20091114 Ver 1_Approval Letter_20091130

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
November 30, 2009
New Hanover and
Brunswick Counties
NCDWQ Project No. 091114
Maintenance Dredging
Southport-Ft. Fisher Ferry
APPROVAL of 401 WATER QUALITY CERTIFICATION
Mr. Lance Winslow
NCDOT Ferry Division
8550 Shipyard Road
Manus Harbor, North Carolina 27953
Dear Mr. Winslow:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of conducting maintenance dredging at the Ft. Fisher and Southport ferry basins and entrance
channels in New Hanover and Brunswick Counties.
Open water impacts in the Cape Fear River
Site Amount Approved Plan Location or Reference
Ft. Fisher Ferry 112,500 cu.yds. (approx.) Sheet 3 of 5
over + 17 ac. of shallow bottom open water ,
per drawings
Southport Ferry 71,000 cu.yds. (approx.) Sheet 1 of 5
over + 8 ac. of shallow bottom open water,
per drawings
The project shall be constructed in accordance with your application dated received October 23, 2009.
After reviewing your application, we have decided that these impacts are covered by General Water
Quality Certification Number 3700 and 3698. These certifications correspond to Nationwide permits 16
and 35 respectively, as issued by the Corps of Engineers. In addition, you should acquire any other
federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with the accompanying 404 or CAMA permit.
portation permitting unit
Mail Service Center, Raleigh, North Carolina 27699-1650
ion: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
__: 919-733-17861 FAX' 919-733-6893
at http:Im2o.enr.state.nc.us/ncwetlandsl
One
NorthCarolina
Naturally
Opportunily 1 Alfirmative Action Employer
Mr. Lance Winslow
November 30, 2009
Page 2
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the NCDWQ 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 total -wetland fills for this project (now or in
the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this
approval to remain valid, you must adhere to the conditions listed in the attached certification as well as
the following specific conditions.
Condition(s) of Certification:
I . 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 NCDWQ
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, NCDWQ may reevaluate and modify this certification.
2. 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
3. The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery.
4. Upon completion of the project (including any impacts at associated borrow or waste sites), the
NCDOT Ferry Division Engineer or his authorized agent shall complete and return the enclosed
"Certification of Completion Form" to notify NCDWQ when all work included in the 401
Certification has been completed.
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:
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.
Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification.
Mr. Lance Winslow
November 30, 2009
Page 3
Work Moratoria
The permittee will need to adhere to all appropriate in-water work moratoria (including the use of
pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the
US Fish and Wildlife Service, the National Marine Fisheries Service, and the NC Division of
Marine Fisheries.
From August 12, 2002 Table
Species Moratorium Dates Primary Agency
Sturgeon Feb 1-Jun 30 NMFS
Other Anadromous Feb 15-Jun 30 NMFS
Spotfin Chub May 15-Aug 31 USFWS
Cape Fear Shiner Section 7 Consultation USFWS
_ Primary Nursery Areas Feb 15-Sep 30 NMFS/NCDMF
Sea Turtle (Nesting) May 1-Nov 15 USFWS
Piping Plover (Nesting) Apr 1-Jul 15 USF W S
Manatee (In-water work)Jun-Oct USFWS
Mussels Section 7 Consultation USFWS
Turbidity Standard
The turbidity standard of 25, NTUs (Nephelometric Turbidity Units) shall not be exceeded, as
described in 15A NCAC 213..0200. Appropriate measures and practices must be used to meet this
standard.
Please notify DWQ if any turbidity issues arise during the life of this project
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. This certification and its
conditions are final and binding unless you ask for a hearing. This letter completes the review of the
Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please
contact Ken Averitte at [phone].
Sincerely,
43t?" I kyl'a. a
?rp Coleen H. Sullins
1 " Director
CHS/ka
Cc: Brad Shaver, Wilmington US Army Corp District Office
Mason Herndon, NCDOT, Division Environmental Officer, Div. 3
Stephen Lane, Division of Coastal Management
Sonia Carrillo, NCDWQ, 401/Wetlands Group, Transportation Permitting Unit
File Copy
Brun. NewH anover. FtF ish erFerry.091 114.401. doe