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Home My WebLink About20052016 Ver 4_Approval Letter_20240502DocuSign Envelope ID: 726DD3E0-BA57-46F2-9704-9A33BFD1 DC94 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality May 2, 2024 DWR # 20052016v3 Pender County Town of Surf City ATTN: Kyle M. Breuer P.O. Box 2475 Surf City, NC 28445 Subject: Approval of Individual 401 Water Quality Certification Surf City - Beach Bulldozing Dune Restoration & Beach Renourishment USACE Action ID. No. SAW-2006-00158 Dear Mr. Breuer: Attached hereto is a copy of Certification No. WQC006409 issued to Kyle Breuer and Town of Surf City, dated May 2, 2024. This certification replaces the certification issued on November 8, 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. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CARou Na 919.707.9000 DocuSign Envelope ID: 726DD3E0-BA57-46F2-9704-9A33BFD1 DC94 _)urr Uly tseach Bulldozing Dune Restoration & Beach Renourishment DWR# 20052016v3 Individual Certification #WQC006409 Page 2 of 6 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 (919) 431-3000. 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 Holley Snider at 910-796-7303 or holley.snider@deg.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: M61(t II& S&In,GU,c/LjAi" A2KE126A9394M... Morella Sanchez -King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WiRO Electronic cc: Sarah Hair, USACE Wilmington Regulatory Field Office Maria Dunn, NCWRC North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 NnH1ri CARD,"A 919.707.9000 DocuSign Envelope ID: 726DD3E0-BA57-46F2-9704-9A33BFD1 DC94 .)urr Uly tseach Bulldozing Dune Restoration & Beach Renourishment DWR# 20052016v3 Individual Certification #WQC006409 Page 3 of 6 Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file Filename: 20052016v3_Surf City Beach Bulldozing & Reno urishment_IWQC_PendCo_May.24 North Carolina Department of Environmental Quality I Division of Water Resources D Q�� 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 NOR1H CAROL NA " 919.707.9000 DocuSign Envelope ID: 726DD3E0-BA57-46F2-9704-9A33BFD1 DC94 -)urr Uly tseach Bulldozing Dune Restoration & Beach Renourishment DWR# 20052016v3 Individual Certification #WQC006409 Page 4 of 6 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC006409 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 0213.0200, to Kyle Breuer and Town of Surf City, who have authorization for the impacts listed below, as described within your CAMA major permit renewal request received by the N.C. Division of Water Resources (Division) on March 1, 2024, and by Public Notice issued by the Division of Coastal Management on or about November 22, 2005. 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. This certification authorizes beach bulldozing and beach renourishment activities utilized by the Town of Surf City to maintain the 6.2 miles of oceanfront beach within the town limits. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Plan Location or Reference Beach Bulldozing Intertidal bulldozing 91 acres (3,963,960 sq. ft. Beach Renourishment Excavation of beach sand Beach Fill *above MHW *below MHW 96 acres dredged 36.24 acres 256.77 acres TI Coastal oceanfront shoreline drawings sheets 1 through 18 November 25, 2019 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 adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality Standards for Class SC Waters. (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; (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 2. All dredge and/or fill material shall be placed on high ground and excavation shall not occur in Primary Nursery Areas outside of the authorized (describe dredge template/footprint). Please understand that the waters around your project area have been identified as a Nursery Area and North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 Nnhricaao.iw 919.707.9000 DocuSign Envelope ID: 726DD3E0-BA57-46F2-9704-9A33BFD1 DC94 _)urr Uly tseach Bulldozing Dune Restoration & Beach Renourishment DWR# 20052016v3 Individual Certification #WQC006409 Page 5 of 6 requests to dredge within these areas must be consistent with 15A NCAC 02B .0220 and 15A NCAC 02B .0224 which requires that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, maintenance of biological integrity, and fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The permittee is encouraged to take all necessary measures to ensure that impacts do not occur outside of the authorized dredge template within waters of designated Primary Nursery Areas. Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) 3. Please note that the area surrounding the project sites are located within Outstanding Resource Waters Area (SA;ORW) and contains submerged aquatic vegetation (SAVs) and shellfish producing habitat. No impacts to SAVs or shellfish producing habitat are authorized by this certification outside the approved impacts specified herein. Citation: 15A NCAC 028 .0225(c)(2); 15A NCAC 07H .0208 (a)(6) 4. The effluent water from the dredge spoil should not (if at all practicable) be released into open shellfish waters. The release of the effluent of dredge spoil from a closed shellfish area into open shellfish water will cause a (temporary) closure of that water which in turn is a degradation of waters and a violation of tidal salt water quality standards for Class SA Waters. Shellfish Sanitation (252.726.6827) and the Division of Water Resources (910.796.7215) must be notified if this is to occu r. Citation: 15A NCAC 028 .0221 The permittee shall report to the DWR 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. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 6. 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) 7. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231 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 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 NQr cavo, iNa 919.707.9000 DocuSign Envelope ID: 726DD3E0-BA57-46F2-9704-9A33BFD1 DC94 _)urr Uly tseach Bulldozing Dune Restoration & Beach Renourishment DWR# 20052016v3 Individual Certification #WQC006409 Page 6 of 6 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 028 .0200; 15A NCAC 028 .0231 9. 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 10. 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) 11. 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) 12. 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) 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 2nd day of May 2024 DocuSigned by: M61(t II& SaIn,G�.c,�jAi" A2KE126A9394M... Morella Sanchez -King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WiRO North Carolina Department of Environmental Quality I Division of Water Resources D � 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 Noa1HCAaD_NA 919.707.9000