20160801 Ver 1_Approval Letter_20161212

Water Resources
ENVIRONMENTAL QUALITY
December 12, 2016
Town of Ocean Isle Beach
Attn: Ms. Debbie Smith
3 West Third Street
Ocean Isle Beach, NC 28469
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
secretory
S. JAY ZIMMERMAN
Director
DWR # 16-0801
Brunswick County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Town of Ocean Isle Beach Island Wide Shoreline Management Plan
Dear Ms. Smith:
Attached hereto is a copy of Certification No. 4079 issued to the Town of Ocean Isle Beach, dated
December 12, 2016. 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.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Town of Ocean Isle Beach
DWR# 16-0801
Individual Certification #4079
Page 2 of 8
One (1) copy of the petition must also be served to Department of Environmental Quality:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Chad Coburn at 910-796-7379 or [e-mail]
or Jennifer Burdette at 919-807-6364 or [e-mail] if you have any
questions or concerns.
Sincerely,
b
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Brad A. Rosov, Coastal Planning & Engineering of North Carolina, Inc. (via
[e-mail])
USACE Wilmington Office Regulatory Field Office
Heather Coats, DCM (via heather coats.ncdenr.gov)
DWR WiRO File
DWR 401 & Buffer Permitting Branch File
Filename: 160801TownofOceanIsle BeachShoreIineManagement Plan(Brunswick)_401_IC.docx

Town of Ocean Isle Beach
INEM
Individual Certification #4079
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4079 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 the Town of Ocean Isle Beach, who have authorization for the impacts listed below,
as described within your application received by the N.C. Division of Water Resources (Division) on
October 14, 2016, and by Public Notice issued by the U. S. Army Corps of Engineers and received
by the Division on September 12, 2016.
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:
Impacts Approved
The following impacts are hereby approved provided that all of the other conditions of the
Certification are met. No other impacts are approved, including incidental impacts. [15A
NCAC 02H .0506 (b) & (c)]
Type ofAmount
Approved
Amount Approved
Plan location /
Impact
(units) Permanent
(units) Temporary
Reference Attached
Open Waters
Borrow Area
110 (acres)
0 (acres)
CAMA PLAN Sheet
BA -1
Beach
14.09 (acres)
0 (acres)
CAMA PLAN Sheet
Re -nourishment
PV -1 through PV -10
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 incorporated 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. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]

Town of Ocean Isle Beach
DWR# 16-0801
Individual Certification #4079
Page 4 of 8
3. 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 permittee/contractor shall immediately contact the Division of Water
Resources, between the hours of 8 am to 5 pm at 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]
4. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class
SA 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. [15A NCAC 02B .0221]
5. Continuing Compliance
The Town of Ocean Isle Beach 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 of State
and Federal law. [15A NCAC 02B .0200] 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 the Town of Ocean Isle Beach 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 NCAC 02H .0504. Any new or revised
conditions shall be provided to the Town of Ocean Isle Beach 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 of the 404 Permit for the project.
6. 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: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
[15A NCAC 02H .0502(f)]
7. No Impacts Bevond those Authorized
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 application, as authorized in the written
approval from the Division or beyond the thresholds established for use of this Certification

Town of Ocean Isle Beach
DWR# 16-0801
Individual Certification #4079
Page 5 of 8
approval from the Division or beyond the thresholds established for use of this Certification
without written authorization, including incidental impacts. 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.
8. Standard Erosion and Sediment Control Practices
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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a) 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 Manual. 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.
b) 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.
c) 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.
d) Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e) If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -I, WS -I1, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set
forth in 15A NCAC 04B.0124, Design Standards in Sensitive Watersheds.
9. No Sediment and Erosion Control Measures in Wetlands or Waters
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.

Town of Ocean Isle Beach
D W R# 16-0801
Individual Certification #4079
Page 6 of 8
10. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at
http://portal_ncdenr.org/web/wq/ws/su/npdessw#tab-w .
11. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
12. Dredging shall not cause Shellfish Closures
The effluent water from the dredge spoil should not be released into open shellfish waters.
Shellfish Sanitation and the Division of Water Resources must be notified if this is to occur.
13. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from
the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water. Exceptions to this condition require application submittal to and written approval by
the Division.
14. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water

Town of Ocean Isle Beach
DWR# 16-0801
Individual Certification #4079
Page 7 of 8
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills.
15. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
16. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area.
17. Any rip -rap used for stabilization shall be of a size and density to prevent movement by wave,
current action, or stream flows and consist of clean rock or masonry material free of debris
or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas
required for velocity control and to ensure structural integrity of bank stabilization measures.
18. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this Certification isnot valid until a Finding of No Significant Impact
(FONSI) or Record of Decision (ROD) is issued°by the State Clearinghouse.
19. In the twenty (20) coastal counties, the appropriate DWR Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
20. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
21. The applicant/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(4) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including 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, then the
Division may reevaluate and modify this Water Quality Certification.
22. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return the certificate of completion attached

Town of Ocean Isle Beach
1]0 -11101431
Individual Certification #4079
Page 8 of 8
to the approval. One copy of the certificate shall be sent to the DWR Central Office in
Raleigh at 1617 Mail Service Center, Raleigh, NC, 27699-1617.
23. Additional site-specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
24. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
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 .0507(d)(2) and 15A NCAC
02H.05061
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 12th day of December 2016
Karen Higgins, Supery o
401 & Buffer Permitting Branch
KAH/job
4079