20061471 Ver 2_Approval Letter_20160210

('Matt=t Pesources
National Parks Service
Cape Lookout National Seashore
Attn: Mr. Patrick Kenny
131 Charles Street
Harkers Island, NC 28531
PAT MCCRORY
DONALD R. VAN DF'R VAART
,rur.
S_ JAY ZIMMERMAN
February 8, 2016 "`"``"
DWR # 06-1471 V2
Carteret County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
National Park Service, Harkers Island Shore Protection, Harkers Island
USACE Action ID. No. SAW -2006-40176-16
Dear Mr. Kenny:
Attached hereto is a copy of Certification No. 3609 issued to Mr. Patrick Kenny and the National
Parks Service Cape lookout National Seashore, dated February 8, 2016. This Certification
replaces the Certification issued on January 16, 2007. Please note that you should get any other
federal, state or local permits before proceeding with the subject project, including those
required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
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) within sixty
(60) calendar days.
A petition form may be obtained from the OAH at http://www,ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition 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 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
State of North Carolina I Department of Environmental Quality Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215

Mailing address for the OAH:
Ifsending vioL8Postal 1e/vice:
Office of Administrative Hearings
6724Mail Service Center
Raleigh, N[27699 -G714
National Parks Service
Cape Lookout National Seashore
Attn: Mr, Patrick Kenny
oWnProject #0Gz4,zv2
February 8,ZOz6
Page 2of7
If sending via delivery service (UPlFedEx, etc):
Office ofAdministrative Hearings
17l1New Hope Church Road
Raleigh, N[Z7609-52R5
One (1) copy of the petition must also be served to DENR:
Sam Hayes General Counsel
Department 0fEnvironmental Quality
16OlMail Service Center
Raleigh, NCJ7699-260l
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 40I of the Clean Water Act
and l5ANCA[02H.O5OO. Contact Joanne SteenhuiJ8t91O.79573O6or
ifyou have any questions Orconcerns.
kw -q-) CM
ZI
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Lc: Teresa Bullard - U3A[E VVi|nlin8t0n District —electronic copy
Mickey Sugg USA[E Wilmington Regulatory Field Office — electronic copy
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Brian Lambe ' DEK4LRVV|RD—electronic copy
DVVRVViRD401file
DVVR4OlO^Buffer Permitting Branch file
Filename: 861471v2NPSHarkeo|sbnd([arteet[_4011Cdocx

National Parks Service
Cape Lookout National Seashore
Attn: Mr. Patrick Kenny
bwR Project # 06 1471 V2
February 8, 2016
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3609 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, to Mr. Patrick Kenney and the National Park Service Cape Lookout National Seashore,
who have authorization for the impacts listed below, as described within your application received
by the N.C. Division of Water Resources (Division) on November 20, 2015, subsequent information
received on January 20, 2016 and by Public Notice issued by the U. S. Army Corps of Engineers and
received by the Division on April 8, 2015.
The State of North Carolina certifies that this activity will not violate 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.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
2. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)1:
Amount Approved
Plan Location or Reference
(Units)
Stream
N/A (feet)
404/401 Wetlands
N/A (acres)
Waters
0.70 acres
C-01 North Sill Lines 2A, 2C &
Section B -B' (attached)
Previous Impacts
Waters
1.57 acres
From previous permit
Wetlands (coastal)
0.05 acres
Cumulative Total impacts
Waters
2.27 acres
Cumulative impacts from both
Wetlands (coastal)
0.05 acres
permits
2. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)1:

National Parks Service
Cape Lookout National Seashore
Attn: Mr. Patrick Kenny
DW R Project # 06 1471 V2
February 8, 2016
Page 4 of 7
Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manua(. The
devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil) projects, including contractor -owned or leased borrow pits associated with the
project.
For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
For PNA, SA, WS -I, WI -II, HQW, QRW waters. The sediment and erosion control
designs must comply with the requirements set forth in 15A NCAC 04B .0124 Design
Standards in Sensitive Watersheds,
1 No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Individual Permit Application for this
project, All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H .0501 and .0502]
4. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of
the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally
delegated program has released the specific area within the project. [15A NCAC 02H .0501
and .0502]
5. The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 02B .0222. Appropriate sediment and erosion control practices must
be used to meet this standard.

National Parks service
Cape Lookout National seashore
Attn: Mr. Patrick Kenny
DWR Project # 06 1471 V2
February 8, 2016
Page 5 of 7
6. Appropriate measures should be installed prior to installing the sill to protect the waters from
turbidity and/ or sedimentation. These measures should be routinely inspected and properly
maintained. Excessive silt and sediment loads can have numerous detrimental effects on
aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging
of gills of aquatic species. [15A NCAC 02H .0506 (b)(3) and (c)(3)]
7. Any riprap used shall be of a size and density to prevent movement by wave action, current
action, or stream flows and consist of clean rock or masonry material free of debris or toxic
pollutants. [15A NCAC 02H .0506(b)(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)]
9. 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. In the event of a hydrocarbon
or chemical spill, the permitee/contractor shall immediately contact the Division of Water
Quality, between the hours of 8 am to 5 pm to the Wilmington Regional Office at
910.796.7215 and after hours and on weekends call [phone]. Management of such
spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f),
and GS 143 Article 21A]
10. Within 60 days of completion of construction, as -built drawings shall be submitted to both
the Division of Water Quality, 401 & Buffer Permitting Branch, 1617 Mail Service Center,
Raleigh NC 27699-1617 and to the Wilmington Regional Office at 127 Cardinal Drive Ext.
Wilmington, NC 28405. [15A NCAC 02H .0507 (c)]
11. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
12. The permitee shall require its contractors and/or agents to comply with the terms and
conditions 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 with 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)]

National Parks Service
Cape Lookout National Seashore
Attn: Mr. Patrick Kenny
DNxProject #O61471vZ
February 8, 2016
Page 6of7
23. Continuing Compliance
Mr. Patrick Kenney and the National Parks Service Cape Lookout National Seashore shall
conduct construction activities in a manner consistent with State water quality standards
(including any requirements resulting from compliance with section 303(d) of the Clean Water
Act) and any other appropriate requirements ofState and Federal law. /15AN[A[02B.0200l
If the Division 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 Division may reevaluate and modify
this Certification. Before modifying the Certification, the Division shall notify Mr. Patrick
Kenney and the National Parks Service Cape Lookout National Seashore and the U.S. Army
Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide
opportunity for public hearing in accordance with 15A NCA[ 02H .0504. Any new Or revised
conditions shall be provided to Mr. Patrick Kenney and the National Parks Service Cape
Lookout National Seashore in writing, shall be provided to the U.S. Army Corps of Engineers for
reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also
become conditions ofthe 404Permit for the project.
14. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are inO]rp0rated by reference
and are an enforceable part of the 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. |fthe property issold, the new owner must begiven 8copy Ofthis
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification beissued intheir name. |I5AN[ACO2H05Oland
I5� Approximately six /6\ months after the installation Ofrock sill structure in waters the structure
shall be inspected for shifts or movement of rocks within sill structure, etc. Eighteen (18)
months after installation another visual inspection shall be conducted. Written notification /e-
nn8iUisrequired after these inspections; any problems found during inspections shall b8
documented and the appropriate DWR Wilmington Regional Office staff member contacted to
arrange afield visit. The permittees (property owners) shall consult with the Regional DVVR
staff member to determine if a permit modification is needed to correct the problem. The
property owner and/or owners shall assume responsibility of repairs and maintenance of rock
sill structure. [I5A NCAC03H .050I and .0502 and 15AN[ACO2H .0506(b)/2\ and (3) and

National Parks Service
Cape Lookout National Seashore
Attn: Mr. Patrick Kenny
DvVnProject #O6z47zv2
February 8'20z6
Page 7of7
16. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: ).
17. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15AN[A[02HD502(e)l
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 or 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 D507/d\(2) and 15A NCA[
02H 0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result incriminal and/or civil penalties.
This the 8th day OfFebruary 2OI6
--
Karen
Kanen Higgins,SupervisOr
4Ol&Buffer Permitting Branch
Attachments

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