20170056 Ver 2_USACE Permit_20210524

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-200641252 County: DareCounty U.S.G.S.Quad:Engelhard NE
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) 1 Nearest Town Manns Harbor
Nearest Waterway Pamlico Sound RiverBasin Albemarle-Chowan
USGS HUC 03010205 Coordinates Latitude:35.6970469284
Longitude:-75.7703943756
Location description: The project area is located at the NCDOT/Ferry Division Stumpy Point Ferry Terminal adjacent to US
264 approximately 14.8 miles south of Manns Harbor in Stumpy Point in Dare County,North Carolina.
Description of projects area and activity:NCDOT/FerryDivision proposes to dredge approximately 1500 cubic yards of
accumulated sediments from the Stumpy Point Ferry Terminal and place it in the Stumpy Point Disposal Cell within the
Alligator River NWR
Applicable Law: ❑ Section 404(Clean WaterAct,33 USC 1344)
® Section 10(Rivers andHarbors Act,33 USC 403)
Authorization: Regional General Permit Number and/orNationwide Permit Number:35
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 May 14,2021.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 verificationwill remainvalid untilthe expiration date identified belowunless thenationwide and/or re gional gen eral p erm it
authorization is modified,suspended or revoked. If,prior to the expiration date identified below,the nationwide and/or regional
genera 1 p erm it authorization is reissued a nd/or m odified,this verification will remain valid until the expiration date identified b e to w,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or re gional general p ermit
authorization expires or is suspended,revoked,or is modified,such thatthe activitywould no lo n ge r 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 perm it,willremain authorized provided the activity is com plete d
within twelve months of thedateof thenationwide and/or regional general permit's expiration,modification or revocation,unless
discretionary authority has beenexercisedon a case-by-case basis to modify,suspendorrevoke the authorization.
Activities subj ectto Section 404(as indicated above)may also require an individual Section 401 Water Qua lity Cert ific at ion. You
should contact the NC Division of Water Resources(telephone [phone])to determine Section401 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(252)264-3901.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other re q u ire d F e d era 1,
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 K le Barnes at 910 2514584orK le.W.Barnes usace.arm .mil.
Corps Regulatory Official: Ckj-T%9-P-.— Date: May 24,2021
Expiration Date of Verification: darch 18 2022

A.Determination of Jurisdiction:
1. ® There are waters on the above described project area that maybe subject to Section 404 ofthe Clean Water Act(CWA)(33
USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).This preliminary determination is not an
appealable actionunder the Regulatory Program Administrative Appeal Process(Reference 3 3 CFR Part 3 3 1). However,you
may request an approved JD,which is an appealable a ction,by contacting the Corps district for further instruction. Plea se note,
if work is authorizedby either general or nationwide permit,andyou wish to request an appeal of an approved JD,the appeal
must be received by the Corps and the appeal process concluded prior to the commencement o f any work in waters of the United
States andpriorto any work that could alterthe hydrology of waters ofthe United States.
2. ❑ There are Navigable Waters of the United States within the above describedproject area subjeetto the permit requirements
of Section 10 ofthe Rivers and Harbors Act(RHA)(3 3 USC§403)and Section 404 of the Clean WaterAct(CWA)(33 USC§
1344). Unless there is a change in the law or our published regulations,this determination maybe relied upon for a period not to
exceed five years from the date ofthis notification.
3. ❑ There are waters,including wetlands,within the above described project area that are subject to the permit requirements of
Section 404 of the Clean WaterAct(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,
this determination maybe relied upon fora periodnot to exceed five years from the date of this notification.
4. ❑ A jurisdiction determination was not completed with this request. Therefore,this is not an appealable action. However,you
may request an approved JD,which is an appealable action,by contacting the Corps for further instruction.
5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved
jurisdictional determination issued . Action ID:SAW-
B. Basis For Jurisdictional Determination: The Waters within the project area are subject to the ebb and flow of
tides and flows to the Pamlico Sound.
C.Remarks:
D.Attention USDA Program Participants
This delineation/determination has been conductedto identify the limits of Corps'Clean Water Act jurisdiction for the particular site identified in
this request. The delineation/determination may not be valid for the wetland conservation provisions ofthe Food Security Act of 1985. If you or
your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request a certified wetland determination
from the local office ofthe Natural Resources Conservation Service,prior to startingwork.
E. Appeals Information for Approved Jurisdiction Determinations(as indicated inA2 andA3 above).
If you object to this determination,you may request an administrative appeal under Corps regulations at33CFRPart331. Enclosed
you will find a Notification ofAppeal Process(NAP)fact sheet andRequest for Appeal(RFA)form. Ifyourequest to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin,AppealReviewOfficer
60 Forsyth Street SW,Room 1 OM 15
Atlanta,Georgia 30303-8801
Phone:[phone]
In order for an RFAto be accepted bythe Corps,theCorps must determine that it is complete,thatit meets the criteria forappeal
under 33 CFR part 331.5,and that it has been receivedby the Division Office within 60 days ofthe date ofthe NAP. Should you
decide to submit an RFA form,it must be received at the above address byNot Applicable.
It is not necessary to submit an RFA form to the Division Office ifyou do not object to the determination in this
correspondence. —K�Corps Regulatory Official: __ L CkJ`�nStJQ--
e Barnes
Date ofJD: May24,2021 Expiration Date ofJD: Not Applicable
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 athttv:Hcorl)smal)u.usace.army.mil/cm apex/Pp=136:4:0.

SAW-200641252
SPECIAL CONDITIONS
A. The NCDOT Ferry Division 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.

Action ID Number: SAW-2006-41252 County: Dare County
Permittee: Brian Doliber
NCDOT Ferry Division
Project Name: Stumpy Point Ferry Basin Expansion
Date Verification Issued: May 19,2021
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

16 OTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Brian Doliber NCDOT Ferry Division File Number: SAW-2006-41252 Date: May 24,2021
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
PROFFERED PERMIT Standard Permit or Letter ofpermission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I- The following identifies yourrights and options regarding an administrative appeal of the above decision.
Additional information maybe found athttl2://www.usace.anny.mil/Missions/CivilWorks/Re u- latoiyPro2ramandPennits.aspxor
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 Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance o f the LOP means that you accept the permit in its entirety,and waive all rights to appeal the
permit,including its termsand conditions,and approvedj urisdictional 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. Your
objections must be received by the district engineer within 60 days of the date ofthis notice,or you will forfeit your right to appeal
the permit in the future. Upon receipt ofyour letter,the district engineer will evaluate your objections and may:(a)modifythe
permit to address all of your concerns,(b)modify thepermit to address some of your objections,or(c)not modify the pen-nit
having determined that the pen-nit 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 Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance ofthe LOP means thatyou accept thepermit in its entirety,and waive all rights to appeal the
permit,including its termsand conditions,and approvedjurisdictional 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 declinedpermit 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 ofthe date of
this notice.
C: 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.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• 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 allrights to appeal the approved JD.
• APPEAL: If you disagreewith the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section IIofthis form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days ofthe date ofthis notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: 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.
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. 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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/orthe If you only have questions regardingthe appealprocess you may
appealprocess you may contact: also contact:
District Engineer,Wilmington Regulatory Division, Mr. Philip Shannin,Administrative AppealReview Officer
Attn: Kyle Barnes CESAD-PDO
2407 West 5th Street U.S. Army Corps of Engineers, South Atlantic Division
Washington,North Carolina27889 60Forsyth Street,Room 1OM15
Atlanta,Georgia 30303-8801
Phone:[phone]
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 opiportunit to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer,Wilmington Regulatory Division,Attn: Kyle Barnes,2407 West 5",Street
Washington,North Carolina 27889
For Permit denials,Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer,Commander,U.S. Army Engineer Division,South Atlantic,Attn: Mr.Philip Shannin, Administrative
Appeal Officer,CESAD-PDO, 60 Forsyth Street, Room 1OM15,Atlanta, Georgia 30303-8801
Phone: [phone]