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Home My WebLink About20170056 Ver 2_Approval Letter_20210521 DocuSign Envelope ID: DEAFAD7E-5BBE-4B8E-909E-947650F7F726 ST+ g ROY COOPER 111'0 = : 'l Governor lit-; ;1 DIONNE DELIL-GATTI s • Secretary " S. DANIEL SMITH NORTH CAROLINA Director nvOronmgrrtnf QvGrlry May 21,2021 Dare County NCDWR Project No.20170056 v.2 Stumpy Point Maintenance Dredging APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Brian Doliber NCDOT,Ferry Division 159 Lucinda Lane Powells Point,NC 27966 Dear Mr. Doliber: You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of maintenance dredging at the Stumpy Point Ferry Terminal in Dare County: Open Water Impacts in the Pasquotank River Basin Site Excavation in Open Waters (ac) Stumpy Point Bay 0.30 The project shall be constructed in accordance with your application dated received May 14,2021. After reviewing your application,we have decided that these impacts are covered by General Water Quality Certification Number 4142. This certification corresponds to the Nationwide Permit 35 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). For this approval to remain valid,you must adhere to the conditions listed in the attached certification(s)and any additional conditions listed below. Condition(s)of Certification: Project Specific Conditions 1. This approval authorizes the excavation of approximately 1,500 cubic yards of bottom material. This material shall be properly disposed of into the approved US Fish and Wildlife Service upland spoil site. [15A NCAC 02H.0506(b)(2)(3)] --.0"----- - 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 �` 1•1 919.707.9000 DocuSign Envelope ID: DEAFAD7E-5BBE-4B8E-909E-947650F7F726 2. Adherence to The Guidelines for Avoiding Impacts to the West Indian Manatee:Precautionary Measures for Construction Activities in North Carolina Waters will be required throughout construction. 3. The permittee will need to adhere to all appropriate in-water work moratoria(including the use of pile driving or vibration techniques)prescribed by the NC Division of Marine Fisheries(DMF)and the National Marine Fisheries Service(NMFS). At this time DMF and NMFS have granted a one time relief for Stumpy Point dredging. Any change in the proposed scope of work will require further coordination with DMF and NMFS. General Conditions 1. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal)having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. 2. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)] 3. No rock, sand or other materials shall be dredged from the channel except where authorized by this certification. [15A NCAC 02H.0506(b)(3)] 4. There shall be no excavation from,or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites,or access roads to waste or borrow sites,be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from construction activities. [15A NCAC 02H.0506(b)(3)and(c)(3)] 5. 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 [15A NCAC 02H.0506(b)(3)and(c)(3)]: 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. 6. During the construction of the project,no staging of equipment of any kind is permitted in waters of the U.S. or protected riparian buffers. [15A NCAC 02H.0506(b)(2)] 7. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)(3)] 8. The permittee and its authorized agents shall conduct its 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 NCDWR 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 NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 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 �`�� 919.707.9000 DocuSign Envelope ID: DEAFAD7E-5BBE-4B8E-909E-947650F7F726 9. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 10. 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)] 11. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete the "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)] 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. Sam M. Hayes,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. DocuSigned by: 9C9886312DCD474... S.Daniel Smith,Director Division of Water Resources Electronic copy only distribution: Kyle Barnes,US Army Corps of Engineers,Washington Field Office Greg Daisey,DCM,Elizabeth City Cathy Brittingham,DCM,Raleigh Garcy Ward,NC DWR,Washington Regional Office File Copy firio 93 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 I. �`�� 919.707.9000