HomeMy WebLinkAbout20160149 Ver 2_Approval Letter_20170119Environmen ta I
QUoIlty
ROY COOPER
Governoi
MICHAEL S. REGAN
Secreta�y
S. JAY ZIMMERMAN
Director
January 19, 2017
Hyde County
NCDWR Project No. 20160149 v.2
Maintenance Dredging
APNROVAL of 401 WATER QUALITY CERTIFICATION with AUDITIONAL CONDITIONS
Catherine Peele
NCDOT, Ferry Division
159 Lucinda Lane
Powells Poin[, NC 27966
Dear Mrs. Peele:
You have our approval, in accordance with the conditions listed below, for the following impacts f'or the purpose of
maintenance dredging a[ the Southdock Ferry T'erminal a[ Ocracoke in Hyde County:
O en Water Im ac[s in the Pamlico River Basin
Site Excavation in Open Waters
ac
Pamlico Sound � q
The project shall be constructed in accordance with your e-mail request dated received January 17, 2017. After
reviewin� your application, we have decided that these impacts are covered by General Water Qualiry Cenification
Number 3894. This certification corresponds ro the Nationwide Permit 35 issued by the Corps of Engineers. In
addition, you should acquire any other fcderal, state or local permits before you proceed with your project including
(but no[ limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit.
This approval is valid solety for the purpose and design described in your application (unless moditied below).
Should your project change, you must no[ify the NCDWR and submit a new application. Ifthe proper[y is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complyin�
with all the conditions. If total wetland fills for this project (now or in the fumre) exceed one acre, or of total
impac[s to streams (now or in [he future) exceed I50 linear fee[, compensatory mitiga[ion may be required as
described in I SA NCAC 2H .0�06 (h) (6) and (7). For this approval to remain valid, you must adhere [o [he
conditions listed in the attached cenification(s) and any additional conditions listed below.
"Nothing Compares"- �
State o( North Carolina I Envtronmen[al Quality
1617 Mnil Sen'icr Center I Rolcigh. Nortli ('amlinu 17hvy-I��I �
Condition(s) of Certification:
Project Specific Conditions
1. This approval authorizes the excavation of approximately 15,000 cubic yards of bottom material. This
material shall be properly disposed of into the approved spoil site on Ocracoke Island. [15A NCAC
02H.0506(b)(2)(3)]
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)(2) and
(�)(2)]
3. No rock, sand or other materials shall be dredged from the channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
4. 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 road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
5. 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)(3) and (c)(3)]:
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. [15A NCAC 02H.0506(b)(2)]
7. 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)]
8. 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 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 02B.0200]
9. The Permittee shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery. [ 15A NCAC 02B.0506(b)(2)]
10. A copy of this Water Qualiry CeRification 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 managec [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (bx2) and (c)(2)]
1 l. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return 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(�]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obqin the petition form from the ofiice of Administrative hearings. You must file the petition
with the office of Administrative Hearings within si�cty (60) days of receipt of this norice. A petition is considered
filed when it is received in [he office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday tivough Friday between the hours of 8:OOam and S: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 Heazings within five (5) business days following the faxed transmission.
The mailing address for the Office of Adminislrative Hearings is:
Office of Administrative Heazings
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 DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Qualiry
1601 Mail Service Center
7'his letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. [f you
have any questions, please contact Gazcy Ward a[ (252)946-6481 or gazcy.ward@ncdenr.gov.
Sincerely,
N`�-��s�,
S. J immerman, D' tor +
Division of Water Resources
Attachments (General Certifications and Certificate of Comple[ion form)
Electronic copy only dishibution:
Tracey Wheeler, US Army Corps of Engineers, Washington Field Office
Greg Daisey, DCM, Elizabeth City
Cathy Brittingham, DCM, Releigh
Garcy Wazd, NC DWR, Washington Regional Office
File Copy
Environmenta(
QUQ/ft}�
NCDWR Project No.:
Applicant:
Project Name:
Da[e of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Direc(or
Certificate of Comple[ion
Upon comple[ion of all work approved within [he 401 Water Quality Certitica[ion or applicable Buffer Rules, and
any subsequen[ moditica[ions, [he applican[ is required to return this certiticate [o [he 401 Transporta[ion Permitting
Unit, Nonh Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-1 6 1 7. This form
may be returned to NCDWR by the applicant, the applicanPs authorized a,ent, or the project engineer. It is not
necessary to send cenificates from all of these.
App(icart!'s Cerlificalion
I, , hereby state that, [o [he best of my abilities, doe care and dili�ence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and in[en[ of the 401 Wa[er Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signamre: Date:
Agen!'s Cer�ificutio�i
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 construction was observed to be built within substantial
compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Siona[ure:
Engi�teer's Cerlification
Partial Final
f, , as a duly reeistered Professional Engineer in [he State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and dilieence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting marerials.
Signawre
Date
Registration No.
�'Nothing Compares '- .
Stace of North Carolina I Envimnmental Qualit}
1617 Mud Semce Qnter' R�leieh_ North Carohn� ^_7699-I r 17