20090337 Ver 2_Approval Letter_20090917

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 17, 2009
Mr. Calvin Peck, Village Manager
Village of Bald Head Island
P.O. Box 3009
Bald Head Island, NC 28461-7000
Dee Freeman
Secretary
Re: Village of Bald Head Island Beach Restoration Project, Brunswick County
DWQ Project # 20090337, Ver. 2
Atlantic Ocean (030617, 99-(2), SB)
APPROVAL of 401 Water Quality Certification with Additional Conditions - MODIFICATION
Dear Mr. Peck:
Attached hereto is a copy of Certification No. 3793 issued to Mr. Calvin Peck, Manager of the Village of
Bald Head Island, dated September 17, 2009. This Certification replaces the Certification issued on
May 7, 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,
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: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Greg Finch, Land Management Group, Inc., P.O. Box 2522, Wilmington, NC 28402
Christian Preziosi, Land Management Group, Inc., P.O. Box 2522, Wilmington, NC 28402
Dave Timpy, Wilmington District, USACOE
Dan Sams, DLR, Wilmington Regional Office
Doug Huggett, DCM
Anne Deaton DMF, P.O. Box 769, Morehead City, NC 28557
WiRO File Copy
Filename: 090337 Vert VBHIBeachRestorationProj ect(Brunswi ck)401 _IC_MOD
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
,Xaturallry
An Equal Opportunity 1 Affirmative Action Employer
Village of Bald Head Island
Page 2 of 4
September 17, 2009
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. Calvin Peck, Manager of the Village of Bald Head
Island, to dredge 225.74 acres of offshore shallow bottom area and place beach compatible sand on 110
acres of inter tidal area and near shore shallow bottom below the Mean High Water (MHW) contour and
125.54 acres above the MHW contour, pursuant to an application filed on the 30`" day of March of 2009,
with additional information received on June 22, 2009, and September 9, 2009.
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 and the Division of Coastal Management Application. 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
404/401 Wetlands 0
Open Water (offshore)
dredged 225.74 acres
(9,833,274 SF) Sand Source Location - Figure 2, Page
7 of application.
Open Water (near shore)
below MHW filled 110 acres
(4,791,619 SF) Project Baseline And Limits of Work -
Figure 4, Page 10 of application.
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:
Village of Bald Head Island
Page 3 of 4
September 17, 2009
a. 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 to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
Continuing Compliance:
Mr. Calvin Peck, Manager of the Village of Bald Head Island 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 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. Calvin Peck, Manager of the Village of Bald Head Island,
the US Army Corps of Engineers, and provide public notice in accordance with 15A NCAC 2H.0503
and provide opportunity for a public hearing in accordance with 15A NCAC 2H.0504. Any new or
revised conditions shall be provided to Mr. Calvin Peck, Manager of the Village of Bald Head Island,
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. Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under this authorization letter and certification.
This Certification covers the one time event of beach nourishment for the Village of Bald Head
Island. Any future activity that includes work in the inter-tidal zone will require a new 401 Water
Quality application and certification.
Village of Bald Head Island
Page 4 of 4
September 17, 2009
8. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC
Wildlife Resources, US Fish and Wildlife, NC Division of Coastal Management, and National Marine
Fisheries.
If such activities should take place during periods of high biological activity (e.g. bird, or sea turtle
nesting), biological monitoring may be required at the request of other state and federal agencies and
coordinated with these dredging activities.
9. Per DCM, the following modification is approved:
Unless specifically altered herein, this minor modification authorizes the following:
An increase in the depth of excavation within the bounds of the previously approved
borrow area to -24" NGVD29 (22' Design Depth plusmaximum 2' overdredge
allowance);
Authorization to initiate staging activities within the staging area indicated on the
workplan drawings no earlier than October IS, 2009.
Authorization to initiate dredging and sand pumping activities within the areas indicated
on the workplan drawings no earlier than November 1, 2009.
The revised dredging and nourishment dates referenced in this condition apply to the 2009
dredge season. Any dredging and/or nourishment activities that take place in subsequent yyears
will be subject to the dates listed in Condition No. I of the original of Permit No. 67-09, which
was issued on May 27, 2009.
10. Certificate of Completion - Upon completion of the project, the applicant shall complete and return
the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and return
it to the 401/Wetlands Unit of the Division of Water Quality.
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 17th day of Septe b r 2009
DIVI NO F WA LITY
Coleen Sullins
CHS/cbk/ijm
3793