20180260 Ver 3_Approval Letter_20220624

Strickland, Bev
From: Perry, John M
Sent: Friday, June 24, 2022 10:37 AM
To: Pat Donovan -Brandenburg
Cc: Bodnar, Gregg; Liz Hair; Bowers, Todd
Subject: New River Oyster Highway Expansion
Attachments: 20180260v3_NR Oyster HWY_IC_Onslow_Jun22signed.pdf
Good morning,
Please see the attached Individual 401 Water Quality Certification for the New River Oyster Highway Expansion.
Please let me know if you have any questions.
John Perry
Environmental Specialist II
Division of Water Resources
Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Office: [phone]
Cell: [phone]
1

DocuSign Envelope ID: 192EE7A1-6694-45B0-B09A-6F5592B46425
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 24, 2022
DWR # 201802600
Onslow County
City of Jacksonville
Attn: Pat Donovan -Brandenburg
P.O. Box 128
Jacksonville, NC 28540
Subject: Approval of Individual 401 Water Quality Certification
New River Oyster Highway Expansion, Onslow County
USACE Action ID. No. SAW-2017-02514
Dear Ms. Donovan -Brandenburg:
Attached hereto is a copy of Certification No. WQC004972 issued to the City of Jacksonville and Pat
Donovan -Brandenburg, dated June 24, 2022. 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 Water Quality 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
lands or 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 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.
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
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.
� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
oaa..m.mof�runn,aM,lOual\ /� 919.707.9000

DocuSign Envelope ID: 192EE7A1-6694-45B0-B09A-6F5592B46425
City of Jacksonville
DWR# 201802600
Individual Certification #WQC004972
Page 2 of 7
If you are unable to comply with any of the conditions of this Water Quality Certification 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 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].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact John Perry at 910-796-7341 or [e-mail] if you have any questions
or concerns.
Sincerely,
ZoocuSi�ned by:_ �natrl�On,
'TM4fffr'tton
Assistant Regional Operations Supervisor
Electronic cc: Gregg Bodner, DCM Morehead City Office
Liz Hairr, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 201802600_New River Oyster Hwy _IWQC_OnslowCo.Jun22.docx
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406
NORTH CAROL
OapbtnmflbfEA,nn«,ar.l0ual� /� 910.796.7215

DocuSign Envelope ID: 192EE7A1-6694-45B0-B09A-6F5592B46425
City of Jacksonville
DWR# 201802600
Individual Certification #WQC004972
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004972 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 02B .0200, to City of Jacksonville and Pat Donovan -Brandenburg, who have authorization
for the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on April 26, 2022, and by Public Notice issued by the Division of Coastal Management
on April 17, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
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.
The following 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
Open Waters
Approximately 4.67 ac of reef building
See Project Narrative, maps
(Shallow Bottom)
material (oyster castle units and oyster
1-17 and photos/plats 1-11
catcher patties) will be hand placed at 9
existing sites to increase each site by 0.5 ac.
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Moratoriums
You will 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.
anadromous species and shorebirds), 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); 15A NCAC 048.0125
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. 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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA
!!!/// 127 Cardinal Drive Ext. Wilmington, North Carolina 28#05-5406
DipwU torEI.ImnmewlnWl� / S 910.796.7215

DocuSign Envelope ID: 192EE7A1-6694-45B0-B09A-6F5592B46425
City of Jacksonville
DWR# 201802600
Individual Certification #WQC004972
Page 4 of 7
The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA
Waters (3)(g) 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; (1) 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.
Citation: 15A NCAC 028.0221
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.
3. 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
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.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
4. 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).
Citation: 15A NCAC 02H .0506; 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, 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.
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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA
!!!/// 127 Cardinal Drive Ext. Wilmington, North Carolina 28#05-5406
DipwU torEI.ImnmewlnWl� / S 910.796.7215

DocuSign Envelope ID: 192EE7A1-6694-45B0-B09A-6F5592B46425
City of Jacksonville
DWR# 201802600
Individual Certification #WQC004972
Page 5 of 7
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.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-Il, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 0413.0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .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
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. 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.
6. If concrete is used during 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.
Citation: 15A 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
adversely affect the palatability offish, 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)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA
!!!/// 127 Cardinal Drive Ext. Wilmington, North Carolina 28#05-5406
BipwU torEI.ImnmewlnWl� / S 910.796.7215

DocuSign Envelope ID: 192EE7A1-6694-45B0-B09A-6F5592B46425
City of Jacksonville
DWR# 201802600
Individual Certification #WQC004972
Page 6 of 7
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
7. 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 028.0200; 15A NCAC 028
.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
adversely affect the palatability offish, 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.
8. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
9. 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.
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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA
!!!/// 127 Cardinal Drive Ext. Wilmington, North Carolina 28#05-5406
BipwU torEI.ImnmewlnWl� / S 910.796.7215

DocuSign Envelope ID: 192EE7A1-6694-45B0-B09A-6F5592B46425
City of Jacksonville
DWR# 201802600
Individual Certification #WQC004972
Page 7 of 7
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.
10. 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 with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 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, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. 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.
11. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification 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 Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
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 24th day of June 2022
DocuSigned by:
I ONE �natrl On,
7F141E73B6F3456...
Tom Tharrington
Assistant Regional Operations Supervisor
TT/JP
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINP.
!!!/// 127 Cardinal Drive Ext. Wilmington, North Carolina 28#05-5406
BipwU nlorEI.ImnmewlnWl� / S 910.796.7215