20180944 Ver 2_Approval Letter_20191107

ROY COOPER
Governor
MICHAEL S. REGAN
SecMarr
LINDA CULPEPPER
Director
Carteret County
NORTH CAROLINA
EnWronmentat Qualfty
November 6, 2019
DWR # 2018-0944v2
Carteret County
ATTN: Mr. Greg Rudolph
PO Box 4297
Emerald Isle, NC 28594
Subject: Approval of Individual 401 Water Quality Certification with
Additional Conditions
Bogue Banks 50-year Master Beach Nourishment Plan
Including Project #2, "Post -Florence Re -nourishment Project" Event
USAGE Action ID. No. SAW-2009-00293
Dear Mr. Rudolph:
Attached hereto is a copy of Certification No. WQC004169 issued to Mr. Greg Rudolph
and Carteret County, dated November 6, 2019 for the Bogue Banks 50-year Master
Beach Nourishment Plan including Project #1. This Certification replaces the 401
Certification issued on August 31, 2018. This certification is not valid until the
corresponding 404 permit is issued by the US Army Corps of Engineers and the Coastal
Area Management Act (CAMA) Major Permit (or applicable authorizations) is issued by
the NC Division of Coastal Management. Please note that you should get any other
federal, state or local permits before proceeding with the subject project, including
those required by (but not limited to) Sediment and Erosion Control, Non -Discharge,
and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification
can be contested as provided in General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at http:f Jwww.ncoah.comZ or by calling the
OAH Clerk's Office at [phone] for information. 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 8:00am and 5:00pm, excluding
official state holidays).
D Q
..� _ North Carolina Department of Environmental Quality I Division of Water Resources
��J/� Wilmington Regional Office 1127 Cardinal Drive Extension I Wllmingtom North Carolina 2&105
910.796.7215

Bogue Banks 50-year Master Beach Nourishment Plan
DWR# 20180944v2
Individual Certification IIWQC004169
Page 2 of 9
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, Fed Ex, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 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
Unless such a petition is filed, this Certification shall be final and binding.
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 at 910-796-7303 or
Robb.MairsPncdenr.gov if you have any questions or concerns.
Sincerely,
��'
A��
ac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
cc: Jimmy Martin, Moffatt & Nichol (via email)
Dawn York, Moffatt & Nichol (via email)
Doug Huggett, Moffatt & Nichol (via email)
Jordan Jessop, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA (via [e-mail])
Heather Coats, NC Division of Coastal Management (via email)
NC DWR WiRO
NC DWR 401 & Buffer Permitting Branch file
Filename: 20180944v2BogueBanks50YearMasterBeachNourishmentPlan(Carteret)-401_iC

Bogue Banks 50-year Master Beach Nourishment Plan
DWR# 20180944v2
Individual Certification #WQC004169
Page 3 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004169 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 0213.0200, to Mr. Greg Rudolph and
Carteret County NC, 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 September 12, 2019; Public Notice issued by the US Army
Corps of Engineers and received by the Division on April 18, 2017 (Draft Environmental
Impact Statement, DEIS); additional Public Notice issued by the US Army Corps of
Engineers and received by the Division on March 1, 2018 (Final Environmental Impact
Statement, FEIS).
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:
1. Impacts Approved. The following impacts, as detailed in your September 12, 2019
Event Notification Letter for Project #2 to the US Army Corps of Engineers, 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)]:
Project #2, "Post -Florence Re -nourishment Project" Events
Type of Impact
Amount Approved (units)
Plan Location or Reference
Permanent
Open
773 (acres) total
Sheet 6 of 66 `Borrow Area Site
Water/Shallow
555 Old ODMDS
Plan"And "Beach Renourishment"
Bottom Dredge
218 Current ODMDS
Dated August 27,2019
—5,066,280 (cubic yards)
Open
574 (acres) total
Pre -Construction Notice dated
Water/Shallow
263 acres 2019/2020
September 12, 2019 Post -Florence
Bottom Fill
311 acres 2020/2021
Phase II Project Notification Letter

Bogue Banks 50-year Master Beach Nourishment Plan
DWR# 20180944v2
Individual Certification IIWQ0004169
Page 4 of 9
2. Conceptual Approval of Events Proposed in the Bogue Banks Master Beach Nourishment
Plan (BBMBNP) Project #2, "Post -Florence Re -nourishment Project" Event. The
Division approves the Bogue Banks Master Beach Nourishment Plan (Plan) and timeline
of future dredging and material placement as described in the plans. Prior to initiating
any future phases or projects outside of Project #2 approved in Condition #1 of this
Certification, a request to modify this 401 Water Quality Certification shall be submitted
with the appropriate fee to the Division of Water Resources for review and approval.
[15A NCAC 02H .0506(b) and/or (c)]
3. All construction activities shall be performed and maintained in full compliance with
any permit(s) issued by the NC Division of Coastal Management.
4. 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).
5. The permittee and their contractor shall schedule a pre -construction conference with
the Division of Coastal Management and the U.S. Army Corps of Engineers, and invite
the Division of Water Resources, prior to the initiation of any activities authorized by
this certification.
6. Any monitoring, dredging or as -built surveys required by the US Army Corps of
Engineers shall also be provided to the Division of Water Resources. [1SA NCAC 02H
.0502(f)]
7. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality
for Class SB Waters (3)(g) pH: shall be normal for waters in the area, which generally
shall range between 6.8 and KS except that swamp waters may have a pH as low as 4.3
if it is the result of natural conditions; (1) 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
.0221]
8. This approval is for the purpose and design described in your application and as
described in the Public Notice. The plans and specifications for this project are
incorporated by reference and are an enforceable part of the Certification. Any
modifications to the project require notification to DWR and may require an application
submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
9. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized under this
Certification. [15A NCAC 02H .0501 and .0502]

Bogue Banks 50-year Master Beach Nourishment Plan
DWR# 20180944v2
Individual Certification #WQC004169
Page 5 of 9
10. 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.
[15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200]
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 NCDOT 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.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS-1, WS-I1, High Quality Waters (HQW), or Outstanding Resource Waters (ORW),
then the sedimentation and erosion control designs shall comply with the requirements
set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watershed.
11. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by
the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, then design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of
wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above
structures. All sediment and erosion control devices shall be removed and the natural
grade restored within two (2) months of the date that the Division of Energy, Mineral
and Land Resources (DEMLR) or locally delegated program has released the specific
area within the project.
12. An NPDES Construction Stormwater Permit is required for construction projects that
disturb one (1) or more acres of land. This Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the

Bogue Banks 50-year Master Beach Nourishment Plan
DWR# 20180944v2
Individual Certification NWQC004169
Page 6 of 9
permit. If your project is covered by this permit, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -
monitoring, record keeping and reporting requirements is required. A copy of the
general permit (NCG010000), inspection log sheets, and other information may be
found at: htt.p:./-/Vortal.ncdenr,orglweb/wq/ws/su/npdessw#tab-w.
13. Construction Moratoriums and Coordination. If activities must occur during periods of
high biological activity (i.e. sea turtle nesting, fish spawning, or bird nesting), then
biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine
Fisheries (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on
trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic
species of concern shall be implemented. Exceptions to this condition require written
approval by the resource agency responsible for the given moratorium.
Work within the twenty-five (25) designated trout counties or identified state or
federal endangered or threatened species habitat shall be coordinated with the
appropriate WRC, USFWS, NMFS, and/or DMF personnel.
14. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil
should not be released into open shellfish waters. Shellfish Sanitation and the Division
of Water Quality must be notified if this is to occur.
1S. If concrete is used during the construction, then all necessary measures shall be taken
to prevent direct contact between uncured or curing concrete and waters of the state.
Water that inadvertently contacts uncured concrete shall not be discharged to waters of
the state due to the potential for elevated pH and possible aquatic life/fish kills.
16. All temporary fill and culverts shall be removed and the impacted area returned to
natural conditions, within 60 days of the determination that the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross sectional dimensions, plan form pattern, and longitudinal bed
and bed profile, and the various sites shall be stabilized with natural woody vegetation
(except approved maintenance areas) and restored to prevent erosion.
17. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as
outlined in the most recent edition of the North Carolina Sediment and Erosion Control
Planning and Design Manual so as not to restrict stream flow or cause dis-equilibrium.

Bogue Banks SO -year Master Beach Nourishment Plan
DWR# 20180944v2
Individual Certification 4WQC004169
Page 7 of 9
18. 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. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A
NCAC 02B .0211 (12)]
19. In accordance with 143-215.85(b), the applicant 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.
20. The permittee shall report to the Wilmington Regional Office at [phone] (after
hours and on weekends call 800-858-0368) any noncompliance with this certification,
any violation of stream or wetland standards [15A NCAC 02B .0200] including but not
limited to sediment impacts [15A NCAC 02B .0200]. Information shall be provided
orally within 24 hours (or the next business day if a weekend or holiday) from the time
the applicant became aware of the circumstances. A written submission shall also be
provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the
noncompliance, and its causes; the period of noncompliance, including exact dates and
times, if the noncompliance has not been corrected, the anticipated time compliance is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case -by -case basis.
21. If an environmental document is required under the State Environmental Policy Act
(SEPA), then this General Certification is not valid until a Finding of No Significant
Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. If an
environmental document is required under the National Environmental Policy Act
(NEPA), then this General Certification is not valid until a Categorical Exclusion, the
Final Environmental Assessment, or Final Environmental Impact Statement is
published by the lead agency [15A NCAC 01C .0107(a)]
22. This Certification does not relieve the applicant 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.

Bogue Banks SO -year Master Beach Nourishment Plan
DWR# 20180944v2
Individual Certification #WQC004169
Page 8 of 9
23. The applicant 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 DWR determines that such standards or laws
are not being met, including failure to sustain a designated or achieved use, or that State
or Federal Iaw is being violated, or that further conditions are necessary to assure
compliance, then DWR may revoke or modify a written authorization associated with
this General Water Quality Certification. [15A NCAC 02H .0507(d)]
24. Carteret County 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
and Federal law. [15A NCAC 02B .0200] 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. Before
modifying the Certification, the Division shall notify Mr. Greg Rudolph and Carteret
County and the U.S. Army Corps of Engineers, provide public notice in accordance with
15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with
15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Greg
Rudolph and Carteret County in writing, shall be provided to the U.S. 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.
25. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification 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 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 .0506 (b)(2)]
26. Upon completion of all permitted impacts in Project #2 and after completion of each
subsequent modification as approved, the applicant shall be required to return a
certificate of completion (available on the DWR website
https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(o]
27. If the property or project is sold or transferred, the new Permittee shall be given a copy
of this Certification and is responsible for complying with all conditions. Any new
owner of the property or project must notify the Division and may be required to
request the Certification be issued in their name. [15A NCAC 02H .0501 and .0502]

Bogue Banks 50-year Master Beach Nourishment Plan
DWR# 20180944v2
Individual Certification IIWQC004169
Page 9 of 9
28. This Certification neither grants nor affirms any property right, license, or privilege in
any waters, sand or dredged material, or any right of use in any waters, sand or dredged
material. This Certification does not authorize any person to interfere with the riparian
rights, littoral rights, water use rights, sand rights or dredged material rights of any
other person and this Certification does not create any prescriptive right or any right of
priority regarding any usage of water, sand or dredged material. This Certification shall
not be interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water, sand or dredged material use. No consumptive
user is deemed by virtue of this Certification to possess any prescriptive or other right
of priority with respect to any other consumptive user regardless of the quantity of the
withdrawal or the date on which the withdrawal was initiated or expanded.
29. 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.
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
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.
Non-compliance with or violation of the conditions herein set forth may result in
revocation of this Certification and may also result in criminal and/or civil penalties.
This the 66 day of November, 2019
*"L' 4r��e
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
MH/rlm
4169