20080797 Ver 1_Approval Letter_20080618

OF_ W A rF9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
?O G North Carolina Department of Environment and Natural Resources
r Coleen Sullins, Director
g - i Division of Water Quality
D _ 'C
Mr. Lance Winslow, Environmental Supervisor
NC DOT Ferry Division
8550 Shipyard Road
Manus Harbor, NC 27953
June 18, 2008
Subject: 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
Dear Mr. Winslow:
Attached hereto is a copy 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.
Attachments
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Division of Water Quality
Surface Water Protection
Washington Regional Office
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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 Gregory, DWQ, 401/Wetlands Unit
File Copy
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone]
FAX [phone] Internet:
www.ncwaterquality.org
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401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued inconformity 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 0.14 acres of jurisdictional wetlands in Dare
County. The project shall be constructed pursuant to the application dated received May 9, 2008. The authorized
impacts are as described below:
Wetland Impacts in the Pasnuotank River Ratin
Site Fill
ac
Dormito #2 0.14
Total Wetland Impact for Project: 0.14 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 purpose and design that you submitted in your application dated received May 9,
2008. Should your project change, you are required to notify the DWQ 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:
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 DWQ 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, DWQ
may reevaluate and modify this certification.
2. 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.
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.
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone]
FAX [phone] Internet:
www.ncwaterguality.org
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
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4. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
5. 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.
6. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
7. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
8. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification shall be clearly marked by highly visible fencing prior to any land disturbing activities.
Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification.
9. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
this certification 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 road construction activities.
10. 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:
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.
11. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they
shall be removed and the natural grade restored upon completion of the project.
12. Native riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
13. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT
Environmental Supervisor shall complete and return the enclosed "Certification of Completion Form" to
notify DWQ when all work included in the 401 Certification has been completed.
14. 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.
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone]
FAX [phone] Internet:
www.ncwaterguality.org
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper
01? vy ^ tq William G. Ross Jr., Secretary
`O? pG North Carolina. Department of Environment and Natural Resources
of Coleen Sullins, Director
Division of Water Quality
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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 150D 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 18th day of June, 2008
DIVISION OF WATER QUALITY 06
AHoge
Supervisor
WQC No. 003744
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone]
FAX [phone] Internet:
www. ncwaterouality. org
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper