20191251 Ver 2_DCM Permit_20190926

Permit Class
MODIFICATION/MAJOR
(EMERGENCY)
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
24-03
Issued to N.C. Department of Transportation, 113 Airport Drive, Suite 100, Edenton NC 27932
Authorizing development in Hyde County at adj. Atlantic Ocean, NC Highway 12,
Ocracoke island , as requested in the permittee's application dated 9/2o/l9 incl, the attached
workplan drawings (13): 12 dated 9/18/19 and 1 dated as received 9/20/19, & attached AEC Hazard Notice dated 9/20/19.
This permit, issued on 9/26/19 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to Imes, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, this Emergency Major Modification authorizes the following
activities on Ocracoke Island: repair of storm damaged NC Highway 12 roadway and roadway
shoulder, reconstruction of adjacent primary dunes, installation of approximately 975 linear feet of
sandbags, and placement of compatible sand from the South Dock spoil disposal site onto the
adjacent beach, all as depicted on the attached workplan drawings.
NOTE: The NPS issued Special Use Permit #USA19-5700-021 for the proposed project on
September 23, 2019.
2) Nothing in this permit authorizes any activity that has not received approval from the National Park
Service (NPS) for work within the Cape Hatteras National Seashore.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2020
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
W� -
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

N.C. Department of Transportation Permit #24-03
Page 2 of 4
ADDITIONAL CONDITIONS
3) All fill material, including that used to fill the sandbags, shall be clean and free of any pollutants, except
in trace quantities.
4) This emergency Major Modification suspends the requirement that the permittee comply with the
sampling and sediment criteria technical standards found in 15A NCAC 07H .0312. However, the
permittee remains responsible for ensuring that all sands used for dune reconstruction and beach fill
shall be of the same general characteristics as the sand in the existing dunes and ocean beach where it is
to be placed.
5) In accordance with the permit application, the approved sand source for beach fill and dune
reconstruction is the South Dock dredge spoil site on Ocracoke Island, and the approved sand source for
the authorized sandbags is the adjacent swash zone, without permit modification.
6) The authorized temporary erosion control structures (sandbags) shall conform to the use standards found
in 15A NCAC 07H.0308(a)(2), including but not limited to, the timelines and requirements for removal
found in 15A NCAC 07H.0308(a)(2)(F) through 15A NCAC 07H.0308(a)(2)(J).
7) The authorized sandbags shall be removed in their entirety once they are no longer necessary, due to
implementation of more permanent transportation solutions in the project area.
8) The authorized activities shall be accomplished in such a manner that damage to existing vegetation is
minimized.
9) In accordance with commitments made by the permittee, appropriate beach vegetation shall be planted
on the reconstructed dunes within 45 days of project completion. The dune vegetation planting shall be
done in a manner acceptable to NPS and the United,States Fish and Wildlife Service (USFWS).
Historical and Cultural Resource Protection
10) The authorized project shall conform to the requirements of the Section 106 Amended Programmatic
Agreement for Minor Transportation Projects (PA) regarding archaeological resources. The beach fill
area of the project site is located in an area having a high probability of containing cultural resources,
such as shipwreck remains. If such materials are encountered, the permittee shall immediately stop work
and contact the Department of Natural and Cultural Resources (DNCR), and DCM shall also be notified.

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Sea Turtles and Shorebird Populations
Permit #24-03
Page 3 of 4
11) Based upon coordination with appropriate agencies, the activities authorized by this Emergency Major
Modification are allowed to take place during the moratorium established in Condition No. 3 of the
Permit Renewal issued on 12/18/15, in accordance with the following permit conditions. Any work that
is proposed during the moratorium in subsequent years shall adhere to the full moratorium, or shall
require additional authorization from DCM, in consultation with NPS, the N.C. Wildlife Resources
Commission (NCWRC) and USFWS.
12) In accordance with commitments made by the permittee, and due to sea turtle nests in the project area,
during the time prior to the end of the sea turtle moratorium on 11/15/19, all work shall be conducted
during daylight hours, the permittee and/or NPS shall conduct a sea turtle survey within the project
vicinity each morning prior to any work taking place, and a log shall be generated. If any sea turtle crawl
is observed, the permittee shall stop work and consult with DCM, NCWRC, NPS, and USFWS to
identify and implement any required response prior to any further work taking place. In addition, if eggs
and/or hatchlings are uncovered during project work, all construction activity in that area shall stop and
the NCWRC Sea Turtle Hotline [phone]) shall be called to make arrangements for the
eggs/hatchlings, in consultation with NPS (and viable eggs might be left in place, meaning no work can
occur within 300 ft until the incubation ends or the nest is determined to be no longer viable).
Sedimentation and Erosion Control
13) This project shall conform to all requirements of the N.C. Sedimentation Pollution Control Act and the
N.C. Department of Transportation's (NCDOT's) Memorandum of Agreement with the Division of
Energy, Mineral and Land Resources.
General
14) No vegetated wetlands shall be excavated or filled, without permit modification.
15) No excavated or fill material shall be placed at any time in any waters of the State outside of the
alignment of the fill areas as indicated on the attached workplan drawings, without permit modification.
16) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State.
17) Any waste materials or debris generated in the demolition and removal of the existing roadway,
including exposed, damaged, or remnant pavement, shall be disposed of at an approved upland site or
shall be recycled in an environmentally appropriate manner provided appropriate authorizations from
any relevant state, federal, or local authorities are obtained.

N.C. Department of Transportation Permit #24-03
Page 4 of 4
ADDITIONAL CONDITIONS
18) If it is determined that additional permanent and/or temporary impacts (such as but not limited to
temporary access roads and detours) are necessary that are not shown on the attached workplan
drawings or described in the authorized permit application, a permit modification and/or additional
authorization from DCM shall be required. In addition, any changes in the approved plan may also
require a permit modification and/or additional authorization from DCM. The permittee shall contact the
DCM Transportation Field Representative in Elizabeth City prior to commencement of any such activity
for this determination and any permit modification.
19) Development authorized by this permit shall only be conducted on lands owned by the N.C. Department
of Transportation (NCDOT), and/or their Right -of -Ways and/or easements and/or on NPS lands with
NPS authorization.
NOTE: The permittee and/or its contractor should contact the DCM Transportation Field Representative
in Elizabeth City to request a preconstruction conference prior to project initiation.
20) This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that
may be required, including but not limited to any required permits from the N.C. Division of Water
Resources (DWR) and/or the U.S. Army Corps of Engineers (USACE).
21) DWR authorized the Ocracoke NC 12 and dune repair work on 9/25/19 (DWR Project No. 20191251
v.1) under General Water Quality Certification No. 4146. Any violation of the Certification approved
by DWR shall be considered a violation of this CAMA permit.
NOTE: USACE authorized the dune restoration and sandbags under Regional General Permit Number
198000048 (COE Action ID No. SAW-2019-0181), which was issued on 9/25/19.
22) DWR is currently reviewing the final design for the beach fill to determine if it is in compliance with
North Carolina's Water Quality Certification program. If required, the permittee shall receive a Water
Quality Certification from DWR for the beach fill, and a copy shall be provided to DCM, prior to the
initiation of any construction activities for the beach fill.
NOTE: USACE is currently reviewing the beach fill under Action ID No. SAW-2019-01807.
23) This Emergency Major Modification shall be attached to the original of Permit No. 24-03, which was
issued on 2/19/03, as well as all subsequent modifications, renewals and letters of refinement, and copies
of all documents shall be readily available on site when a Division representative inspects the project for
compliance.
24) All conditions and stipulations of the active permit remain in force under this Emergency Major
Modification unless altered herein.
NOTE: In accordance with G.S. 113A-118(f), the permit fee for this emergency action was waived.