20120288 Ver 1_Approval Letter_20231205

DocuSign Envelope ID: 07EFC129-7049-41 D2-BCBB-8A8C86C3E3DB
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
December 5, 2023
DWR # 20120288 v6
Brunswick County
Village of Bald Head Island
Attn: Chris McCall
P.O. Box 3008
Bald Head Island, NC 28461
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Village of Bald Head Island Beach Renourishment—Jay Bird Shoals Borrow Area
USACE Action ID. No. SAW-2002-00040
Dear Mr. McCall:
Attached hereto is a copy of Certification No. WQC004002 issued to Chris McCall and the Village of Bald
Head Island dated December 5, 2023. This Certification replaces the Certification issued on January 28,
2019. This Certification is being issued pursuant to a modification request from the Division of Coastal
Management received on October 6, 2023, to utilize an area on the north side of the historically used Jay
Bird Shoals as an offshore borrow source for the purposes of beach renourishment along two locations of
South Beach. The modification request requests an expansion of and are to the north of the historically
used Jay Bird Shoals offshore borrow area. The borrow area would be excavated to a maximum depth of
-22 feet NAVD 29 (plus -2 feet of overdredge allowance). The borrow material would be utilized for beach
renourishment resulting in an average fill width of 450 feet along the length of two placement areas along
western and eastern ends of South Beach for a combined shoreline length of 12,936 linear feet.
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.
NORTH CAROLINADE
Deprhnent of Environmental 9ual�
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: 07EFC129-7049-41 D2-BCBB-8A8C86C3E3DB
VBHI Beach Renourishment- Jay Bird Shoals
DWR# 20120288v6
Individual Certification #WQC004002
Page 2 of 8
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.
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 150B-23(a).
�LLE
NORTVI CAROL INA
Dep.buem of Emroemeeml oeeL�
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

NOR VICAROIINA
Duparhnenl IAE,Mronlnental Iluallts
DocuSign Envelope ID: 07EFC129-7049-41 D2-BCBB-8A8C86C3E3DB
VBHI Beach Renourishment- Jay Bird Shoals
DWR# 20120288v6
Individual Certification #WQC004002
Page 3 of 8
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 [e-mail] if you have any
questions or concerns.
Electronic cc:
Sincerely,
—DocuSigned by: I
MO rat&
`— 8554B0F62DED464...
Morella Sanchez -King
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WiRO
Greg Finch, consultant
Emly Hughes, USACE Wilmington Regulatory Field Office
Maria Dunn, NCWRC
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
DE
Filename:20120288v6_VBHI_Jay Bird Shoals_IWQCMod_BrunsCo_Dec.23.docx
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: 07EFC129-7049-41 D2-BCBB-8A8C86C3E3DB
VBHI Beach Renourishment- Jay Bird Shoals
DWR# 20120288v6
Individual Certification #WQC004002
Page 4 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004002 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 Chris McCall and the Village of Bald Head Island, who have
authorization for the impacts listed below, as described within your modification request received by
the Division of Water Resources (DWR) on October 6, 2023, and by Public Notice issued by the Division
of Coastal Management on October 12, 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. Please note the acreage approved is the defined area
which could be impacted as an offshore borrow source for the purpose of beach renourishment.
The actual acreage of offshore borrow area will be limited to the areas that provide suitable sand for
beach renourishment while complying with the conditions listed in this approval. The project scope is
further limited to a maximum volume of 1.0 million cubic yards of borrow material to be excavated
from Jay Bird Shoals. 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
Plan Location or
Reference
Open Waters
CAMA Major Permit
Jay Bird Shoals Borrow Area
N/A
72.8 acres
Modification request
Beach Renourishment
revised 9/15/2023,
Oceanfront Beach above
Mean High Water
Beach Profile below Mean
High Water
N/A
N/A
+/- 29 acres
+/-119 acres
narrative revised
10/4/23 and sheets 1
through 9 dated
4/13/2023
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.
�LLE
NORTVI CAROL INA
Dep.bnem of Emroemeeml oeeL�
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: 07EFC129-7049-41 D2-BCBB-8A8C86C3E3DB
Citation: 15A NCAC 02B .0220
VBHI Beach Renourishment- Jay Bird Shoals
DWR# 20120288v6
Individual Certification #WQC004002
Page 5 of 8
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. Samples shall be collected at daily time intervals of one hour after system start-up, midway of the
dredge process (6 hours) and one hour prior to system shutdown assuming a 12-hour day.
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.
3. The Permittee shall maintain a record of the daily equipment calibration and sample results at the
required sampling intervals.
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 report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, surface water, stream or wetland standards [15A NCAC 02B .0200],
including but not limited to sediment impacts to surface waters, 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.
5. 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)
�LLE
NORTVI CAROL INA
Dep.bnem of Emroemeeml oeeL�
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: 07EFC129-7049-41 D2-BCBB-8A8C86C3E3DB
VBHI Beach Renourishment- Jay Bird Shoals
DWR# 20120288v6
Individual Certification #WQC004002
Page 6 of 8
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.
6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along riparian areas 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.
7. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 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 02B .0200; 15A NCAC 02B
.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 of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. 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.
8. 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 02B .0200; 15A NCAC 02B .0231
�LLE
NORTVI CAROL INA
Dep.buem of Emroemeeml oeeL�
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: 07EFC129-7049-41 D2-BCBB-8A8C86C3E3DB
VBHI Beach Renourishment- Jay Bird Shoals
DWR# 20120288v6
Individual Certification #WQC004002
Page 7 of 8
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 of fish, 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.
9. 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
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 of fish, 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.
10. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
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.
11. 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)
�LLE
NORTVI CAROL INA
Dep.buem of Emroemeeml oeeL�
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: 07EFC129-7049-41 D2-BCBB-8A8C86C3E3DB
VBHI Beach Renourishment- Jay Bird Shoals
DWR# 20120288v6
Individual Certification #WQC004002
Page 8 of 8
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.
12. 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)
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.
13. 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)
�LLE
NORTVI CAROL INA
Dep.bnem of Emroemeeml DeeL�
This, the 5th day of December 2023
LOrtlizt
DocuSigned by:
Satn,GU.c/5—�tln,6�Morella Sanchez -King 8554B0F62DED464...
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WiRO
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