20120512 Ver 1_Approval Letter_20120709

MCDEN R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Town of Emerald Isle
Attn Frank Rush Town Manager
7500 Emerald Drive
Emerald Isle NC 28594
Town of Pine Knoll Shores
Attn Brian Kramer Town Manager
100 Municipal Circle
Pine Knoll Shores NC 28512
Charles Wakild P E Dee Freeman
Director Secretary
July 9 2012
DWQ Project # 2012 0512
Carteret County
Is I P
Subject Property Beach Nourishment for 3 areas in the Towns of Emerald Isle and Pine Knoll
Shores
Approval of 401 Water Quality Certification with Additional Conditions
Dear Messrs Rush and Kramer
You have our approval in accordance with the attached conditions and those listed below to nourish the
three areas of beach with sand from the offshore ODMDS as described in your CAMA application dated
May 22 2012 and received by the Division of Water Quality (DWQ) in the Wilmington Regional Office
(WiRO) on May 24 2012 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 404 permit 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 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 LAMA Permit
This approval is for the purpose and design that you described in your application The approved plans
and specifications for this project are incorporated by reference and are an enforceable part of the permit
If you change your project you must notify us and you may be required to send us a new application If
the property is sold the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions If total fills for this project (now or in the future)
exceed one acre of wetland or 150 linear feet of stream compensatory mitigation may be required as
described in 15A NCAC 2H 0506 (h) This approval requires you to follow the conditions listed in the
attached certification and any additional conditions listed on the following pages
1601 Mad Service Center Raleigh North Carolina 27699 1601
Phone [phone] Internet www ncdenr gov
An Equal Opportunity 1 Affirmative Action Employer 50 A Recycled 110 / Post Consumer Paper
Nof thCarohna
Naturally

Town of Emerald Isle
Attn Frank Rush Town Manager
Town of Pine Knoll Shores
Attn Brian Kramer Town Manager
DWQ Protect # 2012 0512
July 9 2012
Page 2 of 4
The Additional Conditions of the Certification are
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
2 No Waste Spoil Solids or Fill of Any Kind
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 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
3 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 Turbidity curtains s hall be used as appropriate Please notify this Office if
any turbidity issues arise at 910 796 7215
4 Moratoriums
You will comply with any moratoriums per the Division of Marine Fisheries 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
5 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
Amount Approved (Units)
Plan Location or Reference
Open Waters (dredged)
8 581 320 0 sq ft (197 0 ac)
Sheet lof 48 Vicinity and Location
Map Depicting Excavation and
Placement Areas and
Open Beach (fill)
8 189 280 0 sq ft (188 ac below NHW)
Sheet 32 of 48 ODMDS Sand
Reclamation Area attached
Coastal wetlands
N/A
404/401 wetlands
N/A
2 No Waste Spoil Solids or Fill of Any Kind
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 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
3 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 Turbidity curtains s hall be used as appropriate Please notify this Office if
any turbidity issues arise at 910 796 7215
4 Moratoriums
You will comply with any moratoriums per the Division of Marine Fisheries 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
5 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

Town of Emerald Isle
Attn Frank Rush Town Manager
Town of Pine Knoll Shores
Attn Brian Kramer Town Manager
DWQ Project # 2012 0512
July 9 2012
Page 3 of 4
6 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 permrtee /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
Continuing_ Compliance
7 The Town of Emerald Isle and the Town of Pine Knoll Shores 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 2H 0507 (d) Before modifying the Certification the Division shall
notify the Town of Emerald Isle and the Town of Pine Knoll Shores 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 the Town of Emerald Isle and the Town of Pine Knoll Shores 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
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/Wetlands Unit North Carolina Division of Water Quality 1650
Mail Service Center Raleigh NC 27699 1650
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
If you wish to contest any conditions in the enclosed certification (associated with the approved wetland
or waters impacts) you must file a petition for an administrative hearing You may obtain the petition
form from the office of Administrative hearings You must file the petition with the office of
Administrative Hearings within thirty (30) days of receipt of this notice A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours The Office of
Administrative Hearings accepts filings

Town of Emerald Isle
Attn Frank Rush Town Manager
Town of Pine Knoll Shores
Attn Brian Kramer Town Manager
DWQ Project # 2012 0512
July 9 2012
Page 4 of 4
Monday through Friday between the hours of 8 00 am and 5 00 pm except for official state holidays
The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Facsimile [phone]
A copy of the petition must also be served on DENR as follows
Mr William Carey General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
This certification and its conditions are final and binding unless you ask for a hearing
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act If you have any questions please telephone Ian McMillan in the Central Office in Raleigh at
919 807 6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910 796 7306
Su? erely
�} Chases Wakild P E Director
f , Division of Water Quality
Attachments
Enclosures GC 3900
Certificate of Completion
cc Greg Rudi Randolph — Carteret County
David Timpy USACE Wilmington Regulatory Field Office
Ian McMillan DWQ 401 Unit
Doug Huggett DCM Morehead City
Barry Guthrie DCM Morehead City
WIRO

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