20181344 Ver 1_Approval Letter_20190207

NORTH CAROLINA
ROY COOPER 8nvirommntoiquality
Gwfrna
MICHAEL S. REGAN
Seurmry
LINDA CULPEPPER
Interim Direrrar
February 7, 2019
Town of Oak Island
ATTN:Gene Kudgus
4601 E. Oak Island Drive
Oak Island, NC 28465
D W R # 18-1344
Brunswick County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICAITON WITH ADDITIONAL CONDITIONS
(15A NCAC 02B .0200)
Town of Oak Island Maintenance Dredging - Lockwoods Folly Inlet and AIWW Crossing
(Tangent 11)
Dear Mr. Kudgus:
You have our approval for the impacts listed below for the purpose described in your CAMA Major
application dated September 6, 2019 and received by the Division of Water Resources (Division)
September 12, 2018. Additional Information was requested November 7, 2018 and received by the
Division February 5, 2019 via email. An updated application dated February 1, 2019 was received by the
Division on February 4, 2019. The impacts associated with this project are covered by the attached Water
Quality General Certification Number 4175. Please note that you should get any other federal, state or
local permits before proceeding with your project, including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
O E Q
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Town of Oak Island Maintenance Dredging— Lockwoods Folly and AIWW
GC 401 Approval
DWR Project #20181344
Page 2 of 4
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Open Water Dredging—AIWW Crossing
0 (acres)
—48 (acres)
(Tangent 11) and Lockwoods Folly Inlet
to federally authorized dimensions.
Fill — Oak Island Beachfront
0 (acres)
160 (acres)
—46,000 (linear feet)
These approved impacts are specific to the purpose, intent and design outlined in your CAMA Major
Permit Application dated February 1, 2019. Specific dredge quantity will vary based on navigational
need. Placement location and area and will vary based on material composition. Beach quality sand
may be placed on Oak Island Beachfront and in the approved nearshore placement area off Oak
Island (-10 feet MLW), as referenced in your application. Fine grained material may be placed in an
existing upland disposal area (AIWW DA 0284, or similar) with USACE approval.
2. 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 approval by the resource agency responsible for the given moratorium.
3. 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]
4. 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 Resources, between the hours
of 8 am to 5 pm at the Wilmington Regional Office at [phone] 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),
1SA NCAC 02B .0200 (3)(f), and GS 143 Article 21A

Town of Oak Island Maintenance Dredging— Lockwoods Folly and AIWW
GC 401 Approval
DWR Project#20181344
Page 3 of 4
5. 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.
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(s)/Permit/Authorization and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
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:
If sending via US Postal Service: If sending via delivery service (UPS, Fedfx, 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 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 Maintenance Dredging — Lockwoods Folly and AIW W
GC 401 Approval
DWR Project #20181344
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act and 15NCAC
02H .0500. Please contact Paul Wojoski at 919-707-3631 or Pa UI.Wojosk0)ncdenr Rov if you have any
questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4175
cc: Michael Hall, O'Brien & Gere Engineers, Inc. (via email)
Liz Hair, US Army Corps of Engineers, Wilmington District (via email)
Heather Coats/Courtney Spears, NC Division of Coastal Management (via email)
NC DWR WiRO
DWR 401 & Buffer Permitting Branch file
Filename: 181344Townof0a kls la n dMa i me na nceDre dgi ng(Bru nswick)_401_GC