20181344 Ver 2_Approval Letter_20200127

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Town of Oak Island
ATTN: David Kelly
4601 E. Oak Island Drive
Oak Island, NC 28465
NORTH CAROLINA
Environmental Quality
January 27, 2020
DWR # 18-1344 v2
Brunswick County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICAITON WITH ADDITIONAL
CONDITIONS
Town of Oak Island Beach Nourishment
Dear Mr. Kelly:
Attached hereto is a copy of Certification No. WQC004215 issued to Mr. David Kelly and the
Town of Oak Island, dated January 27, 2020. 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://www.ncoah.com/ 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).
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:
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.70T9000

Town of Oak Island Beach Nourishment
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If sending via US Postal Service: If sending via delivery service (UPS, FedEx, 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. Contact Paul Wojoski at 919-707-3631 or Paul.Woioski@ncdenr.r;ov
if you have any questions or concerns.
Sincerely,
Mac Haupt, cting Supervisor
401 & Buffer Permitting Branch
cc: Jimmy Martin, Moffatt & Nichol (via email)
Todd Bowers, EPA (via [e-mail])
NC Division of Coastal Management
NC DWR WiRO
NC DWR 401 & Buffer Permitting Branch file
Filename: 181344v2TownofOa klsla ndBeach Renou rich m ent(Bru nswick)_401_IC

Town of Oak Island Beach Nourishment
401 Water Quality Certification
DWR Project k20181344v2
WQC004215
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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 02B .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 October 24, 2019; Public Notice issued by the US Army Corps of Engineers and
received by the Division on November 21, 2019 and additional information received by the
Division on November 27, 2019.
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 August 23, 2019 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)
Plan Location or Reference
Permanent
Open
1,100,000 (cubic yards)
Sheets C-100, C-115 and C-301 "Borrow
Water/Shallow
Material Removed
Plan View" and "Borrow Area Cross
Bottom Dredge
Secitons"
304 (acres) Jay Bird Shoals
Borrow Area
Brunswick County Oak Island
Renourishment Project 2019/2020 dated
August 13, 2019
Fill for Beach
122 (acres)
Sheets G-004 and C-114 through C-101
Nourishment
(below MHW)
Brunswick County Oak Island
Renourishment Project 2019/2020 dated
August 13, 2019
2. All construction activities shall be performed and maintained in full compliance with any
permit(s) issued by the NC Division of Coastal Management.

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3. 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).
4. In the case that the permittee and/or their contractor schedules a pre -construction
conference with the Division of Coastal Management and the U.S. Army Corps of Engineers,
prior to the initiation of any activities authorized by this certification, the Division of Water
Resources shall be invited.
5. 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. [15A NCAC 02H .0502(f)]
6. 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 8.5 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 .02211
7. 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]
8. 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]
9. 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 026 .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 NCDOTSediment 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.

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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-I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 046 .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 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:
http://Portal.ncdenr.org/web/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.

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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.
15. 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.
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 026 .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 115A 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

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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.
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 law 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. The Town of Oak Island and Mr. David Kelly 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 Town of Oak Island and Mr.
David Kelly 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 Town of Oak Island
and Mr. David Kelly 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

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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. 115A NCAC 02H .0506 (b)(2)]
26. 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 .05021
27. 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.
28. 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.

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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 27" day of January, 2020
Mac Haupt, Ac ing Supervisor
401 & Buffer Permitting Branch
paw
W QC004215