20090960 Ver 5_Approval Letter_20180313

NOT A CAMA PERMIT
Water RCSOUITC'S
Ervi ronmcntal Quality
March 13, 2018
U.S. Fish and Wildlife Service —
Alligator River National Wildlife Refuge
Attn: Becky Harrison
PO Box 1969
Manteo, NC 27954
ROY COOPER
Governor
MICHAEL S. REGAN
,Secrelury
LINDA CULPEPPER
lnlerirn Direclor
DW R # 09-0960 V5
DARE County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Extension of Alligator River Shoreline Oyster Reef— Navy Shell Rd
Dear Ms. Harrison:
You have our approval for the impacts listed below for the purpose described in your application dated
February 16, 2018 and received by the Division of Water Resources (Division) on February 20, 2018. These
impacts are covered by the attached Water Quality General Certification Number 4144 and the conditions
listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s)
198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the
CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should
get any other federal, state or local permits before proceeding with your project, including those required
by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02B .0506(b)(c)]
Type of Impact Amount Approved
Amount
Plan location/
(units)
Reduced (units)
Reference
Permanent
Temporary
Attached
Open Water
OW -1 (Marl Fill to Construct Sill) 0.23 (acres)
0 (acres)
Sheets 2 of 3, 3 of 3
2. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 4144. [15A NCAC 02B .0507(c)]
State of North Carolina I Environmental Quality I Water Resources -Water Qua]ity Regional Operations See lion -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

USFWS —ALLIGATOR RIVER NWR
DWR# 09-0960 V5
401APPROVAL
Page 2 of 3
Continuing Compliance
3. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for
Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall
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; (1) Turbidity: the turbidity in the receiving water shall not
exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the
existing turbidity level shall not be increased. [15A NCAC 02B .0221]
Other Conditions
4. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). 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.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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.
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 DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Rules. Please
contact Anthony Scarbraugh at 252-948-3924 or [e-mail] if you have any
questions or concerns.

USFWS —ALLIGATOR RIVER NWR
DWR# 09-0960 V5
401 APPROVAL
Page 3 of 3
Sincerely,
Robert Tankard, AssistRegional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4144
Certification of Completion
cc: Gregg Bodnar, DCM Morehead City Office (via email)
Yvonne Carver, DCM Elizabeth City (via email)
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Laserfiche
File
Aaron McCall, The Nature Conservancy (via email: [e-mail])

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PROPOSED OFFSHORE MARLE
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SHORELINE) \\ \\ x -3'
30' CAMA AEC \ \
(BASED ON x _i
AERIAL \\ \\
SHORELINE) \
\ \ EXISTING OFFSHORE MARLE
\ \ OYSTER REEF SILLS
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RIVER NATIONAL \ \
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\ \ \ x 3'
\\ \ x PROPOSED Of
OYSTER REEF
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COASTAL WETLANDS \\
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APPROVED
Management Commission
Division of Water Resources
Permit #
NORMAL WATER LEVEL
Received
DMEC
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-NATURE CONSERVANCY
4705 UNIVERSITY DR. #290
DURHAM, NC 27707
2. LOCATION: PROJECT IS LOCATED IN THE PAMLICO SOUND
AT THE MOUTH OF A DRAINAGE DITCH APPROXIMATELY 4.03
MILES NORTH OF THE STUMPY POINT BOAT RAMP.
APPROX. NC STATE GRID COORDINATES:
743,032N, 2,967,896E
APPROX. LAT/LON:
35-44-52.58N, 75-44-15.03W
3. SCOPE OF PROJECT: THE NATURE CONSERVANCY PROPOSES
TO EXPAND AN EXISTING MARLE SILL SITE AT A DITCH
OUTFALL IN PAMLICO SOUND, INSTALLING ADDITIONAL MARLE
SILLS TO PROMOTE OYSTER BED GROWTH.
4. DEPTH SOUNDINGS SHOWN ON THIS PLAN ARE AS PROVIDED
BY THE NATURE CONSERVANCY. BOUNDARY INFORMATION
SHOWN IS AS PER DARE COUNTY GIS AND ALL DIMENSIONS
TO PROPERTY LINES SHOULD BE CONSTRUED TO BE
ESTIMATES. AERIAL IMAGES SHOWN AS PROVIDED BY USGS.
PROJECT WILL BE STAKED—OUT AND CONSTRUCTED BASED
ON THE LOCATIONS OF EXISTING MARLE SILLS.
5. BOTTOM SUBSTRATE IMPACTS:
THE TOTAL FOOTPRINT OF ALL PROPOSED MARLE SILLS IS
10,000 SF (0.23 AC.)
THE DATA GIVEN ON THESE PLANS IS BELIEVED
TO BE ACCURATE, BUT THE ACCURACY IS NOT
GUARANTEED. THE CONTRACTOR IS RESPONSIBLE
FOR VERIFYING ALL LEVELS, LOCATIONS, TYPES,
AND DIMENSIONS OF THE EXISTING UTILITIES
PRIOR TO CONSTRUCTION. IF A DISCREPANCY
IS FOUND, WORK SHALL CEASE AND THE ENGINEER
NOTIFIED. WORK MAY CONTINUE UPON ENGINEERS
NOTICE TO PROCEED.
BEFORE YOU DIG I
CALL TOLL FREE
1-800-632-4949
ORTH CAROLIN,
ONE CALL
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