HomeMy WebLinkAbout20170508 Ver 1_NPS SUP Nourishment Approved 2017_20180329NPS Form 10-114 (Rev. O1/2017)
National Park Service
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SPECIAL USE PERMIT
Outer Banks Group:
Cape Hatteras NS, Fort Raleigh NHS, & Wright Brothers NMEM
1401 National Park Drive
Manteo, NC 27954
(252) 475-9000 caha_special_use_permits@nps.gov
Name
Catherine Peele
Company/Organization
NC Department of Transportation — Ferry Division
Street Address
159 Lucinda Point
City State Zip Code Country
Powells Point NC 27966
Telephone Number Cell Phone Number
252-497-2635 252-305-7288
Fax Number
Email Address
cdpeele@ncdot.gov
Park Alpha Code
CAHA
Type of Use
Permit #
5700-028
is hereby authorized to use the following described land or facilities on the Cape Hatteras National Seashore including the Southdock Ferry
Terminal Basin, State ferry channel and the Northern terminus beach of Ocracoke Island including the area surrounding the terminal
stacking lanes, all as setout and designated in materials and drawing provided to the park for this project
The permit begins at 8:00 � am /❑ pm on 8/15/17. The permit expires at 6:00 ❑ am I� pm on 8/14/22.
SUMMARY OF PERMITTED ACTIVITY: NCDOT Ferry division is authorized to expand of the current spoil site by .76 acres and to enlarge the
existing channel 150' wide and 12' deep MLW by and 75' in width in order to reduce the frequency of dredging operation, continue the use
and maintenance of the exist spoil pile and to renourish, as needed, the north terminus of the island as needed to protect the automobile
stacking lines. Up to 20,000 cubic yards of dredge material, 3000 cubic yards above the normal high water mark and 16,000 cubic yards
below the high water mark extending the beach out by 100' is authorized, all in accordance with the documents and materials submitted by
the permittee in support of its request for the issuance of this permit.
Person on site responsible for adherence to the terms and conditions of the permit (include contact information)
As named above
Authorizing legislation or other authority: 36 CFR Chptr 1, Part 1.6 & 2.50
APPLICATION FEE
PERFORMANCE BOND
LIABILITY INSURANCE
COST RECOVERY
LOCATION FEE
❑ Recei.ved
� Not Required
❑ Required
� Not Required
� Required
❑ Required
� Not Required
❑ Required
� Not Required
Amount
$
Amount
$
Amount
$1, 000, 000
ACORD
Amount
$
Amount
$
NPS Form 10-114 (Rev. O1/2017)
National Park Service
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" ' SPECIAL USE PERMIT
Outer Banks Group:
Cape Hatteras NS, Fort Raleigh NHS, & Wright Brothers NMEM
1401 National Park Drive
Manteo, NC 27954
(252) 475-9000 caha_special_use_permits@nps.gov
ISSUANCE of this permit is subject to the attached conditions. The undereigned hereby accept:, thi:, permit :,ubject to the terms, covenents,
obligations, and reservations, expressed or implied herein.
Title: Date:
PERiN1TTEE SPgnature
�•,� .•f• .�I t iJ'� Title: Deputy Superintendent Date����1 ��
Authorixing' P5 Q�foial �J �
CONDITIONS OF THIS PERMIT
FailurP to comply with any of the terms and conditions of this permit may result in the immediate suspension or revocation of the permit. [36 CFR 1.6(h)]
1. The permittee is prohibited from giving false information; to do so will be considered a breach of conditions and be
grounds for revocation: [36 CFR 2.32(a) (3)].
2. This permit may not be transferred or assigned without the prior written consent of the Superintendent.
3. The permittee shall exercise this privilege subject to the supervision of the Superintendent or designee, and shall
comply with all applicable Federal, State, county and municipal laws, ordinances, regulations, codes, and the terms
and conditions of this permit. Failure to do so may result in the immediate suspension of the permitted activity or the
revocation of the permit. All costs associated with clean up or damage repairs in conjunction with a revoked permit will be
the responsibility of the permittee.
4. The permittee is responsible for making all necessary contacts and arrangements with other Federal, State, and local
agencies to secure required inspections, permits, licenses, etc.
5. The park area associated with this permit will remain open and available to the public during park visiting hours. This
permit does not guarantee exclusive use of an area. Permit activities will not unduly interFere with other park visitors'
use and enjoyment of the area.
6. This permit may be revoked at the discretion of the Superintendent upon 24 hours notice.
7. This permit may be revoked without notice if damage to resources or facilities occurs or is threatened, notwithstanding
any other term or condition of the permit to the contrary.
8. This permit is made upon the express condition that the United States, its agents and employees shall be free from all
liabilities and claims for damages and/or suits for or by reason of any injury, injuries, or death to any person or
persons or property of any kind whatsoever, whether to the person or property of the Permittee, its agents or
employees, or third parties, from any cause or causes whatsoever while in or upon said premises or any part thereof
during the term of this permit or occasioned by any occupancy or use of said premises or any activity carried on by
the Permittee in connection herewith, and .the Permittee hereby covenants and agrees to indemnify, defend, save and
hold harmless the United States, its agents, and employees from all liabilities, charges, expenses and costs on
account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages
growing out of the same.
9. Permittee agrees that it shall be liable for its actions and actions of its officers, employees, involuntary servant or agent of
the State to the extent alfowable under the North Carolina Tort Claims Act. Permittee also agrees to require its
contractors, subcontractors and agents to carry general liability insurance against claims occasioned by the action or
omissions of its contractors, subcontractors, agents and employees in carrying out the activities and operations
authorized by this permit. The policy shall be in the amount(s) as specified on page 1 of this permit and underwritten by a
United States company naming the United States of America as additionally insured. The permittee agrees to provide
NPS Form ]0-114 (Rev. Ol/2017)
Na[ional Park Service
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- ` �" ' SPECIAL USE PERMIT
Outer Banks Group:
Cape Hatteras NS, Fort Raleigh NHS, & Wright Brothers NMEM
1401 National Park Drive
Manteo, NC 27954
(252) 475-9000 caha_special_use_permits@nps.gov
the Superintendent with such Certificate of Insurance with the proper endorsements prior to the commencement of an
activity under this permit. '
10. Permittee agrees to deposit with the park a bond in the amount of $ N/A from an authorized bonding company or
in the form of cash or cash equivalent, to guarantee that all financial obligations to the park will be met.
11. Costs incurred by the park as a result of accepting and processing the application and managing and monitoring the
permitted activity will be reimbursed by the permittee. Administrative costs and estimated costs for activities on site
must be paid when the permit is approved. If any additional costs are incurred by the park, the permittee will be billed
at the conclusion of the permit. Should the estimated costs paid exceed the actual costs incurred; the difference will
be returned to the permittee.
12. The person(s) named on the permit as in charge of the permitted activity on-site must have full authority to make any
decisions about the activity and must remain available at all times. He/she shall be responsible for all individuals,
groups, vendors, etc. involved with the permit
13. Nothing herein contained shall be construed as binding the Service to expend in any one fiscal year any sum in
excess of appropriations made by Congress or administratively allocated for the purpose of this permit for the fiscal
year, or to involve the Service in any contract or other obligation for the further expenditure of money in excess of
such appropriations or allocations.
14. If any provision of this permit shall be found to be invalid or unenforceable, the remainder of this permit shall not be
affected and the other provisions of this permit shall be valid and be enforced to the fullest extent permitted by law.
15. In the event of an emergency, dial 911. In the event of an incident that does not require emergency assistance,
dial 252�L73-3444.
16. As part of planning for this project, the permittee provided an Environmental Assessment of the project from which
the park was able to determine that the projects proposed construction activities will not have a significant effect
on the human environment in accordance with Section 102(2) (C) of NEPA and that impacts to natural and
cultural resources within the project area will either have no, or minimal adverse impacts from project actions.
17. The permittee's primary contracts for these projects while on site shall be the park's designated Point of Contract
(POC) District Ranger Ed Fuller (252-475-8313). The permittee shall provide the park's POC with the project
schedule as soon as it is known and provide periodic updates of project work. The park public information officer
will be notified by park POC as soon as possible in advance of scheduled work and/or when start date has been
established so that a news release may be provided to the public.
GENERAL CONDITIONS
18. The permittee must coordinate with the NPS and resource agencies, USFWS and North Carolina Water Resource
Commission, if active nests from T& E species or state species of concerns are found within the project area.
19. The site shall be inspected for T&E and state species of concern immediately prior to sand placement on the
north end of Ocracoke by the District Biological Science Technician (Jocelyn Wright 252-305-1045) to ensure no
nesting species are present prior to project commencing. Permittee must notify the local District Biological
Science Technician at a minimum of two weeks of project start to ensure that schedules can be accommodated. If
T&E species are present on the north end of Ocracoke then dredge material must be placed on the spoil site, and
only if nesting species are not present within the spoil site.
20. All work will be done in accordance with the approved guidelines and permits established by the National Park
Service (NPS), Army Corp of Engineers (ACOE), the Division of Coastal Management (DCM) and any other
regulatory agencies notified of the project. To prevent detrimental effects on protected shoreline resources this
NPS Form 10-114 (Rev. 01/2017)
National Park Service
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i��� fti'��
' ' SPECIAL USE PERMIT
Outer Banks Group:
Cape Hatteras NS, Fort Raleigh NHS, & Wright Brothers NMEM
1401 National Park Drive
Manteo, NC 27954
(252) 475-9000 caha_special_use_permits@nps.gov
work will be done in a timely manner and scheduled in coordination with all appropriate regulatory agencies.
21. NCDOT shall submit a safety plan to be approved by the Park Safety Officer (stacey siqler(a�nps.gov) prior to
commencement of work. Safety plan shall demonstrate compliance with OSHA and other applicable safety laws_
It shall include an emergency safety plan and shall list points of project contact.
22. Equipment on beach would be moved to a safe location within the vicinity of the project area upon a weather
forecast of high wave and water conditions.
23. The permittee would not leave vehicles idling for excessive periods when parked or not in use within the project
area.
24. Permittee must forward all other agency permits related to the undertaking of the project to the park's compliance
office for inclusion to the projects administrative record.
SOILS & VEGETATION
25. Equipment mobilization and use would be via designated beach access areas (as agreed to by the NPS) to avoid
impacts to vegetated areas.
26. Appropriate measures would be employed to prevent or control spifls of fuels, lubricants, or other containments
from entering waterways or other sensitive areas. Actions would be consistent with state water quality standards
and the Clean Water Act Section 401 certificate requirements. A hazardous spill plan would be approved by the
National Park Service and appropriate resource agencies prior to construction. The plan would state what actions
would be taken in the case of a spill, notification measures, and prevention measures to be implemented, such as
the placement of refueling facilities, storage and handling of hazardous materials.
27. All oil and hazardous material spills within NPS boundaries must be reported to the Emergency Incident
Coordination Center (EICC) 1800-732-0911.
28. The expansion of the Southdock spoil site by .76 acres on the south side is authorized. Berms would need to be
constructed around the edges to ensure the spoil material does not erode into wetland areas.
29. Placement of sand must be spread and contoured within the existing beach area. No piling of sand is authorized
within the north terminus area.
ACHEOLOGICAL RESOSURCES
30. Although there is no surface evidence of archeological resources, clearance to proceed is recommended with the
condition that if concealed archeological resources are encountered during project activities, work must
immediately stop, contact with the district ranger must be made, all necessary steps will be taken to protect the
archeological resources and the Park Cultural Resources Manager will be notified immediately.
31. Any discovered cultural resources must be turned over to the park immediately upon discovery.
VISITORS USES AND EXPERIENCES
32. Tlie perrr�ittee will rnaintain appropriate safety barrier at the work area when conducting renourishment activities.
Signs, flagging or fencing may be used to keep the public a safe distance from the work area. It is the
responsibility of the permittee to install and remove signs, flagging or fencing.
NPS Form 10-114 (Rev. O1/2017)
National Park Service
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SPECIAL USE PERMIT
Outer Banks Group:
Cape Hatteras NS, Fort Raleigh NHS, & Wright Brothers NMEM
1401 National Park Drive
Manteo, NC 27954
(252) 475-9000 caha_special_use_permits@nps.gov
33. Permittee will expeditiously repair any damage to the park's physical resources caused by or occurring during
project activities to the entire satisfaction of the park's Superintendent.
Superintendent may revoke the permit and/or stop the construction project should any of the permit conditions
be violated.
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NPS Form 10-114 (Rev. Ol/2017)
National Park Service
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SPECIAL USE PERMIT
Outer Banks Group:
Cape Hatteras NS, Fort Raleigh NHS, & Wright Brothers NMEM
1401 National Park Drive
Manteo, NC 27954
(252) 475-9000 caha_special_use_permits@nps.gov
Name
Catherine Peele
CompanylOrganization
NC Department of Transportation — Ferry Division
Street Address
159 Lucinda Point
City State Zip Code Country
Powells Point NC 27966
Telephone Number Cell Phone Number
252-491-2635 252-305-7288
Fax Number
Email Address
cdpeele@ncdot.gov
Park Alpha Code
CAHA
Type of Use
Permit #
5700-028
is hereby authorized to use the following described land or facilities on the Cape Hatteres National Seashore including the Southdock Ferry
Terminal Basin, State ferry channel and the Northern terminus beach of Ocracoke Island including the area surrounding the terminal
stacking lanes, all as setout and designated in materials and drawing provided to the park for this project
The permit begins at 8:00 � am /❑ pm on 8/15/17. The permit expires at 6:00 ❑ am /� pm on 8/14/22.
SUMMARY OF PERMITTED ACTIVITY: NCDOT Ferry division is authorized to expand of the current spoil site by .76 acres and to enlarge the
existing channel 150' wide and 12' deep MLW by and 75' in width in order to reduce the frequency of dredging operation, continue the use
and maintenance of the exist spoil pile and to renourish, as needed, the north terminus of the island as needed to protect the automobile
stacking lines. Up to 20,000 cubic yards of dredge material, 3000 cubic yards above the normal high water mark and 16,000 cubic yards
below the high water mark extending the beach out by 100' is authorized, all in accordance with the documents and materials submitted by
the permittee in support of its request for the issuance of this permit.
Person o'n site responsible for adherence to the terms and conditions of the permit (include contact information)
As named above
Authorizing legislation or other authority: 36 CFR Chptr 1, Part 1.6 & 2.50
APPLICATION FEE
PERFORMANCE BOND
LIABILITY INSURANCE
COST RECOVERY
LOCATION FEE
❑ Received
� Not Required
❑ Required
� Not Required
� Required
❑ Required
� Not Required
❑ Required
� Not Required
Amount
$
Amount
$
Amount
$1,000,000
ACORD
Amount
Amount
NPS Form 10-114 (Rev. O1/2017)
National Park Service
e
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� � �''' SPECIAL USE PERMIT
Outer Banks Group:
Cape Hatteras NS, Fort Raleigh NHS, & Wright Brothers NMEM
1401 National Park Drive
Manteo, NC 27954
(252) 475-9000 caha_special_use_permits@nps.gov
ISSUANCE uf lliis peiiiiil is subjecl tu llie attached cnnditions. The undersigned hereby accepts thls permlt subJect to the terms, covenants,
obligations, and reservations, expressed or implied herein.
Title: Date:
PERMITTEE Signature
_ ��r��l !!1 ��.L��� —• Title: Deputy Superintendent Date: ��/ a�0�/7
flutharizing NPS �f�cial
CONDITIONS OF THIS PERMIT
Failure to comply wlth any of the terms and wnditions of this permit may result in the immediate suspension or revocation of the permit. [36 CFR 1.6(h)]
1. The permittee is prohibited from giving false information; to do so will be considered a breach of conditions and be
grounds for revocation: [36 CFR 2.32(a) (3)].
2. This permit may not be transferred or assigned without the prior written consent of the Superintendent.
3. The permittee shall exercise this privilege subject to the supervision of the Superintendent or designee, and shall
comply with all applicable Federal, State, county and municipal laws, ordinances, regulations, codes, and the terms
and conditions of this permit. Failure to do so may result in the immediate suspension of the permitted activity or the
revocation of the permit. All costs associated with clean up or damage repairs in conjunction with a revoked permit will be
the responsibility of the permittee.
4. The permittee is responsible for making all necessary contacts and arrangements with other Federal, State, and local
agencies to secure required inspections, permits, licenses, etc.
5. The park area associated with this permit will remain open and available to the public during park visiting hours. This
permit does not guarantee exclusive use of an area. Permit activities will not unduly interfere with other park visitors'
use and enjoyment of the area.
6. This permit may be revoked at the discretion of the Superintendent upon 24 hours notice.
7. This permit may be revoked without notice if damage to resources or facilities occurs or is threatened, notwithstanding
any other term or condition of the permit to the contrary.
8. This permit is made upon the express condition that the United States, its agents and employees shall be free from all
liabilities and claims for damages and/or suits for or by reason of any injury, injuries, or death to any person or
persons or property of any kind whatsoever, whether to the person or property of the Permittee, its agents or
employees, or third parties, from any cause or causes whatsoever while in or upon said premises or any part thereof
during the term of this permit or occasioned by any occupancy or use of said premises or any activity carried on by
the Permittee in connection herewith, and the Permittee hereby covenants and agrees to indemnify, defend, save and
hold harmless the United States, its agents, and employees from all liabilities, charges, expenses and costs on
account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages
growing out of the same.
9. Permittee agrees that it shall be liable for its actions and actions of its officers, employees, involuntary servant or agent of
the State to the extent allowable under the North Carolina Tort Claims Act. Permittee also agrees to require its
contractors, subcontractors and agents to carry general liability insurance against claims occasioned by the action or
omissions of its contractors, subcontractors, agents and employees in carrying out the activities and operations
authorized by this permit. The policy shall be in the amount(s) as specified on page 1 of this permit and underwritten by a
United States company naming the United States of America as additionally insured. The permittee agrees to provide
NPS Form 10-114 (Rev. Ol/2017)
National Park Service
__ __ �y H f
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ni � • *���•.
4^
y.��'
'' � � •°`° SPECIAL USE PERMIT
Outer Banks Group:
Cape Hatteras NS, Fort Raleigh NHS, & Wright Brothers NMEM
1401 National Park Drive
Manteo, NC 27954
(252) 475-9000 caha_special_use_permits@nps.gov
the Superintendent with such Certificate of Insurance with the proper endorsements prior to the commencement of an
activity under this permit.
10. Permittee agrees to deposit with the park a bond in the amount of $ N/A from an authorized bonding company or
in the form of cash or cash equivalent, to guarantee that all financial obligations to the park will be met.
11. Costs incurred by the park as a result of accepting and processing the application and managing and monitoring the
permitted activity will be reimbursed by the permittee. Administrative costs and estimated costs for activities on site
must be paid when the permit is approved. If any additional costs are incurred by the park, the permittee will be billed
at the conclusion of the permit. Should the estimated costs paid exceed the actual costs incurred; the difference will
be returned to the permittee.
12. The person(s) named on the permit as in charge of the permitted activity on-site must have full authority to make any
decisions about the activity and must remain available at all times. He/she shall be responsible for all individuals,
groups, vendors, etc. involved with the permit
13. Nothing herein contained shall be construed as binding the Service to expend in any one fiscal year any sum in
excess of appropriations made by Congress or administratively allocated for the purpose of this permit for the fiscal
year, or to involve the Service in any contract or other obligation for the further expenditure of money in excess of
such appropriations or allocations.
14. If any provision of this permit shall be found to be invalid or unenforceable, the remainder of this permit shall not be
affected and the other provisions of this permit shall be valid and be enforced to the fullest extent permitted by law.
15. In the event of an emergency, dial 911. In the event of an incident that does not require emergency assistance,
dial 252-473-3444.
16. As part of planning for this project, the permittee provided an Environmental Assessment of the project from which
the park was able to determine that the projects proposed construction activities will not have a significant effect
on the human environment in accordance with Section 102(2) (C) of NEPA and that impacts to natural and
cultural resources within the project area will either have no, or minimal adverse impacts from project actions.
17. The permittee's primary contracts for these projects while on site shall be the park's designated Point of Contract
(POC) District Ranger Ed Fuller (252-475-8313). The permittee shall provide the park's POC with the project
schedule as soon as it is known and provide periodic updates of project work. The park public information officer
will be notified by park POC as soon as possible in advance of scheduled work and/or when start date has been
established so that a news release may be provided to the public.
GENERAL CONDITIONS
18. The permittee must coordinate with the NPS and resource agencies, USFWS and North Carolina Water Resource
Commission, if active nests from T& E species or state species of concerns are found within the project area.
19. The site shall be inspected for T&E and state species of concern immediately prior to sand placement on the
north end of Ocracoke by the District Biological Science Technician (Jocelyn Wright 252-305-1045) to ensure no
nesting species are present prior to project commencing. Permittee must notify the local District Biological
Science Technician at a minimum of two weeks of project start to ensure that schedules can be accommodated. If
T&E species are present on the north end of Ocracoke then dredge material must be placed on the spoil site, and
only if nesting species are not present within the spoil site.
20. All work will be done in accordance with the approved guidelines and permits established by the National Park
Service (NPS), Army Corp of Engineers (ACOE), the Division of Coastal Management (DCM) and any other
regulatory agencies notified of the project. To prevent detrimental effects on protected shoreline resources this
NPS Form 10-114 (Rev. O1/2017)
National Park Service
3� _._1 �d�Nr^i
� °'�:-.�.��'.
.�,.R L y � �
�•
SPECIAL USE PERMIT
Outer Banks Group:
Cape Hatteras NS, Fort Raleigh NHS, & Wright Brothers NMEM
1401 National Park Drive
Manteo, NC 27954
(252) 475-9000 caha_special_use_permits@nps.gov
work will be iiune iri a lirriely rnariner and scheduled in coordination with all approprlate regulatory agencles.
21. NCDOT shall submit a safety plan to be approved by the Park Safety Officer (stacey siQler(a�nps.qov) prior to
commencement of work. Safety plan shall demonstrate compliance with OSHA and other applicable safety laws.
It shall include an emergency safety plan and shall list points of project contact.
22. Equipment on beach would be moved to a safe location within the vicinity of the project area upon a weather
forecast of high wave and water conditions.
23. The permittee would not leave vehicles idling for excessive periods when parked or not in use within the project
area.
24. Permittee must forward all other agency permits related to the undertaking of the project to the park's compliance
office for inclusion to the projects administrative record.
SOILS & VEGETATION
25. Equipment mobilization and use would be via designated beach access areas (as agreed to by the NPS) to avoid
impacts to vegetated areas.
26. Appropriate measures would be employed to prevent or control spills of fuels, lubricants, or other containments
from entering waterways or other sensitive areas. Actions would be consistent with state water quality standards
and the Clean Water Act Section 401 certificate requirements. A hazardous spill plan would be approved by the
National Park Service and appropriate resource agencies prior to construction. The plan would state what actions
would be taken in the case of a spill, notification measures, and prevention measures to be implemented, such as
the placement of refueling facilities, storage and handling of hazardous materials.
27. All oil and hazardous material spills within NPS boundaries must be reported to the Emergency Incident
Coordination Center (EICC) 1800-732-0911.
28. The expansion of the Southdock spoil site by .76 acres on the south side is authorized. Berms would need to be
constructed around the edges to ensure the spoil material does not erode into wetland areas.
29. Placement of sand must be spread and contoured within the existing beach area. No piling of sand is authorized
within the north terminus area.
ACHEOLOGICAL RESOSURCES
30. Although there is no surface evidence of archeological resources, clearance to proceed is recommended with the
condition that if concealed archeological resources are encountered during project activities, work must
immediately stop, contact with the district ranger must be made, all necessary steps will be taken to protect the
archeological resources and the Park Cultural Resources Manager will be notified immediately.
31. Any discovered cultural resources must be turned over to the park immediately upon discovery.
VISITORS USES AND EXPERIENCES
32. The permittee will maintain appropriate safety barrier at the work area when conducting renourishment activities.
Signs, flagging or fencing may be used to keep the public a safe distance from the work area. It is the
responsibility of the permittee to install and remove signs, flagging or fencing.
NPS Form 10-114 (Rev. O1/2017)
National Park Service
.+��".°F,
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o.n� � �: ;
.��r y�_ " ,_ �� �
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' � - SPECIAL USE PERMIT
Outer Banks Group:
Cape Hatteras NS, Fort Raleigh NHS, & Wright Brothers NMEM
1401 National Park Drive
Manteo, NC 27954
(252) 475-9000 caha_special_use_permits@nps.gov
33. Permittee will expeditiously repair any damage to the park's physical resources caused by or occurring during
project activities to the entire satisfaction of the park's Superintendent.
Superintendent may revoke the permit and/or stop the construction project should any of the permit conditions
be violated.