20170056 Ver 1_Approval Letter_20170127

E�/1VIl'OIlIriPl7 tG I
Qua[ity
ROY COOPER
Uuornror
MICHAEL S. REGAN
.Se��rei�,rr
S. JAY ZIMMERMAN
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January 27, 2017
Dare County
NC D W R Project No. 20170056
Maintenance Dredging
State Project No. 16Jl080
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Catherine Peele
NCDOT, Ferry Division
159 Lucinda Lane
Powells Point, NC 27966
Dear Mrs. Peele:
You have our approval, in aceordance with the conditions listed below, for the following impacts for the purpose of
maintenance dredging a[ the Stumpy Point Ferry Terminal in Dare County:
O en Water Im acts in the Pamlico River Basin
Site Ezcavation in Open Waters
ac
Stumpy Point 6.5
Ba
The project shall be constructed in accordance with your e-mail reques[ da[ed received January I I, 2017. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3894. This certifica[ion corresponds [o the Nationwide Permit 35 issued by the Corps of Engineers. In
addition, you should acquire any other federal, state or Iocal permits before you proceed with your project including
(but no[ limited to) Sediment and Erosion Control, Non-Discharge and Warer Supply Wacershed regulations. This
approval will expire with the accompanying 404 perniit.
This approval is valid solely for the purpose and design described in your application (unless moditied below).
Should your project change, you must notify the NCDW R and submit a new application. If the property is sold, the
new owner must be aiven a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If [otal wedand fills for this project (now or in [he fu[ure) 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 I SA NCAC 2H .0506 (h) (6) and (7). For this approval ro remain valid, you must adhere to the
conditions lisced in the attached certification(s) and any additional conditions listed below.
= �'Nothing Compares � �.
Slate o(Nonh Carolina I Environmental Qualirv
1617 Mnil tiervia CeNcr I Raleigh. Vorth Curahnu 2 7699-1 6 1 7

Condition(s) of Certification:
Project Specific Conditions
1. This approval authorizes the excavation of approximately 39,821 cubic yards of bottom material. This
material shall be properly disposed of into the approved US Fish and Wildlife Service upland spoil site.
[15A NCAC 02H.0506(b)(2)(3)]
General Conditions
1. The issuance of this certification does riot exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
2. The Permittee shall ensure that the imal design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A 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 into, jurisdictional wetlands or waters associated
with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste
or bonow sites, be located in wetlands or streams, compensatory mitigation will be required since that is
a direct impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
5. 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 in
order to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3)]:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The 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.
c. , 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.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
6. During the construction of the project, no staging of equipment of any kind is permitted in waters of
the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
7. 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.
[15A NCAC 02H.0506(b)(3)]
8. 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. [15A NCAC 02B.0200]

9. 7'he Permittee shall report any viola[ions of this certification to the Division of Water Resources within
24 hours of discovery. [15A NCAC 02B.0506(bx2)]
10. A copy of this Water Quality Cer[ification 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 pmject managec [15A NCAC 02H .0507(c) and ISA NCAC 02H
.0506 (bx2) and (cx2)l
ll. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and retum the enclosed "Certification of Completion Form" to notify
the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
02H.0502(�]
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 fortn from the office of Administrative hearings. You must file [he petirion
with the office of Administrative Hearings within siacty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during nortnal office hours. The Office of
Administrative Hearings accepu filings Monday Nvough Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition mus[ be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the originai and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed hansmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petiHon must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Endvonmental Quality
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 ques[ions, please contact Garcy Ward at [phone] or [e-mail].
�erely,
�� �o-J_
S. Jay Zimmerman, 'vector
Division of Water Resources
Attachments (General Certifications and Certifica[e of Completion fortn)
Electronic copy only distribution:
Tracey Wheeler, US Army Corps of Engineers, Washington Field Office
Greg Daisey, DCM, Eli7abeth City
Cathy Brittingham, DCM, Raleigh
Garcy Ward, NC DWR, Washington Regional Office
File Copy

Environmental
QUa/ity
NCDWR Projec[ No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Gnr�•r„or
MICHAEL S. REGAN
Sccr�amY
S. JAY ZIMMERMAN
��r,����•���,�
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequen[ moditications, the applicant is required to retum [his certificate to the 401 Transportation Permitting
Uni[, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699J 617. This form
may be remrned to NCDWR by the applicant, the applicanrs authorized agent, or the project engineer. It is not
necessarv ro send certificates from all of these.
Applicant'.s Cerlificntion
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed ro be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Agen['s Certification
Date:
1, , hereby state that, to the best of my abilities, due care and diligence
was used in [he observation of [he construction such that [he construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportine materials.
Signature: Da[e:
Engineer's Certificalion
Partial Final
I, , as a duly registered Professional Eneineer in the State ofNorth
Carolina, having been authorized to observe (periodicalty, weekly, full time) the construction of the project for the
Permittee hereby state that, ro the best of my abilities, due care and dili,ence was used in the observation of the
construc[ion such that the construction was observed [o be built within substan[ial compliance and intent ofthe 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
-' r'Nothing Compares'- ..
State ofNonh Carolina I Environmental Quality
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