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Home My WebLink About20170056 Ver 1_Approval Letter Email_20171023Carpenter,Kristi From: Sent: Carpenter,Kristi Friday, January 27, 2017 10:49 AM To: Peele, Catherine D; 'tracey.l.wheeler@usace.army.mil'; Daisey, Greg; Brittingham, Cathy; Ward, Garcy Subject: Stumpy Point Emergency Ferry Terminal Dredging, DWR 20170056, Approva) Letter Attachments: All, Stumpy Point Emergency Ferry Termina) Dredging.pdf This email is being sent to you because you have been identified as an electronic copy recipient of the subj ect proj ect. If you have any questions about this email or the attached permit, please contact Garcy Ward at 252-946-6481 or ��y.v✓��c�.(rr�r�cder��. r�,�v. If you have General Certification questions please use the following link to access the site map for General Certifications on our Website: h�.q�5://dec�.��v/�b�u.�/c%ivi:5i,�r�5/v✓�q.e�.- �e5�u��e5/v✓��e� �e5�u��e5.-.pc�rna.�.5/v✓�5�.cv✓��e�.-:b��s�ch/4�)� �e�l�s�d5..-buffe�.-pc�rni:�5/4�)�- �es�e��l cc��,ifac��a�s�s. Sincerely, Kristi Lynn Carpenter Kristi Lynn Carpenter Administrative Assistant Transportation Permitting Unit NCDEQ/Division of Water Resources — Wetlands Branch 919.707.8785 office kiri�.t.i.l.yu�u�..:��.ir. �u�t�ir u��d�u�ir. r�u 512 N Salisbury Street, 12th Floor 1617 Mail Service Center Raleigh, NC 27699-1617 °x� ' x�x ��iB x� .. _ ..... -... a�� ,��s�� `��,� ��,�,� �,� ,��.�� `�� 'J��`� �°�� .�� :�,� ��W�r �� .� �� ,��,�� :s��,�. EI1Vl (U77IT1 PI7 tG � Quality ROY COOPER r;ur¢rnor MICHAEL S. REGAN Sa-c rrv,n� S. JAY ZIMMERMAN �,,, �-�,�„� lanuary 27. 2017 Dare County NCDWR P%ject No. 20170056 Maintenance Dredeing State Project No. 16.71080 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Catherine Peele NCDOT, Ferry Division 159 Lucinda Lane Powells Point, NC 27966 Deaz Mrs. Peele: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of maintenance dredging a[ [he SNmpy Point Ferry Terminal in Dare County: O en Water Im acts in the Pamlico River Basin Site Excavation in Open Waters ac Stumpy Point 6.5 Bav The project shall be constructed in accordance with your e-mail request dated received January I I, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3894. This certitica[ion corresponds to the Nationwide Permit 35 issued by [he Corps of Engineers. In addition, you should acyuire any other federal, state or Iocal permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Warer Supply Wacershed 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 NCDW R and submit a new application. If the propeny is sold, the ❑ew owner must be given a copy of this Certification and approval letter, and is thereby responsible for comptying with all 2he conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts ro streams (now or in the future) exceed I�0 linear feet, compensatory mitigation may be required as described in 15A NCAC ZH .0506 (h) (6) and (7). For this approvai to remain valid, you must adhere to the conditions lisced in the attached certification(s) and any additional conditions listed below. -:"�"Nothing Compares"- � State o(North Cawlina � Environmzntal Quality I G 17 b1m I Sen icc Center I k�IcuJ�. tianh C�mlmu '_ 7fi9a-I fi 17 Condition(s) of Certification: Project Specific Conditions 1. This approval authorizes the excavation of approximately 39,821 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)] General Conditions 1. The issuance of this certification does riot 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 imal 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 (�)(2)l 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 bonow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road 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. 7'he Permittee shall report any violations of this certification to the Division of Water Resources wiUiln 24 hours of discovery. [15A NCAC 02B.0506(bx2)] 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 managec [15A NCAC 02H .0507(c) and ISA NCAC 02H .0506 (bx2) and (cx2)] 11. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and retum the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC ozH.oso2(fl� 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 fortn from the office of Administrative hearings. You must file the petirion 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 nortnal office hours. The Office of Administrative Hearings accepu filings Monday through Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the petition mus[ be filed with the Office of AdminisOrative Hearings. The petilion may be faxed-provided the originai and one copy of the dceument is received by the Office of Administrative Hearings within five (5) business days following the faxed hansmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 4313000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Depaztment 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)946-6481 or gazcy.ward@ttcdenr.gov. �erely, �� ro-J_ S. Jay Zimmerman, 'vector `� Division of Wazer Resources Attachments (General Certifica[ions and Certifica[e of Completion fortn) Electronic copy only distribution: Tracey Wheeler, US Army Corps of Engineers, Washington Field Office Greg Daisey, DCM, Eli7abeth City Cathy Brittingham, DCM, Raleigh Garcy Wazd, NC DWR, Washington Regional Office File Copy Environmental Qualrty NCDWR Projec[ No.: Applican[: Prujec[ Name: Date of lssuance of 401 Water Quaiity Certification: County: ROY COOPER r„��e,��.» � MICHAEL S. REGAN .Src'rclarr S. JAY ZIMMERMAN n�r�•�,�„� Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent moditications, the applicant is required ro remm this certificate to the 40I Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleigh, NC, ?7699-1617. This fonn may be returned to NCDWR by the applicant, the applicanrs authorized agent, or the project engineer. It is not necessarv ro send certificates from all of these. ApplicunPs Cerlifecation I, , hereby state that, ro the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and inten[ of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: ,4gent's Cerfifiealion Date: 1, , hereby state [ha[, to [he bes[ of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be buil[ within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Da[e: Engineer's Certificalion Partial Final I, , as a duly registered Prof'essional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent ofthe 401 Water Quality Certitication and Buffer Rules, the approved plans and specifications, and other supporting materials. Signamre Date Registraiion No. = r'Nothing Compares =- � State ofNonh Carolina I F.nvironmental pualin� Ihl�MuilSrremc('rnicr Iiulcish.N�inhQirohnu7�a��v.li.0