20231056 Ver 1_Approval Letter_20240103

DocuSign Envelope ID: 70AC8F79-C82F-4BOC-AE54-1 ECF8275553D
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
January 3, 2024
DWR # 20231056
Carteret County
Duke University Marine Lab
Attn: Stephanie Valdez
135 Duke Marine Lab Rd.
Beaufort, NC 28516
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
DRAGNet —The Disturbance and Resources Across Global Grasslands
Experimental Network
Rachel Carson Reserve — Back Sound — SA;HQW
USACE Action ID. No. SAW 2023-01592
Dear Ms. Valdez:
Attached hereto is a copy of Certification No. WQC006451 issued to Stephanie Valdez and Duke
University Marine Lab, dated January 3, 2024. 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
rt North Carolina Department of Environmental Quality I Division of Water Resources
D �J) 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NOR1H CARouNa �/ 910.796.7215

DocuSign Envelope ID: 70AC8F79-C82F-4BOC-AE54-1 ECF8275553D
DRAGNet
DWR #20231056
Individual Certification #WQC006451
Page 2 of 9
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.
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 Michael Meilinger at 910-796-7215 or [e-mail] if you have
any questions or concerns.
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaaD_NA 910.796.7215

DocuSign Envelope ID: 70AC8F79-C82F-4BOC-AE54-1 ECF8275553D
DRAGNet
DWR #20231056
Individual Certification #WQC006451
Page 3 of 9
Sincerely,
gDo�cuSigned by:
II�ovY((a 5awAt', 6"
E3ABA14AC7DC434...
Morella Sanchez -King
Regional operations Supervisor
Division of Water Resources, NCDEQ
Electronic cc: Greg Bodnar, NCDCM, Morehead City Field Office
Sarah Hair, USACE Wilmington Regulatory Field Office
Maria Dunn, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20231056 DRAG Net IWQC CarteretCo. Jan.24.docx
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
Noa1HCAaD_NA 910.796.7215

DocuSign Envelope ID: 70AC8F79-C82F-4BOC-AE54-1 ECF8275553D
DRAGNet
DWR #20231056
Individual Certification #WQC006451
Page 4 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006451 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 Stephanie Valdez and Duke University Marine Lab, who have
authorization for the impacts listed below, as described within your application received by the N.C.
Division of Water Resources (Division) on August 1, 2023 and subsequent information on August 12,
2023, November 15, 2023, and by Public Notice issued by the Division of Coastal Management on
November 29, 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. The proposed project is for a 55.7' x 95.1' (5390 sq. ft.)
area of coastal wetlands to be subdivided into 15 plots (156.25 sq. ft. each) to be delineated with PVC
pipes. 6 of the 15 plots will have 0.5' depth of soil disturbance and biomass removal using a rototiller
representing a major disturbance to the area and creates a blank space for re -colonization to occur,
for a total (1650 sq. ft.) disturbance limited to the first 3 years of the 10-year experiment. 9 of the 15
plots will have NPK fertilizer added annually for (2422 sq. ft.) of land subject to nutrient addition for
the first 5 years of the experiment. Nutrients will be added at the beginning of the growing season
between April and May by "scratching" into the sediment or mixing it into the first several cm of
sediment to ensure it is not washed away. Water samples of 0.5 liter will be collected quarterly at
four locations around the experiment site as identified in the additional information received on
November 15, 2023. During the years of nutrient addition water samples will be tested for TKN, Total
Phosphorus, pH, dissolved oxygen, and Chlorophyll A. If water sample levels exceed water quality
standards for SA;HQW, nutrient addition will be stopped, and water quality monitoring continued
until levels return to water quality standards. Initial water and soil samples will be taken as a baseline
before the onset of the experimental manipulation and all water and soil samples will be shared with
DWR. If areas of the experiment remain unvegetated at the end of the project S. alterniflora will be
planted using clumped planting method. No other impacts are approved, including incidental impacts.
[15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Amount Approved
Plan location or
Permanent
Temporary
reference
Coastal Wetlands
0.038 acres
N/A
CAMA application,
below NHW, wetland
additional information
disturbance and
received November 15,
biomass removal
2023
This approval requires you to follow the conditions listed in the certification below.
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NOR H CAROL NA " 910.796.7215

DocuSign Envelope ID: 70AC8F79-C82F-4BOC-AE54-1 ECF8275553D
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
DRAGNet
DWR #20231056
Individual Certification #WQC006451
Page 5 of 9
The Permittee shall adhere specifically to 15A NCAC 02B .0221 Tidal Salt Water Quality Standards
for Class SA Waters.
(3) Chlorophyll a (corrected): not greater than 40 ug/I in sounds, estuaries, and other waters
subject to growths of macroscopic or microscopic vegetation. The Commission or its designee may
prohibit or limit any discharge of waste into surface waters if the Director determines that the
surface waters experience or the discharge would result in growths of microscopic or macroscopic
vegetation such that the standards established pursuant to this Rule would be violated or the
intended best usage of the waters would be impaired;
(5) Dissolved oxygen: not less than 5.0 mg/I, except that swamp waters, poorly flushed tidally
influenced streams or embayment's, or estuarine bottom waters may have lower values if caused
by natural conditions;
(12) 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;
(16) Salinity: changes in salinity due to hydrological modifications shall not result in removal of the
functions of a PNA. Projects that are determined by the Director to result in modifications of
salinity such that functions of a PNA are impaired shall employ water management practices to
mitigate salinity impacts;
(19) 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 02B .0220
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.
2. The permittee shall notify the Division in writing prior to the beginning of the work authorized
under this certification. A pre -construction meeting must be held with the Division prior to the
start of the project so that the contractors and/or agents fully understand the conditions
associated with this certification.
Citation: 15ANCAC 02H .0507 (c), 15A NCAC 02H .0502 (e), and 15A NCAC 02H .0506 (b) (3)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), 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.
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaaD_NA 910.796.7215

DocuSign Envelope ID: 70AC8F79-C82F-4BOC-AE54-1 ECF8275553D
DRAGNet
DWR #20231056
Individual Certification #WQC006451
Page 6 of 9
The permittee shall provide monitoring reports to the DWR by December 31 of each monitoring
year, for the first 5 years of the 10-year experiment. Water samples of 0.5 liter will be collected
quarterly at four locations around the experiment site during the years of nutrient addition as
identified in the additional information received on November 15, 2023.
Citation: 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), 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.
4. The permittee shall undertake compliance monitoring for five (5) full years from the date of
implementation.
Citation: 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), 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.
5. The permittee shall submit an "As -built" survey to the DWR within 30 days after implementation
identifying which plots were disturbed and received nutrients.
Citation: 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), 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.
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.
Citation: 15A NCAC 02H .0502 (a) and 15A NCAC 02H .0506 (b)(1)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaao_wa 910.796.7215

DocuSign Envelope ID: 70AC8F79-C82F-4BOC-AE54-1 ECF8275553D
DRAGNet
DWR #20231056
Individual Certification #WQC006451
Page 7 of 9
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), 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 report to the DWR Wilmington Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 0213.0200], 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.
No waste, wetland disturbance, 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..
Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. 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.
10. 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.
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaaD_NA 910.796.7215

DocuSign Envelope ID: 70AC8F79-C82F-4BOC-AE54-1 ECF8275553D DRAGNet
DWR #20231056
Individual Certification #WQC006451
Page 8 of 9
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.
11. Heavy equipment working in wetlands shall be placed on mats or other measures shall betaken 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.
12. 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.
13. 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)
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaaD_NA 910.796.7215

DocuSign Envelope ID: 70AC8F79-C82F-4BOC-AE54-1 ECF8275553D
DRAGNet
DWR #20231056
Individual Certification #WQC006451
Page 9 of 9
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.
14. 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 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 3rd day of January 2024
gDo�cuSigned by:
II�ovY((a 5awAt', 64
E3ABA14AC7DC434...
Morella Sanchez -King
Regional operations Supervisor
Division of Water Resources, NCDEQ
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
Noa1HCAao_wA 910.796.7215