20080806 Ver 3_Approval Letter_20120514

NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
US Army Corps of Engineers,
Mr. Philip M. Payonk
PO Box 1890
Wilmington, NC 28457
Charles Wakild, P. E.
Director
May 14, 2012
Wilmington District
Natural Resources
Dee Freeman
Secretary
DWQ Project # 08 -0806 Ver. 3
Multi Coastal Counties
Subject Property: Wilmington District Corps of Engineers Maintenance Dredging Program
Lumber, Cape Fear, White Oak, Neuse, Tar - Pamlico, and Pasquotank River Basins
Revised Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Payonk:
After review of your permitting requirements this Office has decided to include General Certification
3905 (GC 3905) for Emergency Dredging to your permits. Please note that although this Certification will
fill the requirement for written approval it will still be necessary to comply with permit conditions and
give written notification to the Wilmington Regional Office or the Washington Regional Office as
described in condition one (1) of Conditions of Certification. Additional site - specific conditions may be
included to the written approval letter as outlined under condition 14. This General Certification (GC
3905) is intended to be used within existing federally maintained channels.
The General Certifications noted below were issued on March 14, 2012, before being replaced by new
updated certifications on March 18, 2012. The General Certifications below are current and enforceable
until expiration of the 404 permit.
You have our approval, in accordance with the attached conditions and those listed below, to dredge all
authorized coastal navigation channels in North Carolina and dispose of the dredged material on previous
disposal sites including ocean front beaches, confined upland disposal facilities, unconfined bird nesting
islands, waters and open water adjacent to the channel being dredged as described in your 401 application
dated December 16, 2011 and received in the Washington Regional Office (WaRO) on January24, 2012.
After reviewing your application, the proposed impacts are covered by General Water Quality
Certification Number(s) 3682 (GC3682), 3684 (GC3684), 3698 (GC3698), 3700 (GC3700) and 3703
(GC3703). In addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non - discharge, and stormwater regulations. 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 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
North Carolina Division of Water Quality Internet: www.ncwaterguality.ork
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorfhCarohna
An Equal Opportunity /Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Natulully

March 14, 2012
Wilmington District Corps of Engineers
Maintenance Dredging Program
Page 2 of 4
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
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:
2. Erosion & Sediment Control Practices
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 and the Mining
Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout Jr), SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters,
then the sediment and erosion control requirements contained within Design Standards in
Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment and erosion
control requirements.
3. No Waste, Spoil, Solids, or Fill of Any Kind
Amount Approved (Units)
Plan Location or Reference
Stream
N/A (feet)
404 /CAMA Wetlands
N/A (acres)
Waters
Multi (acres) Maintenance
Dredging
www.saw.usace.army.mil /nav
/map/htm
Buffers
(square ft.
2. Erosion & Sediment Control Practices
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 and the Mining
Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout Jr), SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters,
then the sediment and erosion control requirements contained within Design Standards in
Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment and erosion
control requirements.
3. No Waste, Spoil, Solids, or Fill of Any Kind

March 14, 2012
Wilmington District Corps of Engineers
Maintenance Dredging Program
Page 3 of 4
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 Pre - Construction Notification and authorized by this written
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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
by DWQ. 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 or stream beds or banks, adjacent to or upstream and
down stream of the above structures. All devices shall be removed and the natural grade restored
within two (2) months of the date that the Division of Land Resources has released the project.
5. If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH and possible aquatic life /fish kills.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best
management practices from the most current version of the NC Sediment and Erosion Control
Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock
berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
7. Certificate of Completion
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 Oversight /Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
8. Wetland Hydrology Monitoring and Modification
Staging of water levels in Watershed 1 & 2 shall be managed such that adjacent landowners are not
negatively impacted (unless a third party acquires interest in the land associated with hydrology
management; i.e., a Wetland Reserve Program easement administered by the Natural Resources
Conservation Service). Landowners asserting that the Pocosin Lakes National Wildlife Refuge
Hydraulic and Hydrologic Study and Water Management Plan (Plan) has /is negatively affecting their
property may contact the Refuge Manager for abatement of impacts. Water management activities
related to the Plan which negatively impact adjacent landowners will be altered to eliminate the
negative impact. Where a third party has acquired an interest involving hydrology management of
the adjacent property, the Refuge Manager will coordinate with the third party to resolve any issues.

March 14, 2012
Wilmington District Corps of Engineers
Maintenance Dredging Program
Page 4 of 4
9. Work Moratoriums
The permittee shall adhere to all appropriate in -water work moratoriums as prescribed by the NC
Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine Fisheries
Service.
10. 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 General Water
Quality Certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and /or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699 -6714. 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 15A NCAC 02H. .0500. If you have any questions, please telephone Roberto Scheller of the
Washington Regional Office at 252- 948 -3940 or Ian McMillan of the 401 Oversight /Express Unit at 919-
807 -6364
incerely,
L
For Ch k Wakild, P.E.
Enclosures: GC 3905
cc: Corps of Engineers Washington Regulatory Field Office
DWQ 401 Oversight/Express Unit
DCM, Doug Huggett, Morehead District Office
DLR, WaRO
File copy
Filename: 08 -0806 Ver.3