20170508 Ver 1_USACE SAW 2017-00407 Expansion and Nourishment Approved_20180326

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
Action ID. SAW-SAW-2017-00407
September 13, 2017
North Carolina Department of Transportation
Ferry Division
Attn: Ms. Catherine Peele
159 Lucinda Point
Powells Point, North Carolina 27966
Dear Ms. Peele:
In accordance with your written request of March 21, 2017, and the ensuing administrative
record, enclosed is a copy of a Department of Army (DA) Pernlit to expand the ferry channel,
maintain the ferry channel and basin depths and widths, and to discharge dredged material to
nourish approximately 850 feet of shoreline east of the ferry basin, at the north end of Ocracoke
Island, in Hyde County, North Carolina.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefully read your permit. The general and specific conditions are important. Your failure
to comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before December 31, 2027.
b. You must notify this office in advance as to when you intend to commence and
complete work.

-2-
c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
You should address all questions regarding this authorization to Mr. Ronnie Smith, at the
Wilmington Regulatory Field Office, telephone [phone].
Thank you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our website at http://per2.nwp.usace.army.rnil/survey.html and
completing the survey on-line. We value your comments and appreciate your taking the time to
complete a survey each time you interact with our office.
Sincerely,
r �� �
HenrY M. Wicker
Y
Deputy Chief, Wilmington Regulatory Division
Enclosures
Electronic Copies Furnished (w/Special Conditions & Plans):
NOAA/NOS: Ms. Sharon Tear
USFWS/FWE: Mr. Pete Benjamin
NMFS/HCS: Dr. Ken Riley
USEPA/WPS-Reg IV: Ms. Jennifer Derby
UEPA/WMRS: Mr. Todd A. Bowers
NCDEQ/DCM: Mr. Doug Huggett
NNIFS/HCS: Dr. Pace Wilber

DEPARTMENT OF THE ARMY PERIVIIT
Permittee: North Carolina Department of Transportation-Ferry Division.; attn.: Ms. Catherine Peele
Permit No.: SAW-2017-00407
Issuing Office: CESAW-RG
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The
term "this office° refers to the appropriate district or division office of the Corps of Engineers having jurisdiction
over the permitted activity or the appropriate official of that office acting under the authority of the corrunanding
officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The proposed project is to expand the ferry channel, maintain the ferry channel and basin
depths and widths and to discharge dredged material to nourish approximately 850 feet of shoreline east of the ferry
basin.
Project Location: The project site is located east of the ferry basin, on the north end of Ocracoke Island, Hyde
County, North Carolina.
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2027 If you find that you
need more time to complete the authorized activity, submit your request for a time extension to this office for
consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the
terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted
activity, although you may make a good faith transfer to a third party in compliance with General Condition
4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it
without a good faith transfer, you must obtain a modification of this permit from this office, which may
require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate
the Federal and state coordination required to determine if the remains warrant a recovery effort or if the
site is eligible for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the
space provided and forward a copy of the permit to this offce to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the
conditions specified in the certification as special conditions to this permit. For your convenience, a copy of
the certification is attached if it contains such cenditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed
necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of
your permit.

Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant
to:
(X)
(X)
�)
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
Section 404 of the Clean Water Act (33 U.S.C. 1344).
Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by
law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability
for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken
by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by
the activity
authorized by this permit.
d. Design or construction deiiciencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary
to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the
following:
2

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a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit
incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not
interest decision.
Such a reevaluation may result in a determination that it is appropriate
and revocation procedures contained in 33 CFR 325.7 or enforcement p�
33 CFR 326.4 and 326.5. The referenced enforcement procedures
administrative order requiring you to comply with the terms and con
initiation of legal action where appropriate. You will be required to pay
by this office, and if you fail to comply with such directive, this of�ce ma
specified in 33 CFR 209.170) accomplish the corrective measures by cont�
cost.
proves to have been false,
in reaching the original public
o use the suspension, modification,
cedures such as those contained in
provide for the issuance of an
itions of your permit and for the
�r any corrective measures ordered
in certain situations (such as those
ct or otherwise and bill you for the
6. Extensions. General condition 1 estabiishes a time limit for the com letion of the activity authorized by
this permit, Unless there are circumstances requiring either a prompt co pletion of the authorized activity or
a reevaluation of the public interest decision, the Corps will normall give favorable consideration to a
request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and
conditi s of his permit.
� �
(PERMITTEE)
This permit becomes effective when the Federal of�cial, designated to
signed below.
�� �" �
�
(DIST CT ENGI ER) ROBERT J. CLARK
d/ COLONEL, U.S. ARMY
DISTRICT COMMANDER
When the structures or work authorized by this permit are still in ex
transferred, the terms and conditions of this permit will continue to be
property. To validate the transfer of this permit and the associated liabili
its terms and conditions, have the transferee sign and date below.
(TRfiNSFEREE)
*U.S.
to comply with the terms and
s �17
(DA E)
for the Secretary of the Army, has
�-1 �" ����7
(DATE)
nce at the time the property is
ding on the new owner(s) of the
associated with compliance with
(DATE)
PRINTING OFFICE: 1986 - 717-425

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Applicant: North Carolina Department of File Number: SAW-2017- 0407 Date: August 30, 2017
Transportation
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permis ion) A
X
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRL;LIMINARY JURISDICTIONAL D�TERMIN�ITION F
SECTION I- The follc�wizig identi�i�s,,vaur ri�hts and options regarcling az� admini�tratit%e a��pec�1 of fll� abc��%�
decisit�z�. �cldit�c�n�tl inf��-�natic��i zn�y'be fou�d at htt�a°/lwwv�r usace ari�ly apnil!inetf#ut�ctic�ns/c�'1cec�=�tre� c��
:, ,
La�s �egulations at 33 �FR P��� 331, ; ' '
A: Tltil'TL�L PROFFERED PERMIT: You may accept or ob ect to the pern�it.
• ACCEPT: If you received a Standard Permit, you may sign the pennit d cument and return it to the district
engineer for final authorization. If you received a Letter of Permissio (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 pe it, 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 cert in terms and conditions therein, you
may request that the permit be modified accardingly. You must compl te Section II of this form and return
the form to the district engineer. Your obj ections must be received by the district engineer within 60 days of
the date of this notice, or you will forfeit your right to appeal the pernl t in the future. Upon receipt of your
letter, the district engineer will evaluate your objections and may: (a) odify 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. Aft r evaluating your objections, the
district engineer will send you a proffered permit for your reconsidera ion, 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 ocument and return it to the district
engineer for final authorization. If you received a Letter of Permissio (LOP), you may accept the LOP and
your work is authorized. Your signature on the Standard Permit or ac eptance of the LOP ineans that you
accept the permit in its entirety, and waive all rights to appeal the pe it, including its terms and conditions,
and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or OP) because of certain terms and
conditions therein, you may appeal the declined permit under the Co s 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 e�gineer within 60 days of the date of this otice.
C: PERMIT D�NIAL: 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 for to the division engineer. This form
must be received by the division engineer within 60 days of the date of th's notice.

D: APPROVED JURISDICTIONAL DETEIRMINATION: You may acc pt or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps tQ accept an approved JD. Failure to otify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all right to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the a�proved JD under the Corps of
Engineers Administrative Appeal Proces� by completing Section II of tl s form and sending the foim to the
division engineer. This form must be reaeived by the division enginee� within 60 days of the date of this
notice.
E: PRELINIlNARY JURISDICTIONAL DLTERMINATION: You do n t need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If yo wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further in truction. Also you may provide new
information for further consideration by the �Corps to reevaluate the JD.
�ECTIgN II - REQU�EST �'OR APP�x11L c��
REASONS FOR APPEAL OR OBJECTIOT
objections to an initial proffered permit in cl
this form to clarify where your reasons or o�
JBJFCTIONS TQ A�'>T INITI��,II FR(�I�T`�I�I� PERl����'
S: (Describe your reasons fo appealing the decision or your
ar concise statements. You ay attach additional information to
ections are addressed in the a ministrative record.)
ADDITIONAL INFORMATION: The appe�l is limited to a review of the
memorandum for the record of the appeal conference or meeting, and any
review officer has determined is needed to c�arify the administrative recorc
may add new information or analyses to the i�ecord. However, you may pr
the location of information that is already in the administrative record.
P'OINT OF �ONTA��'wFOR f?�E:S'I'IONS OR 1NFORM�TION �
If you have questions regarding this decision If you only have que
and/or the appeal process you may contact: may also contact:
District Engineer, Wilmington Regulatory Divisio , Attn: Mr. Jason Steele, Admin
Mr. Ronnie Smith CESAD-ET-CO-R
69 Darlington Avenue U.S. Army Corps of Eng
Wilmington, North Carolina 28403 60 Forsyth Street, Room
[phone] Atlanta, Georgia 30303�
RIGHT OF ENTRY: Your signature below igrants the right of entry to Co
government consultants, to conduct investigations of the project site durin;
will be provided a 15 day notice of any site i�vestigation, and will have th�
, n���-
of aPl all.ai�t c ���ctti_
- �l.l � - _ _ - -
ministrative record, the Corps
�plemental information that the
Neither the appellant nor the Corps
ide additional information to clarify
,.� ,
tions regarding the appeal process you
ve Appeal Review Officer
South Atlantic Division
M15
801
�s of Engineers personnel, and any
the course of the appeal process. You
opportunity to participate in all site
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I'I'IONS
Sout�a ock Basi� and Ferry Cha
�e�cYa I'ill �i Da-edging
A tion II) SAVV-2017-0040'�
In accordance with 33 U.S.C. 1341(�l), all conditions of the North
Management consistency determi:
North Carolina Division of Water
incorporated as part of the Depart
special conditions.
l. All work authorized by this p�
plans, which are a part of this
the U.S. Army Corps of Engi�
2
3
The permittee shall require its c
conditions of this permit in the
provide each of its contractors ;
of this proj ect with a copy of tb
shall be available at the project
Except as authorized by this pe:
excavation, fill or mechanized ]
construction or maintenance of
authorize temporary placement
or wetlands outside the permitt�
activities connected with this p�
a-_ Ex�es�rt � sn��3rea ir, -e�-.� T,l�zs
5. All mechanized equipment will
contamination of waters and we
materials. In the event of a spi
permittee shall immediately re
5083, Ext. 526 or (800) 662-7
Hazardous Substances Control
in, CAMA Permit 224-87
ources 401 Water Quality
t of the Army permit. The
�lina Division of Coastal
July 21, 2017, and the
ication June 23, 2017 are
- they are not listed as
must be performed in strict compliance with the attached
it. Any modification to the e plans must be approved by
(USACE) prior to impleme tation.
and/or agents to
�nstruction and maintenance
�/or agents associated with t
permit. A copy of this pern
te during construction and n
ly with the terms and
this project, and shall
construction or maintenance
including all conditions,
itenance of this project.
or any USACE approved�odification to this permit, no
clearing activities shall t e place at any time in the
is proj ect, within waters or
double handling of excav�
area. This prohibition app
ect.
*3�t,�a t� c1 �s n�rn,;t� a
�e regularly inspected and ma
lands from fuels, lubricants, �
of petroleum products or any
rt it to the N.C. Division of V
6 and provisions of the NortY
.ct will be followed.
6. Any request to carry out additional beach fill activities within
will require approval from the Corps of Engineers. NoL�rishm
authorized if necessary to protect property and/or infrastructu
This permit does not
or fill material within waters
to all borrow and fill
at,�n� rii o n�e�h��z�a
to prevent
; fluids, or other toxic
�ther hazardous waste, the
ater Resources at (919) 733-
Caxolina Oil Pollution and
authorized pxoj ect area,
activities will only be

7. Excavation shall not exceed -12 �feet below the mean low wate�r level.
8. The permittee shall notify the C rps prior to any maintenance redging event. The
notiiication will include the loc tion of the dredged material d sposal.
9. The proposed work, including a
shall not begin until the permitt
Park Service, if one is required.
10. The permittee shall advise the
beginning the work authorized
address, including any inspectc
Wilmington District prior to ar
1 l. The permittee shall employ all :
prevent an increase in sediment;
permit area. Additionally, the �
Sedimentation Pollution Contro
Article 4).
12. Violations of these conditions
10 of the Rivers and Harbors �
Field Office, Attn: Mr. Ronnie
within 24 hours of the permitte
13. The permittee, upon receipt of �
before completion of the work •
and manner as the Secretary of
the water or wetland to its pre-�
14. The permittee shall coordinate
N.C. Wildlife Resources Corrv
15. In order to reduce irnpacts to es
in-water excavation or filling ac
and October 31 of any year witl
Management (DCM) and the C�
future maintenance dredgi g and nourishment events,
has been issued a Special U e Permit from the National
ilmington District, Regulat
� this permit. The contract�
; contact name and phone n
work.
dimentation and erosion con
ion or turbidity within water
�j ect must remain in full co�
Act of 1973 (North Carolina
violations of Section 404 of
must be reported in writing
nith, Wilmington District U.
s discovery of the violation.
notice of revocation of this
ill, without expense to the '�
ie Army or his authorized r
oi ect condition.
placement of all dredge pip
�ntial fish habitat and fede:
ivities shall be conducted l
�ut prior approval of the N
Division in writing prior to
name, phone number, and
ber must be provided to the
ol measures necessary to
and wetlands outside the
�liance with all aspects of the
Jeneral Statutes Chapter 113A
ie Clean Water Act or Section
� the Wilmington Regulatory
. Army Corps of Engineers
�mit or upon its expiration
ted States and in such time
esentative may direct, restore
along the beach with the
managed fishery species, no
�en the dates of March 1 st
Carolina Division of Coastal
16. In order to further protect the en�dangered West Indian Manate , Trichechus manatus, the
applicant must implement the USFWS' Manatee Guidelines, nd strictly adhere to all
requirements therein. The guidelines can be found at htt ://wti v.fws.aov/nc-

17. No dredged material will be pla ed at any time in waters outsi e the permitted beach
nourishment disposal area. Mate ial will be placed on the beac via pipeline.
18. All material used for the beach
and clay, and free of any pollut
an inspector is present during a
Corps should any potentially ir
operations, material placed on �
non-beach compatible material
immediately and the Corps sha
determine the appropriate plan
19. A representative of the Corps of
randomly inspect the work for c
procedures may result in cessati
the Corps. No claim, legal actio:
shall be asserted against the Uni
related action, by the permittee,
20. The permittee shall provide wri
completion of the work authori;
21. If submerged cultural resources
immediately notified so that co<
Branch (UAB) of the North Car
the permittee should immediate
so that a full assessment of the �
22. This Department of the Army p
or local authorizations required
23. The permittee understands and
the removal, relocation, or othf
in the opinion of the Secretary
work shall cause unreasonable
permittee will be required, upo
remove, relocate, or alter the si
to the United States. No claim
such removal, relocation, or al�
�urishment must be beach co
its except in trace quantities.
beach disposal activities and
�mpatible material be placed
� beach shall be inspected da
; or has been placed on the be
be notified by the permittee �
� action.
Engineers, Regulatory Divisi
>mpliance with these conditic
>n of work until the problem :
i in equity or for damages, ad
ed States on account of any s
agents, contractors, or
. notification of proj ect
by this permit.
encountered during the op
iation can be initiated witr
a Office of State Archeolo
contact Mr. Nathan Henry
ifacts can be made.
iit does not obviate the
law.
grees that, if future operation
alteration, of the structure or
� the Army or his authorized :
'ostruction to the free navigat�
due notice from the U.S. Arr
zral woxk or obstructions
1 be made against the Uni
on.
ible, clean, free of debris
permittee shall ensure that
lnmediately reports to the
�n the beach. During dredging
y to ensure compatibility. If
�ch, all work shall stop
or its contractors to
i will periodically and
�. Deviations from these
resolved to the satisfaction of
stment, or other entitlement
required cessation or
representatives.
on immediately upon
ration, the Corps shall be
the Underwater Archeology
;y. In emergency situations,
(910-458-9042), Fort Fisher,
to obtain other Federal, State
by the United States require
vork herein authorized, or if,
presentative, said structure or
n of the navigable waters, the
;� Corps of Engineers, to
used thereby, without expense
� States on account of any
24. The authorized proj ect must not't interfere with the public's rig t to free navigation on all
navigable waters of the United States. No attempt will be ma e by the permittee to prevent
the full and free use by the public of all navigable waters at or adjacent to the authorized
work for reason other than safet�y.

25. The pennittee will comply with
The permittee will contact Mr. �
[phone] at least 30 days
will initiate the Local Notice for
to navigation are implemented.
with the U.S. Coast Guard has b
�11 U.S. Coast Guaxd regulatic
cott McAloon, U.S. Coast Gu
�rior to construction. Contaci
Mariners procedures to ensur
The permittee will notify our
�en commenced and updates �
ns for dredging operations.
�rd, District 5 Waterways at
with the U.S. Coast Guard
; all safety precautions for aids
>fiice when this coordination
rill be provided to our office.
26. The permittee must install and aintain, at his expense, any si nal lights and signals
prescribed by the U.S. Coast G ard, through regulations or ot erwise, on authorized
facilities. For further informati n, the permittee should conta t the U.S. Coast Guard Marine
Safety Office at [phone].
27. In issuing this permit, the F
a. Damages to the permitted
unpermitted activities or f.
b. Damages to the permitted
activities initiated on beha
c. Damages to other permitte
authorized activity.
d. Design and construction d
e. Damage claims associated
this pennit.
2$. All necessary precautions and r
injure, capture, pursue, harass,
turtles, whales, manatee, sturge
authorized tivork, if the permittf
or threatened species, the Corp;
can be initiated with the U.S. F
Service.
Government does not
oject or uses thereof as a re
m natural causes.
•oject or uses thereof as a re
of the general public.
or unpermitted activities or
ncies associated with the
any future modification,
easures will be implemented
r otherwise harm any protect
n, piping plover, rufa red kn�
; discovers or observes a darr
will be immediately notified
;h and Wildlife Service and/c
any liability for:
of other permitted or
of current or future Federal
caused by the
work.
i, or revocation of
o that any activity will not kill,
i, Federally listed species (sea
). While accomplishing the
ged or hurt listed endangered
o that required coordination
National Marine Fisheries
29. Routine beach surveillance will�be conducted during construc ion to prevent unintentional
damage to sea turtles and their esting areas. If a nest or a t le crawl is identified in the
project area, the permittee will ' ediately stop all beach dis osal activities and contact the
Wilmington District to determi e appropriate action.
30. In the event an incidental sea t�
stop all dredging operations an�
determine the appropriate actio
conservation measures that mu;
Ronnie Smith, Wilmington Re�
ronnie. d. smith@usace. army. mi
occurred.
-tle or sturgeon take occurs b5
contact the Wilmington Dist�
�, including the immediate im�
t be taken. The permittee sha:
ulatory Field Office, Corps R�
or by telephone at (910) 251-
a dredge, the permittee must
ct for consultation to
lementation of sea turtle
immediately notify Mr.
gulatory Division, by email
�829 that an incidental take has

31. The perznittee understands and
and conditions of this permit an
or other endangered species by
Corps of Engineers. The amou:
for any such suspension, shall �
Engineers. The permittee unde:
and other representatives, that r
other entitlement against the Cc
related action.
;rees that, even where it is in
other required authorization;
ie permittee may require sus�
: of incidental take that will tr
determined at the time in the
�tands and agrees on behalf o:
� claim, legal action in equity
ps of Engineers shall arise as
full compliance with the terms
, incidental take of sea turtles
�nsion of the permit by the
�gger suspension, and the need
sole discretion of the Corps of
itself, its agents, contractors,
�r for damages, adjustment, or
� result of such suspension or

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Ci

Envrranm�ntal
QLtQIlC}�
Ms. Cathe�•ine Peele
Ferry Division
North Carolina Department of Transp
159 Lucinda Point
Po�vells Point, NC 27966
Sut�ject; 401 Water QualiTy Certification
ADD1TiONAL CONAITIONS
Hyde Cou»ty, WBS Eiement Ns
NCDWR PrajecT No. 20170508
Dea►• Ms. Peele:
Juae 23, 20
ursuant to Section 4Q1 ofthe Federal
r Prflp�sed i�nprovements to the Sout:
16.71080.
Attached I�ereto 9s a copy of Certificatio�i P�lo. 004 I 1 S issued to The h'orth
{NCDOT) dated June 23, 2017. I
If �ve can be of fi�rther assistance, do not
Attaciinients
Electrvnic copy only distribution:
Kyle Barnss, US Army Corps of En;
Dr. Ken Riley, National Mar�ne Fish
S)3a��e Staples, NC Division of Coas
Cathy Brittingham, i*IC Division of �
�ireg Daisey, NC Division of Coasta
Garcy Ward, NC Division of Waier
to contact us.
Si��cerely,
S. Ja� Zim���ermai'
Division of Water
neers, Washington Field Uffice
ries Service, Beaufort Field Office
l Management
oastal Managemen#
Management, Elizabeth City
esources, Washington Regional
"i�J�tt�ia3c� C,€�raa��r�s --_.-
ot'North Carolina � Environmental Quality
1617 A�tail �ervice Center � Raleigh, North Carolina 27699-1
ROY COQPEIZ
Gc�ti•ernor
MICI-IA,EL S. REGAN
�ecrPtary
S. JAY ZIMMERMAN
r)fri�crar
Water Act with
Ferry Basin in Ocracoke,
Departotiient of Transportation
Director
' G� ,

AOi '�aYer Qua�ity Certification Paersuan� to Sectaon 4�1 ��'tIl�e Federal �lean �A'a4er Ac� evigh 1-�Il�Y�A'II'II�1�1.�L
C'OtVDITI�l�(5 I
'I'T-�IS C�R'TIFICATIOlV is issued in conf
95-217 of the United States and subject to tl
in 15 NCAC 2H .OSQO, This certification au
The project shall be constructed pursuant to
information received March 21, 2017 and Ji
Water Imbacts in the Tar-Paml
5ite E �xcavation
I Southdock Ferry basin I
ToQal Open �Water �mpact for Project: 0
mity with the requirements of Secti�
North Carolina Divisian of Water F
orizes the NCDOT to impact a.9 aci
e application dated received Fehrua
: 23, 2017. The authorized impacts
ver Basin
Open V4'aters {ac)
Q.904
acres.
The appiication provides adequate assuranc that the discharge of fill material into
River �asin in conj unction with the propose development will not result in a viol�
Standards and discharge guidelines. Theref re, the 5tate of North Carolina certifie.
the applicable partians of Sections 301, 302, 303, 306, 307 of PL 92-504 and PL 9'
with the application and conditians hereina er set forth.
This approval is only valid for the purpose �
February 21, 2017 and additional infarmatic
change, yo�a are required to notify the NCD'
rnust be given a copy of this Certification ar
conditions. If any additiona! wetland impac
acre or I 50 linear feet, respectively, additio�
2H .0506 {h) {6) and (7), Far this approvat
below. In addition, you shauld obtain all ot
including (6ut not limited to} Sediment and
watershed regulations. This Certification sr
Carps of Engineers Perinit.
Conditian(s) of Certi�cation:
1. This appraval authorizes the excav
material is authorized to be placed
the vehicle stacking lanes. Any ex
disposed of 'snto the approved spai]
your descriptian dated March 21, �
2. Additionally, this approval author
basin and channel as needed for a
USACE permit. All dredging is t�
the specifed depths, dimensians,
3. The permittee will need ta adhere
Marina Fisheries Service. No in-�
without prior approval from the N
Service. In addikion, the permitte�
Guidelines for Anadromaus Fish ':
d design that you suUmitted in your
received March 21, 2017 and June
'R and subrnit a new application, Tf
approval letter, and is thereby respi
, or stream iznpacts, for this project
�1 compensatory mitigation may be r
ren�ain valid, yau are required to ct
:r federal, state or local permits befc
rosion control, Coastal Stormwater,
ll expire on the same day as the exp.
�tian of approximately 2Q,000 cubic y,
�n the northern terminus beach af Ocr;
;ess material not needed for beach re-r
site ott �cracoke Island. This work sh
Q17, [15A I�ICAC 02H.OSOb(b)(2)(3)]
es NC DOT to perform marntenance �
eriod of 10 years and shall expire on t
be confined to the area shown in your
ld profile.
401 Public Laws 92-500 and
sources (NCDWR) Regulations
s of open waters in Hyde Caunty.
� 21, 2017 and additional
re as described belqw:
:he waters of the Tar-Pamlico
tion of applicable Water Quality
� that this activity wiil not violate
-2 i 7 if conducted in accordance
�plication dated received
�, 2017. Should your projeet
e property is sold, the new owner
sibte for complying with all the
ow or in the future) exceed one
�uired as described in I SA NCAC
iply with all the conditions listed
proceeding with your project
on-discharge and Water Supply
.tion date of the corresponding
s of bottom material. This
ke Island as needed to protect
rishment shall be properly
be dane in accorda�ce with
dging of the Sauthdock Ferry
same day as the carresponding
nlication and shall not exceed
o all appropriata in-water work morat ria prescribed by the National
ater work is permztted betweet� March 1 and October 31 of any year,
: T�ivision of Water Resources and the National Marine Fisheries
shall conform to the NCBOT policy e titled "Stream Crossing
�ssage (May 12, 1497) at all times.
4. The issuance of this certification dbes not exempt the Permittee from co plying with any and all statutes,
rules, regulations, or ardinances th�t may be imposed by other govemme t agencies {i.e. local, state, and
federal) having jurisdiction, includ�ng but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentatiqn control requiretnents, etc.

�
5. The Pertnittee sha11 ensure that th final design drawings adhere to the plermit and to the permit drawings
submitted for approval. [15A NC C 02H .Q507(c) and 15A NCAC 02Ft .0506 (b)(2) and (c)(2}]
6. i�o rock, sand or other materials hall be dredged from the channel exc pt where autharized 6y this
certification. [ISA NCAC 02H.0�06(b}(3}]
7. There shall be no excavation fro�, or waste disposal into, jurisdictional wetlands or waters associated with
this parmit without appropriate odi�cation. �hould waste or borrow s'tes, or access roads to waste or
borrow sites, be located in wetIa�ds or streams, compensatory mitigatio witi be required since that is a
direct impact irom construction al�tivities.[15A NCAC 02H.0546{b}(3) nd (c)(3)]
8. Erasion and sediment controi pra tices must be in full compliance with 11 specitica#ions governing the
proper design, installation and operation and maintenance of such Best anagement Practices in order to
protect sarface waters standards 15A NCAC 42H.050&(b)(3) and (c)(3 ];
a. Tl�e erasian and sedime�t control measures for the project rr
and maintained in acco dance with the most recent version �
Erosion Contro! Planni g and Design Manual.
b. The design, installation, operation, and maintenance of the se
must be such that they qual, or exceed, the requirements sp
the North Carolina Ser�i ent and Erosion Control Manual. �
construction sites, borr w sites, and waste pile {spoil) proj
leased borrow pits asso iated with the project.
c. For borrow pit sites, t e erosion and sediment contro] me
operated, and maintaine in accordance with the m�st recent s
Mrning Manual.
d. The reclamation measu es and implementation must comply
with the requirements o � the Sedimentation Pollution Control
9. During the construction of the
U.S., or protected riparian buf
10. All mechanized equipment oper�
prevent contamination of stre�am
[15A NCAC 02H.4506(b)(3}]
l 1. The permittee and its authorized
c�uality standards (including any �
Act) and any other appropriate re
such standards or laws are not be
that State or federal law is being
the NCDWR may reevaluate and
t be desagned, installed, operated,
the Nor�th Carolina Sedimeni and
ient and erosian control measures
fied in the most recent version of
devices shall be maintained on all
s, including contractor-owned or
must be designed, installed,
of the North Carolit7a Surface
the reclamation in aceordance
ect, no staging of equipment ofany ind is permitted in waters ofthe
[15A NCAC Q2H.OSQ6(b)(Z)]
near surface waters must be
ers from fuels, luhricants, h;
;ents shall conduct its activities in a
�uirements resulfing fi-om complian�
zirements of State and Federal law,
g met (including the failure to susiai
olated, or that further conditions are
iodify this certiiication. [15A ?VCA
12. The Permittea shall report any viblations of this certification to the Div
hours af discovery. [ 1 SA NCAC 2B.OSOb(b)(2)]
13. A copy of this Water Quaiity Ce ification shall be maintained on the c
addition, the Water Quality Certification and all subsequent modificati�
the Division Engineer and the on�site project manager. [15A NGAC 02
.0546 (b)(2) and {c}(2}]
Violations of any conditian herein set fo.
and/or civil penalties. This Certification
conditions of the Federa1404 and/or Co�
expiration of the 404 or CAMA permit.
may result in revocation of this CertiF
all become null and void unless the ab
i1 Area Management Act Permit. This
ly inspected and maintained to
fluids, or other toxic materials.
anner consistent with State water
with §303(d} of the Clean Water
the NCDWR determines that
a designated or achieved use) or
�cessary to assure compliance,
02B.0200]
of Water Resources within 24
tructian site at all times. In
, if any, shali be maintained with
0507(c) and 15A NCAC Q2H
cation and may result in criminai
�ve conditions are made
Certification shall expire upon the

If you wisl� to contest any staten3erlt in d�e <
}�earing. You »iay flbtain the petition form
��iih the office �f Ad3ninistrative Hearizigs �
filed �vhen it as received in the offica of Ad�
Administrative Hearings accepts filings Mo
for official state l�olidays. The originaf and
Administrative Hearings.
'�he petition i�ay �e faxed-provided #lie �
Adminisirative H�arings ��ithin f vs (5)1
The mail�ng address %r ths Office of Ad
flffice of A�dministrative �ie
Ca7 t4 Iv9ai� �arv�ice Ce�ter
�afeijh, I*I� 27599-67t4
"#'�Cepho�e: {919) 431-3UOD,
A co�y of t��e petition must also bs
�Ir. Bill �. Lane, General Cor
➢?epartanent of Environmental
�bi31 �ail Service Center
WQC No. 00�11 l5
acl�ed Certification ��ou mast file a p!
am the o#'fice of Ad3ninistrative')�eari
thin sixty (6�j d�ys of receipt of this
nistra#ive Hearin�s diu�ii3� ��on1��i flf
fay tl�rough ��-iclay t�etivee�i tlie laour:
���e ( l) copy of t��� �etitian n�ust b� fi'�
and one �a}�y af Yhe doc�rraent is
days folloti�ing t�e faxed #ransar
itive I learin�s is:
ile: {�l9) 431-31��
on I�£Q as �follows:
'7'}7 iS t11L' 23`d ils�j� of
Di1IIS�ON �F �IATER
!�'�
S. Ja��,l3nmerFna��, D�
ition for ai� administrative
�s. You rniist �le the petitio«
�atice. A petitifln �s co3�side�•ed
�e l�ours. The Office of
of �:�Oa�n a��d S:�Opm, except
d ��t�ith tlle Office of
2fli7
by 4�ae ���fice t�f

F�ernzit Class
MODiFI�ATI010T 11�.��1Z
Pennit N�zmber
��4-�7
�'I' 'T� OF li��YZTI� CAROLII�.
�ep tment of Environmental Qua:
and
oastal Resources Cotnmission
�L ���
for
X QVlajor Deveiopment in an Area of En�i
,�puxsu t to NCGS i 13A-118
X�xcav�tion andlor filling pursuant to
Issued to N.C. DO�
Authorizing development
This penmit, issued on Jtai,��
with the permit), all applicabie regu
be subject to fines, imprisonment or
1) Unless specifically altered :
of the currently permitted c
exceed the limits of excava
placement of the excavated
to the vehicle stacking lane.
upland spoii site on Ocraco
2) No in-water work shall be co�
approval of the N.C. Divisio ,
resource agencies. �,
( {See
This permit action may be appealed t
other qualified persons tivithin twenry (20)
date.
This permit must be accessible on-:
personnel when the pi�oject is inspected for
Any maintenance work or project
hereunder requires further Division a
Ali work must cease when the permit
December 31, 2021
Concern
1i3-229
Powells Po t NC 2
tY at Ha eras Inle
as rec�uested in tke permittee's applit�ation dated /2/17. �nciuding attached
, is subjeci to compli ce with the application (where consistent
a1 conditions and notes set fort below. Any violation of these terms may
or may cause the permit to be ull and void.
is Major Modification authori
fihe ent�ance/exit to the South
m on the attached workplan d�
by pipeline dredge on the Hat
turn at the northern terminus c
, alI as depicted on the attache
;s the following: (1) the expansion
�ck Ferry Facility basin not ta
wing dated 5/15/17; and (2)
ras Inlet beach shoreline adjacent
Ocracoke Island, or at th� existing
workplan cirawings.
between April 1 to Septembe� 30 af any year without prior
>tal Managemeni (DCM), in onsultation wzth the appropriate
sheets for Additional Con�
uttee or Signed by the
issuing Chairman of the
� of the Secretary of DEQ and the
Resources Co�nmission.
�artment ' o.,� t//�,r.� ' �rL
, �
covered Bra�cton C. Davis, Director
Division of Coastal Management
In issuing this permit, the State of North G,�ro ina ,a�ees
tha# your projeci is consistent with the Nort3� Cirol�a Coastal
Management Pro;ram. I
This permit and it'� eonditions are hereby accepted.
Signalure of Permittee