20200443 Ver 1_FINAL permit SAW-2020-00462 Sloops Dredging_20210923

�14T of DEPARTMENT OF THE ARMY
O ''s N� WILMINGTON DISTRICT,CORPS OF ENGINEERS
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y'f j'� WILMINGTON,NORTH CAROLINA 2840 3-1 343
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September 23, 2021
Regulatory Division
Action ID SAW-2020-00462, Sloops Channel Dredging
North Carolina Department of Transportation
Ferry Division
Attn: Mr. Brian Doliber
159 Lucinda Lane
Powells Point, NC 27966
Dear Mr. Doliber:
In accordance with your written request of March 3, 2020, additional information
submitted after the original request, and the ensuing administrative record, enclosed is
an electronic copy of a Department of the Army permit to conduct maintenance
dredging activities in a 2.68-mile segment of the Hatteras to Ocroacoke NCDOT Ferry
route identified as "Sloop Channel" near the town of Ocracoke 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 special 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. The permit remains valid until December 31, 2031.
b. You must notify this office in advance as to when you intend to commence and
complete work.
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.

-2-
You should address all questions regarding this authorization to Mr. Kyle Barnes in
the Washington Regulatory Field Office at kyle.w.barnesausace.army.mil or by phone
at [phone].
Thank you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our web-site at
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0 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.
FOR THE CHIEF, REGULATORY DIVISION
Date: 2021 .09.23
aI ..... 13:33:01 -04'00'
Monte Matthews
Lead Project Manager
Wilmington District.
Enclosures
Copies Furnished electronically (with special conditions):
Ms. Amanetta Somerville, USEPA
Mr. Gary Jordan, USFWS
Mr, Travis Wilson, NCWRC
Ms. Renee Gledhill-Earley, SHPO
Mr. Monte Matthews, USACE
Ms, Cathy Brittingham, NC DCM
Mr. Stephen Lane, NC DCM
Mr. Garcy Ward, NCDWR

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.
- i. ir IIIM
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/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer,Wilmington Regulatory Division, Mr. Philip Shannin,Administrative Appeal Review Officer
Attn: Mr.Kyle Barnes CESAD-PDO
2407 West 5t'Street U.S.Army Corps of Engineers, South Atlantic Division
Washington,North Carolina 27889 60 Forsyth Street,Room 10M15
910-251-4584 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 opportunity 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: Mr.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 10M15,Atlanta,Georgia 30303-8801
Phone: [phone]

DEPARTMENT OF THE ARMY PERMIT
Permittee: Mr. Brian Doliber
North Carolina Department of Transportation-Ferry Division
Permit No.: SAW-2020-00462
Issuing Office:Washington Regulatory Field Office 1 CESAW-RG-W
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 commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: NCDOT proposes to conduct maintenance dredging activities within the Sloop Channel
project area for a ten year period on an as-need basis to maintain safe and timely ferry operation.The
project involves the use of one of the US Army Corps of Engineers(USACE)sidecast dredge plants or a
pipeline dredge owned by the NCDOT to maintain Sloop Channel which is the southern segment of the
Hatteras/Ocracoke ferry route.This project requests to maintain the 2.68 mile segment of Sloop Channel to
a depth of 12' and a width of 225'with 3:1 side slopes to match adjoining areas covered under separate
permitting or part of a USACE Civil Works project.An area of focus within the 2.68 mile long Sloop Channel
that would require frequent or periodic dredging is the western most 3000 linear feet identified as the"Dog
Leg"section located between navigational waypoint markers Sloop 5 to Sloop 8.This area has a history of
shoaling to depths less than 7 feet and widths less than 225 feet which is problematic and unsafe to ferry
traffic navigation. If the entirety of the"Dog Leg"section requires dredging to the requested dimensions
approximately 126,423 cubic yards of material would be removed based on the most recent survey.
Depending on the severity of shoaling in the channel and weather conditions, dredging projects are
anticipated to last between three to twelve weeks. This project would utilize the state maintained
Southdock Spoil Containment Site located adjacent to the Southdock Ferry Basin when utilizing a pipeline
dredge.
Project Location: The project area is identified as the southern reach of the Hatteras/Ocracoke ferry route
from the Southdock Ferry Basin on Ocracoke Island west into the Pamlico Sound approximately 2.68 miles
to where the ferry route turns north at an area known as "The Reef".
Permit Conditions.
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2031. 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
ENG FORM 1721,Nov 86 EDITION OF SEP 82 IS OBSOLE1'h.. (33 CFR 325(Appendix A))

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 office 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 conditions.
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) Section 10 of the Rivers and Harbors Act of I899(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 deficiencies associated with the permitted work.
e.Damage claims associated with any future modification,suspension,or revocation of this permit.
2
ENG FORM 1721,Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325(Appendix A))

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:
a.You fail to comply with the terms and conditions of this permit.
b.The information provided by you in support of your permit application proves to have been false,incomplete,or
inaccurate(See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive,this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision,the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below,as Permittee,indicates that you accept and agree to comply with the terms and conditions of this permit.
44.1/7 4/2"44/".„
(PERMITTER)NCDO ,Ferry Division,attn.Brian Dauber
aa1 9N3/9k0ai(DATE)
This permit becomes effective when the Federal official,designated to act for the Secretary of the Army,has signed below.
FOR THE COMMANDER
Date: 2021 .09.23 14:00:43 -04'00'
For Benjamin A.Bennett,District Commander
(DATE)
When the structures or work authorized by this permit are still in existence at the thue the property is transferred,the terms and
conditions of this permit will continue to be binding on the new owner(s)of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below.
(TRANSFEREE) (DATE)
*US.GOVERNMENT PRINTING OFFICE:1986•717-425
3
ENG FORM 1721,Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325(Appendix A))

Special Conditions
Sloop Channel Dredging Project
Action ID SAW-2020-00462
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of
Coastal Management Permit# 224-87 and the North Carolina Division of Water Quality
401 Water Quality Certification DWR # 20200443, are incorporated as part of the
Department of the Army permit.
WORK LIMITS
1. All work authorized by this permit must be performed in strict compliance with
the attached plans, which are a part of this permit. Any modification to these
plans must be approved by the US Army Corps of Engineers (USACE) prior to
implementation.
2. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill, or mechanized land-clearing activities shall take place
at any time in the construction or maintenance of this project, within waters or
wetlands. This permit does not authorize temporary placement or double
handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected
with this project.
3. Dredging activities authorized by this permit shall not in any way interfere with
those operations of the Corps Civil Works dredging and navigation projects.
4. Except as specified in the plans attached to this permit, no excavation, fill, or
mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, in such a manner as to impair normal
flows and circulation patterns within waters or wetlands or to reduce the reach of
waters or wetlands.
RELATED LAWS
5. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or
other toxic materials. In the event of a spill of petroleum products or any other
hazardous waste, the permittee shall immediately report it to the N.C. Division of
Water Quality at [phone] or [phone] and provisions of the North
Carolina Oil Pollution and Hazardous Substances Control Act will be followed.

CZMA
6. The Permittee shall fully abide by all conditions of the CAMA Major Development
#224-87, issued on June 11, 2021 by the North Carolina Division of Coastal
Management, which are incorporated herein by reference.
CULTURAL RESOURCES
7. The Permittee shall implement guidance indicated in the attached April 22, 2021
letter from the NCDOT Environmental Analysis Unit (NCDOT EAU) and the May
4, 2021 letter (also attached) from the North Carolina State Historic Preservation
Office (SHPO). The guidance indicates that "SCS Area A" as identified in the
March 30, 2021 archaeological report titled: "Phase 1 Remote-Sensing
Archaeological Survey of Proposed Sloop Channel Improvement Area, Inside
Hatteras Inlet, Dare County, North Carolina", shall be buffered for avoidance
during any proposed dredging operations. Additionally, if the area cannot be
avoided NCDOT shall conduct additional investigations in consultation with
SHPO prior to dredging operations.
8. In the event that substantial submerged materials are encountered that suggest
presence of shipwrecks or their debris, dredging should stop and the Office of
State Archaeology-Underwater Branch (910-458-9042) and the USACE should
be contacted.
PROJECT MAINTENANCE
9. The permittee shall advise the Wilmington District, Regulatory Division in writing
prior to beginning the work authorized by this permit. The contractors name,
phone number, and address, including any inspectors contact name and phone
number must be provided to the Wilmington District prior to any work.
10. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and
wetlands outside the permit area. Additionally, the project must remain in full
compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
ENFORCEMENT
11 . Violations of these conditions or violations of Section 404 of the Clean Water Act
or Section 10 of the Rivers and Harbors Act must be reported in writing to the
Washington Regulatory Field Office, Attn: Mr. Kyle Barnes,
kvle.w.barnesCa usace.army.mil, Wilmington District U.S. Army Corps of
Engineers within 24 hours of the permittee's discovery of the violation.

12. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United
States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre-
project condition.
13. All reports, documentation and correspondence required by the conditions of this
permit shall be submitted to the following address: U.S. Army Corps of
Engineers, Regulatory Division, Washington Regulatory Field Office, do Mr. Kyle
Barnes, 2407 W. Fifth Street, Washington, North Carolina, 27889,
kyle.w.barnes(cusace.army.mil, and by telephone at: [phone]. The
Permittee shall reference the following permit number, SAW-2020-00462 on all
submittals.
14. A representative of the Corps of Engineers will periodically and randomly inspect
the work for compliance with these conditions. Deviations from these procedures
may result in an administrative financial penalty and/or directive to cease work
until the problem is resolved to the satisfaction of the Corps.
ESA
15. In order to protect threatened and endangered species and to minimize adverse
impacts to offshore, and intertidal resources, no excavation activities, including
mobilization and demobilization, shall occur from April 1 to September 30 of any
year without notification to the Corps of Engineers Regulatory Division in
coordination with the appropriate resource agencies.
16. if any work shall occur between April 1 and November 15, the permittee will
follow the "Guidelines for Avoiding Impacts to the West Indian Manatee."
(https://www.fws.gov/raleigh/pdfs/manatee quidelines.pdf)
17. No material will be placed above mean low water (MLW) to avoid impacts to the
federally listed Seabeach amaranth (Amarantlrns pumiius), Piping Plover
(Charadrius melodus), Red Knot (Calidris cal rntus rufa), Green sea turtle
(Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricate), Kemp's ridley
sea turtle (Lepidochelys kempii), Leatherback sea turtle (Dermochelys coriacea)
and Loggerhead sea turtle (Caretta caretta) and their habitat.
18. All necessary precautions and measures will be implemented so that any activity
will not kill, injure, capture, harass, or otherwise harm any protected federally
listed species. While accomplishing the authorized work, if the permittee
discovers or observes a damaged or hurt listed endangered or threatened
species, the District Engineer will be immediately notified to initiate the required
Federal coordination.

19. Information required to be sent to the USFWS should be submitted to the
following address:
Pete Benjamin, Supervisor
Raleigh Field Office
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
[phone]
EXCAVATION/DREDGING
20. Dredging wilt be limited to operating within the Sloop Channel corridor as
identified in the permit application and attached project plans. Prior to any work
performed by dredges other than USACE-owned dredges and the pipeline
dredge owned by NCDOT, the permittee will notify the Washington Regulatory
Field Office, Attn: Mr, Kyle Barnes, to begin additional coordination and
authorization procedures.
21. The permittee will comply with all U.S. Coast Guard regulations for dredging
operations. The permittee will contact Mr. Scott McAloon, U.S. Coast Guard,
District 5 Waterways at [phone] at least 30 days prior to dredging
activities. Contact with the U.S. Coast Guard will initiate the Local Notice for
Mariners procedures to ensure all safety precautions for aids to navigation are
implemented. The permittee will notify our office when this coordination with the
U.S. Coast Guard has been commenced and updates will be provided to our
office.
22. All dredged material excavated by a pipeline dredge shall be placed in the
approved spoil containment area located adjacent to the Southdock Ferry
Terminal on Ocracoke Island as depicted in the attached plan.
23. Material excavated by a sidecast dredge will be placed at least 100 linear feet
from any known SAV resources.
24. A project report summarizing the results of the dredging and the sea turtle take
(if any) must be submitted to the USACE, (do Kyle Barnes), within 30 working
days of completion. Reports shall contain information on project location, start-
up and completion dates, cubic yards of material dredged, problems
encountered, incidental takings (include photographs, if available) and sightings
of protected species, mitigating actions taken, screening type (inflow, overflow)
utilized, daily water temperatures, name of dredge, names of endangered
species observed, and any other information the contractor deems relevant.
25. If a sea turtle is observed within 100 yards (yd) of construction operations, all
appropriate precautions shall be implemented to ensure protection of the

species, including cessation of operation if an animal moves within 50 feet (ft) of
any moving equipment. Additionally, the conditions require avoiding collisions
with swimming sea turtles, monitoring of siltation barriers for entanglement,
operation at "no wake/idle" speeds in the construction area, and reporting any
collision with and/or injury to a sea turtle to NMFS's Protected Resources
Division and the local sea turtle stranding/rescue organization.
NAVIGATION
26. This permit does not authorize the interference with any existing or proposed
Federal project, and the Permittee will not be entitled to compensation for
damage or injury to the authorized structure or work which may be caused from
existing or future operations undertaken by the United States in the public
interest.
27. No attempt will be made by the Permittee to prevent the full and free use by the
public of all navigable waters at or adjacent to the authorized work. Use of the
permitted activity must not interfere with the public's right to free navigation on all
navigable waters of the United States.
28. The Permittee must install and maintain, at its expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on
all authorized facilities constructed within navigable waters of the United States.
SECTION 10
29. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United
States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the waterway to its former
conditions. If the permittee fails to comply with this direction, the Secretary or his
representative may restore the waterway, by contract or otherwise, and recover
the cost from the permittee.
30. The permittee understands and agrees that, if future operations by the United
States require the removal, relocation, or other alteration, of the structure or work
herein authorized, or if, in the opinion of the Secretary of the Army or his
authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee will be
required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without
expense to the United States. No claim shall be made against the United States
on account of any such removal, relocation, or alteration.

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DocuSign Envelope ID:661F7GB2-87AA-4E47-97C2-E0F52097F1F6 q�,,
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.41 R r.ey
ROY COOPER0„ _,
Governor
JOHN NICHOLSON NORTH CAROLIN r.
Interim Secretary Envortunmented Orrdrrfy
S.DANIEL SMITH
Director
June 17,202I
Mr,Brian Doliber
NCDOT,Ferry Division
159 Lucinda Lane
Powells Point,NC 27966
Subject: Revision of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the proposed dredging of Sloops Channel in Hyde County.
NCDWR Project No.20200443
Dear Mr, Doliber:
Attached hereto is a copy of Certification No,004346 issued to The North Carolina Department of Transportation
(NCDOT)dated June 17,2021.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
, --DoeuSignedby:
4 Qrtwit
\.--9C98a6312oco474...
.loam' smitn,uircctor
Division of Water Resources
Attachments
Electronic copy only distribution:
Kyle Barnes,US Army Corps of Engineers,Washington Field Office
Cathy Brittingham,NC Division of Coastal Management
Orcg Daisy,NC Division of Coastal Management
Garry Ward,NC Division of Water Resources,Washington Regional Office
File Copy
11:0"":411:1.\E\19�a" North Carolina Department of Environmental Quality' Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699-1617
""��`'"`"`.." ' 919.707.9000

DocuSign Envelope ID:661F7C82-87AA-4E47-97C2-E0F62097F1F6
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations in 15 NCAC 2H .0500.
This certification authorizes the NCDOT to impact 153 acres of jurisdictional waters in Hyde County. The project shall be
constructed pursuant to the application dated received April 2,2020 and additional information dated received May 5,2021. The
authorized impacts are as described below:
Open Water Impacts in the Tar-Pamlico River Basin
Site Excavation in Open Waters
(ac)
Sloops Channel 15.5
The application provides adequate assurance that the discharge of fill material into the waters of the Tar-Pamlico River Basin in
conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore,the State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301,302,303,306,307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter
set forth.
This approval replaces the one issued on June 7,2021 and is only valid for the purpose and design that you submitted in your
application dated received April 2, 2020 and additional information dated received May 5, 2021. Should your project change,
you are required to notify the NCDWR and submit a new application. If the property is sold,the new owner must be given a
copy of this Certification and approval letter and is thereby responsible for complying with all the conditions. If any additional
wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 300 linear feet, respectively,
additional compensatory mitigation may be required as described in 15A NCAC 2H .0506(h)(6)and(7). For this approval to
remain valid, you are required to comply with all the conditions listed below. In addition,you should obtain all other federal,
state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control,Coastal
Stormwater,Non-discharge and Water Supply watershed regulations. This Certification shall expire on the same day as the
expiration date of the corresponding Corps of Engineers Permit.
Condition(s)of Certification:
Project Specific Conditions
1. This approval replaces the one issued on June 7,2021 and authorizes the excavation of approximately 126,423 cubic
yards of bottom material in the area known as the`dog leg'. All dredging is to be confined to the area shown in your
application and shall not exceed the specified depths,dimensions,and profile. Future dredging operations within
Sloops channel shall follow the requirements specified in Condition 2.
2. Additionally,this approval authorizes NCDOT to perform maintenance dredging of Sloops channel as needed for a
period of 10 years and shall expire on the same day as the corresponding USACE permit. Prior to each dredging
event,NCDOT shall submit to NCDWR in writing the necessary information to include but not limited to:the dates
of dredging operation,location within Sloops channel where dredging will take place,bottom area in acres to be
dredged,and volume of bottom material to be excavated.All dredging is to be confined to the area specified in the
subsequent notification and shall not exceed the specified depths,dimensions,and profile specified in the original
application dated received April 2,2020.
3. If a pipeline dredge is used,this material shall be properly disposed of into the Southdock upland spoil site. [15A
NCAC 02H.0506(b)(2)(3)]
4. Adherence to The Guidelines for Avoiding impacts to the West Indian Manatee:Precautionary Measures for
Construction Activities in North Carolina Waters will be required throughout construction.
5. All moratoriums on dredging activities established by the NC Wildlife Resources Commission(WRC),US Fish and
Wildlife Service(USEWS),NC Division of Marine Fisheries(DMF),or National Marine Fisheries Service(NMFS)
shall be implemented.Exceptions to this condition require written approval by the resource agency responsible for
the given moratorium.A copy of the approval from the resource agency shall be forwarded to DWR.

DocuSign Envelope ID:661F7CB2-87AA-4E47-97C2-E0F62097F1F6
General Conditions
1. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations,or ordinances that may be imposed by other government agencies(i.e. local,state,and federal)having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements,etc.
2. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCAC 0211 .0507(c)and 15A NCAC 02H .0506(b)(2)and(c)(2)1
3. No rock, sand or other materials shall be dredged from the channel except where authorized by this certification.
[15A NCAC 02H.0506(b)(3)]
4. There shall be no excavation from,or waste disposal into,jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites,or access roads to waste or borrow sites,be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from construction
activities. [15A NCAC 02H.0506(b)(3)and(c)(3)]
5. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design,installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standards it5A NCAC 02H.0506(b)(3)and(c)(3)]:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal,or exceed,the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile(spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites,the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
6. During the construction of the project,no staging of equipment of any kind is permitted in waters of the U.S.or
protected riparian buffers.[15A NCAC 02R.0506(b)(2)1
7. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)]
g. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards(including any requirements resulting from compliance with§303(d)of the Clean Water Act)and any other
appropriate requirements of State and Federal law. If the NCDWR determines that such standards or laws are not
being met(including the failure to sustain a designated or achieved use)or that State or federal law is being violated,
or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this
certification. [15A NCAC 0213.0200]
9. The Perrittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery.[l5A NCAC 02B4O506(b)(2)]
10. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications,if any,shall be maintained with the Division Engineer
and the on-site project manager.[15A NCAC 021-I,0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil
penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404
and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit.

DocuSign Envelope ID:661 F7CB2-87AA-4E47-97C2-EOF62097F1 F6
If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may
obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative
Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm,except for official state holidays. The original and one(1)copy of the petition
must be filed with the Office of Administrative Hearings,
The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative
Hearings within five(5)business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Telephone:[phone],Facsimile:[phone]
A copy of the petition must also be served on DEQ as follows:
Mr.Bill F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 17th day of June,2021
DIVISION OF WATER RESOURCES
�/�DocuSlgned by;
I\
0-441�W `-1Atprolet.11�
9C988060312DCQ474...
S.Daniel Smith,Director
WQC No. 004346

05TA7EwY',
e WMMIm
li.g,y �,:
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
•
ROY COOPER J.ERIC BOYETTE
GOVERNOR SECRETARY
April 22,2021
Ms.Ramona Bartos
Deputy State Historic Preservation Officer
North Carolina State Historic Preservation Office
4617 Mail Service Center
Raleigh,North Carolina 27699-4617
Ms.Bartos,
Subject: Phase[Remote-Sensing Archaeological Survey of Proposed Sloop Channel
Improvement Area,Inside Hatteras Inlet,Dare County,North Carolina,NCDOT Ferry
Division,ER 20-0716.
Enclosed please find two(2)copies and one digital copy of the two volume report associated with the
proposed Sloop Channel Improvement Area in Dare County.This work was completed on behalf of
NCDOT by Tidewater Atlantic Research and was accomplished in accordance with the July,2020 technical
proposal reviewed by your office.The work on this state-funded project was completed in compliance with
Section 106 of the National Historic Preservation Act and the guidelines issued by the Advisory Council on
Historic Preservation in anticipation of federal permit requirements administered by the United States
Army Corps of Engineers(USACE). The report identified one location,SCS Area A,for avoidance within
the Area of Potential Effects(APE)that corresponds to the three remote sensing survey area polygons as
detailed in the report.The potential association with vessel remains within SCS Area A suggests that the
material at the site could qualify for National Register of Historic Places(NRI-IP)eligibility.For that
reason,those magnetic anomalies,and the associated sonar targets within SCS Area A are buffered for
avoidance during any proposed dredging operations.Currently,this location and buffer will be avoided
during the proposed dredging of Sloop Channel. If it is later determined that the butTered site cannot be
avoided in relation to these or future dredging activities with Sloop Channel,additional investigation of
material generating the signature complex will be completed in consultation with your office to further .
assess this resources NRHP eligibility. If you have any specific questions regarding this documentation,
please contact me at(919)707-6089 or mtwilkerson®ncdot.gov.
Sincerely,
4att .W hew ilkerson
Archaeology Team Leader
Environmental Analysis Unit
Attachment(two volume report:two hard copies and one digital copy)
Mailing Address. Telephone [phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax:[phone] 1000 BIRCH RIDGE DRIVE
ENVIRONMENTAL ANALYSIS UNIT C,sranerService. 1-877-368-4968 RALEIGH,NC 27610
1598 MAIL SERVICE CENTER
RALEIGH,NC 27699-1598 Websire:www.ncdol.gov

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M.Bartos,Administrator
Governor Roy Cooper • Secretary D,Reid Wilson
May 4,2021
MEMORANDUM
To: Matthew T. Wilkerson,Archaeology Team Leader [e-mail]
NCDOT Environmental Analysis Unit
From: Ramona Bartos e)OJ
Acting State Historic Pireservation Officer
Re: Dredge Sloop Channel,Hatteras to Ocracoke Ferry Route,Pamlico Sound,ER 20-0716
Thank you for transmitting the draft report for the above-referenced project. We have reviewed the report
and offer the following eomments.
The archaeological'survey of the Sloop Channel inside Hatteras Inlet by Tidewater Atlantic Research,
Inc., investigated a 351.4-acre area using magnetic and acoustic remote sensing to identify and
assess anomalies that could represent historical vessel remains and other potentially significant materials
that could be affected by the proposed dredging operations.To facilitate surveying,the survey area was
divided into three sub-areas of operation-Sloop Channel North, Sloop Channel Middle,and Sloop
Channel South.
A magnetic anomaly and sonar target cluster identified in the Sloop Channel South,area was interpreted
as representing a potential historic vessel association.Due to shallow water and dense sand, data was
inconclusive with the sonar indicating that material is exposed at the site. However,sub-bottom profiler
data was unable to provide additional insight into what might be buried.
Based on the report findings,vessel remains in the Sloop Channel South area could potentially qualify for
listing in the National Register of Historic Places(NRHP). Therefore,we concur with the report authors
that the magnetic anomalies and the associated sonar targets in this area be buffered for avoidance during
any proposed dredging operations, as represented on Figure 23 of the report. If the buffered site cannot be
avoided,we concur that additional investigations of tho.materials the 3isnuture oomplvx are
warranted to identify the materials and assess their historical significance in terms of NRHP eligibility.
We also concur with-the"unexpected discovery protocol"outlined in the report,including
recommendations that the dredge company immediately shift operations away from any inadvertent
discoveries and contact all of the appropriate agencies and individuals.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at
36CFR Part 800.
Lneadnre 109 East Jones Street,Raleigh NC 27601 Mailing-Address:4617 Mail Service Center,Raleigh NC 27699-4617 Telephone/Pax:{919)814-6570/8146698

Thank you for your cooperation and consideration.If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator,at 919-814-6579 or
[e-mail]. In all future communication concerning this project,please cite the
above referenced tracking number.
cc: Julie White,NCDOT [e-mail]
Brett Thomas,NCDOT [e-mail]
•
Catherine Peele,NCDOT [e-mail]
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Location:109 East Jonea Street,Raleigh NC 27601 Mailing Addreae 4617 Mail Service Center,Raleigh NC 27699-7617 Telephone/fiat:[phone]/814-6898