20081764 Ver 6_Approval Letter_20211122

November 22, 2021

DWR # 20081764v6
Onslow County

Town of North Topsail Beach
c/o William Younginer, Interim Town Manager
2008 Loggerhead Court
North Topsail Beach, NC 28480

Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Oceanfront Beach from the Western Town boundary eastward to 3682 Island Drive,
North Topsail Beach

Dear Mr. Younginer:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) October 6, 2021. The application proposes to
place beach compatible upland mined sand along the upper, intertidal and lower beachfront from the
western Town boundary eastward to 3682 Island Drive in North Topsail Beach, Onslow County. The
proposed project is located along the beachfront and the Atlantic Ocean which are class SB waters by
the DWR. These impacts are covered by the attached Water Quality General Certification Number 4175
and the conditions listed below. This certification is associated with the use of General Permit No.
198000291 once it is issued to you by the U.S. Army Corps of Engineers.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]

Type of Impact

Amount Approved (units)
Permanent
Plan Location or
Reference

404/401 Wetlands N/A N/A
Open Water/Shallow
Bottom/Intertidal Beach
70.1 acres filled Project narrative,
sheets 1 thru 9
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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 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)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Wilmington 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 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.
Additional Conditions [15A NCAC 02H .0507(c)]:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee.

Citation: 15A NCAC 02H .0501 and .0502

Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed activity
will comply with state water quality standards (including designated uses, numeric criteria,
narrative criteria and the state’s antidegradation policy), the Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards or would result in secondary or cumulative impacts.

2. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC
02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
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adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.

3. In accordance with 143-215.85(b), the applicant 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.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)

Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.

4. 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 required at the request of
other state and federal agencies and coordinated with these dredging activities.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.

5. Turbidity Standard
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The Permittee shall adhere specially to 15A NCAC 02B .0222 Tidal Salt Water Quality Standards
for Class SB 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 .0222]
Citation: 15A NCAC 02B .0211; 15A NCAC 02H .0506(b)(1); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule [including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
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

This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Holley Snider at 910-796-7303, [e-mail] if you have any
questions or concerns.

Sincerely,

Morella Sanchez-King
Regional Supervisor
DWR Wilmington Regional Office

Enclosures: GC 4175
DocuSign Envelope ID: FB277258-FCE5-4DC0-A32D-6E156849A68F
Town of North Topsail Beach
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cc: Fran Way (via email)
Gregg Bodnar, Asst. Major Permit Coordinator
Sarah Hair, USACE Wilmington Regulatory Field Office (via email)
Maria Dunn, NCWRC (via email)
DWR 401 & Buffer Permitting Unit

DocuSign Envelope ID: FB277258-FCE5-4DC0-A32D-6E156849A68F