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HomeMy WebLinkAbout20211483 Ver 1_USA15-5700-029 Park Signed NCDOT Amendment 3 Bonner Bridge Demolition_20211011 NPS Form 10-114(Rev.01/2017) National Park Service NT op ry SPECIAL USE PERMIT .y NATIONAL ARK Outer Banks Group: ` Y1 SERVICE Cape Hatteras NS, Fort Raleigh NHS, &Wright Brothers NMEM 1401 National Park Drive �4RCH 3,' Manteo, NC 27954 (252)475-9034 caha_special_use_permits@nps.gov Name Park Alpha Code Paul Williams, Environmental Specialist CAHA Company/Organization Type of Use North Carolina Department of Transportation (NCDOT) Use of Special Area Street Address Permit# USA15-5700-029 113 Airport Dr. Herbert C. Bonner Bridge Replacement and Demolition Amendment 3-Extension of Permit City State Zip Code Country Edenton NC 27932 USA Telephone Number Cell Phone Number 252-482-1861 252-333-9812 Fax Number Email Address PcwilliamsZjc�ncdot.gov is hereby authorized to use the following described land or facilities in Cape Hatteras National Seashore: within the Right-of-Way Easement granted by the National Park Service to the North Carolina Department of Transportation by separate instrument entitled Highway Easement Deed for NCDOT Highway Project TIP B-2500 (Phase 1) (HED) and within the so-called Released Easement area described in the HED, Exhibit D as the current right-of-way for the now existing Bonner Bridge and NC Highway 12 facility at Oregon Inlet, Dare County, North Carolina. The area must be restored to its original condition at the end of the permit. The permit begins at 12:01 ® am/ ❑pm on 09/14/2020. The permit expires at 11:59 ❑ am/ M pm on 12/31/2021. SUMMARY OF PERMITTED ACTIVITY: (see attached sheets for additional information and conditions) This amendment of the attached permit, USA15-5700-029, and amendments 1 and 2, extends the date of the original permit to now expire on December 31, 2021. Person on site responsible for adherence to the terms and conditions of the permit(include contact information) Paul Williams See Above Authorizing legislation or other authority 36 CFR: Chapter 1,Part 1.6,2.50&Part 14 El Received Amount APPLICATION FEE ® Not Required $ 0 El Amount PERFORMANCE BOND M Not Required $ 0 LIABILITY INSURANCE M Required Amount ❑ Not Required See Condition 9 COST RECOVERY ❑ Required Amount M Not Required $ 0 LOCATION FEE ElRequired Amount ® Not Required $ 0 ISSUANCE of this permit is subject to the attached conditions.The undersigned hereby accepts this permit subject to the terms,covenants, obligations,and reservations,expressed or implied herein. NPS Form 10-114(Rev.01/2017) National Park Service NT op ry SPECIAL USE PERMIT .y NATIONAL ARK Outer Banks Group: ` Y1 SERVICE Cape Hatteras NS, Fort Raleigh NHS, &Wright Brothers NMEM 1401 National Park Drive �4RCH 3,' Manteo, NC 27954 (252)475-9034 caha_special_use_permits@nps.gov R.LK� 4�2 Title: Environmental Officer Date:8/26/2021 PERMITTEE Signature MARK Digitally signed by MARK DOWDLE Date: 2021.08.25 21:02:08 D O W D L E -04'00' Title: Deputy Superintendent Date: Authorizing NPS Official CONDITIONS OF THIS PERMIT Failure 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. NPS Form 10-114(Rev.01/2017) National Park Service NT OR ry SPECIAL USE PERMIT .y NATIONAL ARK Outer Banks Group: ` Y1 SERVICE Cape Hatteras NS, Fort Raleigh NHS, &Wright Brothers NMEM 1401 National Park Drive �4RCH 3,' Manteo, NC 27954 (252)475-9034 caha_special_use_permits@nps.gov 9. Permittee agrees to carry general liability insurance against claims occasioned by the action or omissions of the permittee, its agents and employees in carrying out the activities and operations authorized by this permit. The policy shall be in the amount of$5,000,000 Five Million Dollars per Occurrence, and general Aggregate and underwritten by a United States company naming the United States of America as additional insured. The permittee agrees to provide the Superintendent with a Certificate of Insurance with the proper endorsements prior to the effective date of the permit. 10. Permittee agrees to deposit with the park a bond in the amount of$ 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. Cape Hatteras National Seashore Special Park Conditions Bonner Bridge Demolition 15. Fees will be waived In Accordance With 36 CFR Part 14.22 Reimbursement of costs. (a)(1)An applicant for a right-of-way or a permit incident to a right-of-way shall reimburse the United States for administrative and other costs incurred by the United States in processing the application, including the preparation of reports and statements pursuant to the National Environmental Policy Act(42 U.S.C. 4321-4347), before the right-of- way or permit will be issued under the regulations of this part. (2)The regulations contained in this section do not apply to: (i) State or local governments or agencies or instrumentalities thereof where the lands will be used for governmental purposes and the lands and resources will continue to serve the general public; (ii) road use agreements or reciprocal road agreements; or(iii) Federal government agencies. ST�7E. 05 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER J.ERIC BOYETTE GOVERNOR SECRETARY August 19,2021 Deputy Superintendent Mark Dowdle U.S. DOI,NPS, Outer Banks Group Cape Hatteras National Seashore 1401 National Park Drive Manteo,NC 27954 Subject: NPS Special Use Permit USA15-5700-029 B-2500 Herbert C. Bonner Bridge Replacement and Demolition Amendment Request for Expiration Date Extension Dear Mr. Dowdle, The NC Department of Transportation(NCDOT)requests an amendment to NPS Special Use Permit USA15-5700-029 for the replacement and demolition of the Herbert C. Bonner Bridge over the Oregon Inlet in Dare County,NC. The SUP expires September 13, 2021. On April 14,2021, Span 145 of the Bonner Bridge collapsed shortly after the girders of the adjacent span were removed. This unexpected event resulted in the death of a contract worker on the project and delayed the demolition operation for the Bonner Bridge. Due to this incident and delay,the project will not be completed by the current expiration date on the SUP. NCDOT requests an amendment of the SUP to extent the expiration date to December 31,2021, for the contractor to complete the project. If you have any questions,please contact me at pcwilliams2kncdot. og_v or(252) 482-1861. Please use WBS #32635.1.4 for any permit fees that may be required. Sincerely, Sterling Baker,P.E. DivisionA441 One Engineer Paul Williams Division One Environmental Officer Mailing Address: Telephone:(252)482-1850 Location: NC DEPARTMENT OF TRANSPORTATION Fax:(252)482-8722 113 AIRPORT DRIVE,SUITE 100 DIVISION ONE Customer Service: 1-877-368-4968 EDENTON,NC 27932 113 AIRPORT DRIVE,SUITE 100 EDENTON,NC 27932 Website:www.ncdot.gov UNITED STATES DEPARTMENT OF THE INTERIOR National Park Service Form 10-114 Outer Banks Group Pagc 1 of 9 Special Use Permit Name Richard W.Hancock,P.E. Park Alpha CAHA Organization North Carolina Department of Transportation Type of Use: Use of Specified Area Address Raleigh,NC Permit No.: USA15 5700 029 Telephone No. is hereby authorized to use the following described land or facilities in the above named area: within the Right-of-Way Easement granted by the National Park Service to the North Carolina Department of Transportation by separate instrument entitled Highway Easement Deed for NCDOT Highway Project TIP B-2500(Phase 1)(HED)and within the so called Released Easement area described in the HED,Exhibit D as the current right-of-way for the now existing Bonner Bridge and NC Highway 12 facility at Oregon Inlet,Dare County,North Carolina. The permit begins at on 12:00:00 AM Date of issue The.permit expires at on 12:00:00 PM Five(5)years from the Date of issue SUMMARY OF PERMITTED ACTIVITY: (See attached sheets for additional information and conditions) The"Project"which consists of constructing the highway and bridge structure known as B-2500(Phase 1)on the NC Highway 12 corridor within the park at and near Oregon Inlet followed by the demolition of the existing Bonner Bridge,and restoration of park area as required by this permit,all according to the plans,letters,drawings and documents("Plans")furnished by the Permittee to the Park in support of its application for this permit. Person on-site responsible for adherence to the terms and conditions of this permit:NCDOT Division 1 Resident Engineer Pablo Hernandez(or successor) Authorizing legislation or other 36 CFR:Chapter 1 Part 1.6,2.50&Part 14 i NEPA Compliance: Categorically Excluded EA/FONSI FEIS/EA XXXX PEPC#13720 Other APPLICATION Received Not Received Amount $0.00 PERFORMANCE Not Required Not Required Amount $0.00 LIABILITY INSURANCE: Required Not Required, Amount $5,000,000.00 COST RECOVERY: Required Not Required Amount $700,000.00 FACILITY USE Required Not Required Amount $0.00 LOCATION Required Not Required Amount $0.00 ISSUANCE of this permit is subject to the attached conditions. The undersigned hereby accepts this permit subject to the terms,covenants,obligations,and reservations,expressed or implied. P ERM ITTE E tii�nanire 'Title tJtsle f AuthorizingNI'S Official - Signalurc 5uperintenJenl flare �'i1 JI5 PARK Construction of a Replacement for Existing Bonner Bridge Demolition of Existing Bonner Bridge Design-Build Project TIP B-2500 (Phase I) Permitting Agency: Cape Hatteras National Seashore,National Park Service(Park) Permitted Agency: North Carolina Department of Transportation (Permittee) CONDITIONS OF THE PERMIT l. 'The Permittee(herein defined to include its employees, agents, contractors and subcontractors) 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. 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 termination of the permit. 3, 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. 4. The Permittee is responsible for contacting all other Federal, State, and local agencies to secure required inspections,permits, licenses, and authorization before proceeding under this permit. The Permittee will provide copies of all such documents upon the request of the Superintendent. 5. Failure to comply with any of the terms and conditions of this permit may result in the immediate suspension or revocation of the permit. All costs associated with clean up or damage repairs in conjunction with a terminated permit will be the responsibility of the Permittee. 6. This permit may be revoked at the discretion of the Superintendent upon 24 hours notice, or without notice if damage to natural or cultural resources or facilities occurs or is threatened,notwithstanding any other term or condition of the permit to the contrary. 7. This permit shall be subject to the express covenant that it may be modified, adapted, or discontinued if found by the Superintendent to be necessary,without liability or expense to the United States, so as not to conflict with the use and occupancy of the land for any authorized works which may be hereafter constructed thereon under the authority of the United States. 8. Subject to paragraph 9 below, this agreement 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,employees, contractors or third parties,from any cause or causes whatsoever while in or upon said premises or any part thereof during the teem of this agreement or occasioned by any occupancy or use of said premises or any activity carried on by the permittee in connection herewith. 9. The parties hereto acknowledge that both are executive branch agencies of their respective sovereigns and each has no authority to indemnify the other. However, the Permittee agrees that it shall be liable for its actions and the actions of its officers,employees, involuntary servant, or agent of the State to the extent allowable under the North Carolina"Tort Claims Act and the Park agrees that it shall be liable for its actions, and the actions of its employees,to the extent allowable under the Federal Tort_Claims Act. Permittee further agrees to rebuild, repair, or otherwise restore any lands or property of the United States which may be damaged by NCDOT/Permittee in the course of activities permitted. 10. The Permittee shall require that its general contractor, sometimes known as the"Design-Build Team," at its 2 sole cost and expense, to obtain and furnish to the park an original standard ACORD form certificate of insurance evidencing commercial general liability with a limit for bodily injury and property damage in the amount of Five Million Dollars ($5,000,000.00) per occurrence and general aggregate,covering the Design-Build Team from claims for damages for bodily injury,personal injury, or for property damages which may arise from operating under the contract by the employees and agents of the Design-Build Team and naming the United States of America and the Park as an additional insured on such commercial general liability insurance. The required limit of insurance may be obtained by a single general liability policy or the combination of a general liability and excess liability or umbrella policy. 11. The Permittee and the Park have agreed that, in lieu of cost accounting the recoverable cost incurred by the Park under law, the Permittee will pay the annual cost(paid annually in advance to the Park)to provide a GS-11 employee solely representing the Park and such other permitting agencies requesting representation I and approved by the Park whose main responsibilities will include:being the point of contact(POC)for the Park under this permit; and providing the daily monitoring of the Permittee's compliance with the terms and conditions of this Permit in its daily construction activities, operations,maintenance,protection and + rehabilitation of the lands and resources involved through the completion and cessation of the construction of TIP B-2500 and decommissioning of the original Bonner Bridge. Such costs shall include the burdened salary rates (benefit included) for the POC, including wages and overtime, other benefits such as vacation, retirement,health care, and authorized operational costs necessary to support the POC such as office space, office supplies, service equipment, travel, vehicle costs,training and computer costs. 12. The person named'on page one of the permit as in charge of the permitted activity shall be the Permittee's point of contact(POC) for the Park. All Project issues, concerns and proposals that arise at the construction, demolition or restoration sites shall be communicated to the Park's POC by the Permittee's POC or his/her designees as identified in writing to the Park. All of the Permittee's contractors, subcontractors,and agents will direct their inquiries and communications for the Park to the Permittee POC. Park communication for the Permittee's contractors, subcontractors, and agents shall likewise be through the Permittee's POC. 13. The Permittee must immediately notify the Park's POC and the Bodie Island District Ranger(District Ranger)252-475-8319 in the event of any accident or emergency. IN THE EVENT OF AN EMERGENCY CALL 911 FIRST, 14. As a condition of acceptance of this permit by the Permittee and pursuant to 41 U.S.C. § 22,"No Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into,or accepted by or on behalf of the United States, or to any benefit to arise thereupon." 15.Nothing herein contained shall be construed as binding the Park to expend in any one fiscal year any sum in excess of appropriations made by Congress or administratively allocated for the purpose of this Agreement for the fiscal year,or to involve the Park in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations. 16. This permit may not be transferred or assigned without the prior written consent of the Superintendent. 17. The Park's Cultural Resource Program Manager will be notified during construction of the presence of culturally significant objects or structures. Operations shall not injure, alter, destroy, or collect any object, structure, or site of historical, archeological, or cultural value. Should construction unearth previously undiscovered archeological resources, work will be stopped in the area of any discovery. The Permittee shall immediately contact the Park's POC. The Park will consult with the State historic Preservation Officer and the Advisory Council on historic Preservation (ACHP), as necessary, according to 36 CFR 800.13, Post Review Discoveries. In the unlikely event that human remains are discovered during construction, provisions outlined in the Native American Graves Protection and Repatriation Act(1990)will be followed as appropriate. 18. The Permittee will exercise particular care not to disturb or destroy wildlife and vegetation while inside 3 boundaries of the Park. Any activity, not otherwise addressed in this Pen-nit that adversely impacts visitors,wildlife,or vegetation can only be done with the consent of the Superintendent after consultation with the Park and implementation of mitigations measures by the Permittee. For consultations, contact the Park's POC. 19. The Permittee's vehicles and equipment must not interfere with or impede routine visitor traffic or use of park resources in any manner other than permitted hereunder. Equipment utilized during the Project shall be strategically placed and operated as to avoid damage to ocean side dunes and/or marsh habitat unless otherwise permitted. Equipment will not be permitted to operate from or on the ocean beach for any non- emergency activities. 20. All construction shall occur within: (1)the proposed B-2500 (Phase I)right-of-way easement of 100 feet; (2)the Temporary Construction Easement(TCE) shown on plans already provided to the Park; (3) the existing 100-foot right-of-way for NC Highway 12 and the Bonner Bridge; and (4)the gore area between the old and new right-of-ways as delineated on Exhibit"G"to the HED,until completing the demolition and removal of the existing Bonner Bridge and all necessary restoration work. Forty-five days before the commencement of any on-the-ground work for the Project, the Permittee will cause the rights-of-way and easements to be"staked"with five-foot high markers bearing red ribbon 75 feet apart beginning at the northern edge of Oregon Inlet(on land reasonably accessible by foot or vehicle)to 1,000 feet north of the entrance to the Park's campground for said rights-of-way which will identify the authorized work corridor (also known as the construction limits or site)within which the Permittee may operate. Lost or missing stakes shall be continually replaced until the Project is completed. The only items that will be allowed within the rights-of-way and easements will be equipment and materials necessary for ongoing work at that time. No unused equipment or material will be left in the area for extended durations. All material and equipment not in use at the site will be staged only in designated staging areas are approved by the Park. 21. Within the construction limits described above, appropriate measures will be taken to minimize damage or disturbance of vegetation and soil. The disturbed areas will not be re-seeded unless required by the Superintendent with the exception of the road shoulder. A meeting between the Permittee and Park representatives must occur on-site to review and approve materials and acceptable plant species prior to planting vegetative cover on the road shoulder. 22. During the relocation of any waterline,flushing of chlorine sterilizing solution is permitted on parkland provided that dechlorinators are utilized. Groundwater pumped during the permitted activity must be discharged in compliance with all applicable laws. Any discharge allowed beyond the construction limits must be accomplished by hand. Specifically, discharge pipes will be laid and removed by hand, and motorized equipment may not be used outside of construction limits. The specific location of any water discharge pipe shall be negotiated and approved in advance during an on-site meeting between the Permittee and Park representative. 23. The Permittee must rebuild and repair such roads, fences, bulkheads, boardwalks and trails as may be destroyed or damaged by construction or demolition work and must build,rebuild and maintain necessary and suitable crossings for all roads and trails that intersect with the construction permitted by this Permit. 24. The Permittee must properly dispose of all refuse generated by the permitted activity. Site cleanup will be ongoing on a daily basis. Proper and prompt disposal of trash and rubbish is required. Clean-up to the satisfaction of the Park is the responsibility of the Permittee. 2.5. The Park's POC shall be notified in writing no less than thirty (30) days prior to the start of initial construction on Park lands. An on-site meeting will be conducted immediately prior to the start of construc- tion between representatives of the Park, the Permittee's construction/maintenance supervisor, and contractor representatives to determine and clarify the scope of the Project and any requirements of the Park. The Permittee's construction/maintenance supervisor will contact the District Ranger on the morning of the first and last day of work, advising the location and extent of work crews and equipment in the Park. 26. The Permittee and its contractors/subcontractors will coordinate with Park staff to reduce disruption of 4 normal park activities. At least 48-hours prior to the arrival of heavy construction equipment to the construction lit-nits, contractors will notify the Park's POC and District Ranger to minimize traffic delays that may occur•as trailers carrying equipment turnoff Highway 12 or access other areas of the Park. 27. No permanent buildings, portable buildings, sheds, or trailers will be permitted at any staging area other than(i)the staging areas authorized by the U.S. Fish &Wildlife and (ii) the proposed bridge deck as it is constructed. No workers or visitors will be housed or allowed to camp in the Park. f 28. The erosion control devices as depicted in the approved NCDOT Erosion Control Plans shall be installed before any construction activity occurs and then removed upon completion of the Project. The Park will be provided copies of the initial Release for Construction(RFC) Clearing& Grubbing Plans and Final Grade Erosion Control Plans, and be given access for review of the red-lined"living"versions that are maintained on-site by the Permittee's contractor. 29. The Permittee and any of its contractors or sub-contractors shall comply with all State of North Carolina, Department of Environment and National Resources, applicable federal and Park rules and regulations during construction, demolition and restoration including, but not limited to,the handling and storage of fuel,oil, and other liquids. All leaks and spills of fuel,oil, chemicals, and hazardous materials shall be reported immediately to the Park's POC, District Ranger and an appropriate response team provided by Permittee or its contractor. The Permittee will have a response plan in place and keep it its personnel I trained in the proper response to all spills. A copy of the plan will be provided to the Park's POC. 30. The Permittee shall provide not less than ten days advance notice to the Park's POC of the proposed transportation of hazardous materials, as defined by the US Environmental Protection Agency, into the Park. €. Such notice will be provided in writing and electronically by email, identifying the product or substance,the shipper,the estimated date of arrival, the vehicle or vessel, and the point of arrival. Also to be included will be the location of the proposed site for storage and use and the estimated duration of storage and use within the Park. 31. The Permittee will provide all traffic control at the site during the term of this permit. All traffic control measures are subject to coordination with the Park's POC and District Ranger. The Park approves the current schedule of closures as outlined in Special Provisions,page 191 and 192 of the B-2500(Phase I) contract executed August 5, 2011, Traffic Management Scope of Work. The Intermediate Contract Time 42 for road closures will also be allowed for occasional material deliveries by the Design Build Team as approved in their Alternative Technical Concept#10. From time to time,the approved schedules of closure may require revision(s) which must be mutually acceptable to the Park and the Permittee. The Permittee kwill provide adequate advanced notice to the Park's POC and District Ranger of all scheduled closures. 32. This Permit does not authorize exclusive use of any public lands. The Permittee shall insure to the fullest practicable extent that the rights of the public visiting Cape Hatteras National Seashore will not be infringed upon by this activity. Pcrmittec is required to maintain safe access to visitors to the Park's beaches and waters. Contractors/subcontractors will be informed about the special sensitivity of park values,regulations, and appropriate grounds maintenance during construction periods. 33. Work crews will be courteous to visitors and refer visitor inquires to the appropriate Park or Permittee (or contractor/subcontractor) supervisory personnel so that the inquiry is answered promptly. Flaggers and traffic control personnel shall be instructed as to the proper interaction with visitors. 34. All injuries to Park employees, construction workers or visitors and property damage must be reported to the Park's POC, The Pcrmittec must assist in any investigations pertaining to injuries,property loss, or activities occurring at the site and associated with the Project. 35. All construction vehicles will be pressure cleaned with water prior to arriving at and departing from the construction site to minimize the potential for introducing exotic plant species. North Carolina Highway 12 will be kept clean and free from debris associated with Project activities. 36. Safety fences and signs wil I exclude Park visitors from construction and access areas, and other appropriate signage will provide general information to the public about the Project. The Permittee will maintain fences 5 and signs in good repair during the Project and will promptly remove them following completion of the Project. 37. From May 1 through November 15, all lighting associated with the Project shall be limited to the immediate area of active construction only and shall be the minimal lighting necessary to comply with safety requirements. Only lights approved in the Biological Opinion and subsequent Section 7 consultations are required to minimize illumination of the nesting beach and.nearshore waters. Lighting on offshore equipment shall be minimized through reduction, shielding, lowering, and appropriate placement of lights to avoid excessive illumination of the water, while meeting all 1J.S. Coast Guard and Occupational Safety and Health Administration requirements. Shielded low pressure sodium vapor lights are highly recommended for lights on offshore equipment that cannot be eliminated,but any lighting type listed in the Biological Opinion or approved at subsequent Section 7 consultations may be used. 38. The U.S. Fish and Wildlife Service, at the request of the U.S. Army Corps of Engineers,the Federal Highway Administration or the Permittee, has issued Biological. Opinions (BOs)from time to time pertaining to the Project, the maintaining of navigable channels and/or highways at Oregon Inlet and other similar matters. While operating under this permit, the Permittee is required to fully comply with all terms and conditions of any BOs applicable to its work and operations in the Park. 39. An agreement between the Permittee and the Park has been implemented regarding a mitigation plan for wetlands disturbed or eliminated as a result of the Project. It is agreed by the Permittee that the mitigation plan will by this reference,be incorporated herein as if fully rewritten here. It is further agreed by the Permittee that all environmental compliance requirements incumbent on the Park pursuant to such mitigation will be accomplished by the Permittee at its expense,to the satisfaction of the Park and that the mitigation will be scheduled or well underway before construction commences under this Permit or be implemented under a schedule otherwise agreed to between the Permittee and the Park based on site conditions after the start date of this Permit. 40. The Permittee and the Park agree that upon completion of the Project,the Permittee shall restore all Park land affected by the Project to the entire satisfaction of the Superintendent as set out in Paragraph 51 below before the Park executes and delivers to the Permittee a final Highway Easement Deed, which will convey a non-exclusive easement for highway purposes. The Permittee and the Park agree that, during and/or at the conclusion of the Project, written modifications and corrections may be made to the HED to reflect"as built" dimensions or other changes agreed to by both parties. 41.The Park and the Permittee have considered the Project's possible impacts on the septic facilities/treatment field currently serving the Oregon Inlet Fishing Center and the waste station. The Permittee believes that it can avoid impacting the septic waste system, thereby avoiding the need to relocate the system. However, the Permittee agrees that if during the Project it does in fact impact the septic waste system, then the Permittee will immediately restore the system to full operational capacity and maintain such system fully operational until the Permittee can relocate the septic facilities/treatment field and waste station to a site acceptable to the Park at the Permittee's expense. It is further agreed by the Permittee that all environmental compliance requirements incumbent on the Park related to such relocation will be accomplished by the Permittee at its expense and to the satisfaction of the Park. The limits for the septic facilities/treatment field are considered to be as previously delineated in the field and as shown on plans provided to the Park by the Permittee. The septic facilities/treatment Geld will be staked by the Permittee 45 days before commencement of'on-the-ground work on the Project. 42. For the duration of the Project, the Permittee will provide a boat and operator to allow the Park's staff to monitor breeding and overwintering protected species on federal lands adjacent to the B-2500 (Phase l) bridge replacement project. The Permittee will provide this service when requested, but no more than once per week at pre-agreed times for up to two hours per trip. Park staff will be transported as close to the subject areas as possible but due to shallow conditions some wading may be necessary. 43. The Permittee will provide an additional motor vehicle/pedestrian ramp access frorn Highway 12 or the 6 modification to an existing ramp to the ocean beach north of Ramp 4 to mitigate impact on visitors' access to the beach caused by the Project. The National Park Service will choose the location of the ramp and has generated the appropriate environmental document, and Environmental Analysis dated June 2013. The Permittee will consult with the Park before beginning design of ramp and adjacent parking lot which designs and resulting plans must be.approved by the Park as consistent in design and construction to other existing Park ramps and parking lots. Permittee will acquire the appropriate permits, and will construct the access ramp and parking lot. It is further agreed by the Permittee that any additional environmental compliance related to such access ramp and parking lot will be accomplished by the Permittee at its expense and to the satisfaction of the Park. Ramp 4 vehicular access shall be maintained at all times. 44. If Permittee's activities under this Permit disturb or may disturb park resources or impede visitors' enjoyment of the Park as determined by the Park, in a manner not already environmentally compliant(that is j permitted and analyzed under NEPA),the Permittee will be responsible for satisfying any Park requirements for environmental compliance, including, but not limited to environmental analysis, documentation and permitting and will take necessary steps to mitigate or terminate such activities and the resulting impacts The resources and costs required to accomplish these requirements shall be borne by the Permittee. 45. The Park publishes annually its Hurricane Plan which outlines the steps to be taken by the Park and its concessioners and permit holders under certain storm events designated"Incidents." The Permittee and its contractors,subcontractors and agents must review the plan when issued, abide by its terms and conditions during an Incident, and follow all directives issued by the Incident Command. During an evacuation of the Park,the Permittec will assist the hicident Commander in carrying out the Hurricane Plan and will involve its contractors, subcontractors, and agents as necessary. 46.To the extent that work undertaken under this Permit is performed by persons or entities other than the Permittee's employees or those under direct charge of the Design Build Team,the Permittee shall require such person or entity to: • Fully comply with the terms and conditions of this Permit. • Procure public and employee liability insurance from a responsible company or companies with an aggregated limitation of Three Million Dollars ($3,000,000) for any number of claims arising from any one incident. The policies shall name the United States as an additional insured, shall specify that the insured shall have no right of subrogation against the United States for payments of any premiums or deductibles due thereunder, and shall specify that the insurance shall be assumed by,be for the account j of, and be at the insured's sole risk. Prior to beginning the Project authorized herein and annually thereafter, the Permittee shall provide the Park written confirmation of such insurance coverage. • Pay the United States the full value for all damages to the lands or other property of the United States caused by the said person or organization,its representatives,or employees. • Indemnify, save and hold harmless;and defend the United States against all fines, claims, damages, losses,judgments, and expenses arising out of, or from, any omission or activity of the said person or organization, its representatives, or employees. 47. Mining and/or removal of natural substances such as sand and gravel is prohibited. Digging,excavation work, and fill work during the construction process, other than that shown on the approved construction plans,will only be permitted with the express written consent of the Superintendent under a plan developed and written by the Permittee and approved by the Superintendent. 48. The Permittee shall abide by and ensure that all personnel at the site abide by the rules and regulations of the Park now existing or subsequently promulgated and pertaining to the Cape Hatteras National Seashore. 49. The Permittee agrees to do everything reasonably within its power, both independently and on request of the Superintendent, including making available such construction and maintenance forces as may be reasonably obtainable, to prevent and suppress fires resulting from the Permittee's activities, materials or equipment on and adjacent to the site. 50. That in the construction, operation, and maintenance ofthe project, the permittee shall not discriminate 7 r against any employee or applicant for employment because of race, creed, color, or national origin and shall require an identical provision to be included in all contracts and subcontracts pertaining to the project. 51. Upon the completion of the construction of the new bridge NCDOT Highway Project TIP B-2500 (Phase 1), the permittee shall decominission the construction site,remove all trash,equipment and materials not necessary for the decommissioning of the original Bonner Bridge, and restore the area to parkland. Restoration of the site will include, but not be limited to; grading,smoothing, filling, and restoring native vegetation. Simultaneous with such restoration,the Permittee will begin the demolition of the original Bonner Bridge according to plans approved by the Park(Demolition Plans)and shall restore the site to parkland with compatible landscaping to the entire satisfaction of the Superintendent or his designee. Except for the portion of the existing bridge which will remain after the Project as a remnant, all bridge and highway structures, substructures, improvements, and man-made surfaces shall be removed to the extent practicable and as outlined in the Demolition Plans. Restoration of any damaged areas will include but not be limited to: grading, smoothing,filling, and restoring native vegetation. Restoration shall attain conditions in the subject areas that are equivalent to natural, undisturbed conditions. As part of its restoration program,the Permittee will conduct a hazardous materials site survey and be responsible for any associated clean-up or mitigation costs and actions as a result of such survey. 52. Following such deconstruction and restoration,the NCDOT and/or the State of North Carolina shall release to the United States of America(or a designated agency thereof) any and all further use and interest in the easement identified as "Released Easement"in the HED referenced above in Paragraph 40. This Permit may be revoked at the discretion of the Superintendent without compensation to the Permittee or liability to the United States. 8 NIPS Fonn 10-114(Rev.01/2017) National Park Scrvicc �AY � ,[•YI[[ F `•'� SPECIAL USE PERMIT Outer Banks Group: Cape Hatteras INS, Fort Raleigh NHS, &Wright Brothers NMEM 1401 National Park Drive Manteo, NC 27954 (252)475-9034 caha_special_use_permits@nps.gov Name Park Alpha Code Paul Williams, Environmental Specialist CAHA CompanylOrganization Type of Use North Carolina Department of Transportation(NCDOT) Use of Special Area Street Address Permit# USA15-5700-029 113 Airport Dr. Herbert C. Bonner Bridge Replacement and Demolition Amendment 1 Removal of Bents 88-102 City State Zip Code Country Edenton NC 27932 USA Telephone Number Cell Phone Number 252-482-1861 252-333-9812 Fax Number Email Address Pcwi 11 iam s2Qncd ot.gav_ is hereby authorized to use the following described land or facilities in Cape Hatteras National Seashore: within the Right-of-Way Easement granted by the National Park Service to the North Carolina Department of Transportation by separate instrument entitled Highway Easement Deed for NCDOT Highway Project TIP B-2500 (Phase 1)(HED)and within the so-called Released Easement area described in the HED, Exhibit D as the current right-of-way for the now existing Bonner Bridge and INC Highway 12 facility at Oregon Inlet, Dare County, North Carolina. The area must be restored to its original condition at the end of the permit The permit begins at 12:01 ® am/ ❑pm on 02/06/2020. The permit expires at 11:59 ❑ am/ ® pm on 09/13/2020. SUMMARY OF PERMITTED ACTIVITY: (see attached sheets for additional information and conditions) The amendment of the attached permit, USA15-5700-029 Condition 51,for the demolition of the Bonner Bridge referencing the piling extraction method. The North Carolina Department of Transportation (NCDOT) requests a modification of the above referenced permit due to pile extraction methodology changes related to the demolition of the existing Herbert C. Bonner Bridge(Bonner Bridge). NCDOT is proposing pile extraction methodology changes between Bonner Bridge Bents 88-102 using a clean-cut method at the mud line. Person on site responsible for adherence to the terms and conditions of the permit(include contact information) Paul Williams See Above Authorizing legislation or other authority 36 CFR: Chapter 1,Part 1.6,2.50&Part 14 ❑ Received Amount APPLICATION FEE ® Not Required $ 0 PERFORMANCE BOND ❑ Required Amount ® Not Required $ 0 LIABILITY INSURANCE ® Required Amount ❑ Not Required See Condition 9 COST RECOVERY ❑ Required Amount NPS Form 10-1 14(Rev.01/2017) Nulional Park Survicu Yl14ygAi' � . MXr .a: SPECIAL USE PERMIT Outer Banks Group: Cape Hatteras NS, Fort Raleigh NHS, &Wright Brothers NMEM 1401 National Park Drive Manteo, NC 27954 (252.)475-9034 caha_special_use_permits@nps.gov ® Not Required $ 0 LOCATION FEE ❑ Required Amount ® Not Required $ 0 ISSUANCE of this permit is subject to the attached conditions.The undersigned hereby accepts this permit subject to the terms,covenants, obligations,and reservations,expressed or implied herein. Oo¢u5{gnarl by: � ¢ Title: Environmental officer Date: 2/7/2020 11E-RMITTEE Signatur H1703002941F47E... rla v_! Title:Deputy Superintendent Date Authorizing Authorizing PS a# 777 CONDITIONS OF THIS PERMIT Failure 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 NPS Form 10-114(RaV.01/2017) National Park Sovicc 4lYICs N— y M' SPECIAL USE PERMIT Outer Banks Group: Cape Hatteras NS, Fort Raleigh NHS, &Wright Brothers NMEM 1401 National Park Drive Manteo, NC 27954 (252)475-9034 caha_special_use_permits@nps.gov 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 to carry general liability insurance against claims occasioned by the action or omissions of the permittee, its agents and employees in carrying out the activities and operations authorized by this permit. The policy shall be in the amount of$5,000,000 Five Million Dollars per Occurrence, and general Aggregate and underwritten by a United States company naming the United States of America as additional insured. The permittee agrees to provide the Superintendent with a Certificate of Insurance with the proper endorsements prior to the effective date of the permit. 10. Permittee agrees to deposit with the park a bond in the amount of$ 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. Cape Hatteras National Seashore Special Park Conditions Bonner Bridge Demolition 15. Pile extraction method for Bents 88 to 102 are permitted to be clean cut at the mud-line due to shallow water depth preventing jetting out of the pilings. If, in the future, the piling(s) become exposed presenting a physical hazard, danger or threat or visually impacts the viewshed it is the responsibility of NCDOT to correct the deficiency of maintaining the piling(s)at the mudline to the satisfaction of the park superintendent or their designee. 16. Fees will be waived In Accordance With 36 CFR Part 14.22 Reimbursement of costs. (a)(1)An applicant for a right-of-way or a permit incident to a right-of-way shall reimburse the United States for administrative and other costs incurred by the United States in processing the application, including the preparation of reports and statements pursuant to the National Environmental Policy Act(42 U.S.C. 4321-4347), before the right-of- way or permit will be issued under the regulations of this part. (2)The regulations contained in this section do not apply to: (i) State or local governments or agencies or instrumentalities thereof where the lands will be used for governmental purposes and the lands and resources will continue to serve the general public; (ii) road use agreements or reciprocal road agreements; or(iii) Federal government agencies. � ] 1 ;. • y 1 • I J h � � � 1 I: c • � ': I F I � � 3 3 .I '� �. . � � t � .. 1 i � , - 1 1 I i e f r � i t NPS Form 10-114(Rev.01/2017) National Park Service Q4N,gNT OF phi NATIONAL - �y PARK SERVICE C 14 • 7 SI gRCN 3,+8 SPECIAL USE PERMIT Outer Banks Group: Cape Hatteras NS, Fort Raleigh NHS, &Wright Brothers NMEM 1401 National Park Drive Manteo, NC 27954 (252)475-9034 caha_special_use_permits@nps.gov Name Park Alpha Code Paul Williams, Environmental Specialist CAHA Company/Organization Type of Use North Carolina Department of Transportation (NCDOT) Use of Special Area Street Address Permit# USA15-5700-029 113 Airport Dr. Herbert C. Bonner Bridge Replacement and Demolition Amendment 2-Extension of Permit City State Zip Code Country Edenton NC 27932 USA Telephone Number Cell Phone Number 252-482-1861 252-333-9812 Fax Number Email Address Pcwilliams2(cD.ncdot.gov is hereby authorized to use the following described land or facilities in Cape Hatteras National Seashore: within the Right-of-Way Easement granted by the National Park Service to the North Carolina Department of Transportation by separate instrument entitled Highway Easement Deed for NCDOT Highway Project TIP B-2500 (Phase 1) (HED) and within the so-called Released Easement area described in the HED, Exhibit D as the current right-of-way for the now existing Bonner Bridge and NC Highway 12 facility at Oregon Inlet, Dare County, North Carolina. The area must be restored to its original condition at the end of the permit. The permit begins at 12:01 ® am/ ❑pm on 09/14/2020. The permit expires at 11:59 ❑ am / ® pm on 09/13/2021. SUMMARY OF PERMITTED ACTIVITY: (see attached sheets for additional information and conditions) This amendment of the attached permit, USA15-5700-029, extends the date of the original permit 1 year to now expire on September 13, 2021. Person on site responsible for adherence to the terms and conditions of the permit (include contact information) Paul Williams See Above Authorizing legislation or other authority 36 CFR: Chapter 1,Part 1.6,2.50&Part 14 ❑ Received Amount APPLICATION FEE ® Not Required $ 0 PERFORMANCE BOND ❑ Required Amount ® Not Required $ 0 LIABILITY INSURANCE ® Required Amount ❑ Not Required See Condition 9 COST RECOVERY ❑ Required Amount ® Not Required $ 0 LOCATION FEE ❑ Required Amount 0 Not Required $ 0 NPS Form 10-114(Rev.01/2017) National Park Service Q4N,gNT OF phi NATIONAL - �y PARK SERVIcE C 14 • 7 SI gRCN 3,+8 SPECIAL USE PERMIT Outer Banks Group: Cape Hatteras NS, Fort Raleigh NHS, &Wright Brothers NMEM 1401 National Park Drive Manteo, NC 27954 (252)475-9034 caha_special_use_permits@nps.gov ISSUANCE of this permit is subject to the attached conditions.The undersigned hereby accepts this permit subject to the terms,covenants, obligations,and reservations,expressed or implied herein. DocuSigned by: yam,&. Title: Envi ronmental officer Date: 2/26/2021 ERMITTEE Signature 7C79BOD294lF47E... Digitally signed by MARK MARK DOWDLE Date:2021.02.2512:28:04-os�oo� Title: Deputy Superintendent Date: Authorizing NPS Official CONDITIONS OF THIS PERMIT Failure 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. NPS Form 10-114(Rev.01/2017) National Park Service Q4N,gNT OF phi NATIONAL - �y PARK SERVICE C � • 7 SI gRCN 3,+8 SPECIAL USE PERMIT Outer Banks Group: Cape Hatteras NS, Fort Raleigh NHS, &Wright Brothers NMEM 1401 National Park Drive Manteo, NC 27954 (252)475-9034 caha_special_use_permits@nps.gov 9. Permittee agrees to carry general liability insurance against claims occasioned by the action or omissions of the permittee, its agents and employees in carrying out the activities and operations authorized by this permit. The policy shall be in the amount of$5,000,000 Five Million Dollars per Occurrence, and general Aggregate and underwritten by a United States company naming the United States of America as additional insured. The permittee agrees to provide the Superintendent with a Certificate of Insurance with the proper endorsements prior to the effective date of the permit. 10. Permittee agrees to deposit with the park a bond in the amount of$ 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. Cape Hatteras National Seashore Special Park Conditions Bonner Bridge Demolition 15. Fees will be waived In Accordance With 36 CFR Part 14.22 Reimbursement of costs. (a)(1)An applicant for a right-of-way or a permit incident to a right-of-way shall reimburse the United States for administrative and other costs incurred by the United States in processing the application, including the preparation of reports and statements pursuant to the National Environmental Policy Act (42 U.S.C. 4321-4347), before the right-of- way or permit will be issued under the regulations of this part. (2) The regulations contained in this section do not apply to: (i) State or local governments or agencies or instrumentalities thereof where the lands will be used for governmental purposes and the lands and resources will continue to serve the general public; (ii) road use agreements or reciprocal road agreements; or(iii) Federal government agencies.