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Home My WebLink About20061726 Ver 2_Approval Letter_20120221� T��- 1`1�.®—ER—R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary February 21 2012 Mr Lance Winslow Environmental Supervisor /Dredge Superintendent N C Department of Transportation/Ferry Division 8550 Shipyard Road Manns Harbor NC 27953 Subject Modification of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for proposed improvements to the Stumpy Ferry Channel in Dare County NCDWQ Project No 20061726 v 2 Dear Mr Winslow Attached hereto is a modification of Certification No 003595 issued to The North Carolina Department of Transportation (NCDOT) dated December 8 2006 If we can be of further assistance do not hesitate to contact us racer i Cha es Director 0 Attachments cc Bill Biddlecome US Army Corps of Engineers, Washington Field Office Stephen Lane, Division of Coastal Management Morehead City Cathy Brittingham Division of Coastal Management Raleigh Soma Carrillo NCDWQ Transportation Permitting Unit File Copy North Carolina Division of Water Quality Internet «ww nc%%aterqumlit} org 943 Washington Square Mau Phone 252 946 -6481 Washington NC 27889 FAX 252 946 9215 An Equal OpportunitylAfitnnaM Acton Employer— 50% Recycled /10% Post Consumer Paper None hCaroluia �atura!!r� Page 2 of 4 Modification to the 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 Quality ( NCDWQ) Regulations in 15 NCAC 2H 0500 This certification authorizes the NCDOT to dredge approximately 19,704 cubic yards of bottom material from the Ferry Channel in Stumpy Point Bay in Dare County as needed to increase the average channel depth from 8 to 10 The prof ect shall be constructed pursuant to the application dated received February 16 2012 The application provides adequate assurance that the discharge of fill matenal into the waters of the Pasquotank River Basin in conjunction with the proposed activities 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 February 16 2012 Should your project change you are required to 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 any additional wetland impacts or stream impacts for this project (now or in the future) exceed one acre or 150 linear feet, respectively additional compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7) 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 This modification is applicable only to the additional proposed activities All of the authorized activities and conditions associated with the original Water Quality Certification dated December 8 2006 and subsequent modifications still apply except where superceded by this certification V`ioIations of any condition herem set forth may result in revocation of this Certification and may result in cruninal 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 admuustrative 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) 733 2698 Facsmule (919) 733 3478 A copy of the petition must also be served on DENR as follows Ms Mary Penny Thompson General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 1601 This the 21 st day of February DIVISI OF WATER Q Charles Waluld Director WQC No 003595 2012 Page 3 of 4