20211203 Ver 2_Approval Letter_20211014

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ROY COOPER
.r' '` • 14
Governor
ELIZABETH S. BISER , ,
41. 11
Secretary • a'^" *
S. DANIEL SMITH NORTH CAROLINA
Director Enwfanrnent&i Qualityy
October 14,2021
Dare County
NCDWR Project No.20211203 v.2
Ocean outfall No. 3
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr.Paul Williams
NCDOT Division 1
113 Airport Drive
Edenton,NC 27932
Dear Mr.Williams:
You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of
making repairs to Ocean Outfall No. 3 near the Red Drum restaurant near MP 10.45 in the Town of Nags Head in
Dare County:
Open Water Impacts in the Atlantic
Site Temporary(ac)
Outfall#3 0.12
temporary impacts for dewatering
The project shall be constructed in accordance with your application dated received May 26,2021,and revised
application received September 15,2021. After reviewing your application,we have decided that these impacts are
covered by General Water Quality Certification Number 4132. This certification corresponds to the Nationwide
Permit Number7 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). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0714.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:
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)]
-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
134•` 1"NMI. 1"°m. 919.707.9000

DocuSign Envelope ID:A4BD8B56-7361-44F3-A215-84AB217306D1
3. 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)]
4. If activities must occur during periods of high biological activity(e.g. sea turtle nesting,fish spawning,or bird
nesting)then biological monitoring may be required at the request of other state or federal agencies and
coordinated with these activities. [15A NCAC 02H.0506(b)(2)and 15A NCAC 04B .0125]
5. 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)]
6. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the
Sediment and Pollution Control Act,all projects shall incorporate appropriate Best Management Practices for
the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules
occur. [15A NCAC 02H.0506{b)(3) and(c)(3)and 15A NCAC 02B.0200]
7. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT,including the applicable requirements
of the NCG01000.
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. [15ANCAC 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. The NCDOT will conduct a pre-construction meeting with all appropriate staff to ensure that the project supervisor
and essential staff understand the permit conditions and any potential issues at the permitted site. NCDWR staff
shall be invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2)and(b)(3)]
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)]
12. 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)]
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.
QJ
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699 1617
�`�"�`�"•_ °�� 919.707.9000

DocuSign Envelope ID:A4BD8B56-7361-44F3-A215-84AB217306D1
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 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 [e-mail].
Sincerely,
,—DocuSigned by:
\•-9C9886312DCD474_.l y11—tor
Division of Water Resources
Electronic copy only distribution:
Kyle Barnes,US Army Corps of Engineers,Washington Field Office
Greg Daisey,NC Division of Coastal Management
Cathy Brittingham,NC Division of Coastal Management
Garcy Ward,NC Division of Water Resources Washington Regional Office
File Copy
. North Carolina Department of Environmental Quality Division of Water Resources
•_% 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
134•` 1"NMI. 1"°m. 919.707.9000