20031381 Ver 3_Approval Letter_20070709

Michael F. Easley, Governor
Wiitiam G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
July 9, 2007
Currituck County
DWQ Project No. 20031381 v.3
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Morris J. Gray
Dredge Superintendent
N.C. Department of Transportation -Ferry
P.O. Box 57
Hatteras, NC 27943
Deaz Mr. Gray:
You have our approval, in accordance with the attached conditions and those listed below, to excavate and/or dredge
approximately 20,593 cubic yazds of bottom material from the Currituck and Knott's Island ferry basins. This includes
approximately 9,750 cubic yards of material on the Cumtuck side and approximately 10,843 cubic yards of material on the
Knott's Island side. The project shall be constructed in accordance with your application dated February 5, 2007 for the
purpose of maintenance dredging and the expansion of the Currituck and ICnott's Island Ferry basins in Currituck County.
After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3642. This certification corresponds to the General Permit 1980000291, issued by the Corps of Engineers. In
addition, you should acquire any other federal, state or local permits before you proceed with your project iacludirtg (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will
expire with the accompanying 404 permit issued by the US Army Corps of Engineers (this supercedes Condition 13 of
General Certification 3642 issued March 19, 2007).
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 DWQ 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 total impacts to streams or buffers (now or in the
future) exceed 1501inear 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.
1.) Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been
completed.
2.) 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 DWQ determines
that such standazds 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, DWQ may reevaluate and modify this certification.
3.) There shall be no waste disposal into jurisdictional wetlands or waters associated with this permit without
appropriate modification. Should waste or borrow sites be located in wetlands or streams, compensatory mitigation
will be required since that is a direct impact from road construction activities.
4.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
Noy` Carolina
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone {252) 946-6481 ~tlfCQ~~I,J
FAX {252) 946-9215 Internet: wuvw.ncwaterquality.org
An Equal Opportunity/Affirmative Action Empbyer- 50% Recyded/10% Post Consumer Paper

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:
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.) If concrete is used during construction, a dry work area should be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
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.
8.) .Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
9 J A copy of this Water Quality Certification shall be posted 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.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within
60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447.
This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please contact Garcy Ward at [phone].
Sin erely,
L
for Coleen ullu~!"~ "'"'
Director, Division of Water Quality
Attachment
cc: Wilmington District Corps of Engineers
Mr. Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Mr. Clay Willis, Division 2 Environmental Officer, NCDOT
Mr. Lance Winslow, NC DOT Ferry Division, 8550 Shipyard Rd, Mann's Harbor, NC 27953
Cathy Brittingham, DCM, 1638 Mail Service Center, Raleigh, NC 27699
Sonia Gregory, 401/Wetlands Unit, NC DWQ
Central Files
File copy

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
July 10, 2007
To: Morris Gray
Dredge Superintendent
NCDOT- Ferry
P.O. Box 57
Hatteras, NC 27943
From: Garcy Ward
Division of Water Quality
Washington Regional Office
Subject: 401 Water Quality Certification
Dear Sir:
Please find the enclosed attachments and include them with the Water Quality Certification dated July 9, 2007 for
improvements to the Currituck to Knott's Island Ferry (DWQ # 20031381 v.3). They are part of the Certification but were
not included in the original mailing. We are sorry for any inconvenience this may have caused. If you have any questions,
please feel free to contact me at 252-948-3922.
Si~cerely, r
~:
Garcy Ward
cc: Mr. Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Mr. Clay Willis, Division 2 Environmental Officer, NCDOT
Mr. Lance Winslow, NC DOT Ferry Division, 8550 Shipyard Rd, Mann's Harbor, NC 27953
Cathy Brittingham, DCM, 1638 Mail Service Center, Raleigh, NC 27699
Sonia Gregory, 401/Wetlands Unit, NC DWQ
_ None Carolina
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] ~turally
FAX [phone] Internet: www.ncwaterquality.org
An Equal OpportunitylAffim~a6ve Action Empbyer- 50% Recycled110% Post Consumer Paper

WQC #3642
This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Cuality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002 and WQC Number 3400 issued March
18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes any of these
Nationwide or Regional General Permits or when deemed appropriate by the Director of DWG/.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;
In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence fora 401 Water G2uality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
4. In accordance with 15A NCAC 2H .0506 (h}compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. in addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWC~
shall be followed and written plans submitted for DWG approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
CAMA PERMIT CERTIFICATION

WQC #3642
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
ay
•
Alan W. Klimek
Director
WQC # 3642

O~O~ W AT ~9QG
--1
_,-._,
•:~
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 4O1/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I, ,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 of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
I, ,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 of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Cazolina, 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 of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
- 1V n~c Carolina
Transportation Permitting Unit " ' ""tuCQ~~I~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone; 919-733-17861 FAX [phone]Internet:http~//h2oenr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colsen H. Sullins Director
Division of Water Quality
An Equal OpportunitylAffirmative Actlon Employer - 50% Recycled110% Post Consumer Paper