20020248 Ver 1_Other Agency Comments_20071231

FPermit Class Permit Number
d RENEWAL A1j~ 38-02 G
MAINTENANCE 5 STATE OF NORTH CAROLINA
Y Department of Environment and Natural Resources
and
Coastal Resources Commission, Z00'~'

~ Q~ TY

for Asti
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. Department of Transportation, Ferry Operations, P.O. Box 57, Hatteras, NC 27943

Authorizing development in Dare County at Stumpy Point Bay, off SR 1164 at Stumpy
Point Emergency Ferry Terminal as requested in the permittee's application letter dated 11/5/07

This permit, issued on 12/11/07 , 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 permit to be null and void.

Stumpy Point Ferry Basin, Access Channel and Federal NaviZational Channel

1) In order to protect Essential Fish Habitat (EFH) and related fishery resources, no excavation shall be
permitted between the dates of February 15 and October 31 of any year without the prior approval of
the N.C. Division of Coastal Management (DCM), in coordination with the U.S. Army Corps of
Engineers (USACE), N.C. Division of Marine Fisheries and the National Marine Fisheries Service.

2) Nothing in this permit authorizes any activity that has not received approval from the U.S. Fish and
Wildlife Service (USFWS) for work within the Alligator River National Wildlife Refuge.

3) Nothing in this permit authorizes any activity that has not received approval from the U.S. Army
Corps of Engineers (USACE) for work within the Federal navigational channel.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permlttee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be. ~r ft !!y
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance. l /

Any maintenance work or project modification not covered James H. Gregson, Director
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.

December 31, 2012
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
M
anagement Program. Signature of Permittee
L

N.C. Department of Transportation Permit #38-02
Page 2 of 2

ADDITIONAL CONDITIONS
A
Maintenance Clause

4) DCM shall be notified in writing at least two (2) weeks in advance of any maintenance work
authorized by this permit, and such notification shall include:
A. The number of the original permit.
x
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross-hatching indicating the current channel
location, the area to be maintained, the area to be used for spoil disposal, and the estimated
amount of material to be removed. The location, design and holding capacity of the spoil
disposal site shall be approved by a representative of the Division prior to the initiation of
any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
5) This renewal shall be attached to the original of Permit No. 38-02, which was issued on 4/2/02, as
well as all subsequent modifications, renewals and letters of refinement, and all documents shall be
readily available on site when a Division representative inspects the project for compliance.

6) All conditions and stipulations of the active permit remain in force under this renewal unless altered
herein.