20200443 Ver 1_Revised Approval Letter_20210617

DocuSign Envelope ID:661 F7CB2-87AA-4E47-97C2-E0F62097F1 F6
ROY COOPER q
•
Governor # ■
JOHN NICHOLSON NORTH CAROL!
Interim Secretary Enkrcinmer red Oth II:y
S. DANIEL SMITH
Director
June 17,2021
Mr.Brian Doliber
NCDOT,Ferry Division
159 Lucinda Lane
Powells Point,NC 27966
Subject: Revision of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the proposed dredging of Sloops Channel in Hyde County.
NCDWR Project No.20200443
Dear Mr.Doliber:
Attached hereto is a copy of Certification No. 004346 issued to The North Carolina Department of Transportation
(NCDOT)dated June 17,2021.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
,-DocuSigned by:
-9C9886312DCD474...
6.i amet 6mitn,Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Kyle Barnes,US Army Corps of Engineers,Washington Field Office
Cathy Brittingham,NC Division of Coastal Management
Greg Daisy,NC Division of Coastal Management
Garcy Ward,NC Division of Water Resources,Washington Regional Office
File Copy
. . 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
134• "`� NM` 1"°�� 919.707.9000

DocuSign Envelope ID:661 F7CB2-87AA-4E47-97C2-E0F62097F1 F6
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 Resources (NCDWR) Regulations in 15 NCAC 2H .0500.
This certification authorizes the NCDOT to impact 15.5 acres of jurisdictional waters in Hyde County. The project shall be
constructed pursuant to the application dated received April 2,2020 and additional information dated received May 5,2021. The
authorized impacts are as described below:
Open Water Impacts in the Tar-Pamlico River Basin
Site Excavation in Open Waters
(ac)
Sloops Channel 15.5
The application provides adequate assurance that the discharge of fill material into the waters of the Tar-Pamlico River Basin in
conjunction with the proposed development 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 replaces the one issued on June 7, 2021 and is only valid for the purpose and design that you submitted in your
application dated received April 2, 2020 and additional information dated received May 5, 2021. Should your project change,
you are required to 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 any additional
wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 300 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:
Project Specific Conditions
1. This approval replaces the one issued on June 7,2021 and authorizes the excavation of approximately 126,423 cubic
yards of bottom material in the area known as the 'dog leg'. All dredging is to be confined to the area shown in your
application and shall not exceed the specified depths,dimensions,and profile. Future dredging operations within
Sloops channel shall follow the requirements specified in Condition 2.
2. Additionally,this approval authorizes NCDOT to perform maintenance dredging of Sloops channel as needed for a
period of 10 years and shall expire on the same day as the corresponding USACE permit. Prior to each dredging
event,NCDOT shall submit to NCDWR in writing the necessary information to include but not limited to:the dates
of dredging operation,location within Sloops channel where dredging will take place,bottom area in acres to be
dredged,and volume of bottom material to be excavated. All dredging is to be confined to the area specified in the
subsequent notification and shall not exceed the specified depths,dimensions,and profile specified in the original
application dated received April 2,2020.
3. If a pipeline dredge is used,this material shall be properly disposed of into the Southdock upland spoil site. [15A
NCAC 02H.0506(b)(2)(3)]
4. 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.
5. All moratoriums on dredging activities established by the NC Wildlife Resources Commission(WRC),US Fish and
Wildlife Service(USFWS),NC Division of Marine Fisheries(DMF),or National Marine Fisheries Service(NMFS)
shall be implemented.Exceptions to this condition require written approval by the resource agency responsible for
the given moratorium.A copy of the approval from the resource agency shall be forwarded to DWR.

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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]
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)]
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal 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.

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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: [phone],Facsimile: [phone]
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 the 17th day of June,2021
DIVISION OF WATER RESOURCES
rnDocuSignned by:
9C9886312DCD474...
S.Daniel Smith,Director
WQC No.004346