19981292 Ver 2_Approval Letter_20150720

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North Carolina Department of Environment and Natural Resource
Pat McCrory Donald R. van der Vaart
Governor
Secretary
MEMORANDUM: May 19, 2015 RECEIVE®/MCDENR/DWR
TO: Joanne Steenhuis MAY 2 0 2015
401 Wetlands Water Quality Regional
DWR - WiRO Operations Section
Wilmington Regional Office
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 1112-09)
SUBJECT: CAMA I D&F Permit Application Review
Applicant: Town of Emerald Isle
Project Location: Bogue Inlet and the connecting channel to the AIWW
Proposed Project: to continue federal navigation maintenance dredging, with disposal areas along the
Emerald Isle oceanfront, in Carteret County.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by June 12, 2015. If you have any
questions regarding the proposed project, contact Tara MacPherson at [phone] when
appropriate, in depth comments with supporting data is requested.
The complete application submittal can be viewed at: ftP://www.ob2.com
User name:NCDNR52139 Password: Nc52dNrl39
REPLY: V This agency has no objection to the project as proposed. wrr
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE +iJ-7 �� t
�
N.C. Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der VaGrt
G0VeNOO[ Secretary
JwYy2[[ 2015
DVVRProject #19981292V2
Carteret County
Town of Emerald Isle
Approval of4D1 Water Quality Certification with Additional Conditions
Dear Mr. Rush:
You have our approval, in accordance with the attached conditions and those listed below to dredge Bogue
inlet and the connecting channel to the ANV\N Crossing Tangents H & G Section, I with the beneficial
placement of dredge material on approximately 6.1 miles of oceanfront beach in the Town of Emerald Isle
amdescribedinthe_DixiaimmofOoaste!&Namagementapp|ioationdVtedK»ay19,2DI5,andreceivedbythe
Wilmington Regional Office (WiRO) Division of Water Resources (Division) on May 20, 2015. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number 390O(GC 3900). This Certification allows you to use the Generai| Permit No.
198OOO291 permit when issued bv the US Army Corps ufEngineers and the CAPNA Major Permit when
issued 6x the Division nf Coastal Management. |n addition, you should obtain or otherwise comply with
any other required federal, state or, local permits before you go ahead with your project induding(butnot
limited to) Erosion and Sediment Control, Non-discharge, Water Supply Watershed, and otnrnnwater
regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters
ay depicted |n your application shall expire upon expiration ofthe 404 orCAM/&Permit.
This approval requires you to follow the conditions listed in the, attached certification and any additional
conditions listed on the following pages.
The Additional Conditions ofthe Certification are:
1. This approval is for the purpose and design described in your application. The plans and specifications for
this project aineincurponstedbxrefeuenmeaypartoftheCerhfcatimn. if you change your project, youmnuo
notify the Division and you may be required to submit a new application package with the appropriate fee.
|f the property ls sold, the new owner must be given a copy of this approval letter and General Certification
and in responsible for complying with all conditions. Any new owner must notify the Division and request
the Certification b8 issued i0 their name (15ANCACO2H.0SO1 and .O5U2).
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 91O-796-7215\ Internet: www.mcdenr.wnv
An Equa$ Oppoftun�ty \ Affirmative Action Emp�oyer — Made in part by reGycted paper

Town of Emerald Isle
Attn: Frank Rush, Jr., Town Manager
DWR Permit # 1998 1292 V2
July 20, 2015
Page 2 of 4
2. Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. The applicant will also be
required to evaluate all acquired permits to assure that they are consistent and all relative impacts are
accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H
.0506 (4)] The applicant shall require his contractors (and /or agents) to comply with all of the terms
of this Certification, and shall provide each of its contractors (and /or agents) a copy of this
Certification.
Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 213..0221. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains and berms shall be used as appropriate. Please
notify this Office if any turbidity issues arise at 910.796.7215
4. Work Moratoriums
The permitee shall adhere to all appropriate in water work moratoriums as prescribed by the NC
Wildlife Resources, NC Division of Marine Fisheries and the National Marine Fisheries Service. 15A
NCAC 02H.0506 (b)(2) and 15A NCAC 0213 .0221 (1)
5. This General Certification shall expire on the same day as the expiration date of the corresponding
General Permit. The conditions in effect on the date of issuance of the Certification for a specific
project shall remain in effect for the life of the project, regardless of the expiration of this
Certification.
6. The permitee shall require its contractors and /or agents to comply with the terms 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 a copy of this certification.
A copy of this certification including all conditions shall be available at the project site during the
construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506
(b)(2) and (c)(2)]
7. Continuing Compliance:
The applicant / permitee 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. If the Division determines that such standards or laws are not being met,
including 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, than the Division may
reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)]

Town of Emera:WIsle
Attn: Frank Rush, ],, Town Manager
mvvm Permit #199B1292VJ
July 2Q\7Vt5
Page 3mf4
8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic
fluids or other potential toxic chemicals. |n the event ofa hydrocarbon or chemical spill, the
permitee/cowtractor shall immediately contact the Division of Water Quality, between the hours of
8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends
call (800) 858'0368. Management nf such spills shall comply with provisions nf the North Carolina
Oil Pollution and Hazardous Substances Control Act. [15A NCACO2H .8506 (b)(3) and (c)(]), 15A
NCAC 02B.0200 (3)(f), and GS 143 Article 21A).
9. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of
wm1erbodvur wetlands to prevent contamination hv fuel and oils. [154NC4[0JH.05O6/bK3)and
k1/30 and 1SANCAC[QB.02O8(3)UG]^
10� This certification grants permission tV the director, anauthorized representative of the Director, nr
DENR staff, upon the presentation of proper credentials, to enter the property during normal
business hours 154WCACO2H.85O2(e).
11. Certificate nfCompletion
Upon completion of all work approved within the 4D1 Water Quality Certification orapplicable
Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required
to return a completed certificate of completion form to the NCDENR DWR 401 and Buffers Unit
North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 276g9within
ten days of project completion. The certification of completion |s available at:
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization tn proceed with your proposed impacts ortuconduct
impacts to waters as depicted in your application and as authorized by this Certification ahoW expire upon
expiration of the 404 or CAMA Permit.
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). A
petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's
Office at(919)431-3OOO for information.
Within sixty (6Q) calendar days of receipt of this notice, a petition must be filed with the OAH. Apetit|on 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 8:00 am and 5:00 pm, excluding
official state hoUdays).
The petition may he faxed to the OAHat(919)431-310O provided the original andnmecopynf the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.

Town of Emerald Isle
Attn: Frank Rush, Jr., Town Manager
DWR Permit # 1998 1292 V2
July 20, 2015
Page 4 of 4
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
17'11 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water
Act. If you have any questions, please contact Jennifer Burclette in the Central Office in Raleigh at
919.807.6364 or Jennifer.Burdette(@ncdenr.ggv Joanne Steenhuis in the DWR Wilmington Regional office
at 910.796.7306 or ioanne.Steenhuis(@ncdenr..Rov .
sincRrely,
Jim Gire ron, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosure: GC 3900
cc: Daniel Ramsay — O'Brian & Gere Engineers, Inc. —electronic copy
Tyler Crumbly - USACE Wilmington Regulatory Field Office — electronic copy
Tara MacPherson — DCM Wilmington
Jennifer Burdette — Wetlands and Buffer Unit
Doug Huggett - DCM Morehead City —electronic copy
WiRO