DWR. 20052016 V2_Town of Surf City Nourishment-Pender&Onslow-feb.20.docx

February 20, 2020
DWR # 2005-2016 V2
Pender & Onslow County
Town of Surf City
Attn: Ashley Loftis
PO Box 2475
Surf City, NC 28445

Subject: Surf City Nourishment 2019
Approval of 401 Water Quality Certification with Additional Conditions

Dear Ms. Loftis:

You have our approval, in accordance with the attached conditions and those listed below to
nourish approximately 32,500 linear feet of beach shoreline (256.77 acres of intertidal beach
and near-shore shallow bottom) and maintenance dredge 96.4 acres, as described in your
CAMA application, which was received by the Division of Water Resources (Division) on
December 23, 2019.

After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number 4175 (GC 4175). This Certification allows you to use the
General Permit No. 198000291 permit when issued by the US Army Corps of Engineers and the
CAMA Major Permit when issued by the Division of Coastal Management. 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, Water Supply Watershed, 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 or CAMA
Permit.

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 send us a new application.
If the property is sold, the new owner must be given a copy of this General 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 on the following pages.

The Additional Conditions of the Certification are:

1. 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
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change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee.

2. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 2B. .0221. Appropriate sediment and erosion control
practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office at 910.796.7215 if any turbidity issues arise.
3. 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 breaker zone 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.
The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality
for Class SA Waters 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; (l) 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.
4. Any final construction plans for this project must include or reference the application and
plans approved by the DWQ under this authorization letter and certification.

5. 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.

6. 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.

7. The applicant/permitee 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.

8. Moratoriums
You will 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
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periods of high biological activity (e.g. shorebird, or sea turtle nesting), biological
monitoring may be required at the request of other state and federal agencies and
coordinated with these dredging activities.

9. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from hydrocarbons or other potential toxic
chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall
immediately contact the Division of Water Resources, 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 the USCG National Response center at 1.800.424.8802.

10. Continuing Compliance:
The Town of Surf City and their authorized agents and/or contractors shall conduct
construction activities in a manner consistent with State water quality standards (including
any requirements resulting from compliance with section 303(d) of the Clean Water Act)
and any other appropriate requirements of State law and federal law. If the Division
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 are necessary to assure compliance, the Division may reevaluate and modify
this Certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H.0507 (d). Before
modifying the Certification, the Division shall notify the Town of Surf City, the US Army
Corps of Engineers, and provide public notice in accordance with 15A NCAC 2H.0503
and provide opportunity for a public hearing in accordance with 15A NCAC 2H.0504. Any
new or revised conditions shall be provided to the Town of Surf City, in writing, shall be
provided to the United States Army Corps of Engineers for reference in any Permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the
404 Permit for the project;

11. 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 the enclosed certificate of completion form to the
NCDENR 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 also available at: https://edocs.deq.nc.gov/Forms/Certificate-
of-Completion).

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
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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).

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 DENR:

Bill Lane, General Counsel
Department of Environment and Natural Resources
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 Robb Mairs in the DWR
Wilmington Regional Office at 910.796.7215 or [e-mail].

Sincerely,

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

Enclosures: GC 4175

Liz Hair - USACE Wilmington Regulatory Field Office-Electronic Copy
DWR 401 & Buffer Permitting Branch file-LF
Heather Coats- NCDCM Wilmington Office-Electronic Copy
TI Coastal Services, Inc c/o Jamie Pratt, Electronic Copy
WiRO

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