20170508 Ver 1_DWQ Expansion Nourishment Permit 2017_20180326

Environmental
Qualrty
June 23, 2017
Ms. Catherine Peele
Ferry Division
North Carolina Department of Transportation
159 Lucindz Point
Powells Point, NC 27966
ROY COOPER
Governa�
MICHAEL S. REGAN
Secre[m���
S. JAY ZIMMERMAN
�r,��m�
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed improvements to the Southdock Ferry Basin in Ocracoke,
Hyde County, WBS ElementNo. 16.71080.
NCDWR Project No. 20170508
Dear Ms. Peele:
Attached hereto is a copy of Certification No. 0041 I S issued to The North Carolina Department of Transportation
(NCDOT) dated June 23, 2017.
If we can be of further assistance, do not hesitate to contact us.
Sincerely, /
/
� /�
�� "J��- �
S. Ja Zimmerma�, Direc[or
Division of Water Resow'ces
Attachments
Electronic copy only dis[ribution:
Kyle Bames, US Arnry Corps of Engineers, Washington Field Office
Dr. Ken Riley, National Marine Fisheries Service, Beaufort Field Office
Shane Staples, NC Division of Coastal Management
Cathy Brittingham, NC Division of Coastal Management
Greg Daisey, NC Division of Coastal Management, Elizabeth City
Garcy Ward, NC Division of Water Resoorces, Washington Regional
`�Nothiitt� Crnn��ares __ .
S[ate ofNorth Camlina I Envimnmentel Quality
1GI7 Mail Szrvlce Center I Raleigh, North Cerolina 27699-1617

401 Water Quality Certification Pursuant to Section 40l of tNe 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 ofthe United States and subject to the North Carolina Division of Wa[er Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 0.9 acres of open waters in Hyde County.
The project shall be constructed pursuant ro the application dated received February 21, 2017 and additional
information received March 21, 2017 and June 23, 2017. The authorized impacts are as described below:
O en Water Im acts in the Tar-Pamlico River Basin
Site Excavation in Open Waters (ac)
Southdock Ferry basin 0.904
Total Open Water Impact for Projech 0.904 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Tar-Pamlico
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
February 21, 2017 and additional information received March 21, 2017 and June 23, 2017. Should your project
change, you are required to notify the NCDWR and submit a new application. If Ihe property is sold, the new owner
must be given a copy of this Certification and approval letter, and is thereby responsible for comptying with all the
conditions. If any additional wedand 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 ro 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 Pennit.
Condition(s) of Certification:
1. This approval authorizes the excavation of approximately 20,000 cubic yards of bottom material. This
material is authorized to be placed on the northern terminus beach of Ocracoke Island as needed to protect
the vehicle stacking lanes. Any excess material not needed for beach re-nourishment shall be properly
disposed of into the approved spoil site on Ocracoke Island. This work shall be done in accordance with
your description dated March 21, 201Z [15A NCAC 02H.0506(b)(2)(3)]
2. Additionally, this approval authorizes NC DOT to perform maintenance dredging of the Southdock Ferry
basin and channel as needed for a period of 10 years and shall expire on the same day as the corresponding
USACE permit. All dredging is to be confined to the area shown in your application and shall not exceed
[he specified depths, dimensions, and profile.
3. The permittee will need to adhere to all appropriate in-water work moratoria prescribed by the National
Marine Fisheries Service. No in-water work is permitted between March I and October 31 of any year,
without prior approval from the NC Division of Water Resources and Ihe National Marine Fisheries
Service. In addition, the permittee shall conform to the NCDOT policy entitied "Stream Crossing
Guidelines for Anadromous Fish Passage (May 12, 1997) at all times.
4. The issuance of this certification does not exempt the Permittee from comptying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other govemment agencies (i.e. local, state, and
federal) havingjurisdic[ion, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.

5. The Permittee shall ensure that the final design drawings adhere ro 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)]
6. No rock, sand or other materials shall be dredged from [he channel except where authorized by this
certification. [ISA NCAC 02H.0506(b)(3)]
7. 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 bcated in wetlands or streams, compensatory mitigation will be required since that is a
direct impact from construction activi[ies.[15A NCAC 02H.0506(b)(3) and (c)(3)]
8. 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 [ I SA 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 Contro! 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 Carolrna 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.
9. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
O.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
10. 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.
[I SA NCAC 02H.0506(b)(3)]
1 L 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 NCD W R determines that
such standards or laws are not being me[ (including the failure to sustain a designated or achieved use) or
[hat 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]
12. 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)]
13. 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 I SA NCAC 02H
.0506 (b)(2) and (c)(2)]
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 you wish to contest any statement in the attached Ceilification you must file a petition for an administrative
hearing. You may obtain the pe[i[ion fonn from the office of AdminisVative hearings. You must file the pe[i[ion
with the office of Administrative Hearings within sixty (60) days of receipt of 8iis notice. A petition is wnsidered
filed when it is receivcd in the office of Adminisha[ive Hearings during normal office how�s. The Office of
Administrative Hearings aceep[s filings Monday Ihrough Friday between the hours of 8:OOam and S:OOpm, excep[
for official state holidays. The original and one (I) copy of the petition must be filed with the Office of
Administrative Hearings.
7he petition may be faxed-provided [he original and one copy of [he document is received by lhe Office of
Administrative Hearings within ftve (5) business days following the faxed transmission.
The mailing address for [he Office of Administrative Hearings is:
Office of Adtninistrative 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
Department of Environmen[al Qualiry
1601 Mail Service Center
This the 23rd day of June, 2017
DIVISION OF WATER RESOURCES
'�'� �c�( '.
S. Jay�mmerman, Di ctor
WQC No. 004115