20041176 Ver 3_Approval Letter_20090109

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Town of Emerald Isle
Attn: Frank Rush, Town Manager
7500 Emerald Drive
Emerald Isle, NC 28594
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 9, 2009
Re: Town of Emerald Isle: Bogue Inlet Channel Erosion Response Project, Carteret County
Bogue Inlet [030503, 20-36-(0.5), SA, ORW]
DWQ #20041176, Ver. 3; USACE Action ID. No. 200100632
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Rush:
Attached hereto is a copy of Certification No. 3741 issued to Mr. Frank Rush, Town Manager of the
Town of Emerald Isle, dated January 9, 2009. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and
Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS/cbk/?m
Attachments: Certificate of Completion
cc: Mitch Hall - US Army Corps of Engineers, Wilmington Field Office
Mickey Sugg - U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Joanne Steenhuis - DWQ, Wilmington Regional Office
Paul Worthington - DLR Wilmington Regional Office
Stephen Rynas - DCM Morehead City
Becky Fox - US EPA
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
Anne Deaton, DMF, P.O. Box 796, Morehead City, NC 28557
Filename: 041176v3 BoguelnletChannelErosionResponseProject(Carteret)401 _IC
Mailing Address Phone [phone] Location None hCarolina
1617 Mail Service Center Fax [phone] N. Salisbury St. Natumlly
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.ncwateruuality.or2 Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Frank Rush, Town Manager of the Town of Emerald
Isle to maintenance dredge 7.23 acres of the new Bogue Inlet Channel and place material on 30.31 acres of
beach of which 20.20 acres is below the mean high water line (MHW) located along the Bogue Inlet
shoulder and ocean shoreline at the western tip of Emerald Isle in the White Oak River Basin, associated
with the recapture of the alignment and design dimension of a portion of the new Bogue Inlet Channel and
to place material on the beach to help curb erosion at the western tip of Emerald Isle in Carteret County,
North Carolina, pursuant to an application filed on the 26th day of March of 2008 and modification request
dated October 13, 2008.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice dated March 7, 2008 and modification request dated October 13, 2008. If
the project is changed, prior to notification a new application for a new Certification is required. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is
thereby responsible for complying with all conditions of this Certification. Any new owner must notify
the Division and request the Certification be issued in their name. Should wetland or stream fill be
requested in the future, additional compensatory mitigation may be required as described in 15A NCAC
2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or
wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new
application for 401 Certification may be required. For this approval to be valid, compliance with the
conditions listed below is required.
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:
Amount Approved (Units) Plan Location or Reference
Stream N/A (feet)
Open water (Channel) 7.23 acres Sheets 2 and 4 of the
dredging Town of Emerald Isle The Point
Shoreline Restoration and Bogue
Inlet Channel Maintenance
Project (aerials and drawings)
Open waters 18.5 acres Sheets 2 and 4 of the
(nearshore/below mean Town of Emerald Isle The Point
high water MHW) Shoreline Restoration and Bogue
fill Inlet Channel Maintenance
Project (aerials and drawings)
Plus an additional 1.7 Modification request dated
acres October 13, 2008 (aerial and
drawing)
Buffers N/A (square ft.)
Sediment and Erosion Control:
2. 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 in
order to protect surface waters standards:
The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The 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,
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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 404/401Permit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream 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 Land Resources or
locally delegated program has released the project;
Continuing Compliance:
5. Mr. Frank Rush, Town Manager of the Town of Emerald Isle, shall conduct dredging and disposing
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 law and federal law. 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 to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Mr. Frank Rush, Town Manager of the Town of Emerald Isle
and the US Army Corps of Engineers, to provide public notice in accordance with 15A NCAC
2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 214.0504. Any
new or revised conditions shall be provided to Mr. Frank Rush, Town Manager of the Town of
Emerald Isle in writing, shall be provided to the United States 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.
Other conditions:
6. If such activities should take place during periods of high biological activity (i.e. sea turtle nesting),
biological monitoring may be required at the request of other state or federal agencies and
coordinated with these dredging activities;
7. The discharge shall be free of toxic substances in violation of state water quality standards;
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
Also, 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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 9th day of Jan 2009
TColeen N F T UALITY
JV ull ins
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