20131279 Ver 2_Approval Letter_20161228

Water Resources
ENVIRONMENTAL QUALITY
December 28, 2016
Dare County
Attn: Mr. Robert Outten
954 Marshall C Collins Drive
Manteo, NC 27954
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Dare County Hatteras Inlet Channel Maintenance Project
USACE Action ID. No. SAW -2016-02140
Dear Mr. Outten:
Secretar-v
S. JAY ZIMMERMAN
Director
DWR # 13-1279 v2
Dare/Hyde County
Attached hereto is a copy of Certification No. 4081 issued to Dare County, dated December 28,
2016. Please note that you should get any other federal, state or local permits before proceeding
with the subject project, including those required by (but not limited to) Sediment and Erosion
Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. 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 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], 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.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919 807 6300

Dare County
DWR# 13-1279 v2
Individual Certification #4081
Page 2 of 8
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 Department of Environmental Quality:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Anthony Scarbraugh at 252-948-3924 or
anth y.scarbra Rb_ ncdenr. ov if you have any questions or concerns.
cc: Kenneth Wilson/Brad Rosov, Coastal Planning & Engineering of North Carolina, Inc.,
4038 Masonboro Loop Road, Wilmington, NC 28409
USACE Washington Regulatory Field Office
Doug Huggett, DCM Morehead City (via [e-mail])
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR WaRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 131279v2DareCoHatteraslnletMaintenance(Dare_Hyde)_401_ IC.docx

Dare County
DWR# 13-1279 v2
Individual Certification #4081
Page 3 of 8
CERTIFICATION #4081 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC
02H .0500, to Dare County, who have authorization for the impacts listed below, as described
within your application received by the N.C. Division of Water Resources (Division) on November
21, 2016, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the
Division on November 2, 2016.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
Conditions of Certification:
1. The following impacts are hereby approved provided that all of the conditions of the
Certification are met. No other impacts are approved, including incidental impacts. [15A
NCAC 02B .0506(b) & (c)]
Type of Amount Approved Amount Approved
Impact (units) Permanent (units) Temporary
Open Waters
OW -1
(Dredging) 19.5 (acres) 0 (acres)
2. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable 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 given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
3. Due to the potential for impacts from sedimentation and/or turbidity on SAV beds and
other marine habitat, when practical, the applicant shall use a hopper dredge plant with a
minimum 100 -foot buffer between the historically mapped SAV beds and the proposed
dredge channel, utilizing the previously authorized nearshore disposal site in the Atlantic

Dare County
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Individual Certification #4081
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Ocean just south of Ocracoke Island. If the 100 -foot buffer cannot be maintained, the DWR
Washington Regional Office (252-946-6481) must be notified. [15A NCAC 02B.0221]
4. If a sidecast dredge is utilized:
a. When practical, a minimum 100 -foot buffer shall be maintained between the
historically mapped SAV beds and the proposed dredge channel; and
b. When practical, the use of a sidecast dredge shall be limited to the out -going tide.
If the 100 -foot buffer cannot be maintained, or the use of the sidecast dredge cannot be
limited to the out -going tide, the DWR Washington Regional Office (252-946-6481) must be
notified. [15A NCAC 02B.0221]
5. When practical, the applicant shall limit dredging within the Dredge Moratorium (April 1 to
September 30) only to events associated with storm or shoaling that creates navigational
hazards or commercial and recreational vessels. If dredging must occur during the Dredge
Moratorium, the DWR Washington Regional Office (252-946-6481) must be notified. [15A
NCAC 02B.0221]
6. 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 permittee/contractor shall immediately contact the Division of Water
Resources, 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 [phone]. 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 0213 .0200 (3)(f), and G.S. 143
Article 21A]
7. The Permittee shall adhere to Title 15A NCAC 0213 .0220 Tidal Salt Water Quality for Class SB
Waters, including but not limited to:
(12) pH: shall be normal for waters in the area, which range between 6.8 and 8.5, except
that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions;
(19) Turbidity: the turbidity in the receiving water shall not exceed 25 Nephelometric
Turbidity Units (NTU); if turbidity exceeds this level due to natural background
conditions, the existing turbidity level shall not be increased. Compliance with this
turbidity standard can be met when land management activities employ Best
Management Practices (BMPs) [as defined by Rule .0202 of this Section]
recommended by the Designated Nonpoint Source Agency (as defined by Rule .0202
of this Section). BMPs shall be in full compliance with all specifications governing the
proper design, installation, operation, and maintenance of such BMPs;

Dare County
DWR# 13-1279 v2
Individual Certification #4081
Page 5 of 8
8. Dare County shall conduct construction 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 and Federal law. If
the Division 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 Division may reevaluate and
modify this Certification. Before modifying the Certification, the Division shall notify Dare
County and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC
02H .0504. Any new or revised conditions shall be provided to Dare County in writing, shall
be provided to the U.S. 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. [15A NCAC 02B .0200]
9. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at: http://portal.ncdenr.org/web/wgLswp/ws/401/certsandp ermits/apply/forms).
[15A NCAC 02H .0502(f)]
10. No Impacts Beyond those Authorized
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the application, as authorized in this
approval, including incidental impacts. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management
Practices shall be performed so that no violations of state water quality standards, statutes,
or rules occur. Approved plans and specifications for this project are incorporated by
reference and are enforceable parts of this certification. [15A NCAC 02H .0501 and .0502]
11. 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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B.0200]:
a) 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.
b) 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.

Dare County
DWR# 13-1279 v2
Individual Certification #4081
Page 6 of 8
c) Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d) Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e) If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -I, WS -11, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 0413 .0124, Design Standards in Sensitive Watersheds.
12. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project. [15A NCAC 02H
.0501 and .0502]
13. An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at
http://Portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. [15A NCAC 02H .0506(b)(5) and
(c)(5)]
14. Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses" identified within and constructed in accordance with Title 15A NCAC 02B .0233,
.0259, .0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and
maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices. All buffer rule requirements,
including diffuse flow requirements, must be met. [15A NCAC 0213 .0200]

Dare County
DWR# 13-1279 v2
Individual Certification #4081
Page 7 of 8
15. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills. [15A NCAC 02B
.0200]
16. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record
of Decision (ROD) is issued by the State Clearinghouse. If an environmental document is
required under the National Environmental Policy Act (NEPA), then this Certification is not
valid until the Final Environmental Assessment (EA) or Environmental Impact Statement
(EIS) is published by the lead agency. [15A NCAC 01C .0107(x)]
17. In the twenty (20) coastal counties, the appropriate DWR Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required. [15A NCAC 02H .0506
(b)(5) and (c)(5)]
18. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
19. The applicant/permittee and their authorized agents shall conduct all 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 Division determines that such standards or laws are not
being met, including 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, then
the Division may reevaluate and modify this Water Quality Certification. [15A NCAC 02H
.0507(d)]
20. Upon completion of all impacts included within this approval and any subsequent
modifications, the applicant shall be required to return the certificate of completion
attached to the approval. One copy of the certificate shall be sent to the DWR Central
Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. [15A NCAC 02H
.0502(f)]
21. Additional site-specific conditions, including monitoring and/or modeling requirements,
may be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]

Dare County
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Individual Certification #4081
Page 8 of 8
22. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H.0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 28th day of December 2016
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/jab
4081