20061275 Ver 3_Approval Letter_20180104

ROY COOPER
Goverear
r MICHAEL S. REGAN
Secrelary
BRAXTON C. DAVIS
Coastal Management Director
ENVIRONMENTAL QUALITY
December 8, 2017
Jai I11uC11ty-win uTl
Anthony
FROM: DougHuggett,rMajor'Perm is Coordinator 401, WaRORce�f��D/NCD4�Nalpwli
c/o Gregg Bodnar, Assistant Major Permits Coordinator DEC
Division of Coastal Management Y 2
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SUBJECT: CAMA/DREDGE &FILL Permit Application Revie,aro , to
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Applicant: Town of Nags Head
Project Location: Bonnett Street Access off NC 12 on the north end of the Town of Nags
Head's oceanfront to the southernmost end of the Nags Head's
oceanfront, adjacent to the Cape Hatteras National Seashore Beach
Ramp
Proposed Project: Re -nourish 10 miles of Nags Head beachfront from Bonnett Street to
the National Park Service beach ramp on the south end of the town in
Dare County.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 12/29/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Lynn Mathis at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
�-A)r ycG
�,. This agency has no comment on the proposed project. d rh Z C �1 Pr,ti­e V 1C -
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE 111101
!'Nothing Compares
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Ste 300.1 Elizabeth City, NC 27909
252-264-39011252-331-2951 [11ax]

N -r
Wales Resources
Enrirnntncnlnl OualfR
January 3, 2018
Town of Nags Head
Attn: Mr. Cliff Ogburn
P O Box 99
Nags Head, NC 27959
ROY COOPER
MICHAEL S. REGAN
LINDA CUL.PEPPER
(rnrrim Drronor
DWR # 06-1275 v3
Dare County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Nags Head Beach Renourishment
USACE Action ID. No. SAW -2017-02098
Dear Mr. Ogburn:
Attached hereto is a copy of Certification No. 4159 issued to Mr. Cliff Ogburn and Town of
Nags Head, dated January 3, 2018. 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 1506 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 maybe obtained from the OAH at hn://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.
Slate of North Cm'blina i 15rvimnnrental Quality
1611 Mail Service Center Raleigh, Not Carolina 27699-I61 I
919-707-9000
:r

Town of Nags Head
DWR# 06-1275 v3
Individual Certification #4159
Page 2 of 7
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, INC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, INC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division of Water Resources under section 401 of
the Clean Water Act and 15A NCAC 0211 .0500. Contact me at 919-807-6360 or
karenlhi ins ncdenr.Eov or Anthony Scarbraugh at 252-948-3924 or
anthony.scarbraughPncdenr.Kov if you have any questions or concerns.
Sincerely,
40`,.
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Attachment:
cc: Haiqing Liu Kaczkowski, Coastal Science & Engineering, Inc. (via coastalscience.com)
USACE Washington Regulatory Field Office
Todd Bowers, EPA (via [e-mail])
DWR WaRO401file
DWR 401 & Buffer Permitting Branch file
Filename: 061275v3NagsHead BeachRenou rishment.docx

Town of Nags Head
DWR# 06-1275 v3
Individual Certification #4159
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4159 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 Mr. Cliff Ogburn and Town of Nags Head, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water
Resources (DWR) on December 14, 2017, and by Public Notice issued by the U. S. Army Corps of
Engineers and received by DWR on October 16, 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 other conditions of the
Certification are met. No other impacts are approved, including incidental impacts. [15A
NCAC 021-1,0506 (b) & (c)]
Type of
Amount Approved
Amount Approved
Plan location /
Impact
(units) Permanent
(units) Temporary
Reference Attached
Open Waters
OW -1
490 (acres)
0 (acres)
CAMA PLAN Sheet
(Dredge)
Nos. 02 through 23
OW -2
310 (acres)
0 (acres)
(Fill)
2. Class SB Waters Standards
The Permittee shall adhere to 15A NCAC 02B .0221(3) Tidal Salt Water Quality for Class SB
Waters including but not limited to:
(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]

Town of Nags Head
DWR# 06-1275 v3
Individual Certification #4159
Page 4 of 7
3. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (e.g. 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.
4. Dredging shall not cause Shellfish Closures
The effluent water from the dredge spoil should not be released into open shellfish waters.
Shellfish Sanitation and DWR must be notified if this is to occur.
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 D2H .0501 and .0502)
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 NCDOTSediment 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.

Town of Nags Head
DWR# 06-1275 v3
Individual Certification #4159
Page 5 of 7
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 (HOW), 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.
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 .05021
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 NCGO10000 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. 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]
12. 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 0213 .0200]
13. 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

Town of Nags Head
DWR# 06-1275 v3
Individual Certification #4159
Page 6 of 7
.0506(b)(2) and (c)(2)]
14. 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.
15. 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)]
16. 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)]
17. 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.
18. Mr. Cliff Ogburn and Town of Nags Head 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 .02001 If DWR 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, DWR may reevaluate and modify this Certification. Before modifying the
Certification, DWR shall notify Mr. Cliff Ogburn and Town of Nags Head 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 Mr. Cliff Ogburn and Town of Nags Head 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.
19. 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.deo.nc.gov/Forms/Certificate-of-Completion). [15A NCAC
02H .0502(f)]

Town of Nags Head
DWR# 06-1275 v3
Individual Certification #4159
Page 7 of 7
20. 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]
21. 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.
22. 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. [15A NCAC 02H .0502(e)]
23. 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]
This the 3rd day of January 2018
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/jab
4159