19950166 Ver 1_Complete File_19950210

* 1
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STATE OF NORTH CAROLINA
DEPARTMENT OF TPANSPORTATI
ON
JAMES B. HUNT. )R DIVISION OF HIGHWAYS K. SAMUEL HUNT 111
GOVERNOR P.O. BOX 25201. RALEIGH. N.C 27611-5201 SECRETARY
February 1, 1995
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28102
ATTN: Regulatory Branch
Subject: Construction of a new rest area building and sewer system to serve ferry passengers and visitors
to the Cape Hatteras National Seashore (TIP Project No. K-3307)
Dear Sir:
Attached for your information is a copy of the project planning report for the subject project. The
project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in
accordance with 23 CFR 771.115(b). Therefore, we do not anticipate requesting an individual permit, but
propose to proceed under a Nationwide Permit in accordance with 33 CFR 330 Appendix A(B-23) issued
November 22, 1991 by the Corps of Engineers. The provisions of Section 330.4 and Appendix A(C) of
these regulations will be followed in the construction of the project.
We anticipate that a permit will be required from the N.C. Department of Environment, Health,
and Natural Resources for this project. DOT will apply directly to DEHNR for that permit when plans
have been developed.
If you have any questions or need additional information, please call Stephanie Briggs at (919)
733-3141.
Sincerely,
? v
B. J-O Quinn
Assistant Manager
Planning & Environmental Branch
BJO:SSB/
enclosure

cc: COE, Washington field office
John Dorncy, EHNR/DEM
John R Parker, Jr., EHNR/DCM
Kelly Barger, Program Development Branch
Don Morton, State Highway Engineer - Design
A.L. Hankins, Hydraulics Unit
John L. Smith, Jr., Structure Design Unit
Tom Shearin, State Roadway Design Engineer
D.R Conner, Division 1 Engineer
Phil Hinton, Staff Engineer, Facilities Management Branch
Davis Moore, Planning & Environmental Branch
Stephanie S. Briggs, Planning & Environmental Branch
File
J . 1?
ysT.,n
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT. JR.
GOVERNOR
DIVISION OF HIGHWAYS
P.O. BOX 25201. RALEIGH. N.C. 27611-5201
February 1, 1995
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28102
ATTN: Regulatory Branch
R. SAMUEL HUNT III
SECRETARY
Subject: Construction of a new rest area building and sewer system to serve ferry passengers and visitors
to the Cape Hatteras National Seashore (TIP Project No. K-3307)
Dear Sir:
Attached for your information is a copy of the project planning report for the subject project. The
project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in
accordance with 23 CFR 771.115(b). Therefore, we do not anticipate requesting an individual permit, but
propose to proceed under a Nationwide Permit in accordance with 33 CFR 330 Appendix A(B-23) issued
November 22, 1991 by the Corps of Engineers. The provisions of Section 330.4 and Appendix A(C) of
these regulations will be followed in the construction of the project.
We anticipate that a permit will be required from the N.C. Department of Environment, Health,
and Natural Resources for this project. DOT will apply directly to DEHNR for that permit when plans
have been developed.
If you have any questions or need additional information, please call Stephanie Briggs at (919)
733-31.11.
Sincerely,
B. J. 0". Quinn
Assistant Manager
Planning & Environmental Branch
BJO:SSB/
enclosure
e

cc: COE, Washington field office
John Dorney, EHNR/DEM
John R- Parker, Jr., EHNR/DCM
Kelly Barger, Program Development Branch
Don Morton, State Highway Engineer - Design
A.L. Hankins, Hydraulics Unit
John L. Smith, Jr., Structure Design Unit
Tom Shearin, State Roadway Design Engineer
D.R. Conner, Division 1 Engineer
Phil Hinton, Staff Engineer, Facilities Management Branch
Davis Moore, Planning & Environmental Branch
Stephanie S. Briggs, Planning & Environmental Branch
File

Date: 1/93
Revised: 1/94
CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM
TIP Project No. K-3307
State Project No. 8.1080401
Federal-Aid Project No. STP-12(1)
A. Project Description: (List project location and scope. Attach location map.)
Public restroom facility on NC-12 at the Ocracoke Island North Dock Ferry Terminal.
Project will include construction of a new rest area building and sewer system to serve
ferry passengers and visitors to the Cape Hatteras National Seashore.
NOTE: Refer to Section D, "Special Project Information," for list of ENVIRONMENTAL COMMITMENTS.
B. Purpose and Need:
The existing restroom building is approximately 29 years old and does not contain enough
toilet fixtures to meet current needs. The existing sewer field has failed and has been
closed by the Hyde County Health Department. Portable toilets are currently being used
to provide public restroom facilities.
C. Proposed Improvements:
Circle one or more of the following improvements which apply to the project:
1. 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
Date: 1/93
Revised: 1/94
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
3. 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.
O 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.
Date: 1/93
Revised: 1/94
D. Special Project Information: (Include ENVIRONMENTAL COMMITMENTS)
The new restroom building and sewer system will be constructed on Cape Hatteras National
Seashore property allocated to the Department of Transportation by "Special Use Permit" (see
attachment). The existing ferry terminal and restroom building are also on National Seashore
property.
The existing restroom building and sewer system will be removed and their sites restored to a
natural condition as part of the "Special Use Permit" agreement.
The project will be beneficial to both agencies (NPS and NCDOT) by providing restroom facilities
to visitors to the Cape Hatteras National Seashore and ferry passengers.
A CAMA permit is required.
The site is not within the "Coastal Barrier Resources Act" (CBRA) limits.
E. Threshold Criteria:
If any Type II actions are involved with the project, the following evaluation must be completed.
If the project consists only of Type I improvements, the following checklist does not need to be
completed.
ECOLOGICAL YES NO
(1) Will the project have a substantial impact
on any unique or important natural resource? X

(2) Does the project involve habitat where federally
listed endangered or threatened species may occur? X

(3) Will the project affect anadromous fish? _ ?
X

(4) If the project involves wetlands, is the amount of permanent ?
and/or temporary wetland taking less than one-third (1/3) of X
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) ? F-1 X
Date: 1/93
Revised: 1/94
YES NO
(8) Will the project require fill in waters of the United States
in any of the designated mountain trout counties ? F-1 X-
(9) Does the project involve any known underground storage
tanks (UST's) or hazardous materials sites? F X
PERMITS AND COORDINATION
(10) If the project is located within a CAMA county, will
the project significantly affect the coastal zone and/or X
any "Area of Environmental Concern" (AEC)?
(11) Does the project involve Coastal Barrier
Resources Act resource ? F X-
(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
(14) Will the project require any stream relocations F-1
or channel changes ? X
SOCIAL AND ECONOMIC
(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
F
or business? X-
(17) If the project involves the acquisition of right of way, ?
is the amount of right of way acquisition considered minor ? X
(18) Will the project involve any changes in access control? ?
X
-
(19) Will the project substantially alter the usefulness and/or
land use of adjacent property? X
(20) Will the project have an adverse effect on permanent local
F-]
traffic patterns or community cohesiveness ? X
Date: 1/93
Revised: 1/94
YES NO
(21) Is the project included in an thoroughfare plan and/or ?
Transportation Improvement Program (and is, therefore X
in conformance with the Clean Air Act of 1990)?
(22) Is the project anticipated to cause an increase traffic volumes? ?
X
(23) Will traffic be maintained during construction using ?
existing roads, staged construction, or on-site detours? X
(24) Is there substantial controversy on social, economic,
or environmental grounds concerning the project? F-1 X
(25) Is the project consistent with all Federal, State, and local ?
laws relating to the environmental aspects of the action? X
CULTURAL RESOURCES
(26) Will the project have an "effect" on properties eligible for
or listed on the National Register of Historic Places? X
(27) Will the project require the use of Section 4(f) resources
(public parks, recreation lands, wildlife and waterfowl XX
refuges, historic sites, or historic bridges, as defined in
Section 4(f) of the U. S. Department of Transportation
Act of 1966)?
(28) Will the project involve construction in, across, or adjacent
to a river designated as a component of or proposed for F-1 X
inclusion in the Natural System of Wild and Scenic Rivers?
F. Additional Documentation Required for Unfavorable Responses in Part E
Construction of the restroom building and sewer field will be on property owned by the National
Park Service (Cape Hatteras National Seashore) and allocated to the Department of
Transportation by "Special Use Permit". Since the project is located within a publicly owned
recreation land, the project is subject to Section 4(f) of the United States Department of
Transportation Act of 1966.
According to the terms of the "Special Use Permit" this construction will "replace" a similar
facility and will not have a significant impact on the National Park Service property; a
Programatic Section 4(f) Evaluation and Approval is attached.
Date: 1/93
Revised: 1/94
G. CE APPROVAL
TIP Project No. K-3307
State Project No. 8.1080401
Federal-Aid Project No. STP-12(1)
Project Description: (List project location and scope. Attach location map.)
Construct a new public restroom building and sewer system on NC-12 at the Ocracoke Island
North Dock Ferry Terminal.
NOTE: Refer to Section D, "Special Project Information," for list of ENVIRONMENTAL COIXIMTTMENTS.
Categorical Exclusion Action Classification: (Check one)
TYPE II(A)
X TYPE II(B)
Approved:
rL - r9 - 94, Gtr
Date State Operations Engineer
1 OEL
Date Staff Engineer, Facilit es Management Branch
For Type II(B) projects only:
ZZ4 V LVq C Jj??
Dat Division Administrator
i/? ederal Highway Administration
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-? -_ : UNITED STATES
0
DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
Fort Raleigh National Historic Site Wright Brothers National Memorial
IN REPLY REFER TO: Cape Hatteras National Seashore
Route 1, Box 675
L30(SUP) (CAHA) Manteo, North Carolina 27954-2708
November 15, 1994
r?r
Mr. Phillip J. Hinton, Staff Engineer Did'.::: j';' 1,,u:1'-4AYS
Facilities Managemdnt Branch FArJL1TirS 1'0 9I
NC-DOT, Division of Highways ...._
P. 0. Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Hinton:
Enclosed is Special Use Permit #SER-CAHA-5700-162 issued to construct and main-
tain a restroom building and sewer field adjacent to the existing ferry terminal
on the north end of Ocracoke Island in accordance with the site plan submitted
with your letter of October 24, 1994.
The permit covers the period November 15, 1994, to November 14, 1999. Please
sign both copies, retain the PERMITTEE copy, and return the PARK copy to me. The
fee has been waived.
This permit is valid contingent upon approval by CAMA and approval of our request
for 106 Cultural Resource Clearance, as well as any other compliance required by
local, state or federal agencies. No construction may commence until all clear-
ances have been obtained.
If you have any questions, call District Ranger Ed Whitaker (919-995-5041) or his
designee.
Sincerely,
k
Thomas L. Hartman
Superintendent
Enclosure
cc:
Ed Whitaker
Ries Collier
Form 10.114
Rev. Aug. 06
OMB No. 1024-0028
UNITED STATES DEPARTMENT OR THE INTERIOR
National Park Service
PAGE 1 of
S ocial Use Permit
Construction: Construct anT
Name of Use Ma i nta i n a Restroom Bu i 1 d i ng and Date Permit Reviewed 19 _
Sewer Field Reviewed 19 _
Reviewed 19 _
Expires 19 _
SER-CAHA-5700-162
Long Term X Permit# --- ---- ---- ---
Short Term Region Park Type No #
Cape Hatteras National Seashore
P. 0. Box 25201 Name of Area
NC-DOT, Division of Highways of Raleigh, NC 27611-5201 919-715-0400
Name or Permltteo
Address
Phone
is hereby authorized during the period from (Time day 15 Month NOV 1S 4 ), through (Time
day 14 Month NOV 1999 ), to use the following described land or facilities in the above named area:
An area of land adjacent to the existing ferry terminal on the north end of Ocracoke
Island (per attached site plan).
For the purpose(s) of: Constructing and maintaining a restroom building and sewer field.
Authorizing legislation or other authority (RE- NPS-53 Appendix 1): 36 CFR, Chapt. 1, Part 5.7
NEPA Compliance: CATEGORICALLY EXCLUDED X EA/FONSI EIS OTHER APPROVED PLANS
PERFORMANCE BOND: Required Not Required X Amount $
LIABILITY INSURANCE: Required Not Required X Amount $
ISSUANCE of this permit is subject to the conditions on the reverse hereof and appended pages and when appropriate
to the payment to the U.S. Dept. of the Interior, National Park Service of the sum of $ waived
The undersigned hereby accepts this permit subject to the terms, covenants, obligations, and reservations, expressed
or implied herein. /
PERMITTEE ? - l l?` 9¢
Signature Data
Authorizing Official ?- Thomas L. Hartman 11/15/94
Signature Superintendent Data
Additional Authorizing Official
(If Required)
Signature
PERN11rTEE
Title Date
CONDITIONS OF THIS PERMIT
1. The permittee shall exercise this privilege subject to the supervision of the Superintendent, and snarl comply with all applicable laws and
regulations of the area.
2. Damages . The permittee shall pay the United States for any damage resulting from this use which would not reasonably be inherent in the
use which the permittee is authorized to make of the land described in this permit:
3. Benefit • Neither Members of, nor Delegates to Congress, or Resident Commissioners shall be admilieu to any snar.: or p.,rt of this pcnun of
derive, either directly or indirectly, any pecuniary benefit to arise inerelrom: Provided, however, that nuth.ng nerein Confarned Shall be con,tr,,ca
to extend to any incorporated company, if the permit be for the Lenefit of such corporation. ,
4. Assignment • This permit may not be transferred or assigned without the consent of the Superintendent, in writing.
5. Revocation • This permit may be terminated upon breach of any at the conditions herein or at the discretion of the Supunntcnu, ,it.
6. Tha permittee is prohibited from giving false information, to do co will be considered a breach of conart.ons and be grounds lot ruvocal.on:
(Re: 36 CFR 2.32 (4)I.
7. Pcnnittee will comply with applicable public hcalln and sjnil:,tion st-andurds and codus.
2. The following provisions consmute Condition 4 in accordance with
Executive Order No. 11246 of September 24, 1965, as amend ea by
Executive Order No. 11375o I October 13, 1967,
NONDISCIMMINATION. It use of the resource covered
by Ihei( perrn.I will involve the cntployment byIna permittee of a per.
son or persons, tha pcrminee agrees as follows:
(a) The Perm tree will not dlscfirninaw against any employee or apph•
cant for employment because of race. color, religion, sex, or national
ofigin. The permittee will take affirmative action to ensure Ina( ap-
plicants are employed, antl that employees are treated during
emproymer,t .dnawt rayard to their (ace, color, rung.un, Sex, ar rlr•
tional Grir,,n. Such action shall include, but not Le limaed to Inc
follo.vmr,: employment, upgrading, Cumotion or transfer; lecrwul,ert
or reCrumnenl Javcrhsmg; layoff or tenn,natiun; rates or pay or oiner
torms or Compensatrnn; and seicction for training, includ.rg appren•
ticush.p. Tha Perrnittee agreer, to post in cunspicuous dace::,
av.lrlacit: to ernployue3 and applicants for employment notices to be
proviacd by ire Superintendent suiting lortn tru pro.rsicns of this
ru.iJ,sCrimin,,f Wn ctau::e.
(d) Thu Permittee will eornply wilt all pru.r,.vnS ul Ex..,;utlvu 0(u.:r
No. 11216 of September 24, 1905, as an,cn? J, and of Ina rule::,
regulations, and relevant Orders of Me LCCruf,.ry of La:,oi.
(e) Tne Permittee will lurnist. all 110111 ..liu.. nu (,polls fdquuuJ t,y
Executive Order No. 1124G cl Sctaenlbcr 24. 1965, as annenoeJ, ...,.1
by the rules, regulattOn S, JnJ Cfilers ;I :no ?uCf@I?Iy Gf L..bor Jr
pursuant thereto. and will pcrm.t accet,; to n.S books, raCOrds, ana
accounts by me °Juponnt n,."nt ana the at Ljf;ct It;; N...•
poses of investigation to ascertain compliance wile seen rGt;i,
regulations, and G.dars.
(f) In the event of Ine Perrr..ttce s nrnicz;wpl...,.ce ';.rth die non•
discrimination elau:;cs or .n.s perrrur or .vrtn any ,)l such rule::.
rerul.,tions, or Orcen. Iris pcrm,t may Lu C..n;:mluJ, ler.ninah:d or
su Spenaad In wncie or fit par: a,1J In,: Ft:rn..rtce miry b • cLCl-. J ...•
..t gibie for further Government caniroC1 ; or ;, rrruts in .cooru..nu
with praeedureS au:nori:ed.n Exceuuv.. 0r.:rr r:.: t t?:e;,;r
SopG:rnbur ZJ, 1?n;i, as a?ner.JaJ, and sucn.;uwr sancr.un; m..y L..
unposed and rameci-s invoked as provi,:cu ,r. =.,:cutlv•: Ord, i%_
11246 OI S.ptetnt r 2.1, 19t.;. as •?i ny ru.e, RyuIJG:,. r, ;;.
ordur of tre Secretary of lau-r. Or as olrL:(e-e pruv.Je,: oy I...
M The Perm-tee will, in all scocitatrons or adverliscments for
employee; prised try or on cehalt or lne Perrnittee, statu that all
Gua6nea ZPPI Cants will receive conslCarrtion for cnlpfoymJnt w.lhaul
re,ard to rice. color, religion. Sex, or national origin.
(c) The Permittee will send to each labor union or represcmdrivu of
YIOrKerS with .vnicn ha has a collective bargaining agreement at other
contract or understanding, a notice, to to p(ovid_d by the
Supenntencent, advising the labor union or worKers' representative
of the Permdtce's commitments under Sect cn 2U2 of Executive
Order No. 11246 of September 24, 1965, as amended, and stall post
copies of the rotice in conspicuous places Jvailable to employees
and applicants for employment.

tg) The pernultce wul inUudu Ise ptav,s,,;a_ ;: Par yra,.n, (t)
tnrou,]n (1) ,n every subeCnlr..Ct or p„r,;hr.'C Urdu; wile. cxen..;"j
O'y rules. regulatfons. orders it ;lie Sceru:.u; .,f Lat.or r.sued p.a.
scant to SecliOn 204 of Executive Orccr::u. 11246 ul S..,;Icmbcr 24.
19C5, a.; anlenCee, so that ;pct pro+r.w,rs 4,.0 oe r,mmn9 upon da, tl
;u CConlract or pu(cnase urour JS tha S.LpcnntunJc.lt n:,.y end..( J? J
swans of enforcing suer provision;.rCtt.d,ng sanutious for nau•
compliances: Prov.aea, no'w-erg Inat in the -tit ilia P_rinittea
beccows i(rrolvcd it. or is Inreateneo wnn, •:.,.h.4
s u.u..
tractor or vendor a; a result or such direction r.y the Superinleu JUnl,
Irul Pefmittee may request the United St..tu; IJ vwur into such lilnj.r
lion to protect the interests Of Ina United rates.
Append Special Park Conditions
ADDENDUM SPECIAL USE PERMIT SER-CAHA-5700-162
Cape Hatteras National Seashore page 3
9. Permittee will remove the old restroom building and drain field and restore
the site to its natural condition.
10. Permittee may construct and maintain a restroom building and sewer field
based on the metes and bounds shown on the site plan P1 submitted October 24,
1994.
11. Maintenance of the parking area will continue to be the responsibility of
the Park Service.
12. District Ranger Ed Whitaker has been designated as the Superintendent's
representative. He should be notified prior to beginning the project. He can
be reached at [phone].
13. Permittee shall immediately halt activities and notify the Superintendent
upon discovery of any archeological, paleontological, or historic findings.
14. Permittee is responsible for obtaining any State or Federal permits (Corps
of Engineers, CAMA, etc.) required. This special use permit will be valid con-
tingent upon approval by CAMA; construction will not commence until all necessary
approvals have been acquired.
15. Permittee will maintain the construction site in a neat and orderly manner.
16. In consideration for obtaining privileges granted herein, permittee agrees
to indemnify and save harmless the United States from any loss to it, including
not only damage to government property and injury to government employees but
also judgments, settlements, or compromises for property damage or injury to all
persons for which the United States may be liable, resulting from the exercise
by the permittee and its employees of the privileges granted herein.
17. This permit shall be in effect until November 14, 1999.
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ADMINISTRATIVE ACTION
PROGRAMMATIC SECTION 4(F) EVALUATION AND APPROVAL
Replacement of Public Restroom Facilities on NC-12
at Ocracoke Island North Dock Ferry Terminal
within the Cape Hatteras National Seashore in Hyde County
F. A. Project: STP-12(1)
State Project: 8.1080401
TIP No: K-3307
PROGRAMMATIC SECTION 4(F) FOR MINOR INVOLVEMENTS
WITH PUBLIC PARKS, RECREATION LANDS,
AND WILDLIFE AND WATERFOWL REFUGES
Description of Resources:
The Cape Hatteras National Seashore in Dare and Hyde Counties stretches north to south across
three islands: Bodie, Hatteras and Ocracoke. These barrier islands have a wealth of sand dunes,
marshes and woodland. The Cape Hatteras National Seashore was established in 1953 and has
contributed to the area's increase in tourism. It was the first in a series of national seashores
established to preserve significant segments of unspoiled barrier islands along the Atlantic and
Gulf Coasts. The Cape Hatteras National Seashore contains 30,319 acres of land and 70 miles of
open and virtually unspoiled beach. The Seashore is owned by the federal government and
administered by the National Park Service.
NC-12, a paved two-land road, runs the length of the Seashore and is the only road providing
vehiclular access. NC-12 was built and is maintained by the State of North Carolina under an
agreement with the National Park Service. Access to Ocracoke Island is via the Hatteras Inlet
ferry between Hattaeras Island and Ocracoke Island and two NCDOT ferry routes operating
between Ocracoke Island and the mainland.
The only public restroom facilities on the north end of Ocracoke Island are provided by the North
Carolina Division of Highways at the existing ferry terminal.
Since this project necessitates the use of a minor amount of land from a publicy owned recreation
land and meets the criteria set forth in the Federal Register (December 23, 1986), a programmatic
Section 4(f) evaluation satisfies the requirments of Section 4(f).
The following alternatives, which avoid use of the public recreation land have been fully
evaluated:
(1) Do nothing: Does not meet the purpose and needs of the project
(2) Improve the facility without using the adjacent recreation land: The existing sewer
field has failed in its current location, requiring it to be located on a new site. The
only available land that meets the State requirements for sewer fields is on the
adjacent National Park Service property.
(3) Build an improved facility on new location without using the publicy owned
recreation land: All the land on the north end of Ocracoke Island is owned by the
National Park Service.
These alternatives were not found to be feasible and prudent.
All possible planning to minimize harm to the recreation land has been incorporated into this
project. The officials having jurisdiction over the Section 4(f) property have agreed, in writing,
with the assessment of impacts resulting from the use of the Section 4(f) property and with the
mitigation measures to be provided (See Attached Special Use Permit).
. z
Mitigation measures include the following:
a. The existing restroom building and sewer field will be removed and their sites
restored to its natural condition.
b. The new restroom building and sewer field will be constructed within the metes
and bounds shown on the attached site plan.
C. Construction will be halted immediately and the Superintendent of the Seashore
notified upon discovery of any archeological, palentological or historic findings.
d. All applicable State and Federal permits will be obtained prior to beginning any
construction.
The construction site will be maintained in a neat and orderly manner.
Approval of the programmatic Section 4(f) evaluation by the Federal Highway Division
Administrator is attached to this document.
. 1
NORTH CAROLINA DIVISION
FINAL NATIONWIDE SECTION 4(f) EVALUATION AND APPROVAL FOR
FEDERALLY-AIDED HIGHWAY PROJECTS WITH MINOR INVOLVEMENT
WITH PUBLIC PARKS, RECREATION LANDS, AND WILDLIFE AND
WATERFOWL REFUGES
F. A. Project STP-12(1)
State Project 8.1080401
T. I. P. No. K-3307
Description: Replacement of public restroom facilities on NC-12 at Ocracoke Island
North Dock Ferry Terminal within the Cape Hatteras National Seashore in
Hyde County.
YES NO
1. Is the proposed project designed to improve the
operational characteristics, safety, and/or physical ?
condition of existing highway facilities essentially X
the same location?
2. Is the project on new location? F1 X
3. Is the Section 4(f) land a publicly owned public park,
recreation land, or wildlife and waterfowl refuge ?
located adjacent to the existing highway? X
4. Does the amount and location of the land to be
used impair the use of the remaining Section 4(f)
land, in whole or in part, for its intended purpose? X
(See chart below)
Total size of section 4(f) site Maximum to be acquired_
less than 10 acres 10 percent of site
10 acres-100 acres 1 acre
greater than 100 acres 1 percent of site
5. Do the proximity impacts of the project (e.g., noise, air
and water pollution, wildlife and habitat effects,
aesthetic values) on the remaining Section 4(f) land
impair the use of such land for its intended purpose? ? X

YES NO
6. Do the officials having jurisdiction over the Section
4(f) land agree, in writing, with the assessment of
the impacts of the proposed project on, and the ?
proposed mitigation for, the Section4(f) lands? X
7. Does the project use land from a site purchased or
improved with funds under the Land and Water
Conservation Act(Section 6(f)), the Federal Aid
in Fish Restoration Act (Dingell-Johnson Act),
the Federal Aid in Wildlife Act(Pittman-Robertson
Act),or similar laws, or are the lands otherwise
encumbered with a Federal interest

(e.g., former Federal surplus property)? ?
X
8. If the project involves lands described in Item 7 above,
does the appropriate Federal Agency object to the land? N/A
-
9. Does the project require preparation of an EIS? 1 X
F
ALTERNATIVES CONSIDERED AND FOUND NOT TO BE FEASIBLE
AND PRUDENT
The following alternatives were evaluated and found not to be feasibl e and prudent:
1. Do-nothinfz. X F-1
Does the "do nothing" alternative:
-
(a) correct capacity deficiencies? F
1 X
-
or (b) correct existing safety hazards? F
1 X
-
or (c) correct deteriorated conditions? F
1 X
and(d) create costs, unusual problems, or

impacts of extraordinary measure?
X ?
2. Improvement of the highway without using the adjacent

public park recreational land or wildlife waterfowl refuge.
N/A ?
(a) Have minor alignment shifts, changes in standards, use
of retaining walls, etc., or traffic management measures

been evaluated?
N/A ?
V
YES NO
(b) The items in 2(a) would result in (circle, as appropriate)
(i) substantial adverse community impact
or (ii) substantial increased costs
or (iii) unique engineering, transportation,
maintenance, or safety problems
or (iv) substantial social, environmental,
or economic impacts
or 8vi4of a project which does not meet the need
an impacts, costs, or problems which
extraordinary magnitude
3. Build an improved facility on new location
without using the public park, recreational land,
or wildlife and waterfowl refuge.
(This would be a localized "run around.") N/A
(a) An alternate on new location would result in:
(circle, as appropriate)
(i) a project which does not solve the
existing problems
or (ii) substantial social, environmental, or
economic impacts
or (iii) a substantial increase in project
cost or engineering difficulties
and (iv) such impacts, costs, or difficulties of truly
unusual or unique or extraordinary magnitude
MINIMIZATION OF HARM
1. The project includes all possible planning to minimize harm. X F-1
2. Measures to minimize harm include the following:
(circle those which are appropriate)
a Replacement of lands used with lands of
reasonably equivalent usefulness and location
and of at least comparable value.
N
b. Replacement of facilities impacted by the project
including sidewalks, paths, benches, lights,
trees, and other facilities.
c. Restoration and landscaping of disturbed areas.
d. Incorporation of design features and habitat features,
where necessary, to reduce or minimize impacts
to the Section 4(f) property.
e. Payment of the fair market value of the land and
improvements taken or improvements to the
remaining Section 4(f) site equal to the fair
market value of the land and improvements taken.
O Additional or alternative mitigation measures as
determined necessary based on consultation with
the officials having jurisdiction over the parkland,
recreation area, or wildlife or waterfowl refuge.
3. A discussion of specific mitigation measures is provided as follows:
The existing restroom building and sewer system will be removed and site will be restored
to its natural condition as part of the "Special Use Permit".
Note: Any response in a box requires additional information prior to approval.
Consult Nationwide 4(f) evaluation.
COORDINATION
The proposed project has been coordinated with the following (attach correspondence):
a. Officials having jurisdiction over the Section 4(f) Land X
b. Local/State/Federal Agencies X
c. US Coast Guard (for bridges requiring bridge permits)
d. DOI, if Section 6(f) lands are involved
SUMMARY AND APPROVAL
The project meets all criteria included in the programmatic 4(f) evaluation approved on December
23, 1986.
All required alternatives have been evaluated and the findings made are clearly applicable to this
project. There are no feasible or prudent alternatives which avoid use of the Section 4(f) land.

The project includes all possible planning to minimize harm, and there are assurances that the
measures to minimize harm will be incorporated in the project.
All appropriate coordination has been successfully completed.
APPROVED:
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Date Manager, Facilities Management Bran h, NCDOT
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Da e? ision dministrator, FHWA