20051938 Ver 1_Approval Letter_20051024

A ~OF \ NAT
f R Q Michael F. Easley, Governor
61 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
October 24, 2005

NC DOT Ferry Division
Attn: Rod Gross
Room 116, Maritime Bldg.
113 Arendell Street
Morehead City, NC 28557

SUBJECT: Approval of 401 Water Quality Certification and
Additional Conditions
Price's Creek Ferry Basin
DWQ Project # 20051938
Brunswick County

Dear Mr. Gross:

You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the following
activity located on NCDOT property at the Price's Creek Ferry basin adjacent to the Cape Fear River,
Southport, in Brunswick County. This approval allows you to:

1. Construct a 440 ft. long by 15 feet wide by 8 feet high rock berm for shoreline stabilization/protection.
2. To fill approximately 12 sq. feet of Spartina alterniflora for the construction of the above rock berm.

This approval is only valid for the purpose and design that you described in your CAMA Major application
received by the Division of Water Quality (DWQ) Fayetteville Regional Office (FRO) on October 14, 2005.
After reviewing your application, we have determined that General Water Quality Certification Number 3400
covers this activity. This Certification can also be found on line at:
lam://h2o.enr.state.nc.us/ncwetlands/certs.html. This Certification allows you to use your CAMA Permit when
the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal,
State, or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control,
Non-Discharge and Water Supply Watershed regulations, NPDES and Coastal Stormwater. In addition, this
approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the
General Certification.

Please be aware that if you change or modify your project, you must notify the Division (DWQ) in
writing and you may be required to send us a new application for a new certification. If the property is sold,
the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be
valid, you must follow the conditions listed in the enclosed certification and the additional conditions listed on
the following page:

North Carolina
Natura!!y
North Carolina Division of Water Quality 225 Green Street - Suite 714 Fayetteville, NC 28301-5043 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper

Mr. Rod Gross
NC DOT Ferry Division
DWQ Project # 20051938
October 24, 2005

1. 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 your application. 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.

2. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to this office and a copy to the 401 Oversight/Express Review Permitting
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.

Please notify this Office at the number listed below if any problem arises during the construction of the
project that may affect water quality.

Please read the conditions associated with General Certification # 3400 (enclosed). If you do not
accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within
60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.

This letter completes the review of the DWQ Permit 420051938 under Section 401 of the Clean Water Act.
If you have any questions, please telephone Ken Averitte at 910-486-1541, ext. 722.

Sincerely,

Alan W. Klimek, P.E., Director
Division of Water Quality

AWK/ka

Attachments: GC # 3400
Certificate of Completion

cc: Corps of Engineers Wilmington Field Office - Dave Timpy
DCM Raleigh - Steve Sollod
DCM Morehead - Doug Huggett
DCM Morehead - Bill Arrington
DWQ/DOT 401 Permitting Unit - John Hennessey
FRO