HomeMy WebLinkAbout20191251 Ver 4_Approval Letter_20201001 DocuSign Envelope ID:52E76125-235C-41DD-B4BF-697836D47AF3
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ROY COOPER • ).• ` il
Governor 'a
MICHAEL S. REGAN ; ;
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director EnPfronmertral Qualify
October 1,2020
Hyde County
NCDWR Project No.20191251 v.4
Ocracoke NC 12 and Dune Repair
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL
CONDITIONS
Mr.Paul Williams
NCDOT Division 1
113 Airport Drive
Edenton,NC 27932
Dear Mr.Williams:
You have our approval,in accordance with the conditions listed below,to place an additional 1,879 linear feet of
sand bags adjacent to NC 12 for the purpose of restoring the dunes needed for the protection of the roadway in
Ocracoke in Hyde County. This will involve the excavation of approximately 6,277 cubic yards of sand from the
swash zone for use in filling the sand bags.
The project shall be constructed in accordance with your modified application dated received September 30,2020.
All the authorized activities and conditions associated with the original Water Quality Certification dated
September 25,2019 and modification dated February 5,2020 still apply except where superseded by this
certification.After reviewing your application,we have decided that these impacts are covered by General Water
Quality Certification Number 4146. This certification corresponds to the Regional General Permit 198000048
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 permit.
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 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 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 300 linear feet,compensatory mitigation may be required as
described in 15A NCAC 2H.0506(h)(6)and(7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0259.For this approval to remain valid,you must adhere to the conditions listed in
the attached certification(s)and any additional conditions listed below.
�, �� North Carolina Department of Environmental Quality Division of Water Resources
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12N h SalisburyStreet1 17M it ServiceCenter Raleigh,N h r Carolina 27 1 17
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919.707.9000
DocuSign Envelope ID:52E76125-235C-41DD-B4BF-697836D47AF3
Condition(s)of Certification:
1. This modification is applicable only to the additional proposed activities. All of the authorized activities and
conditions of certification associated with the original Water Quality Certification dated September 25,2019 and
modification dated February 5,2020 still apply except where superseded by 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. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
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 8:00am and 5:00pm,except
for official state holidays. The original and one(1)copy of the petition must be filed with the Office of
Administrative Hearings.
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: (919)431-3000,Facsimile: (919)431-3100
A copy of the petition must also be served on DEQ as follows:
Mr.Bill F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions,please contact Garcy Ward at(252)948-3917 or garcy.ward@ncdenr.gov.
Sincerely,
DocuSi ned by:
$S.Daniel Smith,Director
Division of Water Resources
Electronic copy only distribution:
Kyle Barnes,US Army Corps of Engineers,Washington Field Office
Greg Daisey,NC Division of Coastal Management
Cathy Brittingham,NC Division of Coastal Management
Sabrina Henry,National Park Service
Travis Wilson,NC Wildlife Resources Commission
Garcy Ward,NC Division of Water Resources Washington Regional Office
Q� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
° `°a°i""'� ti. 919.707.9000