20150595 Ver 1_Approval Letter_20150714

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 14, 2015
Alligator River N W R
Attn: Mr. Mike Bryant, Refuge Manager
PO Box 1969
Manteo, NC 27954
Donald R. van der Vaart
Secretary
DWR # 15 -0595
Dare County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Alligator River NWR Hydrologic Restoration and Improved Water Management Project
Dear Mr. Bryant:
You have our approval for the impacts listed below for the purpose described in your application dated May
29, 2015 and received by the Division of Water Resources (Division) on June 17, 2015. These impacts are
covered by the attached Water Quality General Certification Number 3883 and the conditions listed below.
This certification is associated with the use of Nationwide Permit Number 3 once it is issued to you by the
U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non - Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit
and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)]
Type of Impact Amount
Amount
Plan location/
Approved
Reduced
Reference
(units)
(units)
Attached
Permanent
Temporary
404 Wetland
W -1 (Map ID 1 Removal /Replacement of
0 (acres)
Culvert LB)
0.002 (acres)
W -2 (Map ID 2 Removal /Replacement of
Consistency
Culvert 4 -1) 0 (acres)
0.003 (acres)
Determination
W -3 (Map ID 3 Removal /Replacement of
Page 18 and
0 (acres)
Culvert 3 -1)
0.013 (acres)
Figure 1
W -4 (Map to 4 Removal /Replacement of 0 (acres)
0.003 (acres)
Division of Water Resources - Water Quality Regional Operations Section
- Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] Fax: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 AfrrmaGve Action Employer— Made in part by recycled paper

Culvert 1 -2)
0 (acres)
W -5 (Map ID 5 Removal /Replacement of
0 (acres)
Culvert 2 -2)
0 (acres)
W -6 (Map ID 6 Removal /Replacement of
0 (acres)
Culvert 13 -5)
0 (acres)
W -7 (Map ID 7 Removal /Replacement of
0 (acres)
Culvert 14 -1)
0 (acres)
W -8 (Map ID 9 Removal /Replacement of
0 (acres)
Culvert 6 -1, 9 -1, 9 -3 and 6 -2)
0 (acres)
W -9 (Map ID 10 Removal /Replacement of
0 (acres)
Culvert 6 -4 and 6 -5)
0 (acres)
W -10 (Map ID A Clean vegetation and Debris
0 (acres)
from Canal along Buffalo City Rd.)
0 (acres)
W -11 (Map ID B Clean vegetation and Debris
0 (acres)
from Canal along Milltail Rd.)
0 (acres)
W -12 (Map ID C Clean vegetation and Debris
0 (acres)
from Canal along Gadwall Rd.)
0 (acres)
Total 404 Wetland Impacts
0 (acres)
Open Water
Alligator River NWR
Attn: Mr. Mike Bryant, Refuge Manager
DWR # 15 -0595
401 APPROVAL
Page 2 of 5
0.004 (acres)
0.004 (acres)
0.004 (acres)
0.0055 (acres) Consistency
Determination
0.0028 (acres) Page 18 and
Figure 1
0.15 (acres)
0.10 (acres)
0.08 (acres)
1 0.371 (acres)
OW -1 (Map ID 1 Cofferdam for Culvert LB)
0 (acres)
0.033 (acres)
OW -2 (Map ID Cofferdam for Culvert 4 -1)
0 (acres)
0.029 (acres)
OW -3 (Map ID 3 Cofferdam for Culvert 3 -1)
0 (acres)
0.083 (acres)
OW -4 (Map ID 4 Cofferdam for Culvert 1 -2)
0 (acres)
0.056 (acres)
OW -5 (Map ID 5 Cofferdam for Culvert 2 -2)
0 (acres)
0.039 (acres)
OW -6 (Map ID 6 Cofferdam for Culvert 13 -5)
0 (acres)
0.066 (acres)
OW -7 (Map ID 7 Cofferdam for Culvert 14 -1)
0 (acres)
0.084 (acres)
OW -8 (Map ID 8 Cofferdam for Culvert 5 -2)
0 (acres)
0.012 (acres)
Consistency
OW -9 (Map ID 9 Cofferdam for Culvert 6 -1, 9-
0 (acres)
0.001 (acres)
Determination
1, 9 -3 and 6 -2)
page 18 and
OW -10 (Map ID 10 Cofferdam for Culvert 6 -4
0 (acres)
0.0014 (acres)
Figure 1
and 6 -5)
OW -11 (Map ID A Clean vegetation and
0 (acres)
4.1 (acres)
Debris from Canal along Buffalo City Rd.)
OW -12 (Map ID B Clean vegetation and
0 (acres)
2.1 (acres)
Debris from Canal along Milltail Rd.)
OW -13 (Map ID C Clean vegetation and
0 (acres)
1.5 (acres)
Debris from Canal along Gadwall Rd.)
Total Open Water Impacts
8.104
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be

Alligator River NWR
Attn: Mr. Mike Bryant, Refuge Manager
DWR # 15 -0595
401APPROVAL
Page 3 of 5
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions. [15A NCAC 02B .0507(d)(2)]
3. Water Qualitv Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3883. [15A NCAC 02B .0507(c)]
4. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional
Office at 252.946.6481 and after hours and on weekends call (800) 858 -0368.
Management of such spills shall comply with provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC
02B .0200 (3)(f), and GS 143 Article 21A]
5. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H
.0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]
6. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15A NCAC 02B .0200. Appropriate sediment and erosion control practices
must be used to meet this standard. [15A NCAC 02B .0200]
7. Re Ooener Clause
The US Fish and Wildlife Service and their authorized agents shall conduct their activities in
a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State law and federal law. The US Fish and Wildlife Service
shall require their contractors (and /or agents) to comply with all of the terms of this
Certification, and shall provide each of their contractors (and /or agents) a copy of this
Certification. A copy of this Certification shall be included in the construction contract and
available on the job site at all times. If DWR 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,
DWR may reevaluate and modify this certification to include conditions appropriate to
assure compliance with such standards and requirements in accordance with 15A NCAC
2H.0507(d). Before modifying the certification, DWR shall notify the US Fish and Wildlife
Service and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC

Alligator River NWR
Attn: Mr. Mike Bryant, Refuge Manager
DWR # 15 -0595
401 APPROVAL
Page 4 of 5
2H.0504. Any new or revised conditions shall be provided to DWR in writing, shall be
provided to the United States Army Corps of Engineers for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the
404 Permit for the project.
8. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC 27699 -1650. [15A NCAC 02H
.0507 (c)]
9. The applicant and /or authorized agent shall provide a completed Certificate of Completion
form to the Division within thirty (30) days of project completion (available at
htt : /portal.ncdenr.ora/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms). [15A NCAC
02H .0506(b)(5)]
10. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at htto: / /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in
the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam H. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center

Alligator River NWR
Attn: Mr. Mike Bryant, Refuge Manager
D W R # 15 -0595
401 APPROVAL
Page 5 of 5
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water and Neuse River
Buffer Rules. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbraueh @ncdenr.aov if
you have any questions or concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC 3883
Certification of Completion
cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Doug Huggett, DCM Morehead City
Frank Jennings, DCM Elizabeth City
Pat McClain, DEMLR WaRO (via email)
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