20080797 Ver 2_Approval Letter_20100216

\?l
1?
A,
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 16, 2010
Mr. Lance Winslow, Environmental Supervisor
NC DOT Ferry Division
8550 Shipyard Road
Matins Harbor, NC 27953
Subject: Modification of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS for the Proposed construction of a Ferry crew dormitory in Dare
County, WBS No. 41954.
DWQ Project No. 20080797 v.2
Dear Mr. Winslow:
Attached hereto is a modification of Certification No.. 003744 issued to The North Carolina Department of
Transportation dated June 18, 2008.
If we can be of further assistance, do not hesitate to contact us.
Sincerely_
for Coleen H. Sullins
Director
Attachments
cc: Mr. Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Mr. Jim Hoadley, Division of Coastal Management, Elizabeth City
Cathy Brittingham, DCM, 1638 Mail Service Center, Raleigh
Sonia Carrillo, DWQ, 401 /Wetlands Unit
File Copy
North Carolina Division of Water Quality Internet rclcetnc?eaiertmalih•.orrn
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
NorthCarolina
Natura!!rf
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page 2 of 3
Modification to the 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 Quality (DWQ) Regulations in 15
NCAC 2H.0500. This certification authorizes the NCDOT to impact 0.15 acres of jurisdictional wetlands in Dare
County. The project shall be constructed pursuant to the modification request dated received February 10, 2010.
The authorized impacts are as described below:
Wetland Imnacts in the Pasauotank River Basin
Fill Fill (temporary) Total Wetland Impact
Dormitory #2
ac ac ac
Original approved 0.14 0 0.14
impacts
New additional impacts 0 0.01 0.01
with this approval
Total 0.14 0.01 0.15
Total Wetland Impact for Project: 0.15 acres.
The application provides adequate assurance that the discharge of fill material into wetlands 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 is only valid for the puip6se and design that you submitted in your modified application dated
received February 10, 2010. All the authorized activities and conditions of the certification associated with the
original Water Quality Certification dated June 18, 2008 still apply except where superceded by this certification.
Should your project change, you are required to notify NCDWQ 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 150 linear feet, respectively, additional compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 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 Stormwatey 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:
1. This modification is applicable only to the additional proposed activities. All of the authorized activities
and conditions associated with the original Water Quality Certification dated June 18, 2008 and
subsequent modifications still apply except where superceded by this certification.

2. A copy of this Water Quality Certification shall be maintained on site at 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.

Page 3 of 3
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.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty
(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to
Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have
the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and binding.
This the 16th day of February, 2010
DIVISION OF WATER QUALITY
for Coleen H. Sullins
Director
WQC No. 003744