20081615 Ver 2_Approval Letter_20101117

L
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 17, 2010
Town of Topsail Beach
Attn: Tim Holloman, Town Manager
820 S. Anderson Blvd
Topsail Beach, NC 28445
Re: Topsail Beach Interim Emergency Beach Nourishment; Onslow County
DWQ Project # 2008 1615 Ver. 2; USACE Action ID. No. SAW 2006 40848 071
Topsail Sound [030624, 18-87-10, SA, HQW]
APPROVAL of 401 Water Quality Certification - MODIFICATION
Dear Mr. Holloman:
Attached hereto is a copy of Certification No. 3777 issued to Mr. Tim Holloman, Town Manager of
Topsail Beach, dated November 17, 2010. This Certification replaces the 401 Certification issued on
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.
CHS/ijm
Attachments: Certificate of Completion
Si rely
Coleen Sullins
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Joanne Steenhuis, DWQ, Wilmington Regional Office
Karl Hammers, DU, Wilmington Regional Office
Anne Deaton, DMF, P.O. Box 769, Morehead City, NC 28557
Doug Huggett, DCM
File Copy
Chris Gibson, Gahagan and Bryant Associates of North Carolina, PLLC
Dave Timpy Wilmington District, USACOE
Trent James, DLR, Wilmington Regional Office
Dee Freeman
Secretary
Filename: 081615Ver2Topsa ilBeachInterimEmergencyBeac hRenourishment(Pender)401_IC_MOD
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
Town of Topsail Beach
Page 2 of 5
November 17, 2010
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION 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 15 NCAC 2H, Section .0500 to Mr. Tim Holloman, Town Manager of Topsail Beach, to
dredge 45.28 acres of open water area and 27.16 acres from spoil disposal islands (DA 189 and DA 203)
and place the beach compatible sand on 129.13 acres of beaches below the Normal High Water (NHW)
contour and 89.53 acres above the NHW 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 modification request
filed on the 12th day of October of 2010.
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 301,
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 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:
Type of Impact Amount Approved nits Plan Location or Reference
404/401 Wetlands N/A
Open Water Federally maintained channels of
dredged 45.28 acres Topsail Creek (Topsail Creek cut
(1,972,244 SF) template sheet 1 of 1) (Connector
Channel cut template Sheet 1 of 1),
Banks Channel (Banks Channel cut
template Sheet 1-2 of 2)and the
AIWW (AIWW cut Template
Sheet 1-4 of 4)
Topsail Beach Renourishment
Sheet 3, 4 7 5 of 5
Open Water (near shore Topsail Beach Renourishment
Town of Topsail Beach
Page 3 of 5
November 17, 2010
below NEW filled 129.13 acres Sheet 1 of 1
(5,625,000 SF) Topsail Beach Interium
(Emergency) Beach Fill Project
Sheet 1-7 of 7
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:
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. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used
to meet this standard.
Please notify DWO if ANY turbidity issues arise durine this aroiect
5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
Continuing Compliance:
6. Mr. Tim Holloman, Town Manager 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
Town of Topsail Beach
Page 4 of 5
November 17, 2010
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. Tim Holloman, Town Manager 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. Tim Holloman, Town Manager 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:
7. 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.
8. The permittee shall notify the DWQ in writing prior to the beginning of the work authorized under
this certification. A pre-construction meeting must be held with the DWQ prior to the start of the
project so that the contractors and/or agents fully understand the conditions of this certification.
9. 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 of high biological activity (e.g. bird, or sea turtle nesting), biological
monitoring may be required at the request of other state and federal agencies and coordinated with
these dredging activities.
10. 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.
11. The portion of the project that removes material from DA 189, shall not impact any primary nursery
area (PNA). Logging mats and all necessary/appropriate measures shall be used to avoid impacts to
the Division of Marine Fisheries designated PNA.
12. All material used for the beach nourishment must be compatible, clean, free of debris and clay, and
free of any pollutants except trace quantities. The permitee is required to report to the DWQ if any
potentially incompatible material is placed on the beach. The material shall be inspected daily to
ensure that it is compatible. If incompatible material is placed on the beach, work shall stop
immediately, DWQ shall be notified by the permitee or contractor/agent to determine the appropriate
plan of action.
13. All mechanized equipment 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
or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response
center at 1.800.424.8802.
14. 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
Town of Topsail Beach
Page 5 of 5
November 17, 2010
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, 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.
This the 17th day of Nov tuber 2010
DIVI ON O W ALITY
Coleen Sullins
i
CHS/ijm
3777