r~~® 

# NC®ENR North Carolina Department of Environment and Natura 

### Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary June 18, 2012 Mr. James D. Giattina, Director Water Protection Division United States Environmental Protection Agency Region 4 Atlanta Federal Center 61 Forsyth Street Atlanta, Georgia 30303-8960

RE: Proposed NPDES Vessel General Permit and Small Vessel General Permit North Carolina 401 Water Quality Certification
Dear Mr. Giattina: The N.C. Division of Water Quality (Division) has reviewed the proposed National Pollutant Discharge Elimination System (NPDES) Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels (VGP) and the proposed NPDES Small Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels less than 79 Feet (sVGP) for the purpose of providing state certification in accordance with Section 401 of the Clean Water Act. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95- 217 if conducted in accordance with the conditions hereinafter set forth. If you have any questions regarding this Certification, please contact Karen Higgins at karen.hi gginsgncdenr. gov
. Sin

. ~ —" ...,-._ _ .--..
C.~ Charles Wakild, P.E. CW /kah Enclosure 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 t ocation: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: uvww.navaterpualitv.org An Equal Opportunity 1 Affirmative Action Employer 

## NorthCarolina 

# Natura!!y

### Water t2uality Certification No. 3925

Conditions of Certification: 1. This Certification is valid only for those activities that fully comply with all terms and conditions of the National Pollutant Discharge Elimination Systcm (NPDES) Vcssel Gencral Permit for Discharges Incidental to the Normal Operation of Vessels (VGP) or the proposed NPDES Small Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels less than 79 Feet (sVGP) and all other state laws applicable to such discharges. 2. Discharges that are not eligible for coverage under the VGP or sVGP that require an individual permit must also obtain an individual Water Quality Certification or waiver from the Division. 3. This General Certification does not relieve the applicant/permittee of the responsibility to obtain all other required Federal, State, or Local approvals. 4. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with state water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), the Oil Pollution and Hazardous Substances Control Act of 1978 (Chapter 143 Article 21 A) and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, that state or federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this Water Quality Certification. 5. This Certification shall expire on the same day as the expiration date of the VGP and/or sVGP.
Effective date: June 18, 2012 DIVISION OF WATER QUALITY 

### By

~

Charles Wakild, P.E. Director

Water Quality Certification No. 3925