20170056 v.3 IC approval letter

Docusign Envelope ID: 3D679D56-C2A4-4AF2-A7AE-F2CB834B229F
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Brian Doliber
NCDOT, Ferry Division
159 Lucinda Lane
Powells Point, NC 27966
NORTH CAROLINA
Environmental Quality
August 7, 2024
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the Proposed Dredging of the Stumpy Point Ferry Terminal in Dare
County.
NCDWR Project No. 20170056 v.3
Dear Mr. Doliber:
Attached hereto is a copy of Certification No. WQC007077 issued to The North Carolina Department of
Transportation dated August 7, 2024.
This approval is for the purpose and design described in your application. The plans and specifications for this project
are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the appropriate fee. If the property
is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions.
[15A NCAC 02H .0507(d)(2)]. This Certification does not relieve the permittee of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project, including those required by, but
not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer
regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
DocuSigned by:
thtUto
04351F033762414...
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Kyle Barnes, USACE, Washington Field Office
Stephen Lane, NC Division of Coastal Management
Cathy Brittingham, NC Division of Coastal Management
Garcy Ward, NC Division of Water Resources, Washington Regional Office
File Copy
E
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Docusign Envelope ID: 3D679D56-C2A4-4AF2-A7AE-F2CB834B229F
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 North Carolina Department of Transportation to impact 0.95 acres
of open water in Pasquotank County. The project shall be constructed pursuant to the application dated received
August 2, 2024. The authorized impacts are as described below:
Open Water Impacts in the Pasquotank River Basins
Site
Excavation in Open Water
(ac)
Stumpy Point Bay
0.95
The application provides adequate assurance that the discharge of fill material into the waters of the Pasquotank 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 is only valid for the purpose and design that you submitted in your application dated received August
2, 2024. 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 perennial stream impacts, for this project
(now or in the future) exceed one tenth of one acre or 300 linear feet, respectively, additional compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (c).
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.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands
or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere
with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right
or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a
defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of
priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which
the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the Division may inspect the
property.
Condition(s) of Certification:
Project Specific Conditions
1. This approval authorizes the excavation of approximately 3,946 cubic yards of bottom material. This material
shall be properly disposed of into the approved US Fish and Wildlife Service upland spoil site. [I 5A NCAC
02H.0506(b); 15A NCAC 02H .0507(c)]
2. This Certification is associated with the NW 35 permit issued by the Corps of Engineers for this activity.
RE Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oaa.nmc�i or enriunmemai u�.uq 919.707.9000

Docusign Envelope ID: 3D679D56-C2A4-4AF2-A7AE-F2CB834B229F
3. 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. [15A NCAC
02H.0506(b); 15A NCAC 02H .0507(c)]
4. The permittee will need to adhere to all appropriate in -water work moratoria (including the use of pile
driving or vibration techniques) prescribed by the NC Division of Marine Fisheries (DMF) and the
National Marine Fisheries Service (NMFS). Exceptions to this condition require written approval by the
resource agency responsible for the given moratorium. [I 5A NCAC 02H.0506(b); 15A NCAC
02H .0507(c)]
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 02H .0507(c) and 15A NCAC 02H .0506 (b)]
3. No rock, sand or other materials shall be dredged from the channel except where authorized by this certification.
[15ANCAC 02H.0506(b)]
5. 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); 15A NCAC 02H .0507(c)]
4. 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 [ 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A
NCAC 02B .0231)]:
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. [I 5A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)]
5. 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); 15A NCAC 02H .0507(c)]
RE Q_1� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTI� OMOUNA
o,P. mnorammmem�i0 Ity 919.707.9000

Docusign Envelope ID: 3D679D56-C2A4-4AF2-A7AE-F2CB834B229F
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 02H.0506(b); 15A NCAC 02H .0507(c)]
7. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [ 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)]
8. 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 02H .0507(c) and 15A NCAC 02H .0506 (b)]
9. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete the "Certification of Completion Form" to notify the NCDWR when all work included in
the 401 Certification has been completed. [ 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)]
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. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water
Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A
NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of
Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage
under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the
Director of the North Carolina Division of Water Quality. Violations of any condition herein set forth may result in
revocation of this Certification and may result in criminal and/or civil penalties. Pursuant to G.S. 143-215.6A, these
violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per
day for each violation.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be
contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case
Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days.
Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of
the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and
Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in
accordance with N.C.G.S 15013-23(a).
This the 71h day of August 2024
DIVISION OF WATER RESOURCES
DocuSigned by:
SLIMA& i✓Alt,M
04351F033762414...
Richard E. Rogers, Jr., Director
WQC No. 007077
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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oaa.a rt or �mmnmemai u�.uq 919.707.9000