20011868 Ver 2_Approval Letter_20180424

State of North Carolina | Environmental Quality
1611 Mail Service Center | Raleigh, North Carolina 27699-1611
919-707-9000

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director Water Resources
Environmental Quality

April 23, 2018
Brunswick County
DWR Project: 2001-1868v2
Town of Sunset Beach
Ms. Susan Parker
700 Sunset Boulevard
Sunset Beach, NC 28468

Subject Property: Maintenance Dredging of Mary’s & Turtle’s Creek
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms. Parker,
You have our approval, in accordance with the attached conditions and those listed below, to
perform maintenance dredging within Turtle and Mar y’s Creeks in the previously authorized
dredge footprint and final depths as described in your application received by the N.C. Division of
Water Resources (DWR) on March 12, 2018. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number 4144 (GC4144).
In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non-discharge, and stormwater regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 Permit. This Certification can also be found on line at:
http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits.

This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to s end us 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 conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

1. Please understand that the waters around your project area have been identified by the Division of
Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the
proposed project area arise in the future, please be aware that new dredging within a PNA is
not allowed under 15A NCAC 02B .0221 and is a degradation of water quality standards and
therefore considered a water quality violation. [15A NCAC 02B .0221].

DocuSign Envelope ID: 96DE56CA-F071-4DFA-86FB-AB8EC70AF50A
Town of Sunset Beach Turtle & Mary’s Creek Dredging
Brunswick County
2001-1868v2
Page 2 of 4

2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions. Any new owner must notify the Division and request the Certification be
issued in their name {15A NCAC 02H .0501 and .0502}.

2. Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification.

3. Turbidity Standard

The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion
control practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215
4. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration of this Certification.
5. The permittee shall require its contractors and/or agents to comply with the terms of this
permit in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project a
copy of this certification. A copy of this certification including all conditions shall be
available at the project site during the construction and maintenance of this project. [15A
NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]

6. Continuing Compliance:
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), 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, or that State or Federal law is being violated, or that further conditions are necessary
to assure compliance, than the Division may reevaluate and modify this General Water
Quality Certification. [15A NCAC 02H .0507(d)]
DocuSign Envelope ID: 96DE56CA-F071-4DFA-86FB-AB8EC70AF50A
Town of Sunset Beach Turtle & Mary’s Creek Dredging
Brunswick County
2001-1868v2
Page 3 of 4

7. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington
Regional Office at 910.796.7215 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
8. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
9. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours 15A NCAC 02H.0502(e).

10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant and/or
authorized agent is required to return a completed certificate of completion form to the
NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617
Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The
certification of completion is available at:
http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification 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 8:00 am and 5:00 pm, excluding official state holidays).
DocuSign Envelope ID: 96DE56CA-F071-4DFA-86FB-AB8EC70AF50A
Town of Sunset Beach Turtle & Mary’s Creek Dredging
Brunswick County
2001-1868v2
Page 4 of 4

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
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
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 of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR
Wilmington Regional Office at [phone] or [e-mail].
Sincerely,

Morella Sanchez-King, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

Enclosure: GC4144

cc: Robert Neal – Moffatt & Nichol (via email)
Tyler Crumbley - USACE Wilmington Regulatory Field Office (via email)
Heather Coats – DCM Wilmington (via email)
WiRO/LF

DocuSign Envelope ID: 96DE56CA-F071-4DFA-86FB-AB8EC70AF50A