20191251 Ver 3_Ocracoke Island Minor Modification CAMA Permit 24-03 January 2020_20200131

Permit Class
MODIFICATIONIMINOR
Permit Number
24-03
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to N.C. Department of Transportation, 113 Airport Drive, Suite 100, Edenton, NC _27932
Authorizing development in Hyde County at adj. Atlantic Ocean, NC Highway 12,
Ocracoke Island , as requested in the permittee's application letter dated 12/20/19, including the
attached work plan drawinas (11): 10 dated 12/4/19 and 1 dated 11/4/19, and AEC Hazard Notice dated 9/20/19.
This permit, issued on 1/31/20 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, this Minor Modification authorizes updated drawings for the dune
reconstruction areas along NC Highway 12 on Ocracoke Island that were previously approved by the
Emergency Major Modification of CAMA Major Permit 24-03 which was issued on 9/26/1 9, and the
installation of approximately 4,248 linear feet of temporary erosion control structures (sandbags) to
reinforce the dune within those same areas, as depicted on the attached workplan drawings.
2) Nothing in this permit authorizes any activity that has not received approval from the National Park
Service (NPS), if required, for work within the Cape Hatteras National Seashore.
NOTE; The National Park Service (NPS) issued Special Use Permit #USA20-5700-001 on 1/27/20.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2020
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
z . '/,-
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

N.C. Department of Transportation Permit 024-03
Page 2 of 4
ADDITIONAL CONDITIONS
NOTE: The Emergency Major Modification of CAMA Major Permit 24-03 which was issued on 9126119
authorized 975 linear feet of temporary erosion control structures (sandbags), therefore the
cumulative total length of authorized temporary erosion control structures (sandbags) in the
project area is 5,223 linear feet.
3) Based upon coordination with appropriate agencies, and in accordance with the following permit
conditions, the activities authorized by this Minor Modification are allowed to take place during the sea
turtle and piping plover moratorium of April 1 to November 15 as required by Condition No. 3 of the
Permit Renewal issued on 12/18/15. Any work that is proposed during the sea turtle and piping plover
moratorium in subsequent years shall adhere to the full moratorium, or shall require additional
authorization from DCM, in coordination with NPS, the N.C. Wildlife Resources Commission (WRC)
and the U.S. Fish and Wildlife Service (USFWS).
NOTE: The USFWS Raleigh Ecological Service Field Office issued a concurrence letter for sea turtles,
piping plovers and red knots on 1/23/20 in accordance with Section 7 of the Endangered Species
Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).
4) In accordance with commitments made by the permittee, and due to the potential for sea turtle nests in
the project area, if the work continues into the sea turtle nesting season (May 1 to November 15), all
work shall be conducted during daylight hours, the permittee and/or the NPS shall conduct a sea turtle
survey within the project vicinity each morning prior to any work taking place, and a log shall be
generated. If any sea turtle crawl is observed, the permittee shall stop work and consult with DCM,
WRC, NPS, and USFWS to identify and implement any required response prior to any further work
taking place. In addition, if eggs and/or hatchlings are uncovered during project work, all construction
activity in that area shall stop and the WRC Sea Turtle Hotline [phone]) shall be called to make
arrangements for the eggs/hatchlings, in consultation with NPS (and viable eggs might be left in place,
meaning no work can occur within 300 feet until the incubation ends or the nest is determined to be no
longer viable).
5) The authorized temporary erosion control structures (sandbags) shall conform to the use standards found
in 15A NCAC 07H .0308(a)(2), including but not limited to, the timelines and requirements for removal
found in 15A NCAC 07H .0308(a)(2)(F) through 15A NCAC 07H .0308(a)(2)(J).
6) Sandbags shall be tan in color and three to five feet wide and seven to 15 feet long when measured flat.
Base width of the structure shall not exceed 20 feet, and the height shall not exceed six feet.
7) In accordance with commitments made by the permittee, the bottom layer of the authorized temporary
erosion control structures (sandbags) shall be wrapped in sand colored geotextile fabric.
8) Soldier pilings and other types of devices to anchor the temporary erosion control structures (sandbags)
shall not be allowed.
9) All fill material, including that used to fill the temporary erosion control structures (sandbags), shall be
clean and free of any pollutants, except in trace quantities.

N.C. Department of Transportation Permit #24-03
Page 3 of 4
ADDITIONAL CONDITIONS
10) In accordance with commitments made by the permittee, the temporary erosion control structures
(sandbags) shall be hydraulically filled from the swash zone of the adjacent beach.
11) If the temporary erosion control structures (sandbags) become damaged, the permittee shall be
responsible for the removal of remnants of all portions of the structure(s).
12) All work shall be accomplished in such a manner that damage to existing vegetation is minimized.
13) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State.
Historic and Cultural Resource Protection
NOTE: In accordance with the attached workplan drawings, there are three identified environmentally
sensitive archaeological areas within the project area.
14) In accordance with commitments made by the permittee, the three identified environmentally sensitive
archaeological areas within the project area shall be staked, and heavy equipment and the sandbag
hydraulic dredging operation shall not be permitted within those areas.
15) The authorized project shall conform to the requirements of the Section 106 Amended Programmatic
Agreement for Minor Transportation Projects (PA) regarding archaeological resources. If cultural
resources, such as shipwreck remains, are encountered, the permittee shall immediately stop work and
contact the Department of Natural and Cultural Resources (DNCR), and DCM shall also be notified.
General
16) If it is determined that additional permanent and/or temporary impacts (such as but not limited to
temporary access roads and detours) are necessary that are not shown on the attached workplan
drawings or described in the authorized permit application, a permit modification and/or additional
authorization from DCM shall be required. In addition, any changes in the approved plan may also
require a permit modification and/or additional authorization from DCM. The permittee shall contact
the DCM Transportation Field Representative in Elizabeth City prior to commencement of any such
activity for this determination and any permit modification.
17) Development authorized by this permit shall only be conducted on lands owned by the N.C. Department
of Transportation (NCDOT), and/or their Right -of -Ways and/or easements and/or on NPS lands with
NPS authorization.

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #24-03
Page 4 of 4
18) The permittee and/or its contractor shall contact the DCM Transportation Project Field Representative in
Elizabeth City at [phone] to request a pre -construction conference prior to project initiation.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Regional General
Permit Number 198000048 (COE Action ID No. SAW-2019-01801), which was issued on
1/28/20.
NOTE: This Minor Modification does not eliminate the need to obtain any additional permits, approvals
or authorizations that may be required. This includes approval, if required, from the N.C.
Division of Water Resources (DWR).
19) This Minor Modification shall be attached to the original of Permit No. 24-03, which was issued on
2/19/03, as well as all subsequent modifications, renewals and letters of refinement, and copies of all.
documents shall be readily available on site when a Division representative inspects the project for
compliance.
20) All conditions and stipulations of the active permit remain in force under this Minor Modification unless
altered herein.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.