HomeMy WebLinkAbout20160663 Ver 2_Approval Letter_20240611DocuSign Envelope ID: rnrA7471-BEC7-4B1C-A48C-CCOBC166E65A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 11, 2024
DWR # 20160663v2
Brunswick County
North Carolina Wildlife Resources Commission
Attn: Hope Sutton
1751 Varsity Drive
Raleigh, NC 27606
Delivered via email to: hope.sutton@ncwildlife.org
Subject: Approval of Individual 401 Water Quality Certification
Lower Cape Fear River Bird Islands — Ferry Slip and South Pelican
Dear Ms. Sutton:
Attached hereto is a copy of Certification No. WQC006919 issued to Hope Sutton and NC Wildlife
Resources Commission, dated May 31, 2024. This certification replaces the certification issued on August
18, 2016. 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.
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:6DC47471-BEC7-4B1C-A48C-CCOBC166E65A
Lower Cape Fear Bird Islands -Ferry Slip and South Pelican
DWR# 20160663v2
Individual Certification #WQC006919
Page 2 of 6
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 (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,
Em
DocuSigned by:
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Morella Sanchez -King
Wilmington Regional Operations Supervisor
Division of Water Resources
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
DocuSign Envelope ID:6DC47471-BEC7-4B1C-A48C-CCOBC166E65A
Lower Cape Fear Bird Islands -Ferry Slip and South Pelican
DWR# 20160663v2
Individual Certification #WQC006919
Page 3 of 6
Electronic cc: Lindsay Addison, agent
Greg Currey, USACE Wilmington Regulatory Field Office
Maria Dunn, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20160663v2 NCWRC Lower CFR Bird Islands IWQC BrunsCo Jun.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:6DC47471-BEC7-4B1C-A48C-CCOBC166E65A
Lower Cape Fear Bird Islands -Ferry Slip and South Pelican
DWR# 20160663v2
Individual Certification #WQC006919
Page 4 of 6
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006919 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 Hope Sutton and NC Wildlife Resources Commission, who have authorization
for the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on April 1, 2024 and subsequent information on from the USACE on May 28, 2024,
and by Public Notice issued by the Division of Coastal Management on April 5, 2024, and within the
Reasonable Period of Time pursuant to 40 CFR Part 121.6.
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. Impacts added or removed pursuant to this modification
are shown in bold within the impacts tables. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Permanent
Amount Approved
Temporary
Mitigation
Amount Required
Open Waters
Fill for Bird Island Habitat
South Pelican Island
11.8 acres
N/A
Total:
17.2 acres
N/A
N/A
Ferry Slip Island
11.0 acres
N/A
Total:
15.0 acres
N/A
N/A
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SC
Waters (3)
(g) 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;
(1) 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 028 .0220
2. 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
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
NoalHCaaD_NA 919.707.9000
DocuSign Envelope ID:6DC47471-BEC7-4B1C-A48C-CCOBC166E65A
Lower Cape Fear Bird Islands -Ferry Slip and South Pelican
DWR# 20160663v2
Individual Certification #WQC006919
Page 5 of 6
degradation of waters and a violation of DWR's rules. Shellfish Sanitation (252.726.6827) and
the Division of Water Quality (910.796.7215) must be notified if this is to occur.
Citation: 15A NCAC 028 .0221
3. 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)
4. 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)
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)
If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028
.0231
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
8. 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.
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.
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
NoalHCaaD_NA 919.707.9000
DocuSign Envelope ID:6DC47471-BEC7-4B1C-A48C-CCOBC166E65A
Lower Cape Fear Bird Islands -Ferry Slip and South Pelican
DWR# 20160663v2
Individual Certification #WQC006919
Page 6 of 6
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 315T day of May 2024
Morella Sanchez -King
Wilmington Regional Operations Supervisor
Division of Water Resources
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
NoalHCaaD_NA 919.707.9000