20061471 Ver 1_Approval Letter_20070116

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 16, 2007
Mr. Michael Rikard
National Park Service
Cape Lookout National Seashore
131 Charles Street
Harkers Island, NC 28531
Re: Harkers Island Shore Protection Project, Carteret County
DWQ #061471; USAGE Action ID. No. SAW-2006-40176-016
APPROVAL of 401 Water Quality Certification with Additional Conditions -REVISED
Dear Mr. Rikard:
Attached hereto is a copy of Certification No. 3609 issued to the National Park Service at Cape Lookout
National Seashore, dated January 16, 2007. This Certification replaces the Certification issued to you
on January 11, 2007. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
AWK/cbk/ijm
Attachments: Certificate of Completion
Sincerely,
v
Alan W. Klimek, P.E.
cc: David Timpy, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Becky Fox, U.S. EPA
Noelle Lutheran, DWQ, Wilmington Regional Office (File Copy)
Trentt James, DLR Wilmington Regional Office
Stephen Rynas, DCM Morehead City
Central Files
File Copy
Filename: 061471 HarkersIslandShoreProtectionProject(Carteret)401_IC_Revised
N~one~Carolina
401 OversighUExpress Review Permits Unit ~ -'KturQ~~l/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: http://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

National Park Service
Page 2 of 4
January 16, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
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 Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to fill 1.82 acres of jurisdictional waters and 0.05 acres of
Coastal Wetlands in the White Oak River Basin, associated with the construction of an offshore sill and
boat basin breakwater, and repair of the existing bulkhead and boat ramp for the National Park Service in
Harkers Island, Carteret County, North Carolina, pursuant to an application filed on the 11th day of
September of 2006, and the Public Notice issued by the U.S. Army Corps of Engineers on November 13,
2007.
The application and supporting documentation provides adequate assurance that the proposed work 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, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount A roved Units Plan Location or Reference
Stream N/A (feet
CAMA Wetlands 0.05 acres Stone sill
Waters 1.82 (acres Stone sill and breakwater
Buffers -Zone 1 N/A (s uare feet
Buffers -Zone 2 N/A s uare feet
Sediment and Erosion Control
2. 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:

National Park Service
Page 3 of 4
January 16, 2007
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.
3. 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 404/401Permit Application. 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.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project.
Continuing Compliance
5. The National Park Service, 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 law and federal
law. 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 to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify the National Park Service and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised
conditions shall be provided to the National Park Service in writing, shall be provided to the
United States 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.
Other conditions
6. All submerged Aquatic Vegetation (SAV) in the project area shall be avoided to the maximum
extent possible. If it is determined during construction that direct impacts to SAV beds are not
avoidable, this Office must be notified in writing and the amount of impacts must be quantified
and mitigated for by planting SAVs in the project area.

National Park Service
Page 4 of 4
January 16, 2007
7. The stone sill must be built in accordance with the site plan labeled "Preferred Alternative Plan
3.2.1"that was provided by the U.S. Army Corps of Engineers in the Project Description and
Alternative Analysis dated August 2006. Specifically, the sill must be constructed with NCDOT
class 2 riprap laid over goetextile fabric, the top of the sill must not be greater than 1 foot above
ordinary high water, the alignment openings must be provided, and the sill construction must be
40% porous throughout.
8. The breakwater proposed at the outer opening of the existing basin entrance must be built in
accordance with the site plan labeled "Preferred Alternative Plan 3.2.1" that was provided by the
U.S. Army Corps of Engineers in the Project Description and Alternative Analysis dated August
2006.
9. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
10. Within one calendar year of project completion, the National Park Service must submit a planting
and 3 year monitoring plan for any areas that are determined feasible for a specific native species.
This plan must be implemented and the first monitoring report must be received by DWQ within
two calendar years of project completion.
Also, 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 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 16th day of J ary 2007
D ~SION F T QUALITY
Alan W. Klimek, P.E.
AWK/cbk/~m
3609

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
county:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, ,hereby state that, to 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 the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, ,hereby state that, to 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 the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to 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 the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date