HomeMy WebLinkAbout20052016 Ver 4_Approval Letter_20240502DocuSign Envelope ID: 726DD3E0-BA57-46F2-9704-9A33BFD1 DC94
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 2, 2024
DWR # 20052016v3
Pender County
Town of Surf City
ATTN: Kyle M. Breuer
P.O. Box 2475
Surf City, NC 28445
Subject: Approval of Individual 401 Water Quality Certification
Surf City - Beach Bulldozing Dune Restoration & Beach Renourishment
USACE Action ID. No. SAW-2006-00158
Dear Mr. Breuer:
Attached hereto is a copy of Certification No. WQC006409 issued to Kyle Breuer and Town of Surf City,
dated May 2, 2024. This certification replaces the certification issued on November 8, 2023. 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.
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
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.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARou Na 919.707.9000
DocuSign Envelope ID: 726DD3E0-BA57-46F2-9704-9A33BFD1 DC94
_)urr Uly tseach Bulldozing Dune Restoration & Beach Renourishment
DWR# 20052016v3
Individual Certification #WQC006409
Page 2 of 6
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 (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-7303 or holley.snider@deg.nc.gov if you have any
questions or concerns.
Sincerely,
DocuSigned by:
M61(t II& S&In,GU,c/LjAi"
A2KE126A9394M...
Morella Sanchez -King
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WiRO
Electronic cc: Sarah Hair, USACE Wilmington Regulatory Field Office
Maria Dunn, NCWRC
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NnH1ri CARD,"A 919.707.9000
DocuSign Envelope ID: 726DD3E0-BA57-46F2-9704-9A33BFD1 DC94
.)urr Uly tseach Bulldozing Dune Restoration & Beach Renourishment
DWR# 20052016v3
Individual Certification #WQC006409
Page 3 of 6
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20052016v3_Surf City Beach Bulldozing & Reno urishment_IWQC_PendCo_May.24
North Carolina Department of Environmental Quality I Division of Water Resources
D Q�� 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CAROL NA " 919.707.9000
DocuSign Envelope ID: 726DD3E0-BA57-46F2-9704-9A33BFD1 DC94
-)urr Uly tseach Bulldozing Dune Restoration & Beach Renourishment
DWR# 20052016v3
Individual Certification #WQC006409
Page 4 of 6
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006409 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 Kyle Breuer and Town of Surf City, who have authorization for the impacts
listed below, as described within your CAMA major permit renewal request received by the N.C. Division
of Water Resources (Division) on March 1, 2024, and by Public Notice issued by the Division of Coastal
Management on or about November 22, 2005.
The State of North Carolina certifies that this activity will comply with water quality requirements and
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.
The following impacts are hereby approved. This certification authorizes beach bulldozing and beach
renourishment activities utilized by the Town of Surf City to maintain the 6.2 miles of oceanfront
beach within the town limits. No other impacts are approved, including incidental impacts. [15A NCAC
02H .0506(b)]
Type of Impact
Amount Approved
Plan Location or Reference
Beach Bulldozing
Intertidal bulldozing
91 acres (3,963,960 sq. ft.
Beach Renourishment
Excavation of beach sand
Beach Fill
*above MHW
*below MHW
96 acres dredged
36.24 acres
256.77 acres
TI Coastal oceanfront
shoreline drawings sheets 1
through 18 November 25,
2019
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality Standards
for Class SC 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.
Citation: 15A NCAC 02B .0220
2. All dredge and/or fill material shall be placed on high ground and excavation shall not occur in
Primary Nursery Areas outside of the authorized (describe dredge template/footprint). Please
understand that the waters around your project area have been identified as a Nursery Area and
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
Nnhricaao.iw 919.707.9000
DocuSign Envelope ID: 726DD3E0-BA57-46F2-9704-9A33BFD1 DC94
_)urr Uly tseach Bulldozing Dune Restoration & Beach Renourishment
DWR# 20052016v3
Individual Certification #WQC006409
Page 5 of 6
requests to dredge within these areas must be consistent with 15A NCAC 02B .0220 and 15A NCAC
02B .0224 which requires that conditions of waters be suitable for all best uses provided for in
state rule (including, at minimum: aquatic life propagation, survival, maintenance of biological
integrity, and fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation;
and that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis. The permittee is encouraged to take all necessary measures to ensure that
impacts do not occur outside of the authorized dredge template within waters of designated
Primary Nursery Areas.
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
3. Please note that the area surrounding the project sites are located within Outstanding Resource
Waters Area (SA;ORW) and contains submerged aquatic vegetation (SAVs) and shellfish producing
habitat. No impacts to SAVs or shellfish producing habitat are authorized by this certification
outside the approved impacts specified herein.
Citation: 15A NCAC 028 .0225(c)(2); 15A NCAC 07H .0208 (a)(6)
4. The effluent water from the dredge spoil should not (if at all practicable) be released into open
shellfish waters. The release of the effluent of dredge spoil from a closed shellfish area into open
shellfish water will cause a (temporary) closure of that water which in turn is a degradation of
waters and a violation of tidal salt water quality standards for Class SA Waters. Shellfish Sanitation
(252.726.6827) and the Division of Water Resources (910.796.7215) must be notified if this is to
occu r.
Citation: 15A NCAC 028 .0221
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)
6. 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)
7. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231
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
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NQr cavo, iNa 919.707.9000
DocuSign Envelope ID: 726DD3E0-BA57-46F2-9704-9A33BFD1 DC94
_)urr Uly tseach Bulldozing Dune Restoration & Beach Renourishment
DWR# 20052016v3
Individual Certification #WQC006409
Page 6 of 6
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 028 .0200; 15A NCAC 028
.0231
9. Heavy equipment working in wetlands shall be placed on mats or other measures shall betaken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0231
10. 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)
11. 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)
12. 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 Water Quality Certification. A copy of this Water Quality
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)
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 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. [15A NCAC 02H .0507(c)]
This, the 2nd day of May 2024
DocuSigned by:
M61(t II& SaIn,G�.c,�jAi"
A2KE126A9394M...
Morella Sanchez -King
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WiRO
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
Noa1HCAaD_NA 919.707.9000