mike Bryant; Gary Jordan; Pete Benjamin; Pete Jerome; Susan Cielinski; David Viker; Barclay Trimble; Doug StoverCa)nps.ctov; Mary Pope Furr Subject: RE: NC DOTS Emergency Beach Renourishment Request, south end of Pea Island NWR We are good with the proposal. There is nothing that will be adversely affected at this spot. Given its dynamic nature there is no likelihood of archaeological resources and sandbags and other such measures have been used here over time to protect the road Effects on the Pea Island Wildlife Refuge, which is an eligible property will be temporary. Renee Gledhill - Earley Renee Gledhill - Earley Environmental Review Coordinator NC State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699 -4617 Phone: 919-807-6579 Fax: 919-807-6599 http: / /vvww.hk)o dcr.state.nc.us Special Notice: To expedite review of your project, you may wish to follow the directions found at http:,.' v\ +-w.hpp_ncdcr.Lyov/.erier email submittal.litm_I for submitting requests via email. *This message does not necessarily represent the policy of the Department of Cultural Resources. E -Mail to and from me, in connection with the transaction of public business, is subject to the North Carolina Public Records Law (N.C.G.S. 132) and may be disclosed to third parties.* Front: Kanaski, Richard [�liailto:richard kanaski a`fWS.gov] Sent: Wednesday, March 27, 2013 10:48 AM To: Gledhill - earley, Renee; Carol Legard; MaryAnn.Naber @doLgov_ Cc: Mike Bryant; Gary Jordan; Pete Benjamin; Pete Jerome; Susan Cielinski; David Viker; Barclay Trimble; Doug Stover @nps.gov; Furr, Mary Pope Subject: NC DOT's Emergency Beach Renourishment Request, south end of Pea Island NWR Renee, Carol, and Mary Ann: attached is an advance copy of the FWS's letter regarding Governor McCory's recent declaration of emergency following a spate of storm events and associated overwash and flooding that threaten NC 12, specifically the S- Curves on the south end of Pea Island National Wildlife Refuge. NC DOT, as a temporary emergency measure, proposes to renourish between 7 -8000 linear feet of the beach using dredge spoil from one of the nearby COE spoil areas. Note that undertaking is an emergency action that occurs outside of the NC 12 corridor. The temporary emergency measure will give NC DOT and FHWA more time to complete the planning for Phase IIB of their NC 12 Transportation Management Plan, as well as ensure that vehicular access for residents and visitors is safely maintained. The Refuge is expediting the issuance of a Special Use Permit (SUP) to NC DOT using authorities listed in the NWRS Improvement Act, the Refuge Administration Act, 50 CFR 25.21(c), and FWS Manual 603 FW2.IOC: Emergencies. The SUP's stipulations will be similar to those required of the COE for previous dredge disposal activities on the Refuge over the past 15 or more years. Mike Bryant, the Refuge's Project Leader, has transmitted in writing to Mr. Thorpe at NC DOT a draft copy of the SUP's conditions. These conditions may change as more details regarding the project are provided by NC DOT and COE. Pursuant to 36 CFR 800.12(2), we are requesting your review and comment within seven days of receipt of our letter. A similar letter has been sent to the Tuscarora Nation seeking their review and comment; copies were sent to Carol [ACHP]; Mary Ann [FhWA]; Thorpe [NC DOT]; and Superintendent Trimble [Cape Hatteras National Seashores]. Please do not hesitate to contact me if you have any questions or wish to discuss further. Thank you. Rick Richard S. Kanaski, Regional Historic Preservation Officer & Regional Archaeologist U.S. Fish and Wildlife Service, Southeast Region (843) 784 -6310 [Office] (912) 257 -5434 [Cell] richard kanaskl(5bfws.Qoy 2 Declaration of Emergency by Governor DECLARATION OF A STATE OF EMERGENCY BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA WHEREAS, NC Highway 12 serves as the main lifeline for the communities on Hatteras and Ocracoke Islands, connecting them to each other and the mainland of North Carolina. Island residents depend on the roadway for off -island community services, such as hospitals, emergency response and other services. NC Highway 12 is also the primary evacuation route for all permanent and temporary residents on the islands when severe weather is approaching; and WHEREAS, NC Highway 12 has been frequently blocked between the temporary bridge on Pea Island to the Village of Rodanthe as a result of flooding and overwash due to Hurricane Sandy, weather events and tidal fluctuations in the last year, including one as recent as this month; and WHEREAS, as a result of Hurricane Sandy, Governor Beverly Perdue, issued Executive Order 129 declaring a state of emergency for portions of North Carolina including Dare and Hyde counties on October 26, 2012; and WHEREAS, as a result of the continued overwash and flooding since Hurricane Sandy onto the highway, public safety and transportation infrastructure remains vulnerable between the temporary bridge on Pea Island to the Village of Rodanthe; and WHEREAS, the State has requested aid from the Federal Highway Administration and the US Army Corps of Engineers, as a result of Hurricane Sandy; and WHEREAS, the immediate repair and reconstruction of the damaged highway and surrounding transportation infrastructure is vital to the security, well- being, and health of the citizens of the State of North Carolina; and WHEREAS, care must also be taken to protect the environmentally sensitive areas of the Pea Island National Wildlife Refuge and other protected federal lands; and WHEREAS, I ask the federal agencies responsible for the maintenance and caretaking of those areas, to work with the State of North Carolina in developing both a short-term and long -term solution to resolve the continued problems at this and other portions of NC Highway 12. NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution of the State of North Carolina and N.C.G.S. § 166A- 19.20, IT IS ORDERED: Section 1. I hereby declare that a state of emergency as defined in N.C.G.S. §§ 166A- 19.3(6) and 166A- 19.3(1 S) exists in the State of North Carolina as a result of the continued overwash to portions of NC Highway 12 which causes a continued threat to public safety and transportation infrastructure between the northern end of the temporary bridge on Pea Island to a point 3,250 feet south of SR 1495 (Corbina Drive) in the Village of Rodanthe. Section 2. The emergency area as defined in N.C.G.S. §§ 166A- 19.3(7) and N.C.G.S. 166A- 19.20(b) includes the following: NC Highway 12 between the northern end of the temporary bridge on Pea Island to a point 3,250 feet south of SR 1495 (Corbina Drive) in the Village of Rodanthe. Section 3. I order all state and local government entities and agencies to cooperate in the implementation of the provisions of this declaration and the provisions of the North Carolina Emergency Operations Plan. Section 4. I delegate to Kieran J. Shanahan, the Secretary of the Department Public Safety, or his designee, all power and authority granted to me and required of me by Article I of Chapter 166A of the General Statutes for the purpose of implementing the State's Emergency Operations Plan and deploying the State Emergency Response Team to take the appropriate actions as is necessary to promote and secure the safety and protection of the populace in North Carolina. Section 5. Further, Secretary Shanahan, as chief coordinating officer for the State of North Carolina, shall exercise the powers prescribed in G. S.§ 14313-602. Section 6. I further direct Secretary Shanahan or his designee, to seek assistance from any and all agencies of the United States Government as may be needed to meet the emergency and seek reimbursement for costs incurred by the State in responding to this emergency. Section 7. I hereby order this declaration: (a) to be distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (b) unless the circumstances of the state of emergency prevent or impede, to be promptly filed with the Secretary of the Department of Public Safety. the Secretary of State, and the clerks of superior court in the counties to which it-applies; and (c) to be distributed to others as necessary to assure proper implementation of this declaration. Section S. This declaration does not prohibit or restrict lawfully possessed firearms or ammunition or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages as provided in N.C.G.S. § 166A- 19.30(c). Section 9. Pursuant to N.C.G.S. § 166A- 19.23, this declaration triggers the prohibition against excessive pricing as provided in N.C.G.S. § 75 -37 and 75 -35 in the declared emergency area. Section 10. This declaration is effective Tuesday. March 19, 2013 and shall remain in effect until rescinded. IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this nineteenth day of March in the year of our Lord two thousand and thirteen, and of the Independence of the United States of America the two hundred and thirty- seventh. i Governor f Pat McCrory A T: —• 1�� S cretary of State Elaine Marshall EXECUTIVE ORDER 129 (DECLARATION OF A STATE OF EMERGENCY BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA Pursuant to the authority vested in me as Governor by the Constitution of the State of North Carolina and N.C.G.S. §166A- 19.20: Section I. I hereby declare that a state of emergency as defined in N.C.G.S. §§ 166A- 19.3(6) and 166A- 19.3(18) exists in the State of North Carolina. The emergency area as defined in N.C.G.S. §§ 166A- 19.3(7) and N.C.G.S. 166A- 19.20(b) includes the following counties: Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates, Greene, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Washington, Wayne. Section 2. I order all state and local government entities and agencies to cooperate in the implementation of the provisions of this declaration and the provisions of the North Carolina Emergency Operations Plan. Section 3. I delegate to Reuben F. Young, the Secretary of the Department Public Safety, or his designee, all power and authority granted to me and required of me by Article I of Chapter 166A of the General Statutes for the purpose of implementing the State's Emergency Operations Plan and deploying the State Emergency Response Team to take the appropriate actions as are necessary to promote and secure the safety and protection of the populace in North Carolina. Section 4. Further, Secretary Young, as chief coordinating officer for the State of North Carolina, shall exercise the powers prescribed in G. S.§ 143B -602. Section S. 1 further direct Secretary Young, to seek assistance from any and all agencies of the United States Government as may be needed to meet the emergency and seek reimbursement for costs incurred by the State in responding to this emergency. Section 6. I hereby order this declaration: (a) to be distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (b) unless the circumstances of the state of emergency prevent or impede, to be promptly filed with the Secretary of the Department of Public Safety, the Secretary of State, and the clerks of superior court in the counties to which it applies; and (c) to be distributed to others as necessary to ensure proper implementation of this declaration. Section 7. This declaration does not prohibit or restrict lawfully possessed firearms or ammunition or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages as provided in N.C.G.S. § 166A- 19.30(c). Section 8. Pursuant to N.C.G.S. § 166A- 19.23, this declaration triggers the prohibition against excessive pricing as provided in N.C.G.S. § 75 -37 and 75 -38. Section 9. This declaration is effective Saturday, October 27, 2012 at 7:00 a.m. and shall remain in effect until rescinded. IN WITNESS WFIE 1d OF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this 26th day of October in the year of our Lord two thousand and twelve, and of the Independence of the United States of America the two hundred and thirty- seventh. ly Eaves Perdue Governor ATTEST: I�Q"•)AA Elaine F. Marshall ba �p ecretary of State 2 C O u O O L V ri7 1 A V 1 • j wia8 ll!j 4DID318 }aal o9z, L � suoilisueal buipnloul II!-A jo ul6ual 4 auanlon eaay MoaaoB pje,l o!qno 000`00L` L awnlon IU laa-d 000`Z 000' L 009 0 I ao +os oo +s� oo+s� s :I 1 1 1 1 t 1 11 111 �� 11 • 111• 111 111 11 111 � 11 i �w 111 NT 11 sluiod AananS I 1aaj 000`z 000' X009 0 M V E ,v y m em I i i i I 1 l � LA A+/ W Q J I c i0 4A i 0 E a co •0 r1 M N O O O O M $$aAVN:#uoi3eaa13 a c oa E w a V d I i i i I l � ! 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Wilmington District EXECUTIVE ORDER NO. 8: DECLARATION OF A STATE OF EMERGENCY Executive Order March 19, 2013 WHEREAS, NC Highway 12 serves as the main lifeline for the communities on Hatteras and Ocracoke Islands, connecting them to each other and the mainland of North Carolina. Island residents depend on the roadway for off - island community services, such as hospitals, emergency response and other services. NC Highway 12 is also the primary evacuation route for all permanent and temporary residents on the islands when severe weather is approaching; and WHEREAS, NC Highway 12 has been frequently blocked between the temporary bridge on Pea Island to the Village of Rodanthe as a result of flooding and overwash due to Hurricane Sandy, weather events and tidal fluctuations in the last year, including one as recent as this month; and WHEREAS, as a result of Hurricane Sandy, Governor Beverly Perdue, issued Executive Order 129 declaring a state of emergency for portions of North Carolina including Dare and Hyde counties on October 26, 2012; and WHEREAS, as a result of the continued overwash and flooding since Hurricane Sandy onto the highway, public safety and transportation infrastructure remains vulnerable between the temporary bridge on Pea Island to the Village of Rodanthe; and WHEREAS, the State has requested aid from the Federal Highway Administration and the US Army Corps of Engineers, as a result of Hurricane Sandy; and WHEREAS, the immediate repair and reconstruction of the damaged highway and surrounding transportation infrastructure is vital to the security, well- being, and health of the citizens of the State of North Carolina; and WHEREAS, care must also be taken to protect the environmentally sensitive areas of the Pea Island National Wildlife Refuge and other protected federal lands; and WHEREAS, I ask the federal agencies responsible for the maintenance and caretaking of those areas, to work with the State of North Carolina in developing both a short -term and long -term solution to resolve the continued problems at this and other portions of NC Highway 12. NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution of the State of North Carolina and N.C.G.S. §166A- 19.20, IT IS ORDERED: Section 1. I hereby declare that a state of emergency as defined in N.C.G.S. §§ 166A- 19.3(6) and 166A- 19.3(18) exists in the State of North Carolina as a result of the continued overwash to portions of NC Highway 12 which causes a continued threat to public safety and transportation infrastructure between the northern end of the temporary bridge on Pea Island to a point 3,250 feet south of SR 1495 (Corbina Drive) in the Village of Rodanthe. Section 2. The emergency area as defined in N.C.G.S. §§ 166A- 19.3(7) and N.C.G.S. 166A- 19.20(b) includes the following: NC Highway 12 between the northern end of the temporary bridge on Pea Island to a point 3,250 feet south of SR 1495 (Corbina Drive) in the Village of Rodanthe. Section 3. I order all state and local government entities and agencies to cooperate in the implementation of the provisions of this declaration and the provisions of the North Carolina Emergency Operations Plan. Section 4. I delegate to Kieran J. Shanahan, the Secretary of the Department Public Safety, or his designee, all power and authority granted to me and required of me by Article 1A of Chapter 166A of the General Statutes for the purpose of implementing the State's Emergency Operations Plan and deploying the State Emergency Response Team to take the appropriate actions as is necessary to promote and secure the safety and protection of the populace in North Carolina. Section 5. Further, Secretary Shanahan, as chief coordinating officer for the State of North Carolina, shall exercise the powers prescribed in G. S.§ 1436 -602. Section 6. I further direct Secretary Shanahan or his designee, to seek assistance from any and all agencies of the United States Government as may be needed to meet the emergency and seek reimbursement for costs incurred by the State in responding to this emergency. Section 7. I hereby order this declaration: (a) to be distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (b) unless the circumstances of the state of emergency prevent or impede, to be promptly filed with the Secretary of the Department of Public Safety, the Secretary of State, and the clerks of superior court in the counties to which it applies; and (c) to be distributed to others as necessary to assure proper implementation of this declaration. Section 8. This declaration does not prohibit or restrict lawfully possessed firearms or ammunition or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages as provided in N.C.G.S. § 166A- 19.30(c). Section 9. Pursuant to N.C.G.S. § 166A- 19.23, this declaration triggers the prohibition against excessive pricing as provided in N.C.G.S. § 75 -37 and 75 -38 in the declared emergency area. Section 10. This declaration is effective Tuesday, March 19, 2013 and shall remain in effect until rescinded. IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this nineteenth day of March in the year of our Lord two thousand and thirteen, and of the Independence of the United States of America the two hundred and thirty- seventh. Governor Pat McCrory ATTEST: Secretary of State Elaine Marshall dro���3e<� r ✓- ,s/) m�i� Y f 6/5 CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. State Project No. Federal Project No 13701.10280160 A. Project Description: (Include project scope and location and refer to the attached project location map.) NC 12, South Pea Island / Mirlo- Rodanthe Beach (2.2 mile section), DARE COUNTY - Emergency Beach Nourishment Project, resulting from Governor Pat McCrory Declaration of Emergency on March 1 9t 2013 B. Purpose and Need: The purpose of this project is to protect the only highway (NC12) providing a vital link to Hatteras Island residents and visitors. This will be attempted by placing 1.7 million cubic yards of beach quality sand on 2.2 miles of the beach face /intertidal zone, adjacent to the NC 12 roadway, at the southern end of Pea Island and Mirlo / Rodanthe Beach. This will create a short term (3 year) buffer from beach erosion and decrease the frequency of ocean overwash on the highway, which often results in severance of the roadway. NCDOT is continuing to develop a long term solution for NC 12 within this vulnerable area, which will be near the point of implementation at the end of this 3 year emergency sand placement's design life. C. Proposed Improvements: Circle one or more of the following Type II improvements which apply to the project: This is an Emergency Action, usually covered under Type I CE's (item # 9- Governor Declared Emergency), however due to potential environmental concerns and location of proposed work on the USFWS Refuge and NPS property, a Type II form was used. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes C. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b' Installing lights c. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and /or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at -grade railroad crossings. a. Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks C. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements d. Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. 5. Construction of new truck weigh stations or rest areas. 6. Approvals for disposal of excess right -of -way or for joint or limited use of right -of -way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. 11. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. D. Special Project Information: (Include Environmental Commitments and Permits Required.) The Emergency Beach Nourishment Project will require an emergency Major Permit from the Division of Coastal Management, Individual permit from the Corp of Engineers, Individual Water Quality Certification from Division of Water Quality, Special Use Permit from the U.S. Fish and Wildlife Service and National Park Service. NCDOT will work with the USACOE to design and implement this Emergency Beach Nourishment project. NCDOT will take feasible and prudent measures to conduct the emergency work in a manner that will reduce risk to the environment. Measures will be in place for monitoring of nesting sea turtles. The USFWS biologist will monitor the refuge property for protected shore bird activity. The USACOE biological staff is coordinating with National Marine Fisheries to avoid and minimize any potential impacts to offshore marine resources. The USACOE is coordinating with the State Historic Preservation Office to address any cultural and archaeological resources. This coordination will be documented and provided as need for permitting agencies. Only compatible beach sand will be used in the area of the proposed emergency beach nourishment site. The USACOE will conduct the necessary sand sampling and testing from the offshore borrow source. The testing results will be available to permitting agencies and the USFWS /NPS to verify the sand meets their beach disposal requirements. 3 E. Threshold Criteria The following evaluation of threshold criteria must be completed for Type II actions ECOLOGICAL YES NO (1) Will the project have a substantial impact on any project significantly affect the coastal zone and /or any unique or important natural resource? X (2) Does the project involve habitat where federally Does the project involve Coastal Barrier Resources Act listed endangered or threatened species may occur? X (3) Will the project affect anadromous fish? ❑ X Will a U. S. Coast Guard permit be required? ❑ X (4) If the project involves wetlands, is the amount of (13) Will the project result in the modification of any existing permanent and/or temporary wetland taking less than regulatory floodway? one -third (1/3) of an acre and have all practicable measures ❑ to avoid and minimize wetland takings been evaluated? (5) Will the project require the use of U. S. Forest Service lands? X (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? X (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? X PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and /or any "Area of Environmental Concern" (AEC)? X (11) Does the project involve Coastal Barrier Resources Act resources? * Pea Island is listed as a "otherwise protected X area" (12) Will a U. S. Coast Guard permit be required? ❑ X (13) Will the project result in the modification of any existing regulatory floodway? X 4 (14) Will the project require any stream relocations or channel changes? X SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO (15) Will the project induce substantial impacts to planned growth or land use for the area? X (16) Will the project require the relocation of any family or business? X (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or low- income population? X (18) if the project involves the acquisition of right of way, is the ❑ amount of right of way acquisition considered minor? (19) Will the project involve any changes in access control? ❑ X (20) Will the project substantially alter the usefulness and /or land use of adjacent property? X (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? X (22) Is the project included in an approved thoroughfare plan and/or Transportation Improvement Program (and is, ❑ therefore, in conformance with the Clean Air Act of 1990)? X (23) Is the project anticipated to cause an increase in traffic volumes? X (24) Will traffic be maintained during construction using existing ❑ roads, staged construction, or on -site detours? X (25) If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the existing facility) and will all construction proposed in association with the ❑ bridge replacement project be contained on the existing facility? (26) Is there substantial controversy on social, economic, or environmental grounds concerning the project? X (27) Is the project consistent with all Federal, State, and local laws ❑ relating to the environmental aspects of the project? X (28) Will the project have an "effect" on structures /properties eligible for or listed on the National Register of Historic Places? X 5 (29) Will the project affect any archaeological remains which are important to history or pre- history? X (30) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites, or historic bridges, as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966)? X (31) Will the project result in any conversion of assisted public recreation sites or facilities to non - recreation uses, as defined by Section 6(f) of the Land and Water Conservation Act of 1965, as amended? X (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the Natural System of Wild and Scenic Rivers? X F. Additional Documentation Required for Unfavorable Responses in Part E (Discussion regarding all unfavorable responses in Part E should be provided below. Additional supporting documentation may be attached, as necessary.) Item (2) - The Emergency Beach Nourishment project will involve habitat where federally listed endangered or threatened species may occur. NCDOT will monitor the project area for any Sea turtle nest activity beginning May 1st. This will be done continuously along the project area, until the project is complete. The USACOE will coordinate with the NMFS to address any potential marine resource impacts. Measures will be created through consultation with resource agencies to avoid and minimize any potential impact to protected species and habitats. Those measures will be implemented as defined and required in consultations and permits. This project will occur outside of the nesting season for protected shore birds. Item (10) - This project is within a CAMA county and an Ocean Hazard Area of Environmental Concern. The emergency beach nourishment project will temporarily affect the beach face and near shore intertidal zone, by the placement of approximately 1.7 million cubic yards of sand along the project area. This will nourish the beach, providing critical buffer during storm events. The increase beach width will buffer storm surges and reduce ocean over wash onto NC 12. This project will go through the CAMA Major Permit Process. All Division of Coastal Management concerns will be addressed prior to the project taking place. Item (11) - This property is listed under the Coastal Barrier Resource Act as being "otherwise protected areas ". The Emergency Beach Nourishment project will have no effect on the status of the listing with the Coastal Barrier 0 Resource Act. Item (30) - This project will temporarily impact the USFWS Pea Island refuge and National Park Service Beach intertidal/ fore beach area, within the 2.2 mile project area. The NCDOT will acquire a special use permit from the USFWS and NPS for the proposed emergency beach nourishment project. There will be no permanent impact to the federal property or placement of structures that would result in a use of the federal property. Sand placed on the beach will be compatible with the native beach sand. 7 G. CE Approval TIP Project No. State Project No. Federal -Aid Project No 11701.1028012 7101999 Project Description: (Include project scope and location. Attach location map.) NC 12, South Pea Island / Mirlo- Rodanthe Beach (2.2 mile section), DARE COUNTY - Emergency Beach Nourishment Project, resulting from Governor Pat McCrory Declaration of Emergency on March 19th, 2013 Categorical Exclusion Action Classification: (Check one) TYPE II(A) X TYPE II(B) Approved: Date (Environmental Supervisor) Date Division Engineer For Type II(B) projects only: Date Division Administrator Federal Highway Administration 8