20190140 Ver 1_Approval Letter_20190408

ROY COOPER
covernor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Direcfor
NORTH CAROLINA
Environmenta( Quality
April 8, 2019
Carteret County
NC D W R Project No. 20190140
Cedar Island Ferry
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Lance Winslow
NCDOT Ferry Division
159 Lucinda Lane
Powells Poiny NC 27966
DearMr. Winslow:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
dredging the Cedar Island ferry channel in Carteret County.
O en Water Im acts in the Neuse River Basin
Site Excavation in Open Waters
ac
Cedar Island Ferry 14.00
The project shall be consG'ucted in accordance with your application dated received January 31, 2019. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4175. This certification corresponds to the Regional General Permit 198000291 issued by the Corps of
Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your
project includin� (but not limited to) Sediment and Erosion Con[rol, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with [he accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified 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 given a copy of this Certification and approval letter, and is thereby responsible for complying
with all [he condi[ions. If total wetland fills for this project (now or in the future) exceed one acre, or oFtotal
impacts to streams (now or in the fumre) exceed 300 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in I SA NCAC 2B.0259. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional conditions listed below.
Condition(s) of Certi�cation:
This approval authorizes the excavation of approximately 22,450 cubic yards of bottom material. This material
shall be properly disposed of into an approved opland site. [I SA NCAC 02H.0506(b)(2)(3)]
2. 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 eovemment 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.
3. The Permittee shall ensure that the final design drawings adhere ro the permit and to the permit drawings submitted
for approvaL [15A NCAC 02H .0507(c) and ISA NCAC 02H .0506 (b)(2) and (c)(2)]
D_E Q�� North Carolina Department of Ernironmental Quality I Division of Water Resources
92 North Salisbury Street I 1611 Mail 5ervice Center I Raleigh. North Carolina 27699i611
oe�,n�moim.�,o.���.o.v��� /`� 919.7079000
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4. 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(bx2)]
5. All mechanized equipment operated neaz 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)]
6. The permittee and iu authorized agenu shall conduct iu activities in a manner consistent with State water quality
standazds (including any requitements 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 aze necessary to assure compliance, the NCDWR may reevaluate and modify
this certification. [ISA NCAC 02B.0200]
7. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [15A NCAC 02B.0506(bx2)]
8. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and the "Certification of Completion Form" to notify the NCDWR when all work included
in the 401 Certification has been wmpleted. [15A NCAC 02HA502(�]
9. A copy of this Water Qualiry Certification shall be maintained on the conswction site at all times. In addition, the
Water Qualiry Certification and all subsequent modifications, ifany, shall be maintained with the Division Engineer
and the on-site project managec [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
If you wish to contest any statemeM 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 nortnal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the dowment is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
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 petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Endvonmental Quality
1601 Mail Service Center
T'his 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 Gazcy Ward at [phone]or [e-mail].
Sincerely, � �
L da Culpepper, D�rector� N"
ivision of Water Resources
Electronic copy only distribution:
Tom S[effens, US Army Corps of Engineers, Washington Field Office
S[ephen Lane, NC Division of Coastal Managemen[
Cathy Brittingham, NC Division of Coastal Management
Garcy Ward, NC Division of Wa[er Resources Washingon Regional Office