20120288 Ver 1_Approval Letter_20140924

It '
North Carolina Department of Environment and Natural Resources
September 24, 2014
Village of Bald Head Island
Attn: Mr. Calvin Peck
P 0 Box 3009
Bald Head Island, NC 28461 -7000
Jahr� E, Skvarla, III
Secretary
DWR # 12 -0288
Brunswick County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Village of Bald Head Terminal Groin
USACE Action ID. No. SAW -2012 -00040
Dear Mr. Peck:
Attached hereto is a copy of Certification No. 4002 issued to Mr. Calvin Peck and Village of Bald
Head Island, dated September 24, 2014. Please note that you should get any other federal,
state or local permits before proceeding with the subject project, including those required by
(but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply
Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at Ott rr��n✓vv.r�c a b..com or by calling the
OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
401 & BufEer Pern ifting Unit
1617 Mail Service Canter, Ra6elgh, North Carolina 27599-1617
Locabon, 512 N, Salisbury St, Ra9eigh, North Carolina 27604
Phone. [phone] FAX: [phone] Customer Service. 1- 877 - 623 -6748
nternet: www.nrwaterguallty org

Village of Bald Head island
DVVR#l2-02O8
individual Certification #4OO2
Page 2 of 7
Mailing address for the OAH:
If sending via L8 Postal Service: If sending via delivery service (UPS'FedEx,etc):
Office of Administrative Hearings Office of Administrative Hearings
S7l4 Mail Service Center l71l New Hope Church Road
Raleigh, N[27699-6724 Raleigh, N[276O9-G3Q5
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department nf Environment and Natural Resources
lG01 Mail Service Center
Raleigh, NC27G99-16Ol
Unless such a petition ia filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and l5ANCACO2H.OSO0. Please contact Chad Coburn at9IO-78O-7379or
or Jennifer Burdete at919-807-G3G4or
if you have any questions Drconcerns.
Sincerely,
cc: Eric J. Olsen, Olsen Associates, Inc., 2618 Herschel Street Jacksonville, FL 33204
Jonathan Howell, NCDENR-D[K4,4OO Commerce Ave, Morehead City, N[28557
USACE Wilmington Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DVVRVViR[>4O1file
DVVR 401 O' Buffer Permitting Unit file
Fikmame:l2OZ88VUa8eof Bald HeadTermina|Gnoin(Brunomick)4U1—I[docx

Village of Bald Head Island
DWR# 12-0288
Individual Certification #4OOZ
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4002 is issued in conformity with the requirements of Section 401, Public Laws
92-5OO and g5-2I7Of the United States and subject to North Carolina's Regulations in15NCAC
OZH.O5O[itO Mr. Calvin Peck and Village Vf Bald Head Island, who have authorization for the
impacts listed below, G5 described within your application received by the N.C. Division OfWater
Resources /DivisiOO\On August 4, 2014, and by Public Notice issued by the U.S. Army Corps of
Engineers and received by the Division On August 1,2O14.
The State of North Carolina certifies that this activity will not violate the applicable portions Of
Sections 3O1,3O2,303,]06,3O7of the Public Laws 9Z-5O0 and PL95-217if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed inthe certification below.
Conditions of Certification:
Impacts Approved
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts.
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Open Waters
35.2 (acres)
0 (acres)
Open Waters (fill)
1.72 (acres) terminal groin
0.98 (acres) trestle
25.3 (acres) sand fillet
construction
2. The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in15ANCA[028.0ZOO. Appropriate sediment and erosion control practices
must be used to meet this standard.
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 Pre-Construction Notification for this
project. 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.
Approved plans and specifications for this project 8r8inCOrporated by reference and are
enforceable parts of this permit.

Village of Bald Head Island
DWR# 12 -0288
Individual Certification #4002
Page 4 of 7
4. Sediment and Erosion Control
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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. 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.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
e. For PNA, SA, WS -I, WI -II, HQW, ORW waters. The sediment and erosion control
designs must comply with the requirements set forth in 15A NCAC 0413 .0124 Design
Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project.
7. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self- monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
htt : or°tal.ncdenr.org/web r sLsu n dessvv #tab -w.

Village of Bald Head Island
DWR# 12-0288
Individual Certification #40O2
Page 5 of 7
8. Work in the Dry
All work in or adjacent to stream waters shall be conducted So that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, nr the NCDOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall bS used tUminimize excavation in flowing water.
9. |f concrete iSused during the 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
due to the potential for elevated pH and possible aquatic life/fish kills.
IO. All temporary fill and culverts shall be removed and the impacted area returned tonatural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion.
11. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium.
12. Any hpn@p required for proper culvert placement, Stn28nm stabilization, or restoration Of
temporarily disturbed areas shall be restricted tO the area directly impacted by the approved
construction activity. All ripr8p shall be buried and/or "keyed in" such that the original
stream elevation and 5tr8annbank contours are restored and maintained. Placement ofriprap
or other approved materials shall not result in cle-stabilization of the stream bed or banks
upstream or downstream of the area.
13. Any hpr8pused for stream stabilization shall beofasize and density to prevent it from being
carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris Or toxic pollutants. Riprap shall not be installed in the 3treannbed
except in specific areas required for velocity control and to ensure integrity of bank
stabilization measures.
14. A one-time application of fertilizer to re-establish vegetation i6 a|k]vxed in disturbed an2JS
including riparian buffers, but is restricted tono closer than lO feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.

Village of Bald Head Island
DVVR#1Z~D288
Individual Certification #40O2
Page 6of7
15. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
16. Continuing Compliance
Mr. Calvin Peck and Village of Bald Head Island 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 and Federal law. |f the Division determines that such standards orlaws
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. Before modifying the Certification,
the Division shall notify Mr. Calvin Peck and Village of Bald Head island and the U.S. Army
Corps of Engineers, provide public notice in accordance with 15AN[ACO2H.O5D3and
provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or
revised conditions shall be provided to Mr. Calvin Peck and Village of Bald Head Island in
writing, shall be provided to the U.S. 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 4O4 Permit for the project.
I7. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project areincnrpora1edbyreference
and are an enforceable part of the Certification. |f you change your project, younnustnotif»
the Division and you may be required to submit a new application package with the
appropriate fee. |f the property is sold, the new owner must be given a copy ofthis
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name.
18. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DVVR4Ol 8i Buffer Permitting Unit within ten days ofproject completion
19. This certification grants permission tothe director, an authorized representative ofthe
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
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 ofthe expiration date of this Certification.

Village of Bald Head island
DWR# 12 -0288
Individual Certification #4002
Page 7 of 7
Non - compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and /or civil penalties.
KAH /jab
4002