20110905 Ver 2_Approval Letter_20170517

May 17, 2017
United States Coast Guard
5505 Robin Hood Road, Suite K
Norfolk, VA 23513-3404
ROY CI 00PER
GovcE/wl
MICHAEL S. REGAN
Sc�, cm/ I
S. JAY ZIMMERMAN
DWR #11-0905 v2
Carteret County
Re: Approval of Individual 401 Water Quality Certification with Additional Conditions
USCG Maintenance Dredge Small Boat Mooring, Atlantic Beach
USAGE Action ID. No. SAW -2005-00748
Dear Commander Dugan:
Attached hereto is a copy of Certification No. 3872 issued to the United States Coast Guard,
dated May 17, 2017. 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 1506 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 maybe obtained from the OAH at http:l/www.ncoah.comJ 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 8:00arn 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.
State of'North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carohna 27699-1 61 7'
919807 6300

If sending via US Postal. Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
United States Coast Guard DWR # 11-0905 v2
Individual Certification #3872
May 17, 2017
Page 2 of 6
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
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
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 Robb Mairs at 910-796-7427or robb---jn---a-- ur_.- �s@
---- p aryl ry if you
have any questions or concerns,
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Attachments: Sheets # R-1.0 — R-5.0
cc: USACE Wilmington Regulatory Field Office, Attn: Liz Hair- electronic copy
Todd Bowers, EPA (via [e-mail])
DWR WiRCI 401 file
DWR 401 & Buffer Permitting Branch file- LF
Brian Lambe, DEMLR, Wilmington Regional Office- electronic copy
Daniel Govoni, DCM Morehead City -electronic copy
Anne Deaton, DMF- electronic copy
Filename: 110905v2USCG Maintens ncedredging(Carteret)_401_IC

United States Coast Guard DWR # 11-0905 Q
Individual Certification #3872
May 17, 2017
Page 3 of 6
CERTIFICATION #3872 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 15A NCAC
02H .0500, to United States Coast Guard, who have authorization for the impacts listed below, as
described within your application received by the N.C, Division of Water Resources (Division) on
January 20, 2017, with additional information received February 6, 2017 and by Public Notice
issued by the U.S. Army Corps of Engineers received by the Division on March 20, 2017.
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 additional impacts are hereby approved as long as 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 02B .0506(b)]
I Type of Impact I Amount Approved (Units) Plan Location or Reference - ----
[:Ojp�enWa�ter-- 2.43 Acres Sheets # R-1,0 —R-5,0 (attached)
2. Sediment and Erosion Control
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.

United States Coast Guard DWR # 11-0905 Q
Individual Certification #3872
May 17, 2017
Page 4 of 6
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 -11, 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 Watersheds..
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the 404/401Permit Application, All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. Any violations of this
condition including turbidity or failed silt fences must be reported to the Wilmington
Regional Office immediately at 910.796.7215. [15ANCAC 02H.0501and .05021
4. 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. [15A NCAC 02H
.0501 and .0502]
5. Continuing Compliance
The United States Coast Guard 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 02H .0507(d). Before modifying
the Certification, the Division shall notify The United States Coast Guard and their
authorized agents and/or contractors and the US Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing

United States Coast Guard DWR # 11-0905 Q
Individual Certification #3872
May 17, 2017
Page 5 of 6
in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided
to the United States Coast Guard and their authorized agents and/or contractors 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.
6. A copy of this Certification shall be provided to the authorized agents and/or contractors
and a copy is to be kept at the project site and made available if requested for by a Division
inspector.
7. Equipment
All mechanized equipment (for the dredging project) 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 Quality, 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 1.800.858.0368. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC
0213.0200 (3)(f), and GS 143 Article 21A]
8. Dredging shall not cause Shellfish Closures
If the dredging area is closed to the taking of shellfish, the effluent water from the dredge
spoil should not (if at all practicable) be released into open shellfish waters. Shellfish
Sanitation (252.726.6827) and the Division of Water Resources (910,796.7215) must be
notified if this is to occur. [15A NCAC 02B.0221]
9. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird
nesting), then biological monitoring may be required at the request of other state or federal
agencies and coordinated with these activities. [15A NCAC 02H .0506(b)(2) and 15A NCAC
0413.0125)
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 concurrence from the applicable
individual agency and notification to the Division of Water Quality.
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.

United States Coast Guard DWR # 11-0905 Q
Individual Certffication #3872
May 17, 2017
Page 6 of 6
10. This Certification does not relieve the applicant of the responsibility to obtain all oth-'"
required Fed.ral, State, or Local approvals. I
11. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: h ?do s.(rL��sj(,_,gqJj(icate of -C( r P 11). [15A NCAC 02H
.0502(f)]
12. 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. 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. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
13. 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. [15A NCAC 02H .0502(e)]
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 LAMA 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(d)(2) and 15A NCAC
02H 0506]
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 17th day of May 2017
DIVISION OF WATER RESOURCES
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAHIrm
am