20200064 Ver 1_USFWS SUP NC615_20201220

General Activites
Special Use Permit
Station #: 41660 (For Official Use Only) Permit #: 120001 G
Permit Term: From 01 /6/2020 To 01 /02/2023
1) Principal Investigator Name/Affiliation: Fsteve Trowell, NC Department of Transportation
2) Permit Status: a) Approved: V If approved, provide special conditions (if any) in the text box below.
b) Denied: 0 If denied, provide justification in the text box below.
[Type in additional Special Conditions or Justification for Denied Permit in the space provided]
This special use permit provides North Carolina Department of Transportation and designated staff
access to Mackay Island National Wildlife Refuge for activities described in the previously received
General Activities Special Use Permit Application (attached). The main activity involves conducting
shoreline stabilization from Barleys Bay (portion of Back Bay) eastward to the upland interface of
Knotts Island, NC along the northern side of the Marsh Causeway (NC Rte 615).
Refuge and Service conditions apply (attached).
3) Are there additional special conditions attached to the permit? Yes (�) No Q
4) Are licenses/permits required, and have they been verified? Yes O No 0 N/A 0
5) Are Insurance and/or Certification(s) required, and have they been verified? Yes O No V N/A 0
6) Is an Assurance of Animal Care or Institutional Animal Approval form needed? Yes 0 No V N/A 0
If yes, is the form attached? Yes 0 No 0
7) Has a Minimum Requirements Decision Assessment been conducted? Yes Q No 0 N/A
If yes, is assessment attached? Yes O No 0
8) Record of Payments: Exempt (i) Partial O Full 0
Amount of payment: F Record of partial payment:
9) Is a surety bond or security deposit required? Yes Q No V N/A 0
This permit is issued by the U.S. Fish and Wildlife Service and accepted by the applicant signed below, subject to the terms, covenants,
obligations, and reservations, expressed or implied herein, and to the notice, conditions, and requirements included or attached. A
copy of this permit should be kept on -hand so that it may be shown at any time to any refuge staff.
10) Permit approved/issued y:y: (Signature and title)
Date:
11) Permit accepted by: (signature of per }
Date: ����

General Conditions and Requirements
1) Responsibility of Permittee: The permittee, by operating on the premises, shall be considered to have accepted these premises with
all facilities, fixtures, or improvements in their existing condition as of the date of this permit. At the endof the period specified or upon
earlier termination, the permittee shall give up the premises in as good order and condition as when received except for reasonable
wear, tear, or damage occurring without fault or negligence. The permittee will fully repay the Service for any and all damage directly or
indirectly resulting from negligence or failure on his/her part, and/or the part of anyone of his/her associates, to use reasonable care.
2) Operating Rules and Laws: The permittee shall keep the premises in a neat and orderly condition at all times, and shall comply with
all municipal county, and State laws applicable to the operations under the permit as well as all Federal laws, rules, and regulations
governing national wildlife refuges and the area described in this permit. The permittee shall comply with all instructions applicable to
this permit issued by the refuge official in charge. The permittee shall take all reasonable precautions to prevent the escape of fires and
to suppress fires and shall render all reasonable assistance in the suppression of refuge fires.
3) Use Limitations: The permittee's use of the described premises is limited to the purposes herein specified and does not, unless
provided for in this permit, allow him/her to restrict other authorized entry onto his/her area; and allows the U.S. Fish and Wildlife
Service to carry on whatever activities are necessary for: (1) protection and maintenance of the premises and adjacent lands
administered by the U.S. Fish and Wildlife Service; and (2) the management of wildlife and fish using the premises and other U.S. Fish
and Wildlife Service lands_
4) Transfer of Privileges: This permit is not transferable, and no privileges herein mentioned may be sublet or made available to any
person or interest not mentioned in this permit. No interest hereunder may accrue through lien or be transferred to a third party without
the approval of the Regional Director of the U.S. Fish and Wildlife Service and the permit shall not be used for speculative purposes.
5) Compliance: The U.S. Fish and Wildlife Service's failure to require strict compliance with any of this permit's terms, conditions, and
requirements shall not constitute a waiver or be considered as a giving up of the U.S. Fish and Wildlife Service's right to thereafter
enforce any of the permit's terms or conditions.
6) Conditions of Permit not Fulfilled: If the permittee fails to fulfill any of the conditions and requirements set forth herein, the U.S. Fish
and Wildlife Service shall retain all money paid under this permit to be used to satisfy as much of the permittee's obligation as possible
7) Payments: All payment shall be made on or before the due date to the local representative of the U.S. Fish and Wildlife Service by a
postal money order or check made payable to the U.S. Fish and Wildlife Service.
8) Termination Policy: At the termination of this permit the permittee shall immediately give up possession to the U.S. Fish and Wildlife
Service representative, reserving, however, the rights specified in paragraph 11 below. If he/she fails to do so, he/she will pay the U.S.
Fish and Wildlife Service, as liquidated damages, an arrlount double the rate specified in this permit for the entire time possession is
withheld. Upon yielding possession, the permittee will still be allowed to reenter as needed to remove his/her property as stated in
paragraph 11 below. The acceptance of any fee for the liquidated damages or any other act of administration relating to the continued
tenancy is not to be considered as an affirmation of the permittee's action nor shall it operate as a waiver of the U.S. Fish and Wildlife
Service's right to terminate or cancel the permit for the breach of any specified condition or requirement.
9) Revocation Policy: The Regional Director of the U.S. Fish and Wildlife Service may revoke this permit without notice for
noncompliance with the terms hereof, or for violation of general and/or specific laws or regulations governing national wildlife refuges,
or for nonuse. It is at all times subject to discretionary revocation by the Director of the Service. Upon such revocation the U.S. Fish and
Wildlife Service, by and through any authorized representative, may take possession of said premises for its own and sole use, and/or
may enter and possess the premises as the agent of the permittee and for his/her account.
10) Damages: The U.S. Fish and Wildlife Service shall not be responsible for: any loss or damage to property including but not limited
to crops, animals, and machinery; injury to the permittee or his/her relatives or to the officers, agents, employees, or any other(s) who
are on the premises from instructions; the sufferance from wildlife or employees or representatives of the U.S. Fish and Wildlife Service
carrying out their official responsibilities. The permittee agrees to hold the U.S. Fish and Wildlife Service harmless from any and all
claims for damages or losses that may arise to be incident to the flooding of the premises resulting from any associated government
river and harbor, flood control, reclamation, or Tennessee Valley Authority activity.
11) Removal of Permittee's Property: Upon the expiration or termination of this permit, if all rental charges and/or damage claims due to
the U.S. Fish and Wildlife Service have been paid, the permittee may, within a reasonable period as stated in the permit or as
determined by the U.S. Fish and Wildlife Service official in charge, but not to exceed 60 days, remove all structures, machinery, and/or
equipment, etc., from the premises for which he/she is responsible. Within this period the permittee also must remove any other of
his/her property including his/her acknowledged share of products or crops grown, cut, harvested, stored, or stacked on the premises.
Upon failure to remove any of the above items within the aforesaid period, they shall become the property of the U.S. Fish and Wildlife
Service.

Mackay Island National Wildlife Refuge
PROJECT SPECIFIC CONDITIONS FOR SPECIAL USE PERMIT 20001G
No equipment shall remain on Refuge property during non -working hours for this project without prior
notification and approval of the Refuge Manager. Consideration will be given, upon request, by the
Refuge Manager for periodic exception to this project condition excluding weekends and holidays.
When appropriate the Refuge may offer alternative overnight parking alternatives. NCDOT Project
Officers shall be responsible for contaminant cleanup/remediation should project equipment cause
contaminant issues on the Refuge.
2. Work is permitted year-round for the duration of the permit west of the Refuge Kurault Overlook site
(- 50+00). Work east of the Refuge Kurault Overlook site is not permitted during the months of
November, December, and January without consulting the Refuge Manager and issuance of a written
exception to this project restriction from the Refuge.
3. Plans, dated 24 October 2019, submitted by the NC Department of Transportation to the Refuge
identify several locations where shoreline stabilization efforts are designed in an undulating/irregular
fashion to protect remaining marshes throughout the project area. These design features, requested
by the Refuge, are a requirement of this permit. Any design modification to these areas may require
revocation of this permit as new design alternatives may trigger modification of Refuge compliance
documents.
Areas identified in this Project Specific Condition as illustrated in the 24 October 2019 Plans are
as follows:
Sheet 4, Cross Section A, —03+00
Sheet 5, Cross Section A, --37+50
Sheet 6, Cross Section A,--42+00 through 47+00
Sheet 7, Cross Section C, --56+00 and —67+00
Project Specific Conditions accepted by:
Printed Name/Title
Si�31at i'e
Date

Mackay Island National Wildlife Refuge
CONDITIONS FOR SPECIAL USE PERMIT & AUTHORIZED ACTIVITIES
The Permittee or authorized person, and all officers, agents, employees, representatives, and clients
of the Permittee or authorized person, shall comply with all Refuge, Federal, State, and local
regulations and conditions that apply to the special use activity. Failure to comply with any applicable
regulation or condition, and all Federal laws, rules, and regulations governing National Wildlife
Refuges and the area described in the Special Use Permit (Permit) or authorizing documents may
result in revocation of the Permit or authorized activity and/or criminal prosecution.
2. While engaged in a special use activity on the Refuge, the Permittee or authorized person, and his/her
officers, agents, employees, or representatives, shall be in possession of a copy of the Permit or
authorizing documents (including all attachments that contain conditions) and shall, upon request by
an authorized Refuge official or by any authorized local, state, or federal law enforcement officer,
display the copy authorizing their presence and activity on the Refuge and shall furnish any other
licenses and identification documents as may be requested.
3. Entry on the Refuge during nighttime hours (i.e., %-hour after sunset to %2-hour before sunrise) is
prohibited, unless authorized in writing by the Refuge Manager.
4. It is unlawful to disturb, destroy, injure, collect, or take any wildlife, plant, natural object, mineral,
cultural or historical feature, or public property on the Refuge, unless authorized in writing by the
Refuge Manager.
5. Wildlife shall not be harmed or harassed and disturbance shall be kept to a minimum, this includes all
snakes (poisonous and non-poisonous snakes), unless authorized in writing by the Refuge
Manager.
6. The Refuge Manager should be contacted immediately at [phone] x1 upon discovery of any
wildfire, or any leak, spill, or break in a pipeline, power line, canal, or dike, or any other accident or
incident that has the potential to have an adverse impact on the soil, wildlife, or plants in the area.
Any unusual wildlife sightings or suspected illegal activities should be reported to the Refuge
Manager.
7. Any accident that results in a personal injury (i.e., an accident that requires professional medical
treatment) shall be reported to the Refuge Manager within 24 hours of the accident. -
8. All locked Refuge gates shall be closed and locked upon entering and leaving Refuge property. If
access is authorized in writing by the Refuge Manager, refuge gates should be left the way they
are found (i.e., open, closed, either locked or unlocked as the case may be).
Page 1 of 3
RF-001 (Revised 01/16/09

9. Vehicle travel shall only be on designated roads or routes of travel, unless authorized in writing by
the Refuge Manager. Vehicles, boats, trailers, and other equipment shall be parked in such a
manner that roads and trails includinn canoe trails and navi able waters are not to be
blocked. Roads and trails need to be accessible to other Refuge visitors and to Refuge staff,
cooperative farmers, fire trucks, emergency vehicles, maintenance equipment, and law enforcement
patrols.
10. Vehicles with catalytic converters shall be restricted to paved roads, recently maintained gravel or dirt
roads, or bare soil areas because of the high fire potential. Vehicles with catalytic converters shall
not be parked over high vegetation or other fire hazardous materials.
11. Refuge gate or building keys shall not be loaned to other agencies, companies, or persons. If there
is a need for access by other persons, please have them contact the Refuge Manager. All Refuge
keys shall be returned to the Refuge Manager, or a designated staff member, within 10 calendar
days, after expiration or termination of the Permit or authorized activity.
12. All dogs (or any other pet) must be confined or on a leash while on the Refuge, unless authorized in
writing by the Refuge Manager. Leashed pets must be under the immediate control of the
Permittee or authorized person, or the leash must be secured to a stationary object. The leash shall
not be in excess of 10 feet in length.
13. Possession or use of firearms, air guns, bows and arrows, cross bows, spears, or gigs; or illegal
knives, weapons, or devices; or explosives of any type is prohibited on the Refuge when engaged in
a special use activity, unless authorized in writing by the Refuge Manager.
14. Littering is prohibited. All materials brought into the Refuge shall be removed and properly disposed.
Drink cans, bottles, candy wrappers, toilet paper, and other garbage and refuse shall not be left on
the Refuge.
15. The Refuge Manager shall be contacted before any surface work is done. This includes mowing,
road or trail improvements, digging, clearing or trimming of brush or vegetation, installation of
structures, etc.
16. The use of herbicides and pesticides on Refuge property is prohibited, unless authorized in writing
by the Refuge Manager. Unrestricted, over -the -counter -type, insect repellents may be used on or
near the body and clothing to repel biting or stinging insects.
17. No permanent or semi -permanent markings shall be made on any Refuge building, structure, gate,
post, sign, fence, tree, vegetation, or soil by either marking, painting, cutting, scratching, blazing,
mowing, digging, or other destructive method, unless authorized in writing by the Refuge
Manager. When needed, only temporary, removable markers (e.g., flagging tape, survey stakes,
metal/paper/plastic tags, etc.) shall be used to mark site locations, plots, etc. Safety signs,
informational signs, and any other signs required by law or regulation for the special use activity being
Page 2 of 3
RF-001 (Revised 02/20/2008)

conducted, shall be posted as required, but only with prior authorization by the Refuge Manager.
All markers and signs shall be removed upon conclusion of the special use activity or upon expiration
or termination of the Permit.
18. The use or possession of traps, snares, or other passive (i.e., unattended) collection devices, which
are used to collect wildlife, is prohibited, unless authorized in writing by the Refuge Manager.
Each individual trap, snare, or passive collection device shall have a weather -resistant, permanent
tag attached with the Permittee's, authorized person's, and/or organization's name legibly marked on
the tag or shall have the Permittee's, authorized person's, and/or organization's name legibly marked,
imprinted, or engraved on the trap, snare, or device.
19. No permanent or semi -permanent fences, buildings, shelters, docks, piers, or other structures or
facilities may be erected, built, or placed on the Refuge, unless authorized in writing by the
Refuge Manager. No machinery, equipment, supplies, or materials may be placed or stored on the
refuge, unless authorized In writing by the Refuge Manager.
20. All open fires are prohibited, unless authorized in writing by the Refuge Manager. Leaving an
authorized open fire unattended or not completely extinguished is prohibited. Setting on fire or
causing to be set on fire any timber, brush, grass, or other inflammable material, including camp or
cooking fires, is prohibited, unless authorized in writing by the Refuge Manager. The use of
cutting torches, arc welders, or any other open flame/sparking devices (which are required to conduct
the special use activity) shall be exercised with caution and only with prior authorization from the
Refuge Manager or Refuge Fire Management Officer. When use of these devices is necessary,
the operator(s) shall have immediate access to appropriate fire control equipment (e.g., fire
extinguishers, shovels, etc.) and immediate communication access to local emergency services
(e.g., cellular telephone, two-way radio, etc.). Tobacco smokers shall practice caution when smoking;
shall completely extinguish all matches, cigars, cigarettes, and pipes; and shall dispose of same in a
proper container (e.g., a vehicle ash tray).
21. Activities will be conducted in a manner that reduces negative impacts to refuge habitats.
Page 3of3
RF-001 (Revised 01/16/09