20230570 Ver 1_Approval Letter_20230607

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 7, 2023
DWR # 20230570
Pamlico County
NC Division of Marine Fisheries
Attn: Jordan Byrum
PO Box 769
Morehead, North Carolina 28557
Subject: Approval of Individual 401 Water Quality Certification
NCDMF ARTIFICIAL REEF AR 293
Dear Jordan Byrum:
Attached hereto is a copy of Certification No. WQC005970 issued to the Division of Marine Fisheries,
dated June 7, 2023. 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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
4NOR512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Dees H cnNouNo .' 919.707.9000
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ARTIFICIAL REEF AR 293
DWR# 2023-0570
Individual Certification #WQC005970
Page 2 of 7
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 Washington 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 Washington 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]. Please be aware
that impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A
NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever
construction or operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of
the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of
Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
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).
North Carolina Department of Environmental Quality I Division of Water Resources
Q�512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORn+CAROIwn 919.707.9000
oeaarcmene of e-ironmemai ouaI / —

ARTIFICIAL REEF AR 293
DWR# 2023-0570
Individual Certification #WQC005970
Page 3 of 7
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Robert Tankard at 252-948-3921 or [e-mail] if you have any
questions or concerns.
Sincerely,
Plow T""
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
Electronic cc: Josh Pellitier, [e-mail]
Curt Weychert, [e-mail]
Kent Vaughan, [e-mail]
Laserfiche
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
10v1 cn�oi wn 410 �919.707.9000
oenarteoc of rommomemai ouaN /—

ARTIFICIAL REEF AR 293
DWR# 2023-0570
Individual Certification #WQC005970
Page 4 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #5970 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 the Division of Marine Fisheries, 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 21, 2023.
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
Amount Approved (units)
Temporary
Stream
S1
0 (linear feet)
0 (linear feet)
404/401 Wetlands
W1 -
0 (acres)
0 (acres)
Open Waters
01 (reef material)
0.62(acres)
0 (acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The permittee shall report to the DWR Washington 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.
North Carolina Department of Environmental Quality I Division of Water Resources
4919512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Noyri cn�,oi wn
.707.9000
oenarteoc of rommomemai ouaN /—

ARTIFICIAL REEF AR 293
DWR# 2023-0570
Individual Certification #WQC005970
Page 5 of 7
2. 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.
3. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
4. 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)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
5. 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)
North Carolina Department of Environmental Quality I Division of Water Resources
Q�512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORn+CAROIwn 919.707.9000
oeaarcmene of e-ironmemai ouaI / —

ARTIFICIAL REEF AR 293
DWR# 2023-0570
Individual Certification #WQC005970
Page 6 of 7
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.
6. 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
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.
7. 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.
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.
North Carolina Department of Environmental Quality I Division of Water Resources
Q�512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORn+CAROIwn 919.707.9000
oeaarcmene of e-ironmemai ouaI / —

ARTIFICIAL REEF AR 293
DWR# 2023-0570
Individual Certification #WQC005970
Page 7 of 7
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 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 7" day of June 2023
Plow T""
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
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
10v1 cn�oi wn 410 �919.707.9000
oenano,eoc of Emi—o,00tol OUM /—

AR-293 Site Selection Area Map - Mouse Harbor
Fa i
Belhaven
Scranton
Wo o d s to c k
W ,i,n
SOV meadvl1le
Y 16"J
Rose Bay
Isorriville
H
Ta rkP Pn
Beulah
Neck
Swan Quarter
Wades Point
Swanquarter
Swap I quirtLi
National
Wildlife Refuge
li
AR-293 Proposed
f Lowland
Site Location
•
35- 17.725' N,
760 28.766'W
Figure Date: 1/1 =1/23
HobUcken
Mesic
Vandernere
parnUco
Sound
n 11, a
Florence
Whoirtonville
0 1,25 2,5 5 Miles
Onslow
B ay,
Figure 1. Area selected for site investigation, near Pamlico Point. The area is located
approximately 1.5 nm East of Mouse Harbor Ditch.
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/26 1101fl

Patent Tong Sample Locatioins
Figure 2. Map showing locations of sediment grabs. Sampling area shown by solid line box.
Proposed reef site is in dashed area.
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/26

zmma��� M SM
N
W + E
S
Figure Date: 1/11/23
a rn I P C 0
POn B
"I"AL I Ad"
q4e ID
Proposed Site Botindary (15 Acres)
0 Substrate Saiimple Grab Subs matr Type vvc'u d
125 250 600 Feet SM - sumily Nfud 0 0.2505 Ray I Wes
t I t I I I 1 1 M$ - Moddv Sad
Figure 3. Multibeam bathymetry map overlayed with sediment grab locations. Depths and
sediment type are indicated at each point. Proposed site boundary is indicated by the box.
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Figure 4. Sidescan imagery of investigated area, which shows no oyster reefs, seagrasses, or
other natural resources. Proposed site boundary is indicated by the box.
I h (­PW� I 4rpa I d
GW K�oj'A'69
/26 AMI

9 feet
navigational
clearance
3 feet vertical
profile
Figure Date: 1/11/23
Water Depth 12 feet
Figure 5. Profile view of deployed materials. Materials are approximately 3 feet tall, which
allows 9 feet of vertical clearance.
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1 "/26 101fl

1. r �w a - ` w1 « i
5 50 100 (Feet
750 Reef Units 3°x ' 3')
= Deployment Area
11 Deployment Area Corners
EM 15 Acre Reef Boundary With 50' Construction
Corner
Latitude
Longitude
NW
35' 17 756' N
76" 726 873'
NE
35" 17 755' N
76' 7.6.793'w
F
35' 17.77'5' N
76" 7'S,794' '
sw
35' 17.776' N 76' 726.874'
Figure Date: 3/10//23
9
t
r
250 500 1,000 Feet
Figure 6. Proposed deployment locations for each structure. Locations for 750 reef units, with
approximately 3 feet between each structure. The specific locations will be temporarily marked
by NCDMF while on site with the deployment contractor. Total developed area for deployment
of these materials is .24 acres.
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1 "/26 ltR'r"'I

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
DWR Project No:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
401 Water Quality Certification Issued Date:
County:
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 this certificate to the DWR
Central Office — Wetlands and Buffer Permitting Unit, NC DWR, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the
project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such
that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date:
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
4NOR512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Dees H cnNouNo .' 919.707.9000
oePemmem m env�ronmen�ai o�ar�