20020158 Ver 4_Approval Letter_20211209 (2)

DocuSign Envelope ID: 3AB98D3F-C907-4A7A-AE76-C77565971 C37
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 9, 2021
DWR #2002-0158v4
Brunswick County
Town of Sunset Beach
Attn: Lisa J. Anglin
700 Sunset Blvd. N.
Sunset Beach, NC 28468
( Delivered via email to [e-mail] )
Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS — MODIFICATION
Town of Sunset Beach Navigation Project; Maintenance
Dredging of South Jinks Creek, the Bay Area and the Feeder
Channel — Modification for Secondary Bay Area Access Channel
Dear Ms. Anglin:
Attached hereto is a copy of No. WQC004284 issued to Ms. Lisa Anglin and the Town of Sunset
Beach, dated August 17, 2021 received by The Division of Water Resources (DWR) on October 13,
2021. This Certification replaces the Certification issued on February 24, 2021. The modification
is being issued to expand the previously authorized dredge footprint. 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 this Water Quality 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. [15A NCAC 02H .0507(d)(2)].
This Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those
required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply
Watershed, and Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or
privilege in any waters, or any right of use in any waters. This Water Quality Certification does
not authorize any person to interfere with the riparian rights, littoral rights, or water use rights
NORTH
oeperanent of Environmental Ouaiity
North Carolina Department of Environmental Quality Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

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of any other person and does not create any prescriptive right or any right of priority regarding
any usage of water. This Water Quality Certification shall not be interposed as a defense in any
action respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Water Quality Certification to possess any
prescriptive or other right of priority with respect to any other consumptive user regardless of
the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the
corresponding Individual Section 404 Permit. The conditions shall remain in effect for the life of
the project, regardless of the expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Water Quality Certification for the project and may also result in criminal and/or civil
penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you
must notify the Asheville Regional Office within 24 hours (or the next business day if a weekend
or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours
(or the next business day if a weekend or holiday) from the time the permittee became aware
of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office
of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a
Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the
North Carolina Administrative Code. Additional information regarding requirements for filing a
Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of
Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

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This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Holley Snider at 910-796-7303, [e-mail] if
you have any questions or concerns.
Sincerely,
DocuSSignn�e/d by:
Pev WO/Oda
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc:
Dawn York, Moffatt & Nichol (via email)
Greg Currey, USACE Wilmington Regulatory Field Office (via email)
Cameron Luck, NCDCM Morehead City Office (via email)
Tara MacPherson, NCDCM Wilmington Office (via email)
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch file (Laserfiche)

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Town of Sunset Beach Navigation Project
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NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004284 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 15 NCAC 02H .0500 and 15A NCAC 028 .0200, to Ms. Lisa Anglin and the Town of Sunset
Beach, who have authorization for the impacts listed below, as described within your Coastal
Area Management Act (CAMA) application received by the N.C. Division of Water Resources
(Division) on October 13, 2021; Public Notice issued by the US Army Corps of Engineers and
received by the Division on October 19, 2020, and sequential information received on
December 17, 2020, January 26, 2021 and October 13, 2021.
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 [15A NCAC 02H .0506(b)]:
1. Impacts Approved. The following impacts, as detailed in your December 17, 2020 CAMA
Major Application to the NC Division of Coastal Management, are hereby approved
provided that 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 02H .0506 (b) and/or (c)]:
Type of Impact
Amount Approved
(Units) Permanent
Amount Approved
(Units) Temporary
Plan Location or
Reference
Open Water /
Shallow
Bottom
Impacts
Dredge
2.6 acres (111,000
SF Dredged) Bay
Area Primary &
Secondary Channels
0.05 acres (2,400 SF
Fill) for offload ramp
sites (Seaside Road
and Cobia Street)
Sheets 1 through 6
Dated August 17, 2021
and Project Narrative
2. Moratoriums
The Permittee shall comply with any moratoriums per the NC Division of Marine Fisheries
and the NC Wildlife Resources Commission. 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. shorebird, or sea turtle nesting), biological monitoring may be

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required at the request of other state and federal agencies and coordinated with these
dredging activities.
3. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality
Standards for Class SC Waters.(12) pH: shall be normal for waters in the area, which
generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low
as 4.3 if it is the result of natural conditions; (19) Turbidity: the turbidity in the receiving
water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background
conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0220]
The Permittee shall conduct the following dredging effluent monitoring:
Samples shall be collected at daily time intervals of one hour after system start-up, midway
of the dredge process (6 hours) and one hour prior to system shutdown assuming a 12 hour
day. The sampling shall be done following the longshore current just beyond the nearshore
placement at 1000' and 2000' intervals beyond the discharge point. If the turbidity is above
25 NTU at the 2000' point, a third sample should be taken at the point where the turbidity is
25 NTU and that distance noted in the record.
The Permittee shall maintain a record of the daily equipment calibration and sample results
at the required sampling intervals.
4. Please understand that the waters around your project area have been identified by the
Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging
within the proposed project area arise in the future, please be aware that new dredging
within a PNA is not permitted under 15A NCAC 02B .0221 as it results in degradation of
water quality standards and therefore is considered a water quality violation.
5. Eastern Channel Area is classified as SA;HQW by the Division of Water Resources (DWR) and
has been determined to be a Primary Nursery Area (PNA) by the Division of Marine Fisheries
(DMF). Please understand that the waters around your project area have been identified as
a PNA, and should requests for dredging within the proposed project area arise in the
future, they will be denied. Please be aware that new dredging within a PNA is not
permitted under 15A NCAC 02B .0220. This activity results in degradation of water quality
standards and is therefore considered a water quality violation. Any turbidity standard
violations of waters going into these creeks are also considered Water Quality Violations.
6. The effluent water from the dredge spoil shall not be released into open shellfish waters
unless Shellfish Sanitation and the DWR Wilmington (910-796-7215) Regional Office is
notified and provide approval prior to the release.
7. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not

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limited to sediment impacts to streams or wetlands. Information shall be provided orally
within 24 hours (or the next business day if a weekend or holiday) from the time the
permittee became aware of the non-compliance circumstances.
8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the approved impacts (including temporary impacts).
9. 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.
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 North Caroline Department of Transportation 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.
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.
10. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the
maximum extent practicable, contamination of surface waters by fuels and oils.
11. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
12. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance

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with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law.
13. The permittee shall require its contractors and/or agents to comply with the terms and
conditions 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 with a copy of this General Certification. A copy of this General
Certification shall be available at the project site during the construction and maintenance
of this project.
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. 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(c)]
This, the 9th day of December 2021
,-DocuSigned by:
Past , 020
�949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
PAW/has