20141183 Ver 1_Approval Letter_20141106

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
November 17, 2014
Brunswick & New
Hanover Counties
NCDWR Project No. 14 -1183
Southport/Fort Fisher Ferry
State Project No. 16.23001
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Ms. Catherine Peele
NCDOT, Ferry Division
159 Lucinda Lane
Powells Point, NC 27966
Dear Ms.Peele:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
conducting maintenance dredging at the Fort Fisher and Southport ferry basins and entrance channels in Brunswick
and New Hanover Counties:
Ooen Water Impacts in the Cape Fear River Basin
Site
Amount Approved
Plan Location or Reference
Southport Ferry Channel
130,146 cu. yds. (approx.)
Southport Proposed Channel
+ 10 ac of shallow bottom
Design July 30, 2014
open water
Fort Fisher Channel
206,075 cu. yds. (approx.)
Ft. Fisher Proposed Channel
+ 10 ac of shallow bottom
Design July 28, 2014
open water
Total Open Water Impact for Project: —20 acres.
The project shall be constructed in accordance with your application dated received October 27, 2014 and revisions
received on November 6, 2014. After reviewing your application, we have decided that these impacts are covered
by General Water Quality Certification Number 3894 and 3888. This certification corresponds to the Nationwide
Permit 35 and Nationwide Permit 16 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 150 linear feet, compensatory mitigation may be required as
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
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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(s) and any additional conditions listed below.
Condition(s) of Certification:
1. 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.
2. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
3. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
4. All dredge material from the project shall be placed in either the Southport or Fort Fisher spoil sites. The
application states that the Fort Fisher spoil site will have to be cleared to determine the amount of material it
will hold. After the site has been cleared, DWR request confirmation that the spoil site can accommodate the
authorized amount of dredge material for this side of the project.
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.
6. 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.
7. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
8. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Ferry Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify
the NCDWR when all work included in the 401 Certification has been completed.
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:OOam and 5:OOpm, 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: (919) -431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
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 Mason Herndon at (910) 3i 8- 4021or mason.herndon @ncdenr.gov.
Sincerely,
Thomas A Reeder, Director
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stoney Mathis, Division 3 Environmental Officer
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Steve Sollod, NC Division of Coastal Management
NC Division of Water Resources Raleigh Central Office
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