20171114 Ver 1_Approval Letter_20171109

Water Resources
Environmental Quality
November 9, 2017
ROY COOPER
Governor
MICHAEL S. REGAN
Secretart
LINDA CULPEPPER
Interim Director
DWR Project # 17-1114
Onslow County
NOAA, NCCOS
Attn: Ms. Carolyn Currin, Center for Coastal Fisheries and Habitat Research
101 Pivers Island
Beaufort, NC 28516
Subject: Approval of 401 Water Quality Certification with Additional Conditions
USACE Action ID. No. SAW -2017-01879
Dear Ms. Currin:
Attached hereto is a copy of Certification No. 4130 issued to Ms. Carolyn Currin and
NOAA, NCCOS. 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 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.
-"Nothing Compares''
State of North Carolina I Environmental Quality
127 Cardinal Drive Extension Wilmington, North Carolina 28405
910-796-7215

Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
NOAH, NCCOS
DWR # 17-1114
Individual Certification #4130
Page 2 of 8
If sending via delivery service
(UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental
Quality:
William F. Lane, 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 Robb Mairs at 910-796-7215 or
robb.mairs(a)-ncdenr.gov if you have any questions or concerns.
Sincerely,
Karen Higgins, Supe ' or
401 & Buffer Permitting Branch
cc: Emily Hughes, USACE Wilmington District- Environmental
([e-mail])
Todd Bowers, EPA (via [e-mail])
DWR WiRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 171114MileHammockBayMarshPond Project(Onslow)_401_IC.docx

NOAH, NCCOS
DW R # 17-1114
Individual Certification #4130
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4130 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 15A NCAC 02H.0500 and 15A NCAC 0213 .0200, to Ms. Carolyn Currin
and NOAA, NCCOS, who have authorization for the impacts listed below, as described
within your application received by the N.C. Division of Water Resources (Division) on
August 31, 2017, subsequent information received on November 9, 2017 and by Public
Notice issued by the U. S. Army Corps of Engineers and received by the Division on
September 11, 2017.
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 provided that all of the conditions of the
Certification are met. No other impacts are approved, including incidental impacts.
[15A NCAC 02B .0506(c)]
2. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion
control practices must be used to meet this standard. Turbidity curtains shall be
used as appropriate. Please notify the Wilmington Regional Office if any
turbidity issues arise at 910.796.7215
3. 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)] The
applicant shall require his contractors (and/or agents) to comply with all of the terms
Amount Approved
Plan Location or Reference
Units
Open Water
0.17 ac
Figures 1 through 4 of
Ponds A & B
Project Narrative attached
2. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion
control practices must be used to meet this standard. Turbidity curtains shall be
used as appropriate. Please notify the Wilmington Regional Office if any
turbidity issues arise at 910.796.7215
3. 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)] The
applicant shall require his contractors (and/or agents) to comply with all of the terms

NOAH, NCCOS
DWR # 17-1114
Individual Certification #4130
Page 4of8
of this Certification, and shall provide each of its contractors (and/or agents) a copy
of this Certification.
4. The permittee shall require its contractors and/or agents to comply with the terms 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 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)]
5. 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. Any
modifications to the project require notification to DWR and may require an application
submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized under this
Certification. [15A NCAC 02H .0501 and .0502]
7. The project shall incorporate appropriate Best Management Practices for the control
of sediment and erosion so that no violations of state water quality standards, statutes,
or rules occur. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200]
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual, or for linear
transportation projects, the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil) sites, including contractor -owned or leased borrow pits associated with the
project. 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 borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. Reclamation measures and implementation
shall comply with the reclamation in accordance with the requirements of the
Sedimentation Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNAs), SA, WS -I, WS -II, High Quality Waters (HQW), or Outstanding Resource
Waters (ORW), then the sedimentation and erosion control designs shall comply with
the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive
Watersheds.

NOAH, NCCOS
DW R # 17-1114
Individual Certification #4130
Page 5of8
8 Sediment and erosion control measures shall not be placed in wetlands or waters
except within the footprint of temporary or permanent impacts authorized under this
Certification. [15A NCAC 02H .0501 and .0502]
9 Erosion control matting that incorporates plastic mesh and/or plastic twine shall not
be used along streambanks or within wetlands. [15A NCAC 02B .0201 ]
10 An NPDES Construction Stormwater Permit (NCG010000) is required for
construction projects that disturb one (1) or more acres of land. The NCG010000
Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated in the conditions of the permit. If the 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. [15A NCAC 02H .0506(b)(5) and (c)(5)]
11. All work in or adjacent to streams 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. [15A NCAC 02H .0506(b)(3) and (c)(3)]
12. 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. [15A NCAC 02B .0200 and 15A NCAC 02B .0231]
13. If concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state.
Water that inadvertently contacts uncured concrete shall not be discharged to waters
of the state. [15A NCAC 02B .0200]
14. No temporary impacts are allowed beyond those included in this Certification. All
temporary fill and culverts shall be removed and the impacted area shall be returned
to natural conditions within 60 calendar days after the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each
stream's original cross sectional dimensions, planform pattern, and longitudinal bed
profile. All temporarily impacted sites shall be restored and stabilized with native
vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]

NOAH, NCCOS
DW R # 17-1114
Individual Certification #4130
Page 6 of 8
15. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall
be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining
Manual or the North Carolina Department of Transportation Best Management
Practices for Construction and Maintenance Activities so as not to restrict stream flow
or cause dis-equilibrium during use of this Certification. [15A NCAC 02H .0506(b)(2)
and (c)(2)]
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 riprap shall be buried and/or "keyed in" such that
the original stream elevation and streambank contours are restored and maintained.
Placement of riprap or other approved materials shall not result in de -stabilization of
the stream bed or banks upstream or downstream of the area. [15A NCAC 02H
.0506(b)(2)]
17. This Certification does not relieve the applicant 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.
18. 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 not take
place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and
oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]
19. Heavy equipment working in wetlands shall be placed on mats or other measures shall
be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
20. In accordance with 143-215.85(b), the applicant 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.
21. Ms. Carolyn Currin and NOAA, NCCOS 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 Ms. Carolyn Currin and NOAA, NCCOS and the U.S. Army Corps

NOAH, NCCOS
DW R # 17-1114
Individual Certification #4130
Page 7 of 8
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 Ms. Carolyn Currin and NOAA, NCCOS
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.
22. Upon completion of all permitted impacts included within the approval and any
subsequent modifications, the applicant shall be required to return a certificate of
completion (available on the DWR website https://edocs.deg.nc.gov/Forms/Certificate-
of-Completion). [15A NCAC 02H .0502(f)]
23. If the property or project is sold or transferred, the new Permittee shall be given a copy
of this Certification (and written authorization if applicable) and is responsible for
complying with all conditions. [15A NCAC 02H .0501 and .0502]
24. This Certification neither grants nor affirms any property right, license, or privilege in
any waters, or any right of use in any waters. This Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any
other person and this Certification does not create any prescriptive right or any right
of priority regarding any usage of water. This 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 Certification
to possess any prescriptive or other right of priority with respect to any other
consumptive user regardless of the quantity of the withdrawal or the date on which the
withdrawal was initiated or expanded.
25. 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. [15A NCAC 02H .0502(e)]
26. Non-compliance with or violation of the conditions herein set forth by a specific project
may result in revocation of this General Certification for the project and may also result
in criminal and/or civil penalties.
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 .0506]

NOAA,NCCOS
DWR # 17-1114
Individual Certification #4130
Page 8of8
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 9th day of November 2017
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/rlm
4130