SAW-2023-00865 NCDOT Ocracoke Silver Lake Terminal H-Pile

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-00865 County: Hyde County U.S.G.S. Quad: Silver Lake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Brian Doliber
NCDOT Ferry Division
Address: 159 Lucinda Lane
Powells Point NC, 27966
Telephone Number: [phone]
Size (acres) 2 Nearest Town Ocracoke
Nearest Waterway Pamlico Sound River Basin Pamlico
USGS HUC 03020105 Coordinates Latitude: 35.115442; Longitude:-75.986542
Location description: The project area is located at the Silver Lake Ferry Terminal in Ocracoke
Village in Hyde County, North Carolina.
Description of projects area and activity: NCDOT Ferry Division proposes to install H pile
structures to secure ramp gantry for the ferry dock. A crane will utilize a vibratory hammer to
drive the piles in place.
Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344);
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: 3
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information dated April 13, 2023, Any violation of the attached conditions or deviation from
your submitted plans may subject the permittee to a stop work order, a restoration order, a
Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or
regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance
upon the nationwide and/or regional general permit, will remain authorized provided the activity is
completed within twelve months of the date of the nationwide and/or regional general permit's
expiration, modification or revocation, unless discretionary authority has been exercised on a case -
by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-
807-6300) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Elizabeth City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program, please contact Kyle Barnes at [phone] or
Kyle.W.Barnes(a)-usace.army.mil. o� 2023.06.22
12:58:04
Corps Regulatory Official: �a'^'z-04'00' Date: June 22, 2023
Expiration Date of Verification: March 14, 2026
The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https:Hregulatoly.ops.usace.army.mil/customer-service-survey/

SAW-2023-00807
SPECIAL CONDITIONS
1. The NCDOT shall implement the "Guidelines for Avoiding Impacts to the West Indian Manatee:
Precautionary Measures for Construction Activities in North Carolina Waters" as identified by
the USFW Service.
2. The Wilmington District, Federal Highway Administration, U.S. Fish and Wildlife Service
(USFWS), and the North Carolina Department of Transportation (NCDOT) have
conducted programmatic Section 7(a)(2) consultation for the Northern long-eared bat
(NLEB) for NCDOT projects located in Divisions 1-8. The result of this programmatic
consultation is a Programmatic Biological Opinion (PBO) issued by the USFWS titled,
"Programmatic Biological Opinion — Revised, NCDOT Program Effects on the Northern
Long-eared Bat in Divisions 1-8", dated December 15, 2022. This PBO contains agreed
upon conservation measures which would minimize take of NLEB. As noted in the PBO,
applicability of these conservation measures varies depending on the location of the
project. The USFWS has documented that no reasonable and prudent measures, nor
terms and conditions, are necessary or appropriate to minimize the amount or extent of
incidental take of NLEB caused by the Action; therefore, the incidental take statement
does not provide reasonable and prudent measures for this species. Department of the
Army (DA) authorization under general permit or standard permit (Individual Permit) is
conditional upon the permittee's compliance with applicable, agreed upon conservations
measures of the PBO, which is incorporated by reference in this verification letter.
Failure to comply with the applicable conservation measures, where a take of the NLEB
occurs, would constitute an unauthorized take by the permittee, and would also
constitute permittee non-compliance with this verification letter. The USFWS is the
appropriate authority to determine compliance with the terms and conditions of its PBO
and the ESA. All PBOs can be found on our website at:
https://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/.

Action ID Number: SAW-2023-00807 County: Hyde County
Permittee: Brian Doliber
NCDOT Ferry Division
Project Name: NCDOT Ocracoke Silver Lake Terminal H-Pile
Date Verification Issued: June 22, 2023
Project Manager: Kyle Barnes
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Kyle Barnes
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: NCDOT Ferry Division
File Number: SAW-2023-00865
Date:
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL WITHOUT PREJUDICE
C
PERMIT DENIAL WITH PREJUDICE
D
APPROVED JURISDICTIONAL DETERMINATION
E
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at https://www.usace.army.miI/Missions/Civil-
Works/Regulatory-Program-and-Permits/appeals/ or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district
engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you
accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and
conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions
therein, you may request that the permit be modified accordingly. You must complete Section II of
this form and return the form to the district engineer. Upon receipt of your letter, the district
engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your
objections, the district engineer will send you a proffered permit for your reconsideration, as
indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district
engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you
accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and
conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain
terms and conditions therein, you may appeal the declined permit under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the
division engineer. This form must be received by the division engineer within 60 days of the date
of this notice.

C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local
authorization and/or certification has been denied for activities which also require a Department of
the Army permit before final action has been taken on the Army permit application. The permit denial
without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate
processing of the Army permit application if subsequent approval is received from the appropriate
Federal, state, and/or local agency on a previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial
You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD
or provide new information for reconsideration
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps
within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive all
rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the
Corps of Engineers Administrative Appeal Process by completing Section II of this form and
sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice.
The district will determine whether the information submitted qualifies as new information or data
that justifies reconsideration of the approved JD. A reconsideration request does not initiate the
appeal process. You may submit a request for appeal to the division engineer to preserve your
appeal rights while the district is determining whether the submitted information qualifies for a
reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not
appealable. If you wish, you may request an approved JD (which may be appealed), by contacting
the Corps district for further instruction. Also, you may provide new information for further
consideration by the Corps to reevaluate the JD.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:

If you have questions regarding this decision
you may contact:
District Engineer,
Wilmington Regulatory Division,
Attn: Kyle Barnes
2407 West 5t" Street
Washington, North Carolina 27889
If you have questions regarding the appeal
process, or to submit your request for appeal, you
may contact:
Mr. Philip Shannin, Administrative Appeal Review
Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
EMAIL: [e-mail]
SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or
your objections to an initial proffered permit in clear concise statements. Use additional pages as
necessary. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the
Corps memorandum for the record of the appeal conference or meeting, and any supplemental
information that the review officer has determined is needed to clarify the administrative record.
Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the
administrative record.

RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,
and any government consultants, to conduct investigations of the project site during the course of the
appeal process. You will be provided a 15-day notice of any site investigation and will have the
opportunity to participate in all site investigations.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent:
Telephone number: