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HomeMy WebLinkAbout20120868 Ver 3_RE IDMMS Agency Communication_20201020Strickland, Bev From: Mairs, Robb L Sent: Tuesday, October 20, 2020 1:00 PM To: Coats, Heather; Hair, Sarah E CIV CESAW CESAD (US); Greg Currey (Gregory.E.Currey@usace.army.mil) Subject: RE: [External] Carolina Beach Inlet, IDMMS Agency Communication Attachments: 20120868v3 NHC SDI-5 401 May 2017.pdf, Agency Precon Communication.pdf Hey Heather, The NCDWR has no objections for the proposed maintenance excavation event per Layton's Pre -con letter. Thanks, Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb. mairsa-ncdenr.gov https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer- ep rmits 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Coats, Heather Sent: Tuesday, October 20, 2020 12:04 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Greg Currey (Gregory.E.Currey@usace.army.mil) <Gregory.E.Currey@usace.army.mil> Cc: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: FW: [External] Carolina Beach Inlet, IDMMS Agency Communication Hi guys, I'm sorry, I'm not sure which of you handles this- but I just realized you weren't copied on it and I'm not sure if your project works folks coordinate with you directly or not. Our state resources agencies were okay with it (WRC and DMF)- just wanted to make sure you were aware and didn't have any questions or concerns with them conducting this event in a couple weeks. Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coatsa-ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bedsole, Layton [mailto:lbedsole@nhcgov.com] Sent: Wednesday, October 7, 2020 2:12 PM To: Coats, Heather <heather.coats@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov>; Howell, Jonathan <jonathan.howell@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; kathryn matthews@fws.gov; fritz.rohde <fritz.rohde@noaa.gov>; Deaton, Anne <anne.deaton@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Kevin Conner <Kevin.B.Conner@USACE.ARMY.MIL> Cc: joen.a.petersen@usace.army.mil; james.t.horton@usace.army.mil; Roger Bullock(Roger.D.Bullock@usace.army.mi1) <Roger.D.Bullock@usace.army.mil>; Bob Keistler (Robert.W.Keistler@usace.army.mil) <Robert.W.Keistler@usace.army.mil>; Brennan Dooley (brennan.i.dooley@usace.army.mil) <brennan.i.dooley@usace.army.mil>; Hart, Kevin <kevin.hart@ncdenr.gov>; lannucci, Jim <Jlannucci@nhcgov.com> Subject: [External] Carolina Beach Inlet, IDMMS Agency Communication External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Good Afternoon, The USACE recently contacted us regarding a potential Murden hopper dredging event in CB Inlet. We would like to take advantage of the opportunity. Feel free to call. L. Layton Bedsole I Shore Protection Coordinator Engineering New Hanover County 230 Government Center Drive, Suite 160 Wilmington, NC 28403 (910) 798-7104 p 1 (910) 798-7051 f www.nhc,qov.com Water Resources Environmental Quality May 26, 2017 ROY COOPER MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director DWR Project # 201208680 New Hanover County New Hanover County ;� t � ' Attn: Mr. Chris Coudriet, County Manager �;� fN� e1 230 Government Center Drive Wilmington, NC 28403 P � Em R 4117 Subject Property: New Hanover County- SDI- Caro i� �B nle ' Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Coudriet: You have our approval, in accordance with the attached conditions and those listed below to mimic the depths and dimensions of the federally authorized maintenance dredging within Carolina Beach Inlet and the AIWW, and beneficial placement project as described in your CAMA application dated November 9, 2016. Subsequent information was received by the Division on May 24, 2017. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No. 198000291 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge, Water Supply Watershed, and stormwater regulations. 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. This approval requires you to follow the conditions listed in the attached certification and any additional ' conditions listed on the following pages. The Additional Conditions of the Certification are: 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 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}. 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H --_ l'Nothing Compares`"- � State of North Carolina I Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 910-796-7215 New Hanover County SDI-5 Carolina Beach Inlet — New Hanover County DWR Permit # 20120868v3 May 26, 2017 .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213 .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit 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 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. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/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. If the Division 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, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 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 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 (800) 858-0368. 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), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). New Hanover County SDI-5 Carolina Beach Inlet— New Hanover County DWR Permit # 20120868v3 May 26, 2017 10. 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 and/or authorized agent is required to return a completed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http://portal.ncdenr.orp-/web/wq/swp/ws/401 /certsandpermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, 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: Ifsending 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 DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 New Hanover County SDI-5 Carolina Beach Inlet — New Hanover County DWR Permit # 20120868v3 May 26, 2017 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional Office at 910.796.7427 or robb.mairs@ncdenr.gov. Sincerely, Jim re son, Regional Supervisor Water uality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosures: GC 3900 Electronic Copy: Tyler Crumbley - USACE Wilmington Regulatory Field Office -Electronic Copy DWR 401 & Buffer Permitting Branch file-LF Heather Coats - DCM Morehead City -Electronic Copy Layton Bedsole — New Hanover County WiRO CAMA PERMIT CERTIFICATION Water Quality Certification Number 3900 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to waters and wetland areas as described in General Permits 198000291, 198000048, 198700056, 197800080, 197800125, and 198200277, Nationwide Permits 3, 12, 13, 14, 18, 27, 29, 33, 35, 39, and 43, and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 02B .0200. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Quality (the "Division" ): a) Activities authorized by CAMA major permits, except: i. Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the exception that the excavation or filling of coastal wetlands may not exceed 100 square feet; ii. Shoreline protection measures that tie into existing bulkheads, lard or other shoreline protection measures or do not extend waterward of the normal high water line or normal water level more than 10 feet provided that the activity will not involve the excavation or filling of any SAV or significant shellfish resources as identified by the Division of Marine Fisheries and impacts less than 500 square feet total of wetland, with the exception that the excavation or filling of coastal wetlands may not exceed 100 square feet, iii. Piers and docks designed to accommodate up to but not exceeding 10 vessels (except where prohibited in ORW Waters as defined in 15A NCAC 02B.0225(7)&(8)) and where the water depth is equal to or greater than two feet of water at normal low water level or normal water level (whichever is applicable); iv. Maintenance dredging of less than 0.5 acres of open water or non -vegetated wetlands provided that the applicant can provide documentation showing the historic dimensions of the dredged channel, and no Submerged Aquatic Vegetation or shellfish beds are excavated or filled; v. Projects that involve only shading of waters or wetlands; vi. Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as wetland or water impacts are temporary; vii. Upland development which involves no more than 1/10 of an acre of excavation or filling of non -coastal wetlands, with the exception than no more than 2,000 square feet of the non -coastal excavation or filling may take place within a Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this area calculation, the excavation or filling impacts of the entire project must be considered, which may include boat ramps, bulkheads or other shoreline Water Quality Certification No. 3900 W stabilization measures. The applicant must comply with all applicable coastal stormwater rules, viii. Single family home construction that results in fill of 404 wetlands as long as written concurrence is not required from DWQ for the applicable Corps of Eng^eers Nationwide Permit; or b) Any stream relocation, or c) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200), or d) Any impacts to streams and/or buffers in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed with Riparian Area Protection Rules [Buffer Rules) in effect at the time of application) unless the activities are listed as "EXEMPT' from these rules or a Buffer Authorization Certificate is issued through N.0 Division of Coastal Management (DCM) delegation for "ALLOWABLE" activities. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Activities included in this General Certification that do not meet one of the thresholds listed above do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. Activities authorized by Coastal Area Management Act (CAMA) General Permits do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. If any of these Conditions cannot be met, then written approval from the Division is required. Conditions of Certification: 1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification 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 Pre -Construction Notification, as authorized in the written approval from the Division or beyond the thresholds established for use of this Certification without written authorization, including incidental impacts. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 2. Standard Erosion and Sediment Control Practices 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 and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: a) 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. Water Quality Certification No. 3900 b) 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. c) Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d) Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e) If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality (HOW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 04B 0124, Design Standards in Sensitive Watersheds. 3. No Sediment and Erosion Control Measures in Wetlands or Waters 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 Land Resources (DLR) or locally delegated program has released the specific area within the project. 4 Construction Stormwater Permit NCG010000 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.o[qlweb/wq/ws/su/n dessw#tab-w. The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. 5. 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. Water Quality Certification No. 3900 Water Qualitv Certification No. 3900 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. 6. 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. 7. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application submittal to and written approval by the Division. 8. Riparian Area Protection (Buffer) Rules Activities located in the protected riparian areas (whether jurisdictional wetlands or not), within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited to "uses identified within and constructed in accordance with 15A NCAC 02B .0233, .0259, 0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met. 9. 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. 10. Compensatory Mitigation In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for losses of equal to or greater than 150 linear feet of streams (intermittent and perennial) and/or equal to or greater than one (1) acre of wetlands. For linear public transportation projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for activities classified as "Allowable with Mitigation" or "Prohibited" within the Table of Uses. A determination of buffer, wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this Nationwide and/or Regional General Permit. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory mitigation plans shall be submitted to the Division for written approval as required in those protocols. The mitigation plan must be implemented and/or constructed before any impacts occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a mitigation bank. In these cases, proof of payment shall be provided to the Division before any impacts occur on site. Water Quality Certification No. 3900 4 11. Placement of Culverts and Other Structures in Waters and Wetlands Culverts required for this project shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters and streams must be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/ connectivity has been provided when possible (rock ladders, crossvanes, etc). Notification to the Division including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations shall be provided to the Division 60 days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification to the Division including supporting documentation such as, but not limited to, a location map of the culvert, geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60 days prior to the installation of the culvert. If bedrock is discovered during construction, then the Division shall be notified by phone or email within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application submittal to, and written approval by, the Division of Water Quality, regardless of the total impacts to streams or wetlands from the project. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Additionally, when roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. 12. 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 for the approved maintenance areas) and restored to prevent erosion. 13, 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 or the North Carolina Surface Mining Manual so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification. Water Quality Certification No. 3900 Water Quality Certification No. 3900 14. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved material's shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. 15. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to be carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. 16, If this Water Quality Certification is used to access building sites, then all lots owned by the applicant must be buildable without additional impacts to streams or wetlands. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters, or buffers if required to do so in writing by the Division. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. 17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters, and protective buffers within the project boundaries in order to assure compliance for future wetland, water, and buffer impact. These mechanisms shall be put in place at the time of recording of the property or of individual lots whichever is appropriate. A sample deed notification can be downloaded from the Division's web site at http //portal ncdenr org/web/wq/swp/ws/401/certsandpermits/apply/forms. The text of the sample deed notification may be modified as appropriate to suit to a specific project. Documentation of deed notifications shall be provided to the Division upon request. 18. If an environmental document is required under the National or State Environmental Policy Act (NEPA or 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. 19, In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations will be required. 20, This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 21. The applicant/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. If the Division 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 the Division may reevaluate and modify this General Water Quality Certification. 22. When written authorization is required for use of this certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. 23. Additional site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Water Quality Certification No. 3900 Certification in order to ensure compliance with all applicable water quality and effluent standards. 24. This certification grants permission to the director, an authorized representative of the Director, or DEN staff, upon the presentation of proper credentials, to enter the property during normal business hours. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality, Including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 19, 2012 DIVISION OF WATER QUALITY By Charles Wakild, P.E. Director History Note: Water Quality Certification (WQC) Number 3900 issued March 19, 2012 replaces WQC Number 3641 and 3642 issued March 19, 2007, WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000, WQC Number 3112 issued February 11, 1997, and WQC Number3025 issued September 6, 1995. This General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Quality.' Water Quality Certification No. 3900 NEW HANOVER COUNTY ENGINEERING 230 Government Center Drive, Suite 160, Wilmington, NC 28403 P: (910) 798-7139 1 F: (910) 798-7051 1 NHCgov.com Jim lannucci, PE, CFM, County Engineer 7 October 2020 Resource Agencies: New Hanover County, Carolina Beach Inlet: Email Transmittal On 6 October, the US Army Corps of Engineers (USACE) notified New Hanover County (NHC) of a potential November maintenance dredging opportunity for the Carolina Beach Inlet (CBI). The special purpose dredge Murden is scheduled to leave the area in late November for Dare County and the Northeast. Considering the Murden's travel path, the US Coast Guard's (USCG) ongoing asset requirement and current inlet template conditions; a mid to late November hopper dredging event with inshore dredge material management site (IDMMS) usage is advantageous. NHC and the USACE are proposing a three to six -day maintenance dredging event predicated on the Murden's availability and schedule. The proposed event would make use of the IDMMS as authorized by the NC Division of Coastal Management (NCDCM) Permit 50-16, expiration date 12/2020 (NHC's renewal request in progress). However, the November availability of a USACE hopper dredge could place the proposed maintenance event outside NHC's IDMMS' environmental window. Understanding the USACE's dredge plant forecasting challenges, NHC is requesting an early November out of window event as an operational precaution. In support of the potential out of window maintenance event, NHC is providing supplemental documentation as previously requested by the NC Division of Coastal Management (NCDCM), the NC Division of Marine Fisheries (NCDMF) and the National Marine Fisheries Service (NMFS). Supplemental Documentation Statement of purpose and need specific to this event: • Maintaining CBI as an ocean accessible route from Myrtle Grove Sound and adjacent NHC estuarine areas; • Responding to shoaled conditions and the USCG's mandated year-round aids to navigation (ATONs) access and • Implementing a resource conservation and adaptive dredge material management alternative, the IDMMS. Dredge and disposal schedule for proposed work: • A three to six -day maintenance event making use of the IDMMS; • The Murden mobilizing from the local shipyard in mid to late November and • CBI maintenance dredging occurring in November followed by the Murden's demobilization to the Northeast. x CAROLINA BEACH ,o IDMMS INLET �31 21 It p II =, }' p N x, p x0 yy 33 40 37 37 32 ]° x} p z3 y 21 }° xtp' 155A SURVEYED: APRIL 7-9, 2020 v ESTIMATED AVAILABLE SPACE @ -14 FT IN PROPOSED PLACEMENT AREA AS OF April 7-9, 2020: 74,062 CY BOX CUT IDMMS inset: • Before dredge surveys will be scheduled with updated template dredge volumes; • The IDMMS deposition location and capacity will be re -mapped; • The last IDMMS usage was in April 2020 and • A post -construction survey and summary will be provided. Volume estimate of IDMMS placement: • CBI's IDMMS deposition authorization is 75,000 cubic yards within CB's three-year coastal storm damage reduction (CSDR) project cycle. The IDMMS has approximately 31,000 cubic yards of authorized deposition remaining in the current three-year cycle; • The USACE's Coastal Engineering opinion of the IDMMS inset's deposition capacity will be requested; • The dredge event is potentially 6 days at 12-hour days. If the Murden were to maximize 72 hours of dredging at —200 cubic yards/hour, the event volume managed would be approximately 14,400 cy, well within DCM's regulatory stipulations. Record of most recent sand recvcling from the IDMMS: • The last recycling/reuse of beach quality sand from the CSDR's IDMMS occurred in early 2019 and is scheduled again for FY22. Forecast of next disposal event planned for the IDMMS: • As per the USACE's upcoming shipyard visits and the fleet's US East Coast responsibilities, the USACE will continue abbreviated but repetitive visits within NC's shallow draft inlets; • The US East Coast scheduling of the USACE's dredge fleet is completely a USACE responsibility; • In efforts to meet the USCG's mandate for the buoy tender Bayberry's access, CBI maintenance is tentatively targeted every eight to ten weeks and • NHC prefers and requests USACE special purpose dredges using the IDMMS, resulting in improved operational efficiency (reduced dredge plant travel time), improved sediment management (pre -staged recycling within the IDMMS) and reduced environmental effects (avoiding surf -zone nearshore nursery areas and nearshore staging areas). Given the USACE's special purpose dredge fleets' schedules/timelines and in keeping with the NCDCM Major Permit 50-16 stipulations, NHC is requesting the agencies accept this transmittal as NHC's pre -construction IDMMS communication. NHC thanks all for your consideration! H. Layton Bedsole Jr., REM Shore Protection Coordinator New Hanover County