20170508 Ver 2_Approval Letter_20210626

DocuSign Envelope ID: 3CB1B326-2DF2-4849-8D28-F801A7C0616C
ROY COOPER
Governor
JOHN NICHOLSON
Interim Secretary
S. DANIEL SMITH
Director
Mr. Brian Doliber
NCDOT, Ferry Division
159 Lucinda Lane
Powells Point, NC 27966
NORTH CAROL!
Enkrcinm rtled Orh8Ilty
June 26, 2021
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for Proposed improvements to the Southdock Ferry Basin in
Ocracoke, Hyde County.
NCDWR Project No. 20170508 v.2
Dear Mr. Doliber:
Attached hereto is a modification of Certification No. 004115 issued to The North Carolina Department of
Transportation (NCDOT) dated June 23, 2017.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
,-DocuSigned by:
Q.WWy
-9C9886312DCD474...
Lamei smith, 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
919.707.9000

DocuSign Envelope ID: 3CB1B326-2DF2-4849-8D28-F801A7C0616C
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 Resources (NCDWR) Regulations in 15 NCAC 2H .0500.
This certification authorizes the NCDOT to impact 2.38 acres of jurisdictional waters in Hyde County for the purpose of
expanding the Southdock Ferry Terminal basin entrance. This would allow for the basin entrance to be expanded from 225 feet
to 375 feet at the specific locations described in your application. The project shall be constructed pursuant to the application
dated received April 27, 2021. The authorized impacts are as described below:
Open Water Impacts in the Tar -Pamlico River Basin
Site
Excavation in Open
Waters (ac)
Southdock Ferry Basin
2.38
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 is only valid for the purpose and design that you submitted in your application dated received April 27, 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:
1. 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 June 23, 2017 still apply except where superseded by this
certification.
2. 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 the basin where dredging will take place, bottom area
in acres to be dredged, and volume of bottom material to be excavated. All dredging shall not exceed the depths,
dimensions, and profile specified in the modified application dated received April 27, 2021.
3. 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.
4. 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.
5. 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)]

DocuSign Envelope ID: 3CB1B326-2DF2-4849-8D28-F801A7C0616C
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.
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 25th day of June, 2021
DIVISION OF WATER RESOURCES
-DocuSigned by:
9c9886312DCD4474...
S. Danicl 01111111, Lill Gl. lV1
WQC No. 004115