20230780 IP approval letter

DocuSign Envelope ID: C9CDF4EF-0950-4A65-BDE3-788208894A68
ROY COOPER
Governor
ELIZABETH S. BISERSecretary
J
RICHARD E. ROGERS, JR.
NORTH CAROLINA
Director
Environmental Quality
August 28, 2023
Mr. John Policarpo
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the proposed restoration of Sandbag Bird Island in Back Sound in
Carteret County.
NCDWR Project No. 20230780
Dear Mr. Policarpo:
Attached hereto is a copy of Certification No. WQC006128 issued to The U.S. Army Corps of Engineers (USAGE)
dated August 28, 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 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.
If we can be of further assistance, do not hesitate to contact us.
cc:
Sl P-VINSigned by:
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4F4D02F21 EA846E...
Richard E. Rogers, Jr., Director
Division of Water Resources
Daniel Govoni, NC Division of Coastal Management
Jeff West, National Park Service, Jeff West(&nps.gov
Maria Dunn, NC Wildlife Resources Commission
Holley Snider, NC Division of Water Resources, Wilmington Regional Office
Garcy Ward, NC Division of Water Resources, Washington Regional Office
File Copy
E
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: C9CDF4EF-0950-4A65-BDE3-788208894A68
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the U.S. Army Corps of Engineers (USAGE) to impact 23
acres of open water in Carteret County. The project shall be constructed pursuant to the application dated received
June 27, 2023. The authorized impacts are as described below:
Open Water Impacts in the White Oak River Basin
Site Fill in Open Waters (ac)
Sandbag Island 23
The application provides adequate assurance that the discharge of fill material into the waters of Back Sound in
conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable
portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received June 27,
2023. Should your project change, you are required to notify the NCDWR and submit a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby
responsible for complying with all the conditions. If any additional wetland impacts, or stream impacts, for this
project (now or in the future) exceed one tenth of one acre or 300 linear feet, respectively, additional compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (c). For this approval to remain valid, you are
required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or
local permits before proceeding with your project including (but not limited to) Sediment and Erosion control,
Coastal Stormwater, Non -discharge and Water Supply watershed regulations. This Certification shall expire on the
same day as the expiration date of the corresponding Corps of Engineers Permit.
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 regardless of the quantity of the withdrawal or the
date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the
Division may inspect the property.
Condition(s) of Certification:
1. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal)
having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil
erosion and sedimentation control requirements, etc.
2. All sand used for the bird island restoration shall be compatible with the native material and free of
contaminants. Any excess material not needed for the bird island restoration shall be properly disposed of into
an approved upland spoil site. This work shall be done in accordance with your application dated June 27, 2023
[15A NCAC 02H .0506(b)(1)(2)(3)]
3. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird
nesting), then biological monitoring may be required at the request of other state or federal agencies and
coordinated with these activities. [15A NCAC 02H .0507(c); 15A NCAC 04B .0125]
D QNorth 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
NQRTI� 0MOUNA
o,P. mnorammmem�i0 Ity 919.707.9000

DocuSign Envelope ID: C9CDF4EF-0950-4A65-BDE3-788208894A68
4. All moratoriums on dredging, island restoration and associated activities established by the NC Wildlife
Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition
require written approval by the resource agency responsible for the given moratorium. A copy of the approval
from the resource agency shall be forwarded to DWR. [ 15A NCAC 02H .0507(c); 15A NCAC 04B .0125]
5. Adherence to The Guidelines for Avoiding Impacts to the West Indian Manatee: Precautionary Measures for
Construction Activities in North Carolina Waters will be required throughout construction.
6. The waters of Back Sound are classified as SA;ORW. The appropriate turbidity water quality standard of 25
NTU shall not be exceeded or be above natural background conditions as stipulated in 15A NCAC
02B.0220(19) beyond an appropriate mixing zone if one is established for a project by DWR. Methods of
control may include silt curtains, reducing dredge intensity, or other practicable methods to ensure minimization
of turbidity during project construction. [ 15A NCAC 02B .0200]
7. Impacts to Submerged Aquatic Vegetation (SAV) are not authorized under this Certification. Fill activities
shall be conducted in a manner that does not result in a reduction of the beds of SAV. [I 5A NCAC
2B .0225(c)(2)]
8. The terminal end of the pipeline from the dredge shall be positioned at the highest point possible on the dredge
disposable site to allow maximum distance for settling of suspended solids. [15A NCAC 02H .0506(b)(1)(2)(3)]
9. The flow of discharge shall be directed away from any emergent vegetation along the shoreline unless it can be
clearly shown by the applicant that a different design will not result in less environmental impact. [15A NCAC
02H .0506 (b)(1)(2)(3)]
10. In accordance with recommendations from the North Carolina Wildlife Resources Commission dated June 30,
2023, the geotubes shall be constructed of biodegradable burlap material in lieu of synthetic material which has
the potential to negatively affect wildlife. [15A NCAC 02H .0506 (b)(1) and (2)]
11. No rock, sand or other materials shall be dredged from the channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
12. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow
sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact
from construction activities.[15A NCAC 02H.0506(b)(3) and (c)]
13. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. or
protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [I 5A NCAC
02H.0506(b)(2)(3)]
15. The permittee and its authorized agents shall conduct its 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 NCDWR determines that such
standards or laws 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 NCDWR may
reevaluate and modify this certification. [15A NCAC 02H .0506(b) and (c)]
16. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [I 5A NCAC 02B.0506(b)(2)]
17. A copy of this Water Quality Certification and all subsequent modifications, if any, shall be maintained on the
construction site at all times. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2),(c)(2)]
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
o Md..dor919.707.9000

DocuSign Envelope ID: C9CDF4EF-0950-4A65-BDE3-788208894A68
This Certification shall become null and void unless the above conditions are made conditions of the Federal 404
and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or
CAMA permit. 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. Violations of any condition herein set forth may
result in revocation of this Certification and may result in criminal and/or civil penalties. 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 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 21-1.0500 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).
This the 28th day of August, 2023
DIVISION OF WATER RESOURCES
DocuSigned by:
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4F4DD21`21 EA846E...
Richard E. Rogers, Jr., Director
WQC No. 006128
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�� 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
oaa.nmc�i or enriunmemai u�.uq 919.707.9000