20160149 Ver 1_Approval Letter_20160219

Water Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
C�nrei nnr
DONALD R VAN DER VAART
sec,era,��
S JAY ZIMMERMAN
UneUOY
February 19, 2016
Hyde County
NCDWR Pro�ect No 20160149
Mamtenance Dredgmg
APPROVAL of 401 WATER QUALITY CERTIFICATIOIY with ADDITIOIVAL CONDITIONS
Catherme Peele
NCDOT, Ferry Division
159 Lucmda Lane
Powells Pomt, NC 27966
Dear Mrs Peele
You have our approval, m accordance wrth the condrtions listed below, for the followmg impacts far the purpose of
mamtenance dredgmg at the Southdock Ferry Termmal at Ocracoke m Hyde County
Water Im acts in the Pamiico itiver Basin
Site Excavation in Open Waters
0 11
0 23
Total I 0 34
The pro�ect shall be constructed in accordance wrth your e-matl request dated recerved February 16, 2016 After
revtewmg your appltcation, we have decided that these impacts are covered by General Water Quahty Certification
Number 3894 This certification corresponds to the Nationwide Permit 35 �ssued by the Corps of Engineers In
addttion, you should acquire any other federal, state or local permits before you proceed with your pro�ect mcluding
(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 �s valid solely for the purpose and design described m your application (unless modified below)
Should your pro�ect change, you must notify the NCDWR and submit a new application If the property ts sold, the
new owner must be given a copy of this Cert�ficatton and approval letter, and is thereby responsible for complymg
with all the condrtions If total wetland fills for this pro�ect (now or m the future) exceed one acre, or of total
impacts to streams (now or m the future) exceed 150 Imear feet, compensatory mitigation may be required as
descr:bed i�i i5.�i NC�C �H 0506 (h) (fr) and (7) For ttus approval to rer:iam vaii�, y�u r�l��st ad'nere to �he
conditions l�sted m the attached certification(s) and any addrtional condrtions listed below
State ot North Carohna ��nvironme��tal Qualrty � Water Reeources
1617 Mau Sernce CeNer, Raieigh, Norih Carolina 27659-1617
Phone 919-E07-6300

Condition(s) of Certification:
Project Speci�c Conditions
1 This approval authorizes the excavation of 4,500 cubic yards of bottom material This material shall be
properly disposed of mto the approved spoil srte on Ocracoke Island. [15A NCAC 02H 0506(b)(2)(3)]
General Conditians
1 The issuance of this certificahon does not exempt the Permittee from complymg wrth any and all statutes,
rules, regulattons, or ordmances that may be imposed by other government agencies (i e local, state, and
federal) havmg �urisdiction, mcludmg but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc
2 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawmgs submitted for approval [ 15A NCAC 02H .0507(c) and I SA 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 mto, �urisdictional wetlands or waters associated
with this permit wrthout appropriate modification Should waste or borrow sites, or access roads to waste
or borrow srtes, be located in wetlands or streams, compensatory mitigation will be requu-ed smce that is
a d�rect impact from road construction activities.[15A NCAC 02H 0506(b)(3) and (c)(3)]
5. Erosion and sediment control pracrices must be m full comphance with all specifications governmg
the proper design, mstallation and operation and mamtenance of such Best Management Practices m
order to protect surface waters standards [15A NCAC 02H 0506(b)(3) and (c)(3)]
a The eros�on and sedtment control measures for the oro�ect must be destgned, v►stalled, operated.
�n�? mamtamed m accord�nce ��vith t_h,e most rPcPnt vers;on of the North Carolrna Sediment and
Erosion Control Ylannang and Design Manual
b The design, mstallation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requu-ements specified m the most recent version of
the North Carolina Sediment and Erosron Control Manual The devtces shall be mamtamed on all
construction srtes, borrow srtes, and waste pile (spoil) pro�ects, includmg contractor-owned or
leased borrow prts associated with the project.
c For borrow pit srtes, the erosion and sediment control measures must be designed, mstalled,
operated, and mamtamed m accordance wrth the most recent version of the Norch Carolrna Surface
Mining Manual
d. The reclamation measures and tmplementation must comply with the reclamation m accordance
with the requ�rements of the Sedunentatton Pollution Control Act
6 Durmg the construction of the pro�ect, no stagmg of equipment of any kind is permitted m waters of
the U.S , or protected riparian buffers [15A NCAC 02H 0506(b)(2)]
7. All mechamzed equipment operated near surface waters must be regularly mspected and mamtained to
prevent contammation of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H 0506(b)(3)]
8 The perm�ttee and its authorized agents shall conduct its activities m a manner consistent with State water
quality standards (mcludmg 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 determmes that
sucn standards or laws are no� bemg met (mclud:ng the failure to sustain a designated or achieved use) or
that State or federal law is bemg violated, or that further condrtions are necessary to assure comphance,
the NCDWR may reevaluate and modify this certification [15A NCAC 02B 0200]
9. The Perrnrtiee shall report any vtolations oi this certification to the Division o; Water Resources wtthin
24 hours of d�scovery [15A NCAC 02B 0506(b)(2)]

10 A copy of this Water Quality Certification shall be mau►tamed on the construction site at all t�mes In
addrtion, the Water Quality Certification and all subsequent modificat�ons, if any, shall be mamtamed wrth
the Division Engmeer and the on-site pro�ect manager [15A NCAC 02H 0507(c) and 15A NCAC 02H
0506 (b)(2) and (c)(2)]
I 1 Upon completton of the pro�ect (mcludmg any impacts at assoc�ated borrow or waste sites), the NCDOT
Division Engmeer shall complete and return the enclosed "Certification of Completion Form" to notify
the NCDWR wh�n alI v�ork mcluded m the 401 Certification has been completed [:5� NCA�'
o2x osoz�fl�
If you wish to contest any statement m the attached Certification you must file a petitton for an admm�stratrve
hearing You may obtam the petition form from the office of Admmistrative hearings You must file the petition
with the office of Admmistrative Hearmgs withm sixty (60) days of receipt of this notice A petrtion is considered
filed when it is recerved m the office of Administrahve Hearmgs durmg normal office hours The Office of
Admmistrative Hearmgs accepts filmgs Monday through Friday between the hours of 8 OOam and 5 OOpm, except
for official state holidays. The origmal and one (1) copy of the petrtion must be filed with the Office of
Admmistrat�ve Hearings
The petttion may be faxed-provided the original and one copy of the document is received by the Office of
Admmistrative Hearmgs within five (5) busmess days followmg the faxed transmiss�on
The mailmg address for the Office of Admmistrative Hearmgs is
Office of Admmistrative Hearmgs
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone], Facsimile• [phone]
A cc�y of the petit�on m�?st also be �erve�i or. DEQ as follcws
Mr Sam M Hayes, General Counsel
Department of Env�ronmental Quality
1601 Ma�l 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 [phone] or garcy ward@ncdenr gov
Smcerely,
� `��
S Jay Zimmerman, Director
Divis�on of Water Resources
Attachments (General Cert�fications and Cert�ficate of Completion form)
Electromc copy only distribution
Tracey Wheeler, US Army Corps of Engmeers, Washmgton Field Office
Greg Daisey, DCM, Eli�aoetn City
Cathy Brittmgham, DCM, Raleigh
Garcy Ward, NC DWR, Washmgton Reg�onal Office
File Cepy

Water Resources
ENVIRONMENTAL OUALITY
NCI)V6'R Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
PAT MCCRORY
r,�„ �„»,
DONALD R VAN DER VAART
s��,��a�y
S JAY ZIMMERMAN
!hi ecloi
Certificate of Completion
Upon completion of all work approved withm the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permittmg
Umt, North Carolma Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617 This form
may be returned ta NCDWR by the appltcant, the ap�l;cant's authorized agent, or the pro�ect engmeer :t ts not
necessary to send certificates from all of these
Applicant's Certifrcation
I, , hereby state that, to the best of my abilrties, due care and diligence
was used m the observation of the construction such that the construction was observed to be bu�lt withm substantial
compliance and mtent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportmg materials
Signature Date•
�ge�.t's Certifrcatia:�
I, , hereby state that, to the best of my abilities, due care and diligence
was used m the observatton of the construchon such that the construction was observed to be butlt within substantial
compltance 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 Engmeer m the State of North
Carolma, havmg been authorized to observe (periodically, weekly, full time) the construction of the pro�ect for the
Permittee hereby state that, to the best of my abilrties, due care and diligence was used ui the observation of the
construction such that the construction was observed to be built withm substantial compliance and mtent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportmg mater�als
Signature
Date
Registratton No
State of NoRh Cazclma �F,nvuonmental QuaLty � W ater Resources
1617 Maii Serwce Center, Raleign, North Carolina 27099-1617
Phore 919-007-6?00