20181281 Ver 1_Approval Letter_20181012

NORIH C:,RQ�INA
ROY COOPER fnvtronmentcl Quclity
Gnvrmcv
MICHAEL S. REGAN
sP�..�,�,
LINDA CULPEPPER
frt�eNm D+renor
Oc[ober 12, ?018
New HanoverCounty
NCDWR Project No.20181?81
APNROVAL ol 401 WATER QU.4LITl" CERTIFICATION with ADDITIONAL CONDITIONS
Ms. Catherine Peele, Environmental Specialist
NC DOT Perry Division
159 Lucinda Drive
Powells Poin[, NC 27948
Dear Ms. Peele:
This permit rescinds and replaces the 101 Certificatiun issued on Oc[ober 8,2018. You have our approval, in
accordance with the conditions lis[ed below, for the followins impacts for [he purpose of dred_ing the FL Fisher
ferry basin and channel in New Hanover County:
Open Waler Impacts in [he Cape F'ear Rirer 6asin
Tot.J Open Wafer Impact for Prujecl: 18.35 acres.
The project shall be constructed in accordance with your applica[ion dated received September 19, ?018 and
supplemental information provided on October 4 and 8, 2018. Atter reviewin, your applicazion, we have decided
that these impacts are covered by General Water Quality Certification Numbers 41 d2 and 4137. These certifications
corresponds to the Na[ionwide Permi[ 35and Nationwide Perniit 16 issued by [he Corps of Engineers. In addi[ion,
you should acquire any other federal, state or local permits before yoa proceed with your project includin� (but not
limited to) Sediment and Grosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with the accompanying 404 pennit.
�..,... �. Q��'
North Carolina Department of Environmental Quality , Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center j Raleigh, North Carolina 27699-1617
919.707.9000

This approval is valid solely for the purpose and desian described in }'our applica[ion (unless modified below).
Should your project change, you must notify [he NCDW R and submit a new application. If [he property is sold. the
new owner mus[ be eiven a copy of [his Certification and approval letter, and is thereby responsible for complyine
with alI the conditions. If total wetland fills for this project (now ur in the future) exceed one acre, or of total
impacu ro streams (now or in the future) exceed I50 linear feet, compensatory mitigation may be required as
described in 19q NCAC 2H .0506 (h) (6) and (7 ). For this approval to remain valid, you must adhere to the
conditions lis[ed in [he attached certifica[ions and any additional conditions lis[ed below.
Condition(s) of Certification:
Project Specific Condi[ions
I. The pennittee will need to adhere to all appropriate in-water work moraroria (includin, the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and
Wildlife Service, National Marine Fisheries Service. and NC Division of Marine Fisheries. No in-
water work is permitted between February lst and November 15'" uf an,y year, wi[hout prior
approval from [he NC Division of Water Resources and the appropriate agency concerning the
moratoria in question. In addition, the pennittee shall conform to the NCDOT policy entitled "Stream
Crossins Guidelines for Anadromous Fish Passa,e (May I?. 1997) at all times.
From August 12. 2002 Table
Soecies Moratorium Dates Primar�,<>encv
Sturaeon Peb I-Jun 30 NMFS
Other Anadromous Feb I S-Jun 30 NMFS
Spotfin Chub May IS-Aug31 USFWS
Cape Fear Shiner Section 7 Consultation USPWS
Eastem Sunfish Apr I-Jun 30 NCWRC
Western Suntish
Rainbow Trou[
Brook�Brown Trou[
Primary Nursery Areas
Sea Turtle (Nesting)
Piping Plover (Nesting)
Manatee (Imwater work)
Mussels
Mav I-Jun 30
Jan I-Apr IS
Oct15-Apr15
Feb 15-Sep 30
May I-Nov I�
Apr I-Jul I?
Jun-Oct
Section 7 Consultation
NC W RC
NCWRC
NCWRC
NMFS/NCDMP
USFWS
USPWS
USFWS
USFWS
The NC DOT Ferry Di�'ision will be required ro adhere to [he strict moratoria for any and alI
species that could be potentiallv impacted by this project.
General Conditions
2. Unless othenvise approved in this cenilication, placement of wlverts and other structures in open waters
and streams shall be placed below the elevation of the streambed by one foot f'or all cuherts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culvens having a diameter less
than 48 inches, to albw low flow passaee of water and aquatic life. Design and placement of culvens and
o[her structures including temporary erosion control measures shall not be conduc[ed in a manner that may
.�.,,... � Q�,�
North Ca�olina Department of Environmental Quahty I Div�sion of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 27699-16P
919.707.9000

result in dis-equilibrium of wedands or sveambeds or banks, adjacent to or ups'tream and downstream of
[he above structums. The applicant is required [o provide evidence that the equilibrium is bein,
maintained iFrequesred in wri[ina by NCDW R. If this condition is unable to be met due �o bedrock or
other limitin_ features encountered durine construction, please contac[ NCDWR for guidance on how [o
proceed and to delemiine whe[her or no[ a pennit modification will be required. [ ISA NCAC
02 H.0506( b )(2)j
3. It concrete is used during consVuction, a dry work ama shall be maintained to prevent direct contact
between curing conerete and stream water. Water that inadvertently contacts uncured concrete shall not
be dischareed to surface waters due to [he porential for eleva�ed pH and possible aquatic life and fish
kills. [15A NCAC 03B.0200�
4. Durin_ the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protecred riparian buffers. [ 15A NCAC 02H.0�06(b)(2)]
5. The dimension, pattern and protile of [he stream above and below [he crossing shall no[ be moditied.
Disturbed floodplains and streams shall be resrored ro na�ural �eomorphic conditions. [ I>A NCAC
02H.05p6(b)(2)]
6. The use of rip-rap above the Nonnal Hi;h Water Mark shall be minimized. Any rip-rap placed for
stream stabiliza[ion shall he placed in stream channels in such a manner that it does not impede aqua[ic
life passage. (ISA NCAC 02H.0>06(b)(2)]
7. The Permittee shall ensure that the final design drawings adhere to the perniit and to the permit
drawings submitted for approvaL [I>A NCAC 02H .0507(c) and I�A NCAC 02H .0506 (b)(2) and
( c )(-')l
8. All work in or adjacent to siream waters shall be conducted in a dry work area. Approved BMP
measures from the most curren� version of NCDOT Construc[ion and Maintenance Aciivi[ies manual
such as sandbags, rock benns, cotferdams and o[her diversion structures shall be used fo prevent
eacavation in flowing water. [I�A NCAC 0?H.Oi06(b)(3) and (c)(3)]
9. Heavy equipment shall be opera[ed from the banks rather than in [he s[ream channel in order to
minimize sedimentation and reduce [he inVoduction of o[her pollutants into the sheam. [ I�A NCAC
02H.0�06(b)(3)]
10. All mechanized equipment operated near surtace wa[ers mus[ be reeularly inspected and main[ained to
prevent contamination of stream waters from fuels, lubrican[s, hydraulic fluids, or other toxic marerials.
[ISA NCAC 02H.0506(b)(3)]
I I. No rock, sand or other materials shall be dredged from the sVeam channel except where authorized by this
certification. [I�A NCAC 02H.0�06(b)(3))
I?. Discharging hydroseed miswres and washing oui hydroseeders and o[her equipment in or adjacent to
surface waters is prohibited. �ISA NCAC 02H.0506(b)(3)]
13. 7�he pennittee and i[s au[horized agents shall conduc� i[s ac[ivities in a manner consistent with State water
qualiry standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any oCher appropriate requirements of Srate and Federal law. If the NCD W R determines that such
standards or laws are not beine met (including the failure to sustain a designated or achieved use) or that
State or federal law is bein�� violated, or lhat further conditions are necessary to assure compliance, the
NCDWR may reevaluate and modity this certitication. [ I iA NCAC 0?6.0300]
�
..�..,... �. ��';
North Carolina Department of Environmental Qualiry �. Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699d6ll
919707.9000

14. All till slopes located injurisdictional wetlands shall be placed a[ slopes no Flatter than >: I, unless otherwise
authorized by this certifieation. [1 iA NCAC 02HA5p6(b)(?)]
I5. A cop}� of this Wa[er Quality Certitication shall be maintained on the construction si�e at all times. In
addition, the Water Quality Certification and all subsequent mudifications, if any. shall be maintained wi[h
[he Division En,ineer and the on-si[e prciject mana�_ec �l iA NCAC 03H .0>07(cl and ISA NCAC 0'_H
.0506 (b)(2) and (c)(2)]
16. The outside buffer, wedand or water boundary located within the construction corridor approved by this
authorization shall be clearly marked 6y� hi�hl}� visible fencin�_ prior ro a�p� land disturbin,
ac[ivities. Impacts to areas withi❑ the fencing are prohibited unless otherwise au[horized by [his
certification. [ ISA NCAC 02H.Oi01 and .OS02]
17. The issuance of [his certification does no[ exempt the Penninee trom complyin_ with any and all stalutes,
rules. reeula[ions. or ordinances ihat may be imposed by other aovermnent agencies (i.e. IocaL state. and
federal) having jurisdiction, includin�� but not limited ro applicable buffer rules, stonnwater mana�ement
rules, soil erosion and sedimentation control requiremen[s, elc.
I8. The Pemiinee shall report any violations of this certitication to the Division ot Water Resources within ?-1
hours ofdiscovery. �ISA NCAC D3B.0506(bl(?)]
19. Upon completion of the project 1 including any� impacts at associated borrow or waste sitesJ. the NCDOT
Ferry Division En,ineershall complete and return thc encloscd "Certilication ofComple[ion Form" to noiify
the NCDWR when all work included in the 401 Certitication has been completed. � I SA NCAC 0?H.0502(��
?0. Native riparian vegetation must be rcestablished in the riparian areas within the construction limits of the
project by the end of lhe eroa�ine season ti�llowin�� completion ot� constructiun. �I�A NCAC
02B.0231(a)(6)�
2 L There shall be no excavation from, or w�ste disposal in[o, jurisdic[ional wetlands or wa[ers associated wi[h
this permi[ without appropriare moditication. Should waste or borrow sites. or access roads lo waste or
borrow sites, be locared in wedands or streams, compensatory mitigation will bc required since that is a
direct impact from r�ad consvuction activities.[IiA NCAC O3H.0>06(b)�3) and (c)(3)]
?2. Erosion and sediment control practices must be in fidl compliance with all specitications governin�� the
proper design, installation and operation and maintcnance of such Best Management Practices in order to
protect surface waters standards [I SA NCAC 02H.OSQ6(b)(3) and (c)(3]):
a. 'fhe erosion and sediment control measures for ihe project must be designed, ins�alled, operated,
and maintained in accordance with the most recent version of the Noi�th Cnrulina Se�lrme�v und
Erasion Cunu�o/ Plannirag nrrd Desi,�iv ,1/unu�d.
b. The design. iostallation. operation, and maintenance of the sediment and erosion control measures
mus[ be such that they equal, or ezceed, the requirements specitied in the most rccent version of
Ihe .Nonh C��i�nGn�i Sediment uncl E��osiun Cuntrol ,1J�imrul. l-he devices shall be maintained on all
construMion sites, borrow sites, and waste pile �spoil� projects, including cuntractor-owned or
Ieased borrow pits associated with the project.
c. For borrow pit si[es, the erosion and sediment control measures must be designed, installed.
operated, and maintained in accordancc witli dte most recent version of die Nurrh Co��olin�i Sm,Juce
A4ining b9nnual.
d. The reclamation measures and implementation mus[ comply wi[h [he reclamation in accordance
wi[h [he reyuimmen[s of Ihc Sedimentation Pollutiun Control Act.
..W.�.. �.., D. Q��
North Carolina Department of Environmental Quatrry I Drvision of Watei Resources
512 North Saiisbury Street 16ll Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

23. Sedimen[ and erosion con[rol measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [I SA NCAC 02H.0506(b)(3) and (c)(3)]
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 form from the office of Administrative hearings. You must file the petition
with fhe oftice 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 Hearings during nornial office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for o�cial state holidays. The original and one ( I) copy of the petition must be filed with the Office of
Adminis[rative Hearings.
The petition may be fazed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following [he faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office o1'Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 43I-300Q Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mc Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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 Joa�ne Steenhuis at [phone] orjoannesteenhuis@ncdencgov.
Sincerely,
� c ���
Linda Culpepper, In[erim Director
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilming[on Field Office
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Ca[hy Brittingham, NC Division of Coas[al Mana�ement (only if in CAMA County)
S[ephen Lane, NC Division of Coastal Managemen[
Joanne S[eenhuis. NC Division of Water Resources Wilmington Regional Office
File Copy
D_E Q"
.�.:.;.��.��,.. �,�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salis6ury Street � 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

ROY COOPER
Govrmn
MICHAEL 5. REGAN
srcrrtarv
LINDA CULPEPPER
frtfenm Dfrnnor
rtorrt H caRo�iNa
EnHronmental Qoallry
NCUWR Pruject No.:
.4pplican[:
Project Name:
County:
Dalc of Issuancc of 40t Water Quality Certifica[inn:
Certifica[e o(Completion
Upon completion of all work approved wi[hin [he 401 Water Quality Certification or applicable Butler Rules, and
any s'ubsequent moditications, the applicant is required to return diis certiticate lo the 401 Transporta[ion Permittio:
Unit, North Carolina Division of W'ater Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant. [he applican['s authorized agent, or the project eneineec II is not
necessarv to send certificates from all of these.
,4pplican!'s Cerlificalinn
L , hereby stare that, to the best of my abilities, due care and dilieence
was used in the observation of the construction such tha� [ht constraction was' observed to be built within substantial
compliance and inten[ of [he 401 Water Qualiry Certifcation and Buffer Rules, die approved plans and
specifications, and other supportine materials.
Sienature: Date:
:4genPs Cerli�calio��
1, _ , hereb}� state that, to �he best of m}� abilities. due care and dilieence
was used in [he obscrvation of the construction such that the consvuction was observed to be built within substantial
compliance and in[ent of [he 401 Water Qualiry Certitica[ion and Buffer Rules, the approved plans and
specitications, and o[her supportin� marerials.
Sienature: � Date:
Engineer'.s Cer�ification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, havino been authorized to observe (periodically, weekly, full time) the construction of the project for tlie
Permittee hereby state that, m the best of my abilities, due care and dili,ence was used io the ohservation of the
construction such that the construction was observed to be built within substantial compliance and intent uf the 401
Water Quality Certitication and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
�.,.,_. �= Q�'
North Carolina Department of Environmental Quality Drvision of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carol�na 27699-1617
919.707.9000