Hatteras Inlet Ferry, 224-87, Major Modification Sloop Channel

------------------ Permit Class Permit Number
MODIFICATION/MAJOR 224_87
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
rrmt't
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to N.C. DOT Ferry Division 159 Lucinda Lane Powells Point NC 27966
Authorizing development in Hyde County at Sloop Channel within the Hatteras Inlet
as requested in the permittee's application dated
attached workplan drawings 4 : 1 dated 9/10/20. 1 dated 2/27/20. 1 dated 1/14/20• and 1 dated; 2/21/19,
This permit, issued on June I1 2021 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the nermit tn hp niiii -A .,,,;,a
1) Unless specifically altered herein, this Major Modification authorizes dredging by pipeline dredge
and/or sidecast dredge of a 3,000-foot section of Sloop Channel within an area between Waypoint
Sloop 5 and Sloop 8 referred to as the "dog -leg section", to a width of 225 feet and to a depth of 12 feet
below mean lower low water (MLL W), as depicted on the attached workplan drawings.
2) The complete project area of Sloop Channel is approximately 14,150 feet long (2.68 miles) and
encompasses an area of approximately 73 acres. Dredging of the "dog -leg section" of Sloop Channel
authorized by this Major Modification encompasses an area of approximately 15.5 acres. Prior to
initiating any dredging in areas that are outside of the 3,000 foot "dog -leg section", the permittee shall
submit updated detailed workplan drawings, and additional authorization from the N.C. Division of
Coastal Management (DCM) shall be required.
(See attached sheets for Additional Conditions)
TFIic narrr.;+ o +;. . I— _a _ .i
».7 -- —11F u 1- VY LLLG PGLLLLLLUX Or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance -
Any maintenance work or project modification not covered
hereunder requires further Division approval -
All work must cease when the permit expires on
December 31, 2021
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Wgnect by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
01
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pertnittee

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #224-87
Page 2 of 5
3) In accordance with commitments made by the permittee, in order to protect the endangered West Indian
Manatee, Trichechus manatus, the applicant shall implement the U.S. Fish & Wildlife Service's
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at
https://www.fws-gov/raleigh/Ddfs/ManateeGuidelines20l7.pdf
4) In order to protect fisheries resources and threatened and endangered species, no work, including
mobilization and demobilization, shall be conducted between April 1 st to September 30th of any year
without prior approval of DCM, in consultation with the appropriate resource agencies.
5) A pipeline dredge shall be used when the excavation area is within approximately 2 miles of the
Southdock dredge spoil disposal site. A sidecast dredge shall be used when the excavation area exceeds
the reach of the pipeline dredge.
6) When utilizing a pipeline dredge, spoil disposal shall be at the Southdock dredge spoil disposal site at the
north end of Ocracoke Island_ When utilizing a sidecast dredge, all excavated material shall be discharged
directly into the Pamlico Sound.
7) If a dredging methodology other than pipeline or sidecast is proposed, or should additional disposal sites
or disposal methods be proposed, additional approval from DCM shall be required, in consultation with
appropriate resource agencies.
8) If emergency conditions require NCDOT to request approval to conduct pipeline dredging within the
April 1 st to September 30th moratorium, then areas of the Southdock Dredge Spoil Disposal Site that have
been used by shorebirds as nesting areas in past years shall be surveyed. If any threatened and/or
endangered species or state species of concern are found within the spoil site, then the permittee shall
coordinate with the National Park Service (NPS), U.S. Fish and Wildlife Service (USFWS) and N.C.
Wildlife Resources Commission (WRC), and the spoil site may be closed to use.
9) Excavation shall not exceed -12 feet below the mean lower low water level (MLLW). Overdredging is
specifically prohibited, and in no case shall the depth of excavation exceed the depth of connecting waters.
10) Tugs and barges shall be utilized only in areas of sufficient depth such that the barges avoid contact with
the bottom and do not rest on the bottom during periods of low water level in the Pamlico Sound.
11) If new mooring points are necessary for the authorized activities, then the permittee shall submit plans for
the mooring points with a request for approval prior to their installation.
12) The temporary placement and/or double handling of any excavated material within waters or vegetated
wetlands is not authorized.

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Archaeological Resources
Permit 9224-87
Page 3 of 5
NOTE: An archaeological survey of Sloop Channel was conducted in March 2021 within a 351.4-acre
area 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. One
location was identified in the northeast quadrant of Sloop Channel South (SCS) Area A for
avoidance because the material at the site was interpreted as representing a potential historic
vessel location.
13) In accordance with the letter from the NCDOT Environmental Analysis Unit (NCDOT EAU) dated April
22, 2021, and the letter from the N.C. State Historic Preservation Office (SHPO) dated May 4, 2021, the
magnetic anomalies, and the associated sonar targets within. the "SCS Area A" shall be buffered for
avoidance during any proposed dredging operations, as represented on Figure 23 of the archaeological
report dated March 30, 2021 entitled: "Phase I Remote -Sensing Archaeological Survey of Proposed Sloop
Channel Improvement Area, Inside Hatteras Inlet, Dare County, North Carolina."
14) In accordance with the letter from the NCDOT EAU dated April 22, 2021, and letter from SHPO dated
May 4, 2021, if it is determined that the buffered site cannot be avoided during dredging activities, then
NCDOT shall complete additional investigations of the magnetic anomalies, and the associated sonar
targets within the "SCS Area A" to assess their historical significance in terms of eligibility for the
National Register of Historic Places (NRHP).
15) In accordance with the letter from SHPO dated May 4, 2 02 1, the "Unexpected Discovery Protocol"
described on page 33 of the March 30, 2021 archaeological report shall be followed if potential pre-
historic and/or historic cultural material is discovered that was not identified during the archaeological
survey, including recommendations that NCDOT and/or its contractor immediately shift operations away
from any inadvertent discoveries and contact all of the appropriate agencies and individuals.
Im acts to Wetlands and Waters of the State including Submer ed Aquatic Vegetation
NOTE: Dredging of the 3,000-foot section referred to as the "dog -leg section" of Sloop Channel will
impact approximately 15.5 acres of shallow bottom.
16) If emergency conditions require NCDOT to request approval to conduct sidecast dredging within the April
1st to September 34th moratorium, then the dredging shall only occur during incoming tides. This will
reduce the potential for impacts to submerged aquatic vegetation (SAV) that is located closer to shore near
the inlet, such as increased turbidity, decreased light penetration, and increased sediment deposition in
SAV beds.
17) No excavation shall take place at any time in any vegetated wetlands or surrounding waters outside of the
alignment of the areas indicated on the attached workplan drawings, without permit modification.
18) The authorized activity, including placement and removal of the pipeline, shall not result in any permanent
or temporary impacts wetlands or submerged aquatic vegetation (SAV), without permit modification.

N.C. Department of Transportation Permit #224-87
Page 4 of 5
ADDITIONAL CONDITIONS
NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at [phone], cxt. 108
to discuss operations and appropriate lighting, markers, etc. for all dredge equipment.
Maintenance Clause
19) The existing maintenance clause provisions of the active CAMA Permit No. 224-87 shall apply to the
excavation and associated spoil disposal of the 3,000-foot section referred to as the "dog -leg section" of
Sloop Channel that is authorized by this Major Modification.
General
20) No attempt shall be made by the permittee to prevent the use by the public of all navigable waters at or
adjacent to the authorized work for reasons other than safety.
21) The permittee and/or its contractor shall provide for the proper storage and handling of all oils, chemicals,
etc., necessary to carry out the project.
22) The permittee shall exercise all available precautions in the day-to-day operation of the facility to prevent
waste from entering the adjacent waters and wetlands.
23) If it is determined that additional permanent and/or temporary impacts are necessary that are not shown on
the attached work plan drawings or described in the authorized permit application, a permit modification
and/or additional authorization from DCM shall be required. In addition, any changes in the approved
plan may also require a permit modification and/or additional authorization from DCM. The permittee
shall contact a representative of DCM prior to commencement of any such activity for this determination
and any permit modification.
24) The permittee and/or its contractor shall contact the DCM Transportation Field Representative in
Elizabeth City to request a preconstruction conference prior to project initiation.
25) Nothing in this permit authorizes any activity which has not received approval from NPS for work within
the Cape Hatteras National ,Seashore. The proposed work shall not commence until the permittee has
been issued a Special Use Permit from the NPS, if one is required, and a copy of the Special Use Permit is
received by DCM.
26) This Major Modification does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required. This includes approval, if required, from the U.S. Army Corps of
Engineers (USAGE) and the N.C. Division of Water Resources (DWR).
NOTE: The U.S. Army Corps of Engineers has assigned the project Action ID No. SAW-2020-00462.

N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit 4224-87
Page 5 of 5
27) This Major Modification shall be attached to the original of Penzut No. 224-87, which was issued on
11 /20/87, as well as all subsequent modifications, renewals and letters of refinement, and copies of all
documents shall be readily available on site when a Division representative inspects the project for
compliance.
28) All conditions and stipulations of the active permit remain in force under this Major Modification unless
altered herein.
NOTE: A major modification application processing fee of $475 was received by DCM for this project.