20191251 Ver 2_Approval Letter_20190926

DocuSign Envelope ID: 3C9563E5-BE7A-4B1D-80D8-211DD6AE6749
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Mr. Paul Williams
NCDOT Division One
113 Airport Road
Edenton, NC 27932
NORTH CAROLINA
Environmental Quality
September 26, 2019
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for proposed beach restoration in Ocracoke in Hyde County, State Project
No. WBS 15801.1048011
NCDWR Project No. 20191251 v.2
Dear Mr. Williams:
Attached hereto is copy of Certification No. WQC004202 issued to The North Carolina Department of
Transportation (NCDOT) dated September 26, 2019.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
DocuSigned by:
C ./�.
9C9866312DCD474...
Linda Culpepper
Director
cc: Kyle Barnes, US Army Corps of Engineers, Washington Field Office
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Cathy Brittingham, Division of Coastal Management
Greg Daisey, Division of Coastal Management
Sabrina Henry, National Park Service
Garcy Ward, NCDWR Washington Regional Office
File Copy
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
I i NORTH CARONA
o r 919.707.9000

DocuSign Envelope ID: 3C9563E5-BE7A-4B1D-80D8-211DD6AE6749
401 Water Quality Certification Pursuant to Section 401 of the 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 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to fill 0.95 acres of open water for the purpose of
beach restoration in Ocracoke in Hyde County. The project shall be constructed pursuant to the application dated
received September 20, 2019. The authorized impacts are as described below:
Open Water Impacts
Open Water Fill Permanent
Site
ac
NC 12
0.95
The application provides adequate assurance that the discharge of fill material onto the beach in conjunction with the
proposed activity 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
September 20, 2019. Should your project change, you are required to notify NCDWR 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 impacts, for this project (now or in the future)
are required the applicant should contact NCDWR as a modification of this Certification may be required. 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:
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 (c)(2)]
3. 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)]
4. If activities must occur during periods of high biological activity (e.g. turtle nesting, or bird nesting), then
biological monitoring and other requirements may be required at the request of other state or federal
agencies and coordinated with these activities. [15A NCAC 02H.0506(b)(2) and 15A NCAC 0413.0125]
5. If sea turtle eggs or hatchlings are discovered during project work, all construction activity in that area
must stop and the NC WRC Sea Turtle Hotline [phone]) must be called to make arrangements for
the eggs or hatchlings in consultation with the National Park Service. If eggs are left in place, no work
can occur within 300 feet until the incubation period ends or the nest is determined to be no longer viable
upon consultation with the NC WRC.

DocuSign Envelope ID: 3C9563E5-BE7A-4B1D-80D8-211DD6AE6749
6. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC),
US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), National Marine
Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by
the resource agency responsible for the given moratorium. A copy of the approval from the resource
agency shall be forwarded to DWR.
7. Sand used for beach restoration shall consist of compatible native material and be free of debris or other
pollutants. [15A NCAC 02H.0506(b)(2)]
8. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)]
9. 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]
10. 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)]
11. The NCDOT will conduct a pre -construction meeting with all appropriate staff to ensure that the project
supervisor and essential staff understand the permit conditions and any potential issues at the permitted
site. NCDWR staff shall be invited to the pre -construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)]
12. 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)]
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 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 5:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.

DocuSign Envelope ID: 3C9563E5-BE7A-4B1D-80D8-211DD6AE6749
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: (919)-431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This the 26th day of September 2019
DIVISION OF WATER RESOURCES
DOCUSigned by:
E44PW1.l.
12DCD474
Linda Culpepper
Director
WQC No. 004202