20130144 Ver 2_Approval Letter_20130910

A 4*
NCDENR-
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A Reeder John E Skvarla, III
Governor Director Secretary
September 10, 2013
Mr. Clay Willis, Division Environmental Officer, NCDOT, Division 1
113 Airport Road
Edenton, NC 27932
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water with ADDITIONAL
CONDITIONS for the proposed emergency beach repair /nourishment along NC 12 near Mirlo Beach in
Dare County.
NCDWR Project No. 20130144v2
Dear Mr. Willis:
Attached hereto is a copy of Certification No. 003963 issued to The North Carolina Department of Transportation
(NCDOT) dated September 10, 2013. Please note the this certification is issued with consideration of North
Carolina Executive Order No. 8, issued by Governor Pat McCrory on March 19, 2013.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
0�
Thomas A. 6Reeler
Attachments
cc: Tracey Wheeler, US Army Corps of Engineers, Washington Field Office (electronic copy only)
Bill Biddlecome, US Army Corps of Engineers, Washington Field Office (electronic copy only)
Jerry Jennings, PE, Division I Engineer
Mike Bryant, Refuge Manager, Pea Island National Wildlife Refuge (electronic copy only)
Gary Jordan, US Fish and Wildlife Service (electronic copy only)
Chris Militscher, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Cathy Brittingham, Division of Coastal Management (electronic copy only)
Garcy Ward, NCDWR Washington Regional Office (electronic copy only)
File Copy
Transportation Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NorthCarolina
Location 512 N Salisbury St Raleigh, North Carolina 27604 ������ "�
Phone 919 - 807 -6300 \ FAX 919 - 807 -6488
Internet www ncwatercluallty.orq
An Equal Opportunity \ Affirmative Action Employer

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 replenish the beachfront in Mirlo Beach and
north into the Pea Island National Wildlife Refuge in Dare County. The project shall be constructed pursuant to the
application dated received June 19, 2013. The authorized impacts are as described below:
• Replenish an area of oceanfront beach approximately 11,250 feet in length (approximately 64 acres) with
approximately 1.7 million cubic yards with offshore - dredged sand.
The application provides adequate assurance that the discharge of fill material into the waters of the Atlantic Ocean
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 purpose and design that you submitted in your application dated received June 19,
2013. 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 150 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:
Due to this certification being issued under an emergency order, the USFWS and the NCWRC have
agreed to suspend all moratoria requirements that would normally be in place. While this certification will
allow the NCDOT to operate year round in order to complete the project, the NCDOT and its contractors
shall diligently work to complete the project in a timely manner as to reduce potential impacts to protected
species during normal moratoria times. Additionally, the NCDOT shall continue to work with the
USFWS, NCWRC, other resource agencies, and the Park Service to minimize impacts to protected species
during normal moratoria times. Should it be found that a moratorium be necessary, the NCDWR reserves
the right to modify this certification accordingly.
2. The NCDOT and its contractors shall adhere to the submitted plans as much as practicable. Should
significant changes be necessary, the NCDWR shall be contacted for further guidance.
3. All fill material for the project shall only be obtained from the areas identified in the permit application.
4. All fill material shall be clean and free of obvious contaminants (solid or otherwise).
5. Any planned fill material which becomes contaminated during the mining or transportation process (i.e.
with fuel, oils, greases, etc.) shall no longer be used as fill material and should be disposed of
appropriately. ,
General Conditions
6. A copy of this Water Quality Certification shall be maintained on 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.

7. 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.
8. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
9. 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.
10. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certification of Completion Form" to notify NCDWR when all work included in the 401 Certification has
been completed.
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 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:OOam and 5:OOpm, 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: (919)- 431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 10th day of September 2013
DIVISION OF WATER RESOURCES
�a�F -,
Thomas A. Reeder
WQC No. 003963