20070250 Ver 1_Application_20070213

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DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR
U.S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000
Washington, N.C. 27889-1000
SECRETARY
January 30, 2007
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Attention: Bill Biddlecome
Subject: Sandbag Project for the protection of NC 12 on Pea Island, Dare County
NCDOT is requesting a GP 48 for pump excavation below NWL for the purpose
of obtaining sand to fill sandbags. The sandbags will be placed along a portion of NC 12
on Pea Island, Dare County. This location is know as the S-Curves and is approximately
350 ft. north of the village of Rodanthe. On the week of November 20, 2006 a severe
Nor'easter winter storm created heavy surf conditions that eroded a significant portion of
the beach front and protective dunes. NC Highway 12 became impassible during this
event and some loss of the roadway occurred. The post storm conditions of the eroded
beach face and dune line have increased the vulnerability of NC 12 at the S-curves
location. It is now likely that significant flooding would occur during minor storm events.
The post storm beach profile does not have enough beach face between the road and ,
ordinary high water line to rebuild an adequate dune. This increase in vulnerability will
result in an unacceptable frequency of NC12 becoming impassible during minor storm
and high tide events. Since NCDOT does not have space for adequate dune
reconstruction, sandbags in conjunction with a minor dune is being proposed.
The sandbag area will begin 350 ft. north of the Pea Island/Rodanthe Refugee
boundary and continue 900 ft. to the north. The sandbags will be aligned 10 ft. from the
edge of pavement and have a 20 ft. base made up of 4 bags, which totals a distance of 30
ft. from the edge of pavement as indicated on the provided drawing. The sandbags will
reach a height of 6 ft. by placing them in the configuration shown on the drawing. Filter
fabric will be laid below the bags and wrapped around the front side to help stabilize
them. Each bag is 10-15 ft. long X 5 ft. wide X 2 ft. in height. There will be between 700
- 1,000 bags used in the project. The bags are a durable woven poly fabric that is tan in
color. The bags will be filled using sand from the intertidal zone located on-site. This
sand is pumped using an excavator with a special pump attached to the excavator arm that
reaches into the intertidal surf zone. A hose transfers the sand and water mix into the
113 Airport Dr., Suite 100, Edenton, NC 27932 -Phone: [phone] Fax: [phone]

sandbag where the water leaches out and the sand fills the bag. Due to the high tide water
mark being close to the work area a temporary work berm will be pushed up in front of
the sand bag area to keep hightides from entering the work area. This temporary work
berm will be aligned at a distance approximately 50 ft. from the edge of pavement. Once
the sandbags are in place a sand dune will be built on top of the bags as shown on the
provided detail.
Coordination with the Pea Island Refuge Manager has been done through the
issuance of a Special Use permit from the U.S.F.W.S. A copy of that permit is provided
with this request. The Division of Coastal Management is issuing a General Permit for
Sandbag structures for this project. If you have any questions or need additional
information, please call me at 252-482-7977.
Sincerely,
Anthony Roper, P.E.
Division One Engineer~~~
Clay Willis ~~ ~u~~
Division One Environmental Officer
CC: Garcy Ward, DWQ
Gary Jordan, USFWS
Travis Wilson, WRC
113 Airport Dr., Suite 100, Edenton, NC 27932 -Phone: [phone] Fax: [phone]

Pea Island Sand Bag Project
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0 750 1,500 3,000 Feet

Office Use Only: Form Version Apri12001
20070250
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
^ Section 10 Permit
® 401 Water Quality Certification
^ Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: GP 48
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII -Mitigation), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: Clay Willis, NC DOT Environmental Officer Division One
Mailing Address:113 Airport Dr. Suite 100
Edenton NC 27932
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: tcwillis(a,dot.state.nc.us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 3 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Pea Island Sandba ing Pro-ject ,Dare County
2. T.I.P. Project Number (NCDOT Only): 11701.102801
3. Property Identification Number (Tax PIN):
4. Location
County: Dare Nearest Town: Rodanthe
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Take NC 12 south and the project
be i~pproximately 1250 ft. to the north of Rodanthe Village Pea Island Refuge
boundary
Site coordinates, if available (UTM or Lat/Long): 35.608639 N 75.464203 W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: NC 12
h~hway with a maintained sand road shoulder that grades into a small dune that transitions
to the beach face. During a recent Nor'easter much of the beach face was eroded causing an
increase in concern for ocean overwash of NC 12 during minor storm events.
7. Property size (acres): 2.3 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Atlantic Ocean
Page 4 of 12

9. River Basin: Pasquotank
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: Attempt to provide protection for the roadway.
during minor storm events.
11. List the type of equipment to be used to construct the project: Dump trucks, Excavator,
dredge pump bulldozer frontend loader
12. Describe the land use in the vicinity of this project: In the immediate project area and to the
north the land is used as a refuge for wildlife. To the south of the project area the village of
Rodanthe begins and it is a developed landscape primarily with vacation homes and tourist
businesses.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
A Division of Coastal Management (DCM) Major Permit for dune construction has been acquired and is
currently active for this area. The permit number is 86-99 and expires on December 31, 2007. NCDOT will
apply for a General Permit from the DCM for the placement of the sandbags. A Special Use permit from the
Pea Island Wildlife Refine has been acquired for this project and is included with this application.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: There are plans bein developed for a mini beach nourishment project in this same
location that will require an Individual COE permit and CAMA major permit. NCDOT is also
working on a long-term solution for NC 12 on Pea Island, which will reduce the threat of ocean
overwash and road closure by means of realigning NC 12 or bridging.
Page 5 of 12

VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's} responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts There are no wetland impacts.
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres' Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local t7oodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httlx/!www.tema.ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: None
Total area of wetland impact proposed: None
2. Stream Impacts, including all intermittent and perennial streams No stream impacts
Stream Impact
Site Number
(indicate on ma }
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
(leases ecify}

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
da-ns (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
w_wk..usgs.~ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., w~tiw.topuzone.com,
www.mapduest.c~,m, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: None
Page 6 of 12

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. There are no open water impacts.
Open Water Impact
Site Number
(indicate on ma) *
Type of Impact Area of
Impact
acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
ba ,ocean, etc.)

1l i _L
i.is~ cacn impact separacery ana ~aennry temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
There will be no impacts to surface waters wetlands or streams.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page7of12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http:/ih2o. enr. state.nc.us/ncwetlands/strn~~ide.htinl.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional infom7ation regarding the application
process for the NCWRP, check the NCWRP website at l~ttp:;';`h2o.enr.state.nc.us`wrp;'indec.ht~n. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page8of12

IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ^
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ^ No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers.
mitigation is required calculate the required amount of mitigation by applying
multipliers.
Zone* Impact
(s uare feet) Multiplier Required
Miti ation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; gone ~ extenas an
additional 20 feet from the edge of Zone 1.
If buffer
the buffer
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Page9of12

XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss Stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There will be no additional impervious surface added to the area as a result of this project.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application?
Yes ^ No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Thi_s_ protect is required to be complete bey 1 2007 to avoid impacts to nesting sea turtles
This protect will be done in cooperation with and guidance from the Pea Island Refuge manager

Applicant/Agent's Signa a ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 12

UNITED STATES DEPARTMENT OF THE
INTERIOR
^"~sR.~~~"F` FISH AND WILDLIFE SERVICE
______ Pea Island _._--_ National Wildlife Refuge
~"'°•a~°'``~ SPECIAL USE PERMIT
Station No. to be Credited !Permit Number
i ,
41630 i 2006-014
Date - - -~------------------
12-11-2006
Period of Use (inclusive) -
From December 11 2006
I
To December 10 2007
Permittee Name j Permittee Address
Anthony Roper N. C. Department of Transportation
Division One Engineer 113 Airport Drive, Suite 100
[phone] I Edenton, NC 27932
FAX: [phone]
Purpose (specify in detail privilege requested, or units of products involved)
The N. C. Department of Transportation is requesting authorization to place sandbags within the N. C. Highway 12 (NC 12) right-of-way to
'protect the roadway. This action is necessary to provide temporary protection as a result of beach erosion from the Thanksgiving
Northeaster storm on November 21-22, 2006. The affected area begins approximately 350 feet north of the southern refuge boundary at
Rodanthe and extends approximately 1,150 feet to the the north parallel to NC 12. The woven poly-fabric sandbags will be placed
approximately 10 feet from the eastern edge of pavement and the base will extend 20 feet oceanward. The base will be 4 bags wide and
the structure will be 3 bags in height or about 6 feet. Each bag is approximately 10-15 feet long by 5 feet wide by 2 feet in height. Bags
will be filled by pumping sand from the intertidal zone at the site using an excavator with a special pumping attachment at the end of the
boom. A temporary work berm approximately 50 feet from the edge of pavement will be bulldozed in front of the work area to keep high
tides from affecting the work area. The temporary berm and sand pumping will occur outside the existing right-of-way. A dune will be built
on top of the sandbags. The dune will be sprigged with suitable native plant species during the appropriate planting season. These
actions are allowable as they are considered to be minor and they are needed to meet safety standards for maintaining the integrity of NC
j 12. Initial protective measures were completed under an emergency declaration by Governor Michael F. Easley on 11/29/06 (EO #113).
Description (specify unit numbers; metes and bounds, or other recognizable designations)
!Pea Island National Wildlife Refuge, Dare County, North Carolina in and along an area adjacent to and east of NC Hlghway 12 north of
;Rodanthe in a section known locally as the "S-curves".
Amount of fee $ 0.00 if not a fixed payment, specify rate and unit of charge:
~~~ Payment Exempt -Justification:
[_~ Full Payment
Project is necessary to maintain a safe public transportation corridor
~_-i Partial Payment -Balance of payments to be made as follows:
Record of Payments
N/A
;Special Conditions -----------------....----------...--_----- --------
j 1. See attached:
j a. "General Conditions" & "Conditions for Special Use Permits and Authorized Activities"
b. "Sand Fence Specifications and Conditions", "Grass Sprigging Specifications and Conditions", & "Building Back the Sand Dunes"
i c. "Conditions for Using Sandbags to protect NC Highway 12"
2. Full compliance with all terms and conditions of this permit is expected to result in no net loss in habitat quantity or quality upon
~ installation of sandbags and implementation of the beach/dune community restoration work within and adjacent to the project area.
3. Ail work must be done to the satisfaction of the Refuge Manager.
This permit is issued by the U.S. Fish and Wildlife Service and accepted by the undersigned, subject to the terms, covenants, obligations,
j and reservations, expressed or implied herein, and to the conditions and requirements appearing on the reverse side
i--'--. - --T----- ----- -----
!Permittee Signature ~ Issuing Officer Signature and Title ~ , ~,
j
Anthony Roper, Division OrSe Engineer _ Mike Bryant, Project Leader
Form 3-1383 (Rev. 6/BS)
This form was electronically produced by Elite Federal Forms, Inc.

General Conditions
1. Payments
All payments shall be made on or before the due date to the local
representative of the U.S. Fish and Wildlife Service by a postal money order
or check made payable to the U.S. Fish and Wildlife Service.
2. Use limitations
The pertnittee's use of the described premises is limited to the purposes
herein specified; does not unless provided for in this permit allow him/her to
restrict other authorized entry on to hisR~er area; and permits to the Service
to carry on whatever activities are necessary for (1) protection and
maintenance of the premises and adjacent lands administered by the Service
and (2) the management of wildlrfe and fish using the premises and other
3. Damages
The United States shall not be responsible for any loss or damages to
property including but not limited to growing crops, animals, and machinery;
or injury to the permittee, or his/her relatives, or to the officers, agents,
employees, or any others who are on the premises from instructions or by the
sufferance of the permittee or his/her associates; or for damages or
interference caused by wildlife or employees or representatives of the
Government carrying out their official responsibilities. The permittee agrees
to save the United States or any of Rs agencies harmless from any and all
claims for damages or losses that may arise or be incident to the flooding of
the premises resulting from any associated Government river and harbor,
flood control, reclamation, or Tennessee Valley Authority activity.
4. Operating Rules and Laws
The permittee shall keep the premises in a neat and orderly condition at all
times, and shall comply with all municipal, county, and State laws applicable
to the operations under the permit as well as all Federal laws, rules, and
regulations governing National Wildlife Refuges and the area described in
this permit. The permittee shall comply with all instructions applicable to this
permit issued by the refuge officer in charge. The permittee shall take all
reasonable precautions to prevent the escape of fires and to suppress fires
and shall render all reasonable assistance in the suppression of refuge fires.
5. Responsibility of Permittee
7. Compliance
Failure of the Service to insist upon a strict compliance with any of this
permit's terms, conditions, and requirements shall not constitute a waiver or
be considered as a giving up of the Service's right to thereafter enforce any
of the permit's terms, conditions, or requirements.
8. Termination Policy
At the termination of this permit, the permittee shall immediately give up
possession to the Service representative, reserving, however, the rights
specified in paragraph 9. If he/she fails to do so, he/she will pay the
Govemment, as liquidated damages, an amount double the rate specified in
this permit for the entire time possession is withheld. Upon yielding
possession, the permittee will still be allowed the reenter as needed to
remove his/her property as stated in paragraph 9. The acceptance of any
fee for liquidated damages or any other act of administration relating to the
continued tenancy is not to be considered as an affirmance of the permittees
action nor shall it operate as a waiver of the Government's rights to terminate
or cancel the permit for the breach of any specified condition or requirement.
9. Removal of Pe-mittee's Property
Upon the expiration or termination of this permit, if all rental charges and/or
damage Gaims due to the Govemment have been paid, the permittee may
within a reasonable period as stated in the permit or as determined by the
refuge officer in charge but not to exceed 60 days, remove all structures,
machinery, and/or other equipment, etc., from the premises for which he/she
is responsible. Within the period the permittee must also remove any other
of his/her property Including his/her acknowledged share of products or crops
grown, cut, harvested, stored, or stacked on the premises. Upon failure to
remove any of the above items within the aforesaid period, they shall
become the property of the United States.
10. Transfer of Privileges
This permit is not transferable, and no privileges herein mentioned may be
sublet or made available to any person or interest not mentioned in this
permit. No interest hereunder may accrue though lien or be transferred to a
third party without the approval of the Regional Director of the U.S. Fish and
Wildlife Service and the permit shall not be used for speculative purposes.
The permittee, by operating on the premises, shall be considered to have
accepted these premises with all the facilities, fixtures, or improvements in
their existing condition as of the date of this permit. At the end of the period
specified or upon earlier termination, the permittee shall give up the premises
in as good order and condition as when received except for reasonable wear,
tear, or damage occurring without fault or negligence. The permittee will fully
repay the Service for any and all damage directly or indirectly resulting from
negligence or failure on his/her part, or the part of anyone of his/her
associates, to use reasonable care.
6. Revocation Policy
This permit may be revoked by the Regional Director of the Service without
notice for noncompliance with the terms hereof or for violation of general
and/or specific laws or regulations governing National Wildlife Refuges or for
nonuse. It is at all times subject to discretionary revocation by the Director of
the Service. Upon such revocation the Service, by and through any
authorized representative, may take possession of the said premises for its
own and sole use, or may enter and possess the premises as the agent of
the permittee and for his/her account.
11. Conditions of Permit not Fulfilled
If the permittee fails to fulfill any of the conditions and requirements set forth
herein, all money paid under this permit shall be retained by the Government
to be used to satisfy as much of the pertnittee's obligation as possible.
12. Official Barred from Parficipating
No Member of Congress or Residential Commissioner shall participate in any
part of this contract or to any benefit that may arise from it, but this provision
shalt not pertain to this contract if made with a corporation for its general
benefit.
13. Nondiscrimination in Employment
The permittee agrees to be bound by the equal opportunity clause of
Executive Order 11246, as amended.
Privacy Act Statement--Special Use Permit
NOTICE: In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, please tae advised that:
1. The issuance of a permit and collection of fees on lands of the National Wildlife Refuge System is authorized by the National Wildlife Refuge System
Administration Act (16 U.S.C. 668dd - 668ee), and the Refuge Recreation Act, (16 U.S.C. 460k-3); implemented by regulations in 50 CFR 25-36.
2. Information collected in issuing a permft may be used to evaluate and conclude the eligibility of, or merely document, permit applicants.
3. Routine use disclosures may also be made (i) to the U.S. Department of Justice when related to litigation or anticipated litigation; (2) of information
indicating a violation or potential violation of a statute, regulation, rule, order or license, to appropriate Federal, State, log/ or foreign agencies responsible
for investigating or prosecuting the violation or for enforcing or implementing the statute, rule, regulation, order or license; (3) from the record of the
individual in response to an inquiry from a Congressional office made at the request of that individual; (4) to provide addresses obtained from the fntemal
Revenue Service to debt collection agencies for purposes of locating a debtor to collect or compromise a Federal claim against the debtor, or to consumer
reporting agencies to prepare a commercial credit report for use by the Department (48FR 54716; December 6, 1983).
4. Any information requested is required to receive this permit. Failure to answer questions may jeopardize the eligibility of individuals to receive permits.

Alligator River National Wildlife Refuge
Pea Island National Wildlife Refuge
CONDITIONS FOR SPECIAL USE PERMITS ~ AUTHORIZED ACTIVITIES
The Permittee or authorized person, and all officers, agents, employees, representatives, and clients
of the Permittee or authorized person, shall comply with all Refuge, Federal, State, and local
regulations and conditions that apply to the special use activity. Failure to comply with any applicable
regulation or condition, and all Federal laws, rules, and regulations governing National Wildlife
Refuges and the area described in the Special Use Permit (Permit) or authorizing documents, may
result in revocation of the Permit or authorized activity and/or criminal prosecution.
While engaged in a special use activity on the Refuge, the Permittee or authorized person, and hislher
officers, agents, employees, or representatives, shall be in possession of a copy of the Permit or
authorizing documents (including all attachments that contain conditions) and shall, upon request by
an authorized Refuge official or by any authorized local, state, or federal law enforcement officer,
display the cony authorizing their presence and activity on the Refuge and shall furnish any other
licenses and identification documents as may be requested.
3. Entry on the Refuge during nighttime hours (i.e., '/Z-hour after sunset to'/-hour before sunrise) is
prohibited, unless authorized in writing by the Refuge Manager.
4. It is unlawful to disturb, destroy, injure, collect, or take any wildlife, plant, natural object, mineral,
cultural or historical feature, or public property on the Refuge, unless authorized in writing by the
Refuge Manager.
5. Wildlife shall not be harmed or harassed and disturbance shall be kept to a minimum, this includes all
snakes (poisonous and non-poisonous snakes), unless authorized in writing by the Refuge
Manager.
The Refuge Manager should be contacted immediately at (25Z) 473-1131 upon discovery of any
wildfire, or any leak, spill, or break in a pipeline, power line, canal, or dike, or any other accident or
incident that has the potential to have an adverse impact on the soil, wildlife, or plants in the area.
Any unusual wildlife sightings or suspected illegal activities should be reported to the Refuge
Manager.
7. Any accident that results in a personal injury (i.e., an accident that requires arofessional medical
treatment shall be reported to the Refuge Manager within 24 hours of the accident.
8. All locked Refuge gates shall be closed and locked upon entering and leaving Refuge property.
Refuge gates should be left the way they are found {i.e., open, closed, either locked or unlocked as
the case may be).
Page 1 of 3
RF-001 (Revised 07!2012004)

9. Vehicle travel shall only be on designated roads or routes of travel, unless authorized in writing by
the Refuse Manager. Vehicles, boats, trailers, and other equipment shall be parked in such a
manner that roads and trails including canoe trails and navigable waters, are not be blocked.
Roads and trails need to be accessible to other Refuge visitors and to Refuge staff, cooperative
farmers, fire trucks, emergency vehicles, maintenance equipment, and law enforcement patrols.
10. Vehicles with catalytic converters shall be restricted to paved roads, recently maintained gravel or dirt
roads, or bare soil areas because of the high fire potential. Vehicles with catalytic converters shall
not be parked over high vegetation or other fire hazardous materials.
11. Refuge gate or building keys shalt not be loaned to other agencies, companies, or persons. If there
is a need for access by other persons, please have them contact the Refuge Manager. All Refuge
keys shall be returned to the Refuge Manager, or a designated staff member, within 10 calendar
days, after expiration or termination of the Permit or authorized activity.
12. All dogs (or any other pet) must be confined or on a leash while on the Refuge, unless authorized in
writing by the Refuge Manager. Leashed pets must be under the immediate control of the
Permittee or authorized person, or the leash must be secured to a stationary object. The leash shall
not be in excess of 10 feet in length.
13. Possession or use of firearms, air guns, bows and arrows, cross bows, spears, or gigs; or illegal
knives, weapons, or devices; or explosives of any type is prohibited en the Refuge when engaged in
a special use activity, unless authorized in writing by the Refuse Manager.
14, Littering is prohibited. All materials brought into the Refuge shall be removed and properly disposed.
Drink cans, bottles, candy wrappers, toilet paper, and other garbage and refuse shall not be left on
the Refuge.
15. The Refuge Manager shall be contacted before any surface work is done. This includes mowing,
road or trail improvements, digging, clearing or trimming of brush or vegetation, installation of
structures, etc.
16. The use of herbicides and pesticides on Refuge property is prohibited, unless authorized in writing
by the Refuge Manager. Unrestricted, over-the-counter-type, insect repellents may be used on or
near the body and clothing to repel biting or stinging insects.
17. No permanent or semi-permanent markings shall be made on any Refuge building, structure, gate,
post, sign, fence, tree, vegetation, or soil by either marking, painting, cutting, scratching, blazing,
mowing, digging, or other destructive method, unless authorized in writing by the Refuge
Manager. When needed, only temporary, removable markers (e.g., flagging tape, survey stakes,
metal/paper/plastic tags, etc.) shall be used to mark site locations, plots, etc. Safety signs,
informational signs, and any other signs required by law or regulation for the special use activity being
conducted, shalt be posted as required, but only with prior authorization by the Refuge Manager.
Page 2 of 3
RF-001 (Revised 07/20/2004)

All markers and signs shall be removed upon conclusion of the special use activity or upon expiration
or termination of the Permit.
18. The use or possession of traps, snares, or other passive (i.e., unattended) collection devices, which
are used to collect wildlife, is prohibited, unless authorized in writing by the Refuge Manager.
Each individual trap, snare, or passive collection device shall have aweather-resistant, permanent
tag attached with the Permittee's, authorized person's, and/or organization's name legibly marked on
the tag or shall have the Permittee's, authorized person's, and/or organization's name legibly marked,
imprinted, or engraved on the trap, snare, or device.
19, You may use specimens collected under this permit, any components of any specimens (including
natural organisms, enzymes, genetic materials or seeds), and research results derived from collected
specimens for scientific or educational purposes only, and not for commercial purposes unless you
have entered into a Cooperative Research and Development Agreement (CRADA) with us. We
prohibit the sale of collected research specimens or other transfers to third parties. Breach of any of
the terms of this permit will be grounds for revocation of this permit and denial of future permits.
Furthermore, if you sell or otherwise transfer collected specimens, any components thereof, or any
products or research results developed from such specimens or their components without a CRADA,
you will pay us a royalty rate of 20 percent of gross revenue from such sales. In addition to such
royalty, we may seek other damages and injunctive relief against you.
20. No permanent orsemi-permanent fences, buildings, shelters, docks, piers, or other structures or
facilities may be erected, built, or placed on the Refuge, unless authorized in writing by the
Refuse Manager. No machinery, equipment, supplies, or materials may be placed or stored on the
refuge, unless authorized in writing by the Refuge Manager.
21. All open fires are prohibited, unless authorized in writing by the Refuge Manager. Leaving an
authorized open fire unattended or not completely extinguished is prohibited. Setting on fire or
causing to be set on fire any timber, brush, grass, or other inflammable material, including camp or
cooking fires, is prohibited, unless authorized in writing by the Refuge Manager. The use of
cutting torches, arc welders, or any other open flame/sparking devices (which are required to conduct
the special use activity) shall be exercised with caution and only with prior authorization from the
Refuse Manager or Refuse Fire Management Officer. When use of these devices is necessary,
the operator(s) shall have immediate access to auarooriate fire control eguiament (e.g., fire
extinguishers, shovels, etc.) and immediate communication access to local ememencv services
(e.g., cellular telephone, two-way radio, etc.). Tobacco smokers shall practice caution when smoking;
shall completely extinguish all matches, cigars, cigarettes, and pipes; and shall dispose of same in a
proper container (e.g., a vehicle ash tray).
Page 3 of 3
RF-001 (Revised 07/20/2004)

Sand Fence Specifications and Conditions
Pea Island National Wildlife Refuge -Special Use Permit PINWR -2006-014
Sand fencing will consist of 10-foot sections, supported by a minimum of 2 posts,
and placed perpendicular to the prevailing wind at 7-foot intervals as illustrated in
the attached copy of the brochure entitled "Building Back the Dunes". Sand
fencing will be made of biodegradable materials and untreated wooden posts,
2"X4" or larger, that are set at least 4 feet in the ground: In order to blend with
the natural surroundings, sand fencing will be either unpainted or stained wood
or other biodegradable material and will be in a neutral, beige, brown, tan, dark
green, or natural wood color.
2. The Refuge Manager or designee must approve final location and alignment of
sand fencing prior to installation. The Refuge Manager or designee will be made
available to assist the Permittee in marking and/or locating the proper placement
of the sand fencing.
3. The Permittee agrees, for the life of the sand fencing and posts, to accept all
responsibility for maintenance or removal and disposal of any sand fencing and
posts installed by the Permittee, including damaged or displaced sand fencing
and posts, that are determined by the Refuge Manager to be hazardous to public
safety or to wildlife resources in the area. The Refuge Manager will make this
determination after consultation with U. S. Fish & Wildlife Service engineers,
safety officers, or wildlife biologists. The Permittee will remove sections of
hazardous or non-functional sand fencing and posts and properly dispose of the
same within 30 days of receipt of official notice from the Refuge Manager.
6 ~.
Permitt Signatur ,
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Date
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Issuing Officer Signatur~and Title
Date

SPECIAL CONDITIONS FOR SANDBAG INSTALLATION FOR THE PROTECTION
OF N. C. HIGHWAY 12
Pea Island National Wildlife Refuge
Attachment to Special Use Permit 2006-014
1. Special Use Permit # 2006-014 is issued for the expressed and sole purpose of
installing sandbags within the N. C. Highway 12 (NC 12) right-of--way as a
temporary measure to protect the highway pavement from the impacts of ocean
over-wash during minor storm events and spring tide events in an area known
locally as the "Rodanthe S-Curves".
2. This permit is valid for one year from the date of issuance. The permit may be
renewed on an annual basis for up to 60 months (5 years) from the date of issue
provided that the North Carolina Department of Transportation (NCDOT) is
actively planning, developing, and implementing along-term solution to problems
associated with maintaining NC 12 immediately adjacent to the Atlantic Ocean in
the vicinity of the "Rodanthe S-Curves Hotspot".
3. It shall be the responsibility of the NCDOT to request renewal of this permit on an
annual basis. The renewal request shall be submitted to the Refuge Manager no
less than 30 days prior to the expiration date of Special Use Permit # 2006-014.
4. This permit does not authorize any activity other than the use of refuge lands for
the expressed purposes stated in SUP# 2006-014. It is the permittee's
responsibility to obtain any and all other necessary local, state, or federal
approvals prior to commencing work activities. All other permits, approvals, or
agreements, written or verbal whether from individuals or local, state, or
government agencies or other entities shall not in any way interfere with
implementation of the terms and provisions of SUP # 2006-014.
5. Sandbags shall be removed without delay or challenge within 60 days of
completing a satisfactory alternative for the highway or when they ace no longer
serving the purpose for which they were established as a result of natural forces
or due to human actions.
6. Sandbags shall be filled and installed prior to May 1. In the event of bird or turtle
nesting activity within or adjacent to the project area prior to May 1, construction
and associated activities shall be either suspended or moved a sufficient
distance from the biological activity so as to avoid direct and indirect impacts. If
the project is not completed by or before May 1, work may resume after
September 1. Any type of encroachment into this time period wherein work
activities would be required on the dune or on the ocean side of the dune shall be
done with full coordination and at the discretion of the Refuge Manager.
7. The permittee agrees to prepare abeach/dune restoration plan. Beachldune
restoration is needed to augment the installed sandbags that are protecting the
highway pavement from the effects of ocean over-wash during minor storm
events and spring tide events. The beach/dune restoration plan will encompass
but is not limited to the following goals:

Grass Sprigging Specifications and Conditions
Pea Island National Wildlife Refuge -Special Use Permit 2006-014
1. Mechanical manipulation of soils for incorporation of fertilizer or sprigging of
grasses will only be allowed depending upon site-specific conditions. The
Refuge Manager reserves the right to provide final authorization to allow
mechanical manipulation of soils at the time of planting (i.e. location and
alignment.
2. Any fertilizers applied shall not contain any integrated pesticides (i,e. herbicide,
insecticides, or fungicides) or other chemicals regulated by State or Federal law
without separate approval by the Refuge Manager. Pelletized fertilizers shall be
incorporated into the soil.
3. Sprigging shall be done by hand or by a method that will not disturb or destroy
existing vegetation.
4. Vehicles or equipment shall not be operated on the ocean side of the dune for
any purpose unless approved by the Refuge Manager. Requests for departures
from this condition will be considered on a case-by-case basis.
5. The Refuge Manager must approve any changes in the grass species (i.e.
species composition or percentage} proposed by sprigging specifications prior to
planting.
e mittee i natu e
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Issuing Officer Signa ' re & Title
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ate
Date

a. Through appropriate beach/dune restoration techniques, the upper
beach/dune shall be restored to a mutually agreed upon extent. This is
intended to be a one-time action and maintaining upper beach in
perpetuity is neither the intent nor a condition of this permit. Any
subsequent beach/dune restoration actions necessary to maintain the
integrity of the sandbag structure shall be fully coordinated with the
Refuge Manager prior to any construction/restoration activity.
b. Through prudent sand placement, sandbags shall be covered by suitable
sand, as determined by the Refuge Manager, in accordance with NCDOT
specifications as stated in the application for this permit. This measure
shall be repeated in the event of removal of the sand cover over the
sandbags through the action of wind or water. The intent is to provide the
most productive barrier dune habitat possible through covering the
sandbags with suitable sand and through incorporation of suitable dune
stabilization measures.
c. The beach/dune restoration plan shall include a monitoring program of
sufficient detail so as to document baseline (pre-sandbag and pre-
beach/dune restoration) physical and biological parameters of the beach
face community in and adjacent to the affected area, impacts to that
community as determined immediately after construction, and seasonal (4
times per year) monitoring for as long as the sandbags are in place pies
for a minimum of one full year after removal of the sandbags. For
comparative purposes, a control area, as agreed upon by the Refuge
Manager and NCDOT, will be monitored in the vicinity of the project area.
d. The NCDOT or their designee shall provide the refuge with copies of raw
data after each sampling session in an EXCEL data format.
The beach/dune restoration plan and monitoring protocols shall be developed
through coordination with the Refuge Biologist and must be acceptable to the
Refuge Manager. Funding for the monitoring component of the restoration
plan shall be provided by NCDOT. Progress reports shall be provided to the
Refuge Manager at no cost to the refuge on asemi-annual basis. A final
report shall be submitted to the Refuge Manager within 90 days of
satisfactory completion of monitoring as stated in Special Use Permit
Condition # 6.c.
8. Compatible sand is defined as sand consisting of a grain size and mineral
content similar to native refuge beach sand as determined by the Refuge
Manager or designee. All sand to be used for beach/dune habitat restoration
shall be sampled and analyzed for the presence of hazardous or toxic materials,
debris, or other pollutants. Sand containing any unsuitable material cannot be
placed on the refuge beach or into a dune system.

9. If sand sources for compliance with the terms and conditions of SUP # 2006-014
are located on the refuge, relocation of the sand by whatever means will be
covered by a separate Special Use Permit.
10.Any and all work areas on the refuge shall be sloped and contoured to pre-work
conditions or to the satisfaction of the Refuge Manager.
11. Permittee is responsible for removing any and all construction debris, materials,
and equipment from the refuge. If, during the period when the sandbags or other
related materials are in place on the refuge, there is damage resulting in debris
from the project, it shall be NCDOT's responsibility to clean up and remove the
debris from the refuge.
12. Monitoring and maintaining the structural stability of the sandbag structure,
including the sand covering the sandbags with associated vegetative community
shall be the responsibility of NCDOT.
13. At the discretion of the Refuge Manager, a determination of failure to comply with
all terms and provisions of SUP # 2006-014 shall result in revocation of the
permit and removal of the sandbags within 60 days of the refuge notifying
NCDOT of permit condition violation(s). Upon revocation or expiration of SUP #
2006-014, all sandbags along with associated appurtenances deemed by the
Refuge Manager to be an un-natural addition to the refuge shall be removed
within 60 days from receipt of notice of revocation of the permit.
14. Upon discovery of new ecological or biological information regarding fish, wildlife,
or their habitats that could be affected by this project, the Refuge Manager
retains the authority to amend this permit to protect natural resources in the
interests of achieving the refuge system mission or the purpose for establishing
the refuge.
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