20170927 Ver 1_Approval Letter_20170912

Environmentul
Quality
ROY COOPER
Gnrernar
MICHAEL S. REGAN
1rrn���mr
S. JAY ZIMMERMAN
n�, � � ���,
September 12, 2017
Dare County
N CD W R Project No. 20170927
Maintenance Dred�ing
State Project No. 16.71001
APPROVAL of 401 WATER QUALITY CERTIFICATION wi[h ADDITIONAL CONDITIONS
Catherine Peele
NCDOT, Ferry Division
li9 Lucinda Lane
Powells Point, NC 27966
Dear Mrs. Peele:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
maintenance dredging at the Hatteras Ferty Terminal in Dare Coimty:
O en Water Im acts in [he Pas uotank River Basin
Site
Excavation in Open Wa[ers
ac
Hatteras Ferrv Basin 0.54
The project shall be cons[ruc[ed in accordance with your application dated received July ?6, 2017 and amended
application dated received Augus[ 25, 20 U. After reviewin� your application, we have decided that these impacts
are covered by General Water Quality Certification Number 409i. This certification corresponds to the Nationwide
Permit 3> issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits
before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge
and Water Supply Watershed reeulations. This approval will expirc with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your projecl change, you must notity the NCDWR and submit a new application. Ifthe proper[y is sold, the
new owner must be given a copy of this Cenification and approval letter, and is thereby responsible for complying
wi[h all the conditions. If [otal wetland fills for [his project (now or in [he future) exceed one acre, or of total
impacts to streams (now or in the future) exceed I50 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to ihe
conditions listed in the attached certification(s) and any additional conditions listed below.
State o(North Carolina I Envimnmental Qualitv
1617MailScrviceCenler Ralm�JtNnnhCarnlmu'R�)4-I�.0

Condition(s) of Certi�cation:
Project Specific Conditions
1. This approval authorizes the excavation of approximately 5,158 cubic yards of bottom material. This
material shall be properly disposed of into an approved upland site. This site shall be identified and DWR
notified prior to work commencing. [15A NCAC 02H.0506(b)(2)(3)]
General Conditions
1. The issuance of this certification does not 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 final 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)]
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 borrow 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) ofthe 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. The Permittee shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery. [15A NCAC 02B.0506(b)(2)]

10. A copy of this Water Quality Certification 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 project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (bx2) and (c)(2)]
I I. 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
heazing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Heazings during normal office hours. The Office of
Adminishative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (] ) copy of the petition must be filed with the Office of
Administrative Heazings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed uansmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Heazings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone](1, Facsimile: (919) 4313100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental 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 questions, please contact Garcy Wazd at [phone] or [e-mail].
Sincerely,
� J, �"
S. J Zimmerm Director
Division of Water Resources
Attachments (Geneml Certifications and Certificate of Completion form)
Electronic copy only distribution:
Kyle Bames, US Army Corps of Engineers, Washington Field Office
Greg Daisey, DCM, Elizabeth City
Cathy Brittingham, DCM, Raleigh
Gazcy Wazd, NC DWR, Washington Regional Office
File Copy

Environmental
Quality
NCDWR Project No.:
ApplicanL•
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
core,nur
MICHAEL S. REGAN
sccre�ru-r
S. JAY ZIMMERMAN
v�����<<<,��
Cer[ificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable ButTer Rules.. and
any subsequent modifications, the applicant is required to return this certifica[e [o the 401 Transporta[ion Permittine
Unit, North Carolina Division of Water Resources. I617 Mail Service Center, Ralei;h. NC, 27699-I617. This form
may be returned ro NCDWR by the applicanL the applicant's authorized agent, or the project engineec It is not
necessarv ro send certificares from all of these.
ApplicanPs Certificatioii
I, , hereby state that, to the best of my abili[ies, due care and dilieence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent ofthe 401 Water Quality Certification and Buffer Rules. the approved plans and
specifications, and other supportine materials.
Signamre: Date:
Agen�'s CeRifica�ion
l, , 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 to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specitications, and other supporting materials.
Signature:
Engineer's Cer(ifrculioie
Partial
Final
Da[e:
l, . as a duh re_istered Professional Eneineer in the State of North
Carolina, having been authorized [o observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, fo the best of my abilities. due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent ofthe 401
Water Qualiry Certification aod Buffer Rules, the approved plans and specifications, and other supporting materials.
Si�nature
Date
Re�istration No.
5[ate nfNonh Carolina I F,nvironmental Qualitv
1617MaiISen'icrCemrr Ralrieh.NorthCarnlmn'_7t�9v-Ir,l1