20131279 Ver 3_DWR comments to Mod Request to IC for Hatteras Inlet Modification_20200330

From:
To:
Cc:
Subject:
Date:
Attachments:
Mr. Rosov,
Scarbraugh, Anthony
Pelletier, Josh R CIV CESAW CESAD (USA); Brad Rosov
Coats, Heather; Howell, Jonathan; Twyla Cheatwood - NOAA Federal; Deaton, Anne; Maria Dunn; Harrison.
James A; Paul A Wojoski (Paul.Wojoski(@ncdenr.00v)
RE: [External] Hatteras Inlet Modification
Monday, March 30, 2020 10:57:00 AM
20131279 Ver 3 Approval Letter 20180307.pdf
On March 31, 2020, the Division of Water Resources received Dare County's request to modify to
the Individual Water Quality Certification (IQWC) with additional conditions issued by the Division of
Water Resources (DWR) on March 7, 2018 under DWR Project No. 13-1279 V3. Within the
modification, Dare County requested to allow for a one-time event to utilize the North Carolina
Department of Transportation's (NCDOT) cutterhead pipeline dredge to dredge a channel 200' wide
and to a depth of -12 ft mean low water within the Hatteras Inlet Connector Channel corridor with
the disposal of dredge material at the NCDOT upland disposal site on the north end of Ocracoke
Island. In addition, Dare County requested a relief from the Dredge Moratorium extending from
April 1 to September 30 to allow for the completion of the proposed project.
After review of the proposed project and coordination with state and federal agencies, the DWR
concluded that no further modification to the existing 401 IQWC will be required at this time. In
addition, DWR will grant relief from Condition 5 of the IWQC (attached) for the one-time dredging
event only. The relief will expire of April 30, 2020. Any further modification the project will require
DWR notification and may require the application resubmittal. If have any questions or concerns,
please feel free to contact me.
Regards,5
Anthony Scarbraugh
D# E Q
Anthony Scarbraugh
Erfviromnent& Specialist 71 RFater Resources
North Carolina DeparUnmt ofEnvironmental Quality
252.948.3924 (Office)
Anthony _ Scarbraugh@ucdenr_gov
Eiroi cweWrrdexe to"kcm Un aab-ess is abW go Vle Aedh C&01FA Rd*c F orst Law and
m9y be lWpartin
From: Pelletier, Josh R CIV CESAW CESAD (USA) [mailto:[e-mail]]
Sent: Monday, March 30, 2020 9:20 AM
To: [e-mail]; Brad Rosov<[e-mail]>
Cc: Coats, Heather <[e-mail]>; Scarbraugh, Anthony
<[e-mail]>; Howell, Jonathan <[e-mail]>; Twyla
Cheatwood - NOAA Federal <[e-mail]>
Subject: [External] Hatteras Inlet Modification

Khm,,t
xternal email. Do not click links or open attachments unless you verify. Send all suspicious email as an
to reru=-spa oo 1-1^- ^
Mr. Outten,
Please see the attached Hatteras Inlet modification with added special conditions. If you have any
questions or concerns please let me know. Thanks and have a great week!
Josh Pelletier
Project Manager
US Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, North Carolina 27889
Phone: [phone]
Email: [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated
Customer Service Survey is located at:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Thank you for taking the time to visit this site and complete the survey.

F t
Water Resources
L-nvironmcnlal Quality
Dare County
Attn: Mr. Robert Outten
954 Marshal C Collins Drive
Manteo, NC 27954
March 7, 2018
ROY COOPER
Gwvrnor
MICHAEL S. REGAN
Sccrerco t'
LINDA CULPEPPER
1111er'im I ircclor
DWR # 20131279 v3
Dare and Hyde Counties
Subject: Approval of Individual 401 Water Quality Certification — Modification
Dare County Hatteras Inlet Connecter Channel Widening Project
Dear Mr. Outten,
Attached hereto is a copy of Certification No. 4081 issued to Dare County, dated March 2, 2018, This
Certification replaces the Certification issued on December 16, 2016 to include additional impacts
for connector channel widening for Dare County. Please note that you should get any other federal,
state or local permits before proceeding with the subject project, including those required by (but not
limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be contested
as provided in General Statute 150E by filing a written petition for an administrative hearing to the Office
of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

DARE COUNTY
DWR# 13-1279 V3
Individual Certification #4081
Page 2 of 7
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Contact Anthony Scarbraugh at 252-948-3924 or [e-mail] if
you have any questions or concerns.
Sincerely,
iI r
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Gregg Bodnar, DCM Morehead City (via email: [e-mail])
Jonathan Howell, DCM WaRO (via email: [e-mail])
Josh Pelletier, USACE Washington Regulatory Field Office
(via email: [e-mail])
Samir Dumpor, DEMLR WaRO (via email: [e-mail])
Kenneth Willson, Coastal Planning & Engineering of North Carolina, Inc.
(via email: [e-mail])
Anthony Scarbraugh, WaRO (via email: [e-mail])
DWR 401 & Buffer Permitting Branch file
Filename: 131279v3HatteraslnletConnecterChannelMaintenanceProject(DareHyde)_401_IC_Mod

DARE COUNTY
DWR# 13-1279 V3
Individual Certification #4081
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4081 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and
95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500, to Dare
County who have authorization for the impacts listed below, as described within your application received
by the N.C. Division of Water Resources (Division) on February 16, 2018 and subsequent information on
March 2, 2018.
The State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the
application, the supporting documentation, and conditions hereinafter set forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0506(b)(c]
Type of Impact
Amount Approved
(units)
Permanent
Amount Reduced
(units)
Temporary
Open Water
OW1 (Previous Dredging Event)
19.5 (acres)
0 (acres)
OW2 (Connector Canal Widening Dredge)
11.5 (acres) 1
0 (acres)
2. This approval is for the purpose and design described in your application and as described in the Public
Notice. The plans and specifications for this project are incorporated by reference and are an
enforceable part of the Certification. Any modifications to the project require notification to DWR
and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501
and .0502]
3. Due to the potential for impacts from sedimentation and/or turbidity on submerged aquatic
vegetation (SAV) beds and other marine habitat, when practical, the applicant shall use a hopper
dredge plant with minimum 100-foot buffer between the historically mapped SAV beds and the
proposed dredge channel widening, utilizing the previously authorized nearshore disposal site in the
Atlantic Ocean just south of Ocracoke Island. If the 100-foot buffer cannot be maintained, the DWR
Washington Regional Office (252-946-6481) must be notified. [15A NCAC 02B .0221]
4. If a sidecast dredge is utilized:
a. When practical, a minimum 100-foot buffer shall be maintained between the historically
mapped SAV beds and the proposed dredge channel; and
b. When practical, the sue of a sidecast dredge shall be limited to the out -going tide. If the 100-
foot buffer cannot be maintained, or the use of the sidecast dredge cannot be limited to the
out -going tide, the DWR Washington Regional Office (252-946-6481) must be notified. [15A
NCAC 02B .0221]

DARE COUNTY
DWR# 13-1279 V3
individual Certification #4081
Page 4 of 7
5. When practical, the applicant shall limit dredging with the Dredge Moratorium (April 1 to September
30) only to events associated with storm or shoaling that creates navigational hazards or commercial
and recreational vessels. If dredging must occur during the Dredge Moratorium, the DWR Washington
Regional Office (252-946-6481) must be notified. [15A NCAC 02B .0221]
6. All mechanized equipment operated near surface waters or wetlands shall be regularly inspected and
maintained regularly to prevent contamination of surface waters and wetlands from fuels, lubricants,
hydraulic fluids, or other toxic materials. In the event of a hydrocarbon or chemical spill, the
permittee/contractor shall immediately contact the Division of Water Resources, between the hours
of 8 am to 5 pm at the Washington Regional Office at [phone] and after hours and on weekends
call [phone]. Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Waste Control Act. [15A NCAC 02H .0506(b)(3) and (c)(3), 15A NCAC 02B
.0200 (3(f), and G.S. 143 Article 21A]
7. The Permittee shall adhere to Title 15A NCAC 02B .0221 Tidal Salt Water Quality for SA Waters and
the water quality standards applicable to Class SC and SB waters as described in Rule .220 and Rule
.0222, including but not limited to:
(g) pH: shall be normal waters for the waters in the area, which generally shall range between 6.8
and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
conditions; [15A NCAC 02B .0220(g)]
(1) Turbidity: the turbidity in the receiving waters shall not exceed 25 NTU; if turbidity exceeds this
level due to natural background conditions, the existing turbidity level shall not be increased.
Compliance with this turbidity standard can be met when land management activities employ
Best Management Practices (BMPs) [as defined by Rule .0202 of this Section]. BMPs must be in
full compliance with all specifications governing the proper design, installation, operation and
maintenance of such BMPs; [15A NCAC 02B .0220(I)]
8. Dare County shall conduct construction activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with section 303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law. [15A NCAC 02B .02001 If the
Division 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 Division may reevaluate and modify this Certification. Before
modifying the Certification, the Division shall notify Dare County and the U.S. Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public
hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to
Dare County in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
9. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to
the DWR 401 & Buffer Permitting Unit within ten days of project completion (available at:
http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms.) [15A NCAC 02H
.0502(f)]

DARE COUNTY
DWR# 13-1279 V3
Individual Certification #4081
Page 5 of 7
10. No Impacts Beyond those Authorized
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the application, as authorized in this approval, including incidental
impacts. All construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no violations of
state water quality standards, statutes, or rules occur. Approved plans and specifications for this
project are incorporated by references and are enforceable parts of this certification. [15A NCAC 02H
.0501 and .0502]
11. 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
and if applicable, comply with the specific conditions and requirements of the NPDES Construction
Stormwater Permit issued to the site [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200]:
12. 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.
13. 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,
14. Reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
15. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
16. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-
11, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion
control designs must comply with the requirements set forth in 15A NCAC 04B .0124, Design
Standards in Sensitive Watersheds.
17. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this
condition require application submittal to and written approval by the Division. If placement of
sediment and erosion control devices in wetlands and waters is unavoidable, then design and
placement of temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of
the above structures. All sediment and erosion control devices shall be removed and the natural
grade restored within two (2) months of the date that the Division of Energy, Mineral and Land
Resources (DEMLR) or locally delegated program has released the specific area within the project.
[15A NCAC 02H .0501 and .0502]

DARE COUNTY
DWR# 13-1279 V3
Individual Certification #4081
Page 6 of 7
18. An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1)
or more acres of land. This Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated in the conditions of the permit. If your project is covered by this
permit, full compliance with permit conditions including the erosion & sedimentation control plan,
inspections and maintenance, self -monitoring, record keeping and reporting requirements is
required. A copy of the general permit (NCG010000), inspection fog sheets, and other information
may be found at http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
19. Activities located in the protected riparian areas (whether jurisdictional wetlands or not), within the
Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or Goose Creek Watersheds
(or any other basin or watershed with buffer rules) shall be limited to "uses" identified within and
constructed in accordance with Title 15A NCAC 02B .0233, .0259, .0243, .0250, .0267 and .0605, and
shall be located, designed, constructed, and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management practices. All buffer
rule requirements, including diffuse flow requirements, must be met. [15A NCAC 02B .0200]
20. If concrete is used during the construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state due to the potential for
elevated pH and possible aquatic life/ fish kills. [15A NCAC 02B .02001
21. If an environmental document is required under the State Environmental Policy Act (SEPA), then this
Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD)
is issued by the State Clearinghouse. If an environmental document is required under the National
Environmental Policy Act (NEPA), then this Certification is not valid until the Final Environmental
Assessment (EA) or Environmental Impact Statement (EIS) is published by the lead agency. [15A NCAC
01C .0107(a)]
22. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals.
23. The applicant/permittee and their authorized agents shall conduct all 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 Division determines that such standards or laws are not being met, including 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, then the Division may reevaluate and modify this Water Quality
Certification. 115A NCAC 02H .0507(d)]
24. Upon completion of all impacts included within this approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval. One copy
of the certificate shall be sent to the DWR Central Office in Raleigh at 1650 Mail Service Center,
Raleigh, NC, 27699-1650. [15A NCAC 02H .0502(f))

DARE COUNTY
DWR# 13-1279 V3
Individual Certification #4081
Page 7 of 7
25. Additional site -specific conditions, including monitoring and/or modeling requirements, may be
added to the written approval letter for projects proposed under this Water Quality Certification in
order to ensure compliance with all applicable water quality and effluent standards. [15A NCAC 02H
.0507(c)]
26. This certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal business
hours. [15A NCAC 02H .0502(e)]
27. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on
the date of issuance shall remain in effect for the life of the project, regardless of the expiration date
of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]
28. Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Certification and may also result in criminal and/or civil penalties.
This the 7th day of March 2018
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/ads
4081