20171060 Ver 1_Approval Letter_20171003

Environmentul
QUQ�lry
ROY COOPER
t;�,� r�,�o,
MICHAEL S. REGAN
.s�-� i���mn�
S. JAY ZIMMERMAN
n;rec'(nr
Ocrober 3, 2017
Dare and Hyde Counties
NCDWR Project No. 20171060
Haneras/Ocracoke Passen�er Ferry
APNROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER
AUTHORIZATION with ADDITION.4L CONDITIONS
Mr. Clay Willis
NCDOT. Division I
I 13 Airport Drive. Suite 100
Edenton, NC 27932
Dear Mr. Willis:
You have our approval, in accordance with the conditions listed below, for the followin� impacts for the purpose of
installin� passen,er ferry service be[ween Hatteras and Ocracoke on US 264 in Dam and Hyde Counties:
Ri arian Buffer Im acts in the Tar-Pamlico Basin
Site Buffers Zone I Buffers Zone 2
(s ft (s R)
Silver Lake 32� 0
Total 325
The project shall be constructed in accordance with your application dated received Au,us[ 14. 2017 and CAMA
Major application received September 7, 20I7. After reviewing your application, we have decided tha[ these
impacts are covered by Water Quality General Certifica[ion Number 4097. This certification corresponds to the
Regional General Permi[ Number 198000391 issued by the Corps of En,ineers. This approval is also valid for the
Tar-Pamlico Riparian 6uffer Rules ( I SA NCAC 2Q.0?59). In addition, you should acquire any other federal, state
or local pern�i[s before you proceed wi[h your project includin� (but not limi[ed to) Sediment and Erosion Control,
Non-Discharge and Wacer 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 modified below).
Should your project change, you must notify the NCDWR and submii a new application. If the property is sold, the
new owner must be eiven a copy of [his Certifica[ion and approval letter, and is thereby responsible for complyin�
wi[h all the conditions. If total wetland fills for [his project (now or in the future) eaceed one acre, or of total
impacts [o streams (now or in [he future) esceed I i0 linear feet, compensamry mitigation may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensa[ory miti�ation
as described in I SA NCAC ?B.0259. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional condifions listed below.
Condition(s) of Certification:
The issuance of this certification does not esempt the Permittee from complying with any and all stamces, rules,
regulations, or ordinances that may be imposed by other �overnment agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable butTer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
S�ate of North Carolina � Environmenlal Qual ity
1617 Mail Service Cemzr I Ralzigh, North Carolina 27699-Ifi17

2. The Permittee shall ensure that the fmal 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 (c)(2)]
3. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged
to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC
02B.0200]
4. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization 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. [15A NCAC 02H.0501
and .0502] '
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. [ 15A NCAC 02H.0506(b)(2)]
6. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
7. 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. Far 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.
8. Sediment and erosion control measures shall not be placed in wetlands ar waters unless otherwise approved by
this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
9. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge and entrap
small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of native
trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0224, .0225]
10. 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)]
11. A turbidity curtain will be installed if driving ar drilling activities occur within the channel, on the bank, ar
within 5 feet of the top of bank. This condition can be waived with prior approval from the NCDWR. [15A
NCAC 02H .0506(b)(3)
12. 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)]
13. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. (15A NCAC 2B.0259)

14. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-
woody species by the end of the growing season following completion of construction. For the purpose of this
condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to
regular NCDOT maintenance activities including mowing. The area with non-maintained buffers shall be
permanently revegetated with native woody species before the next growing season following completion of
construction. (15A NCAC 2B.0233)
15. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project
by the end of the growing season following completion of construction. [15A NCAC 02B.0506(b)(2)]
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
17. 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 02B.0200]
18. 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)]
19. 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(fl]
20. 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)(2) and (c)(2)]
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 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 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: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Deparhnent of Environmental Quality
1601 Mail Service Center

This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Garcy Ward at [phone]or [e-mail].
Sincerely,
\' O" ,
S. ay Zimmerman Director
Division of Water Resources
Electronic copy only distribuHon:
Kyle Barnes, US Army Corps of Engineers, Washington Field Office
Clay Willis, Division 1 Environmental Officer
Greg Daisey, NC Division of Coastal Management
Cathy Brittingham, NC Division of Coastal Management
Garcy Wazd, NC Division of Water Resources Washington Regional Office
File Copy

En viron m en tu I
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Gorrrriw'
MICHAEL S. REGAN
Srrrr¢n�r
S. JAY ZIMMERMAN
i �n �-�,,,,
Certificate of Comple[ion
Upon comple[ion of all work approved wi[hin the 401 Water Quality Certifica[ion or applicable Buffer Rules, and
any subsequent modihcations, the applican[ is required to retum this certifica[e ro the 40l Transportation Permittin�
Unil, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be remrned ro NCDW R by the applicant the applicanl's authorized agent, or the project engineer. lt is not
necessary to send certificates from all of these.
,4pplicaiil's Cerlificalinn
�, , hereby state that, ro 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 [he 401 Wa[er Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportin� materials.
Sienature: Date:
Agen!'s Cerrification
I, , hereby slate that, [o 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 in[ent of [he 401 Water Quality Certifica[ion and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Si�nature:
Errgiiieer's Cerlificnlion
Partial Final
I, , as a duly registered Professional En�ineer in the Sta[e of North
Carolina. having been au[horized to observe (periodically, weekly, full time) [he construction of [he project for the
Pemiittee hereby state thal, to [he best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be buiit within substantial compliance and in[ent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
State ol North Carolina I Gnvimnmenlal Qualiry
IbI7 Mail Scrvice Center I Ralcigh, North Carolina 2 7699-1 6 1 7