20081615 Ver 1_Approval Letter_20081230

Michael F. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Coleen H. Sullins, Director
Division of Water Quality

December 30, 2008

Mayor Howard Braxton
Town of Topsail Beach
820 S. Anderson Blvd
Topsail Beach, NC 28445

Re: Topsail Beach Interim (Emergency) Beach Fill Project, Pender County
Topsail Inlet (Topsail Sound) [030624, 18-87-10, SA, HQW]
DWQ Project # 2008 1615; USACE Action 10. No. SAW 200640848071

APPROVAL of 401 Water Quality Certification with Additional Conditions

Dea~ Mr. Braxton:

Attached hereto is a copy of Certification No. 3777 issued to Mr. Howard Braxton, Mayor of the Town of
Topsail Beach, dated December 30,2008. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and
Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.

If we can be of further assistance, do not hesitate to contact us.

~elY'

/ft-COleen Sullins

CHS/cbk/ijm

Attachments: Certificate of Completion

cc: Tom Jarrett, Coastal Planning & Engineering of North Carolina, Inc.
Dave Timpy Wilmington District, USACOE
Joanne Steenhuis, DWQ, Wilmington Regional Office
Trent James, DLR, Wilmington Regional Office
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
File Copy
Central Files

Filename: 081615TopsaiIBeachInterimEmergencyBeachFill(Pender)40 I _IC

Mailing Address
1617 Mail Service Center
Raleigh, NC 27699-1617

Phone [phone]
Fax [phone]

Location
512 N. Salisbury St.
Raleigh, NC 27604

N2>TthCarolina
/Vall/ralll/

Internet: www.ncwateraualitv.or!!

Customer Service 1-877-623-6748

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Howard Braxton and Town of Topsail Beach
Page 2 of2
December 30, 2008

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION

THIS CERTIFICATION is issued in conformity with the requirements of Section 40 I Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Howard Braxton, Mayor of the Town of Topsail Beach,
to dredge 131.73 acres of offshore bottom area and place beach compatible sand on 128.58 acres of beaches
below the Mean High Water (MHW) contour and 89.54 acres above the MHW contour from approximately
2000 feet from the Topsail Beach/Surf City Town line to the south side of the southernmost canal (Godwin
Avenue) which is approximately 4.7 miles of shoreline in the Cape Fear River Basin, in association with the
Town of Topsail Beach nourishment project, Pender County, North Carolina, pursuant to an application
filed on the 25th day of August of2008. .

The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 30 I,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.

This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice and the Division of Coastal Management Application. If the project is
changed, prior to notification a new application for a new Certification is required. If the property is sold,
the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions of this Certification. Any new owner must notify the Division and request
the Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7).
If any plan revisions from the approved site plan result in a change in stream or wetland impact or an
increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401
Certification may be required. For this approval to be valid, compliance with the conditions listed below
is required.

Conditions of Certification:

1. Impacts Approved

The following 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:

Amount A
N/A

Plan Location or Reference
N/A

Open Water (offshore)
dred ed
Open Water (near shore)
below MHW filled

131. 73 acres
(5,737,500 SF)
128.58 acres
(5,600,000 SF)

Borrow area X

Figure 1A -Plan view Southern
section and 1B Plan view Northern
Section

Sediment and Erosion Control:

2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:

Mr. Howard Braxton and Town of Topsail Beach
Page 3 of3
December 30, 2008

a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.

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 404/401 Permit 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;

4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream 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 Land Resources or locally delegated program has released the project;

Continuing Compliance:

5. Mr. Howard Braxton, Mayor ofthe Town of Topsail Beach 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 2H.0507(d).
Before modifying the Certification, the Division shall notify Mr. Howard Braxton, Mayor of the
Town of Topsail Beach, the US Army Corps of Engineers, and provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for a public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Howard
Braxton, Mayor of the Town of Topsail Beach, 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;

Other conditions:

6. Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under this authorization letter and certification.

7. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC
Wildlife Resources, US Fish and Wildlife and National Marine Fisheries.
If such activities should take place during periods

Mr. Howard Braxton and Town of Topsail Beach
Page 4 of 4
December 30, 2008

8. This Certification covers the one time event of beach nourishment for the Town of Topsail Beach.
Any future activity that includes work in the inter-tidal zone will require a new 401 Water Quality
application and certification.

9. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Winston-Salem, NC, 27699-1650.

Also, 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.

If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.

CHS/cbk/ijm

This the 30th day of Dece
Z-NO WA R

jCOleen Sullins

3777