20150506 Ver 3_Approval Letter_20161003

Wate+' Resources
EN VINONMENTAL OUALII T
PA�f �1CCROR}•
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UONALll R. VAN D1?R VAAK"I'
S. JAY ZIN1MI�iRM�AN
October 3, 2016
Dare Ceuntv
NCDWR Project No. 2015050o v3
Shoreline Stabilizatior. NC 12
State Projzci No. 14701.102&O10
MODIFICATION of APPROVAL of 40l WATER QUAL(TY CERTIFICATION with ADDITIONAL
CONDITIONS
Mr. Clay Willis
NCDOT, Division One
113 Airport Drive, Suite 100
Edenton, NC 27932
Dear Mr. Willis:
You have our approval, in accordance with ti�e conditions listed below, for the foilowing impacts for the purposc of
filling sand bags associated with dune constructioa as needed for erosion protection antl the repair oY NC 12 in Kitt}'
Hawk in Dare County:
� cn N'atxr Im acts in the Fas uotark Rivrr Basin
Site Escavation in Open Waters
(ac)
Atlantic Ocean 0.009
The project shall be const:ucted in accordance with your applica:ion dated received September 16, 2016. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3908. This certitica[ion corresponds to the Regional General Permit 198000048 issued by the Corps of
Engineers. In addition, you should acquire any other federal, state or local peimits before you proceed witli your
project including (but not Iimited to) Sediment and Erosion Control, Non-Discharge and Water Suppiy Watershed
regula[ions. This approval will expire with the zecompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Shnuld yo!ir proiect change, you must noti!y the NCDWR and submit a new applicatien. If the property is snld, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with al I the conditions. If total wedand tills for this project (now or in the future) exceed one acre, or of to�ai
impacts to s[reams (now or in the futtu'e) exeeed I50 linear feet, compensatory mitigation may be required as
described in I SA NCAC 2H .OSp6 (h) (6) ai�d (7j. Fa tliis approval to remain valid, you must adhere ie the
conditions listed in Ihe attached certification(s) and any additional cor.ditions listed below.
S��teeCNn;�h Csmlina',Enviroiane;Ilal Qualify I `Naterheniaz'.es
ifi 17 hAail Ser�ice Ceoter, Ralei�h. Nnnh Carolina 2�6494 "s17

Condition(s) o( Certification:
Project Specific Conditions
L Any sand used for dune construction must be free of debris and other pollutants [ 15A NCAC
02H.0506(b)(2)(3)]
Generai Cunditions
I. The issuance ofthis 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) havingjurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation ccntrol requirements, ete.
2. The Permittee shall ensure that tha final design drawings adhere to the permit and to ihe permit
drawings submitted for approvaL [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) ar,d
(�)(�)]
3. Puriug the construction of the project, no sta�;ing of equipment oF any kind is permitted in waters of
the U.S, or protected riparian buffers. [ 15A NCAC 02H.0506(b)(21]
4. 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)(3)]
5. 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) ofthe Clean Water
Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that
such standards ur laws are not being met (including the failure to sustain a designated or achieved use) or
tha� State or federal law is beinv violated; or that fi�rther conditions are necessary to assure compfiance;
!he NCDPIP. mzy reeveli�ate ard modity this certification. [I SA NCAC 07BA200]
5. The Permittee shall report any violations of this certification to the Divisicn of bi'aie: Resources within
24 hours of discovery. [ 15A NCAC 02B.0506(b)(2)]
7. A copy of this Water Quality Certification shall be maintained on the construction site at aIl times. In
additiou, the Water Quality Ceetification and all subsequent modifications, if any, shall be maintained with
the Division F,ngineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
3. Upon completion of the project (including any impacts at associated bonow or waste sites), the NCDOT
Division Engineer shall complete and retum the enclosed "Certification of Completion Form" to notify
the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
02H.0502(�]
[f 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 sixry (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 behveen the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petitioo must be filed with the Office of
Administrative Hearings.
1"r�e petitien ma} �e faxed-p: oviued tr�e a igiuui and one copy of the dcc�nrent is received by the Otfice oi'
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Oflice of Administratrve Hearings
6714 Yfail Service Center
Raleigh, NC 27699-6714

Telephone:[phone]Q Facsimile:[phone]
A copy ofthe petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Divisicn of Wate� Resources under Section 40 i of the Clean Water Act. if you
have any yuestions, please contact Garcy Ward at [phone] or [e-mail].
Sincerely,
��%�-��
JS ay Zifnmerman, Director
Division of Wa[er Resaurces
E:ectronic copy only distrib�tion:
Kyle Bames, US Army Corps of Engineers, Washington Field Oflice
Clay Willis, Divisionl Environmental Officer
Chris Rivenbazk, NC Department of Transportation
Cathy Brittingham, NC Division of Coastal Management
Greg Daisey, NC Division of Coastal Management, Elizabeth City
File Copy

Water Resources
ENVI(lONMEN fAL OUALiTY
NCUWR Project No.:
Applicanh
Project Name:
Date of Issuance oi A01 'Water Quatity Ceriification:
County:
t�n�r mccaoiiv
DONAI,U R. VAN [JEIi VAAR�I'
s�,,,-�,,.�,.
S. JAY %IMMERMAN
i�1rJ �
Certificate of Completion
Upon completion of aIl wurk approved wilhiu the 401 Water Quality Certification or applicable Bi!ffer Rules, and
any subseqaent modificatie�s, llie applicant �s req�i�ed to retu:n this ceiiiticata to the 401 Trausportatior. Permitting
Unit, No ;h Carolina Di•disicn of Wster Rzsccrees, ,6 U M11ail Service Centsr, P.alcigh, NC, 27bS9-1517. This form
may Se rcturned tc NCDWR by [he applicant, the applicanPs authorized agcnl, m' the project enginecr. [t is not
necessary :o send certi6cates from all of these.
AppllcnxYs Certificalion
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the consh'uction was observed to be boilt within substantial
comnliance, znd inteot ofthe 401 Water Qualiry Ce!tifieatien and Buffer N�.iles, the apnroved plans and
specifications, and other supqorting materials.
Ji�n.�tuce: �atz:
Agent's Cerliflcnfion
I, , hereby state that, to the best of my abilities, due care and dilige�icc
was used in the observation of the construction such that the co�utruction was observed to be built within substantial
catnpliance und intent of the 401 Water Quality Czrtitication ar.d 6uffer Rales, :he approved plans ard
speeificatio��s, and oiher supporting male� ials.
Signa[ure:
Engineer's Cerlifienliou
Partial Final
1, , as a duly regis[ered Professional Engfneer in [he Sta[e of North
C�rolina, having been au[heri?ed to observe (periodically, weekly, full timej the oonstn�ction ofthe nroject for the
Pennittee hereby state [ha[, ro the best of my abilities, due care and diligence was used in [he�observation of [he
eonstruction such that the construetion was observed to be built within substantixl compliance and intent oCtl�e 401
Water Quality Czrtiticatior and 6ufier Rules, the approved plans and specitications, and other supporting materials.
Signature
Date
Registration No.
Staic of Ncrth Camlina',Lnauon;ncrlal <.ruzGfy I Wmcr Raxoums
1&17 Mail $ervlce Center, Raleigl,, f:nrth r_,amlina 2i�54oti