DWR 401. 20201987 Ver 1_Approval Letter_20210401

April 1, 2021

DWR # 2018-1344v3
Brunswick County
Town of Oak Island
Attn: David Kelly
4601 East Oak Island Drive
Oak Island, NC 28465

Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY
CERTIFICATION WITH ADDITIONAL CONDITIONS – MODIFICATION
Town of Oak Island Beach Nourishment – Modification
USACE Action ID. No. SAW 2018-02230

Dear Mr. Kelly:

Attached hereto is a copy of No. WQC004215 issued to Mr. David Kelly and the Town of Oak
Island, dated April 1, 2021. This Certification replaces the Certification issued on January
27, 2020. 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 this Water Quality
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 Certification and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)].

This Water Quality Certification does not relieve the permittee of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project, including
those required by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water
Supply Watershed, and Trout Buffer regulations.

This Water Quality Certification neither grants nor affirms any property right, license, or
privilege in any lands or waters, or any right of use in any waters. This Water Quality
Certification does not authorize any person to interfere with the riparian rights, littoral rights, or
water use rights of any other person and does not create any prescriptive right or any right of
priority regarding any usage of water. This Water Quality Certification shall not be interposed as
a defense in any action respecting the determination of riparian or littoral rights or other rights to
water use. No consumptive user is deemed by virtue of this Water Quality Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user.

Town of Oak Island
DWR# 2018-1344v3
Individual Certification #WQC004215
Page 2 of 10

Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the
corresponding Individual Section 404 Permit. The conditions shall remain in effect for the life of
the project, regardless of the expiration date of this Water Quality Certification.

Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Water Quality Certification for the project and may also result in criminal and/or civil
penalties.

If you are unable to comply with any of the conditions of this Water Quality Certification you
must notify the Wilmington Regional Office within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee becomes aware of the circumstances.

The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited
to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours
(or the next business day if a weekend or holiday) from the time the permittee became aware of
the non-compliance circumstances.

This approval and its conditions are final and binding unless contested [G.S. 143-215.5].

This Certification can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina
Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for
filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26
of the North Carolina Administrative Code. Additional information regarding requirements for
filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the
OAH Clerk’s Office at [phone].

One (1) copy of the Petition must also be served to the North Carolina Department of
Environmental Quality:

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Town of Oak Island
DWR# 2018-1344v3
Individual Certification #WQC004215
Page 3 of 10

This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Please contact Robb Mairs or Tyler Benson at 910-796-
7215, [e-mail] or [e-mail] if you have any questions or
concerns.

Sincerely,

Paul Wojoski, Supervisor
401 & Buffer Permitting Branch

cc:
Jimmy Martin, Moffatt & Nichol (via email)
Greg Currey, USACE Wilmington Regulatory Field Office (via email)
Heather Coats, NCDCM Wilmington Office (via email)
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch file

Town of Oak Island
DWR# 2018-1344v3
Individual Certification #WQC004215
Page 4 of 10

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION

CERTIFICATION #WQC004215 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's
Regulations in 15 NCAC 02H .0500 and 15A NCAC 028 .0200, to Mr. David Kelly and the
Town of Oak Island, who have authorization for the impacts listed below, as described within
your Coastal Area Management Act (CAMA) application received by the N.C. Division of
Water Resources (Division) on December 18, 2020; Public Notice issued by the US Army Corps
of Engineers and received by the Division on February 10, 2021.

The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.

This approval requires you to follow the conditions listed in the certification below.

Conditions of Certification [15A NCAC 02H .0507(c)]:

1. Impacts Approved. The following impacts, as detailed in your December 17, 2020
CAMA Major Application to the NC Division of Coastal Management, are hereby
approved provided that all of the other specific and general conditions of this
Certification (or Isolated Wetland Permit) are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506 (b) and/or (c)]:

Type of Impact Amount Approved (Units)
Permanent
Plan Location or Reference
Open Water / Shallow
Bottom Impacts Dredge
304 (acres) Jay Bird Shoals
Borrow Area
Sheets C-119, C-120, C-301
and C-302
Dated November 18 of 2020 180 (acres) Central Reach
Borrow Area
Fill for Beach Nourishment
(below MHW)
134 (acres) Sheets G-004 and C-100
through C-118
Dated November 18 of 2020

2. Moratoriums

The Permittee shall comply with any moratoriums per the NC Division of Marine
Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be
observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources,
US Fish and Wildlife and National Marine Fisheries. If such activities should take place
during periods of high biological activity (e.g. shorebird, or sea turtle nesting), biological

Town of Oak Island
DWR# 2018-1344v3
Individual Certification #WQC004215
Page 5 of 10

monitoring may be required at the request of other state and federal agencies and
coordinated with these dredging activities.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters
or wetlands, and any surface waters or wetlands downstream, continue to support existing
uses during and after project completion. The Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of
standards, or would result in secondary or cumulative impacts.
3. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0222 Tidal Salt Water Quality
Standards for Class SB Waters.(12) 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; (19) 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 .0222]
The Permittee shall conduct the following dredging effluent monitoring:
Samples shall be collected at daily time intervals of one hour after system start-up, midway
of the dredge process (6 hours) and one hour prior to system shutdown assuming a 12 hour
day. The sampling shall be done following the longshore current just beyond the nearshore
placement at 1000’ and 2000’ intervals beyond the discharge point. If the turbidity is above
25 NTU at the 2000’ point, a third sample should be taken at the point where the turbidity is
25 NTU and that distance noted in the record.
The Permittee shall maintain a record of the daily equipment calibration and sample results at
the required sampling intervals.
Citation: 15A NCAC 02B .0211; 15A NCAC 02H .0506(b)(1); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule [including, at minimum: aquatic life propagation,
survival, and maintenance of biological integrity (including fishing, fish, and Primary
Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must
not cause water pollution that precludes any best use on a short-term or long-term basis.
4. The effluent water from the dredge spoil shall not be released into open shellfish waters
unless Shellfish Sanitation and the DWR Wilmington (910-796-7215) Regional Office is
notified and provide approval prior to the release.
Citation: 15A NCAC 02B .0221

Town of Oak Island
DWR# 2018-1344v3
Individual Certification #WQC004215
Page 6 of 10

Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. Surface water quality standards
require that conditions of waters be suitable for all best uses provided for in state rule
[including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and
secondary contact recreation]; and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state’s antidegradation policy), the Division must evaluate
if the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
5. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally
within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
became aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that
precludes any best use on a short-term or long-term basis.
6. 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.
Citation: 15A NCAC 02H .0502 (a); 15A NCAC 02H .0506 (b)(1)
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state’s antidegradation policy), the Division must evaluate
if the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule (including, at minimum: aquatic life propagation,
survival, and maintenance of biological integrity; wildlife; secondary contact recreation;

Town of Oak Island
DWR# 2018-1344v3
Individual Certification #WQC004215
Page 7 of 10

agriculture); and that activities must not cause water pollution that precludes any best use on
a short-term or long-term basis.
8. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion
so that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the
North Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor-owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; 15A
NCAC 02B .0231

Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. Activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts
as shall not render the waters injurious to public health, secondary recreation, or to aquatic
life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the
waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50
Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU
in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these
levels due to natural background conditions, the existing turbidity level shall not be
increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved
gases shall not be present in amounts that may cause adverse impacts on existing wetland
uses; and (3) Materials producing color or odor shall not be present in amounts that may
cause adverse impacts on existing wetland uses.

Town of Oak Island
DWR# 2018-1344v3
Individual Certification #WQC004215
Page 8 of 10

9. Sediment and erosion control measures shall not be installed in wetland or waters except
within the footprint of temporary or permanent impacts otherwise authorized by this
Certification. If placed within authorized impact areas, then placement of such measures shall
not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or
streambanks. Any silt fence installed within wetlands shall be removed from wetlands and
the natural grade restored within two (2) months of the date that DEMLR or locally delegated
program has released the specific area within the project to ensure wetland standards are
maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A
NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. Activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts
as shall not render the waters injurious to public health, secondary recreation, or to aquatic
life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the
waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50
Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU
in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these
levels due to natural background conditions, the existing turbidity level shall not be
increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved
gases shall not be present in amounts that may cause adverse impacts on existing wetland
uses; and (3) Materials producing color or odor shall not be present in amounts that may
cause adverse impacts on existing wetland uses.
10. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A
NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. Activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts
as shall not render the waters injurious to public health, secondary recreation, or to aquatic
life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the
waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other

Town of Oak Island
DWR# 2018-1344v3
Individual Certification #WQC004215
Page 9 of 10

solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses; and (3) Materials producing color or odor shall not be present in
amounts that may cause adverse impacts on existing wetland uses.
11. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water
quality standards require that conditions of waters be suitable for all best uses provided for
in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of
biological integrity; wildlife; secondary contact recreation; agriculture); and that activities
must not cause water pollution that precludes any best use on a short-term or long-term
basis.
12. The 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. The Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards, or would result in secondary or cumulative impacts.
13. The permittee shall require its contractors and/or agents to comply with the terms and
conditions 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 with a copy of this General Certification. A copy of this General Certification
shall be available at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality General Certification to minimize water quality impacts.

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 or CAMA Permit. The

Town of Oak Island
DWR# 2018-1344v3
Individual Certification #WQC004215
Page 10 of 10

conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)]

This, the 1th day of April 2021

Paul Wojoski, Supervisor
401 & Buffer Permitting Branch

PAW/tgb

WQC004215