20140111 Ver 1_Approval Letter_20140225

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
February 25, 2014
Hyde County
DWQ Project No. 20140111
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Lance Winslow
NCDOT, Ferry Division
8550 Shipyard Rd
Manes Harbor, NC 27953
Dear Mr. Winslow:
You have our approval, in accordance with the conditions listed below, to dredge approximately 70,000 cubic yards of bottom
material from the Hatteras to Ocracoke State Ferry Channel in Hyde County as necessary for ongoing maintenance. The project shall
be constructed in accordance with your application dated received February 3, 2014. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification Number 3894. This certification corresponds to the
Nationwide Permit 35 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 DWR 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 150 linear 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. Approximately 5,000 cubic yards of dredged material is authorized to be placed on the beach at the hairpin turn on Ocracoke as
depicted in the application. The remaining material is to be placed in the Ocracoke spoil site.
2. No rock, sand or other materials shall be dredged from the channel except where authorized by this certification.
3. 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 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, NCDWR may reevaluate and modify this certification.
4. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, NC 27699 -1650
Location: 512 N. Salisbury St. Raleigh, NC 27604
An Equal Opportunity 1 Affirmative Action Employer
Phone: 919 - 707 -87851 FAX: 919 - 733 -1290
Internet: www.ncwater.or4

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5. A copy of this Water Quality Certification shall be maintained on site at 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, 6714 Mail Service Center, Raleigh, N.C. 27699. 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
Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Garcy Ward at (252) 948 -3922.
Sincerel ,
for Thomas A. eeder
Attachments (General Certification and Certificate of Completion form)
cc: Tracey Wheeler, US Army Corps of Engineers; Washington Field Office
Stephen Lane, DCM, Morehead City
Garcy Ward, DWR, Washington Regional Office
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