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HomeMy WebLinkAbout38-20 Brunswick County Public UtilitiesPermit Class NEW Permit Number 38-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Brunswick County Public Utilities PO Box 249, Bolivia, NC 28422 Authorizing development in Brunswick County at adi. to Hood Creek. at 3954 Clearwell Dr. NC. and the Cape Fear River at the end of Hooper Rd. NE, as requested in the permittee's application dated 2/11/20 (MP-1 3) and 3/12/20 (MP-2,4), incl art workplan drawings (64), as referenced n Condition No.I below. This permit, issued on April 2, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation A these terms may be subject to tines, or civil action; or may cause the permit to De nuts ana vola. 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (64): a. G-GN-I (Sheet 1 of 467) dated 9/27/19, b. C-RW-1,2,3, C-SP-1,2,3,4,5,6, C-SP-10,11,12,13,14, C-GD-1,2,3,4,5 and C-YP-I all dated 10/19, c. G-GN-1 (Sheet 1 of 44) dated 10/O% d. G-GN-2,3, C-CP-1,2,3, C-CP-10,11, C-CP-14, C-CP-16,17,18,19,19, C-CP-24, C-CP-26, all dated 10/19, e. C-CP-4,5,6,7,8,9, C-CP-12,13, C-CP-15, C-CP-20,22,23, C-CP-25, C-CP-27, C-D- 1,2,3,4,5,6,7, C-D-9, S-1,2 all dated "Revised 10/19", f. C-CP-28,29 both dated "Revised 1 /20". (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Gt, W Signature of Permittee Brunswick County Public Utilities ADDITIONAL CONDITIONS Upland Development Permit No. 38-20 Page 2 of 5 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the buildings, upgrades and pipelines, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. 2) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of the pipeline alignments indicated on the workplan drawings. Easement 3) An Easement from the Department of Administration's State Property Office may be required under N.C.G.S. 146-12(e). The permittee.shall contact the State Property Office prior to the initiation of construction of any structures over state-owned submerged lands to determine. if such an easement will be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal Management, prior to the construction of any in -water structures authorized under this permit. Outfall Pipe 4) - In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no excavation, filling or coffer dam operations shall be permitted between February I and June 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 5) Unless specifically altered herein, this permit authorizes the outfall pipe, rip rap and gabion system, and coffer dam, all as depicted in the -attached permit application, project narrative and workplan drawings. 6) The coffer dam shall be left between the work area and the river until the completiori of the in -water work. A turbidity curtain shall be installed around the coffer dam during all phases of installation and removal of the coffer dam and shall remain in place for a 24-hour period after installation and removal, or until the project areas has returned to ambient conditions, whichever is greater. 7) No excavation or filling shall take place outside the coffer dam. 8) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 9) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricant's, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Brunswick County Public Utilities ADDITIONAL CONDITIONS Permit No. 38-20 Page 3 of 5 10) The rip rap and gabion system shall consist of clean granite, marl, or broken concrete. Materials shall be of a sufficient size and design to prevent its movement from the approved alignment by wave or current action. The permittee shall be responsible for immediate removal of any materials or debris that becomes dislodged or moves outside the authorized alignment. 11) The fill material shall be clean and free of any pollutants except in trace quantities. 12) No attempt shall be made by the permittee to prevent the full and free use by the publicQf all navigable waters at or adjacent to the authorized work. 13) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. Sedimentation and Erosion Control 14) The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under Erosion and Sedimentation Control is covered by way of Permit No. BRUNS-2020-016. An Erosion and Sedimentation Control Plan modification may be required for this project. If required, this modification must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this modification to the Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 15) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 16) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 17) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. Stormwater Management 18) The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SWG-04-040114. A Stormwater Permit modification may be required for this project. If required, the permittee shall receive a Stormwater Management modification from DEMLR prior to the initiation of any construction. Any violation of the permit approved by the DEMLR shall be considered a violation of this CAMA permit. Brunswick County Public Utilities ADDITIONAL CONDITIONS Department of Natural and Cultural Resources Permit No. 38-20 , Page 4 of 5 / 19) Prior to the initiation of any land -disturbing activities authorized by this permit, the perinittee shall, in coordination with the N.C. Department of Cultural Resources (NCDCR), develop and implement an archaeological survey of the project area located after the pavement ends near 9550 Hooper Road NE. Initiation of permitted land -disturbing activities within this designated area shall not begin until written approval is obtained from NCDCR, and a copy of such approval has been submitted -to the Division of Coastal Management. 20) In order to satisfy concerns of the Department of Natural and Cultural Resources, the permittee shall implement a monitoring procedure for the project area outside the survey area described in Condition No. 19 of this permit. The monitoring shall include: 21) 22) a. If additional cultural resource(s) are identified during monitoring and/or construction, all work will be halted within the limits of the resource(s) and the Office of State Archaeology (OSA) will be contacted. The OSA will initiate the coordination required for a determination of eligibility or recover effort. If after consultation between the County and OSA, additional mitigation is determined necessary, the County, in consultation with OSA, will develop and implement appropriate protection/mitigation measures for the resource(s). Inadvertent or accidental discovery of human remains will be handled in accordance with North Carolina General Statute 65 and 70. USACE Conditions Measures (such as turbidity curtains or other types) must be taken to keep turbidity and the contribution of suspended solids to a minimum during construction and de -watering of the cofferdam for the outfall construction in the Cape Fear River. General If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. 23) Any mitigative measures or environmental commitments specifically made by the applicant in the narrative for this project shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 24) Any necessary easements or similar legal instruments shall be obtained prior to the initiation of development. 25) . This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 26) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. Brunswick County Public Utilities Permit No. 38-20 Page 5 of 5 ADDITIONAL CONDITIONS 27) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permits 7 and 12 (Action ID SAW-2020-00339) issued 3/30/20. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-0.154. NOTE: The permittee is advised that if water utilities or new wells are required to service the authorized development, plans and specifications for all new waterlines should be submitted and approved by the Public Water Supply Section prior to the initiation of construction. Furthermore, water supply wells must be approved by the county in which the subject property is located, and local cross -connection requirements maybe required. Public Water Supply can be contacted at (910) 796-7215. NOTE: A National Pollutant Discharge Elimination System Permit has been issued for the project under NC0057533. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $475 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. 0 Applicant: DIVISION OF COASTAL MANAGEMENT Application Processing Notes C✓� o -3Oiln N \Ukuo Type: (Check all that apply) New Y Major Mod __ -_- Permit# _ Minor Mod ._— —._ Renewal Transfer Permit Coordinator:�G -- ---- Field Representative:_-.._��_ Date Time Message al n�atxD ftC-C-\qd i0 q,4IL7 Jasm", (OCW) rl 1�ro�� CA+" a ( rtwq,k6 YJ R?roJQ �4ZVO .+l-10 v; J0 V4?-�TW5 0--M.JpQr� lw44�v f VX, .(S t6gw-Ak &Acl ofta ao PPS -,1 i ace";fs . Rfc' -6Ws k1� L(�Cli �5�3Ii1[3�t���/go ,40 (f�'dvlRk �41i,� rJ(1� 3(t� ,1 M DCM Coordinator: j3D� AP, Permit #: 38 ZO MAILING DISTRIBUTION SHEET Permittee: ?n.Ks,,,;ck/l�t'�rfirS(Le�S �o ( Z�i�'✓eJ/ti�� Agents: (et, �a�l5i�� �L�NSMtr . toM1 / �%�tN N icLD (S o o. A;a6 (9 Z042Z DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City tWilmingtoj QM ) * (OBJECTIONS US ACOE Offices: t QsY9 1 Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) ' Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdecgov An Heidi Cox (WIRO) Anne Deaton IDavid Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Natural Heritage Program Robb Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDdT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Rodney Butler LPO: (NCDOT) Travis Wilson gem MP-1 APPLICATION for Major Development Per (last revised 12127/06) m North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (If applicable) Brunswick County Public Utilities Northwest Water Treatment Plant Expansion and Upgrades and Concentrate Discharge Pipeline Applicant 1: First Name MI Last Name John Nichols Applican12: Firs) Name MI Last Name It additional applicants, please attach an addaonal paysia) with names listed. Mailing Address Po Box city State 249 Bolivia INC ZIP Country Phone No. FAX No. 28422 USA 910-253-2857 ext. Stroll Address Of dMerent from above) CNy stateZIP 250 Grey Water Road NE 7Supply NC 28482- Email bob.tweedy@brunswickcountyna gov 2. AtienHContractor Information Business Name CDM Smith Agent/ Contractor 1: First Name MI Lad Name Jason Hales Agentl Contractor 2. First Name Ml Lad Name Kelly Boone Mailing Address PO Box city State 5400 Glenwood Avenue, Suite 400 Raleigh NC ZIP Phone No.1 Phone No. 2 27812 910-5i;-1832 am. 919-325.3508 ext. FAX No. Contractor# Street Address pt dMerent from above) City State ZIP Email RECEIVED halesjc@cdmsmfth.com RECEIVED <Form continues on back> JAN 757 2020 DCM WILMINGTON, NC FEB 192020808-2808 .. 1-88e-4ncnAST .% www.nocaas t:rlru :,n„},v w,+u t.n,•P DCM-MHD CITY Form DCM MPA (Page 3 of 6) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 3954 Clearwell Drive NE NS-99044 Subdivision Name City State Zip Leland NC 28451 - Phone No. Lot No.(s) ifftnarry, e1bcA addaonal page with #s0 910 - 263 - 2680 ext. I I , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Cape Fear Cape Fear River, Hood Creek, Bay Branch c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project ale. ®Nalural ❑Manmade ❑Unknown Cape Fear River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, Ilatthe planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. 4- Site Description a. Total length of shoreline on the tract (ft.) b. We of entire tract (sq.lt.) 767 ft - cul ll tract - Parcel #00600015 4,033,241 - entire project area c. Size of Individual lots) d. Approximate elevation of tract above NHW (normal high waled or NWL (normal water level) (If man; lot sizes, please attach additional page with a list) 0-25 ®NHW or ❑NWL e. Vegetation on tract Forested uplands along the raw water main, at the water treatment plant and along the proposed concentrate discharge pipeline oorridorthat contain immature stands of loblolly pine, long leaf pine, water oak sweet gum, red maple and tulip poplar. Adjacent to the Cape Fear River are stands of mature red oak species and loblolly pines. The wetland areas contain high pocosin, bay forest, coastal plain small stream swamp and emergent habitats. The high p000sin has a dense undergrowth of fetter -bush, large gallberry, ink berry and blueberry with a sparse canopy of loblolly pine, pond pine and laurel bay. The bay forest contains a sparse understory with thick greenbrier and a dense canopy of young red maples, loblolly pine and sweet gum. The coastal plain small stream swamp consists of mostly hardwood trees including black gum, water oaks, red maples, along with some cane, and ferns. The emergent wetlands contain species of rush and various grasses. The remaining portion of the alignment is outside of wetlands, and the property consists of wooded land and residences. The wooded land consists of planted pine species, ranging from approximately twenty years to forty years in age with an open to moderately dense understory of young pine trees and oaks. f. Man-made features and uses now on tract The current water treatment plant, paved roadways, maintained right-of-ways, utility lines, residences, silviculture and undeveloped land. g. Identify and describe the existing land uses solace to the proposed project ails. Habitat and land use types adjacent to the proposed project site include paved roadways, maintained right-of-ways, utility lines, residences, uplands, wetlands, streams and the Cape Fear River. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? RR - Rural Low Density Residential (Altach zoning compliance certificate, if applicable) Was ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Dyes ®No k. Hasa professional archaeological assessment been done for the trod? If yes, attach a copy. ❑yes JWgWVED If yes, by whom? RECEIVED FEB 112020 2SY.-808.2808 .. 1-888-4RC 0A&ffn:1 n c c 0 a s t a l m anacgemen DCM-MHD CITY Form DCM MP-1 (Page 4 of 6) APPLICATION for Major Development Permit I. Is the proposed project located In a National Registered Historic District or does It bwolve s []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> m. (I) Am there wetlands on the site? (It) Are there coastal wetlands on the site? ®Yes ❑No ❑Yes ®No (lit) If yes to either (I) or (II) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. On -site sanitary waste at the Northwest WTP is disposed through septic system. Fitter backwash from the water treatment process is discharged into Hood Creek. o. Describe existing drinking water supply source. LCFWASA water main (water from the Cape Fear River); water Is treated at the Northwest WTP p. Describe existing storm water management or treatment systems. Existing Stormwater Permit for Northwest WTP is SW8 091204. Minor modification for Northwest WTP Stormwater Permit was approved by DEQ on 10/07)2019. Coverage under SWG040000 (Linear General Permit) for the concentrate discharge pipeline was approved by DEQ on W27/2019 (COC SWG04 040114). Northwest WTP site will still meet requirements for low -density classification. 5. Act/vltles and Impacts a. Aill the project be for commercial, public, or private use? ❑Commercial ®Pubiic/Government ❑ Pdvate/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. Brunswick County Public Utilities is expanding its Northwest Water Treatment Plant(NWfP) from 24 million gallons per day (mgd) to 45 mgd and upgrading its treatment process to Include advanced treatment (low-pressure reverse osmosis) to repave perfluorinated compounds (i.e., Gen X) and other emerging contaminants found in its raw water supply. Construction of an outfall at the Cape Fear River is required to dispose of water from the treatment process. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where It is to be stored. Construction for the existing NWTP site, the new raw water main, the new discharge pipeline and the discharge at the Cape Fear River will use standard construction procedures. Equipment to be used includes trenching equipment, trackhoss, bulldozers, dump trucks, cranes, barges in the river, pile driving equipment, directional bore equipment, paving equipment, and tree clearing equipment. Mats will be used in areas of planned temporary wetland impacts. d. List all development activities you propose. Work at the Northwest Water Treatment Plant site includes additional rapid mixers and filters, with an upgraded clarifier, a new low pressure reverse osmosis facility, a new chlorine control and storage building, residuals handling facilities improvements and associated facilities and site improvements. All work at the water treatment plant will occur outside of jurisdictional areas. The project also includes approximately 1,800 feet of new 364nch raw water pipeline from the water treatment plant to conned to an existing raw water main. This raw water main will cross two unnamed tributaries of Hood Creek with adjacent wetlands with open -cut construction. The project also includes the construction of approximately 4 miles of new pipeline to convey concentrate from the reverse osmosis process at the water treatment plant for discharge to the Cape Fear River. The 4-mile concentrate pipeline will be constructed primarily along road right-of-ways. This 4-mile pipeline crosses four wetland areas with a combination of open -cut construction and horizontal directional drilling where it is practicable. The outfall at the Cape Fear River will be constructed with excavation using a cofferdam A detailed construction outline describing the materials and methods for the Cape Fear River outfall is attached. e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 33 .CiCw.Ft V9bres VELD g. Wll the proposed project encroach on any public easement, pudic acoesswey or other area ®Yes ❑No that the public has established use of? FM 1 12020 2 5 2 - 9 0 a - 2 8 0 a .. 1.8It 0.4N C OA 6T .. www. n c c o a s to l m a rPhMYYJlrM!NMT0N, NC FEB 19 2020 Qrw-noun c)ry Form DCM MP-1 (Page 5 of 6) APPLICATION for Major Development Permit Describe location and type of existing and proposed discharges to waters of the state. Existing discharge into Hood Creek will be maintained. D scharge to the Cape Fear River is proposed. I. Wit If yes, will this discharged water be of the same salinity as the receiving water? ®Yes ONO ❑NA a there any mtilgatlon proposed? Elves ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 6. Addi Nonal Information In addition to this completed application form, (MP-1) the following items below, It applicable, must be submitted In order for the application package to be complete. Items (a) — (0 are always applicable to any ma/or development application. Please consult the application instruction booklet on how to properly prepare the required Items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A she or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the ske. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made pays We to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mall. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coastal Management. Name Hooper Hill Land Company Inc. Plane No. Address 287 Chelsea BNd,Plainfield, NJ 07052-1704 Name Bluffs on the Cape Fear POA Inc. Phone No. Address PO BOX 3728,Pinehurst, NC 283743728 Name James Z. Godwin 11 Phone No. Address 1207 Castle Heyne Rd, Wilmington, NC 29401 g. A Ilat of previous state or federal permits Issued for work on the project tract. Include permit numbers, permlttee, and issuing dates. Stormweter Permit SW8091204(DWR, 1017/19) Stormwaler Permit SVVG04 040114 (DWR, 9127/19) Erosion and Sedimentation Control BRUNS-2024010 (DEMLR, NPDES Permit 8 NCO057533 (2/2812018). Wig) and BRUNS-20204028 (DEMLR, 10/29/19) It. Signed consultant or agent authorization form, If applicable. I. Wetland defineatlon, If necessary. I. A signed AEC hazard notice for projects In ooeanlront and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), It necessary. If the project Involves expenditure of pudic: funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued In response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit pp��((�+IVED I certify that 1 am authorized to grant, and do in fact grant permission to representatives of state and federal r�vlA1A' encres to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. FEB 1 12020 1 further certify that the information provided in this application bWAf 6„�hhe best of my knowledge. NC 2!0-808-2.808 ., 1-1188-41tCDAST ,. www.flecoastaimauntle FEB 18 2020 nr`M1.11Rr-r^ ^•-w Form DCM MP-1 (Pape 6 of B) APPLICATION for Major Development Permit Date Print Name `_J GS�� �-i �'A Signature Please indicate application attachments pertaining to your pro sed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED FEB 19 2020 DCM-MHD CITY RECEIVED FEB 11 2020 DCM WILMINGTON, NC 252.8011.2008 .. 1�80a-41RGOAS'1 ., www.uc<:ua;.tal m�ur�ll� un•�rt.uct iL (11 EVE D Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) MAA 1 . 2020 WIP SECTION MHD Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 40 Width 30 Avg. Existing NA NA 10 Depth Final Project NA NA 10 Depth L 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Sand, silt and clay river sediment. 15 c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 32 or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: Installation of discharge pipe and protective structure. 2. DISPOSAL OF EXCAVATED MATERIAL This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Temporary storage on barge and adjacent uplands onsite 50' x 50' within the construction easement. Upland disposal area will be located within the limits of disturbance shown on (sheet C-CP-27, Plan set 2 of 2). c. (1) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ENA ❑Yes []No ENA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ENo [_]NA or other wetlands (WL)? If any boxes are checked; provide the number of square feet affected. () yes, If es, haw much water area is affected? ❑CW ❑SAV ❑SB ❑WL ENone III) Describe the purpose of disposal in these areas: 252-808-2808 :: 9-888.4RCOAST :: wvvw.nccoastalmananement.not revised: 12126106 Forme ®CM MP-2 (Excavation and Fill, Page 2 of 3) g Temporary storage. Materials to be placed back into Cape Fear MAR 2020 River at excavation location. NIP SECTIOM P,IH® a. Type of shoreline stabilization: b. Length: 30 [-]Bulkhead ®Riprap ❑Breakwater/Sill ®Other: Width: 30 Maccafern Terramesh System with Green Face (Gabion Wall) — c. Average distance waterward of NHW or NWL: 3 d. Maximum distance waterward of NHW or NWL: 10 e. Type of stabilization material: I. (i) Has there been shoreline erosion during preceding 12 Maccaferri Terramesh System with Green Face (Gabion Wall) months? above and near NHW. Rip rap near and below NHW. ❑Yes ®No DNA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfll _ Riprap _ Gabion Wall. Breakwater/Sill Other 100 I. Source of fill material. Quarry 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? ®Yes ❑No DNA b. (1) Will fill material be placed in coastal wetlands/marsh (CW). If yes, (11) Amount of material to be placed in the water 10 cubic vards (Ili) Dimensions of fill area 40' x 30' (iv) Purpose of fill Outfall structure prolection.Crushed stone and Class B rip rap. 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? A cofferdam will be constructed to isolate the work area in the river. Excavated material will stored on barges or the adjacent uplands onsite. Standard sediment erosion control procedures will be used. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ®None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? A detailed construction outline describing the materials and methods for the Cape Fear River outfall is attached. c. (i) Will navigational aids be required as a result of the project? d. ®Yes ❑No DNA (ii) If yes, explain what type and how they will be implemented. Possibly. If required by Coast Guard Sector North Carolina. (i) Will wetlands be crossed in transporting equipment to project site? [--]Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 411 work at the WTP will be constructed in upland areas, stream and wetland crossings are necessary for the raw water main and discharge pipeline. The pipeline was designed to fallow road right-of-ways to minimize impacts to streams and wetlands. Horizontal directional drilling will be used to avoid impacts to 252.808.2808 :: 1-8884RCOAST :: vvww.nccoastaimanaoemont.net revised: 12/26106 Form DCP.d MP-2 (Eucavation and Fill, Page 3 of 3) 3 �izlzsav Date Northwest Water Treatment Plant Expansion and Upgrades and Concentrate Discharge Pipeline Project Name Jason Hales Applicant Name Ap Signalure streams and wetlands where practical. Erosion and sedimantation control measures will be used throughout the project to prevent sediment from reaching downstream waters and wetlands. Met will be used In areas of planned temporary impacts. MAR 1 9 2020 FVIP SECTION MHD revised'. 10 n Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. Northwest Water Treatment Plant site work includes additional rapid mixers and fitters, with an upgraded clarifier, a new reverse osmosis facility, a new chlorine control and storage building, residuals handling facilities Improvements and associated facilities and site improvements. The project also includes the construction of approximately 1,800 feet of 36-inch raw water pipeline from the existing raw water main, approximately 4 miles of discharge pipeline to the Cape Fear River, and the outfall at the Cape Fear River. New structures: 7 • Reverse Osmosis Building including Electrical Building • Chlorine Building • Covered Vehicle Storage Canopy • Chemical storage and feed facilities • Emergency generator • Filler equalization tank Expanded structures: 4 • Fitters (adding fillers) • Rapid Mix Basin and flow sputter box (abandoning existing and replacing) • Residuals thickener (adding one thickener) • Plant road and parking areas Number of lots or parcels. N/A c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre). ditches, etc. N/A 33 acres e. If the proposed project will disturb more than one acre of land, the f. List the materials (such as marl, paver stone, asphall, or concrele) Division of Land Resources must receive an erosion and to be used for Impervious surfaces. sedimentation control plan at least 30 days before land -disturbing activity begins. Concrete, asphaltpavement (replacement of existing (I)pavement only). marl and class B rip rap along pipeline) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resourcas9 route, plus buildings/Structures at WTP site. ®Yes ❑No ❑NA -- (II) Ifyes, list the date submitted: WTP permit: submitted 8/20/19 and approved 9/5/19 (BRUNS-2020-016). Concentrate discharge pipeline permit: submitted 10/9/19 and approved 1029/19 (BRUNS-2020-026). RECEIVED FEB 11 2020 FEB 19 2020 DCM WILMINGTON, NC 2::7 1108-20002 :: 1-0011ARGOAST:: www.occoastaimanat)em!!nl•oat rovisod: 12l'l6+00 Form DCM MP-3 (Upland Development, Page 2 of 2) g. Give the percentage of the tract within the coastal shoreline AEC to be covered by Impervious and/or butt -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. N/A. I. Give the percentage of the entire tract to be covered by impervious and/or bulk -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. —2% (96.808 sqft) j. Describe proposed method of sewage disposal. Septic system. I. Describe locelion and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industriae commercial effluent, "wash down' and residential discharges). Discharge into Cape Fear River. m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) LCFWASA raw water main (water from Cape Fear River); water is treated at Northwest WiP o. When was tiro lol(s) pIetted and recorded? N/A A////rZ,>2J Date Northwest Water Treatment Plant Expansion and Upgrades and Concentrate Discharge Pipeline Project Name Jason Hales Applicant No Applksnt nature h. Projects that require a CAMA Major Development Permit may also require a Stormweter Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ®Yes ONO ❑NA (a) If yes, list the date submitted: Coverage under SWG040000 (Linear General permit) for the concentrate discharge pipeline was requested and was approved by DEQ on 9/272019 (permit CDC SWG04 040114).Existing Stormwater Permit for Northwest WfP SW8 091204. Minor modification was approved by DEQ on 10/72019. k. Have the facllittes described In Item () received able or local approval? ❑Yes ONO ❑NA If yes, attach appropriate documentation. m. Does the proposed project Include an Innovative stormwaler design? ❑Yes ONO ®NA If yes, attach appropriate documentation. n. (I) W11 water be impounded? Oyes ®No ❑NA (ii) If yes, how many acme? P. If proposed development Is a subdivision, will additional utilities be Installed for this upland development? ❑Yes ONO ®NA 252-808.2808 :: 11.888.414COAST :: wwvy.nccnrst}rhnruurOoment.net RECEIVED FEE 19 20P0 DCM-MHD CITY RECEIVED FFB 11 2020 DCM WILMINGTON, NC roviimil: 12i2ef06 RECEIVED Form DCM MP-4 MAR 1 ? 2020 STRUCTURES (Construction within Public Trust Areas) MP SECTION LIPID Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ❑Pdvate/Community a (i) Dock(s) and/or pier(s) (li) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No e. (I) Are Platforms included? [_]Yes ❑No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (it) Number of slips existing I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required []Other; please describe: k. Typical boat length: _ m. (I) Will the facility have tie pilings? []Yes ❑No (ii) If yes number of lie pilings? ®This section not applicable b. (i) Will the facility be open to the general public? ❑Yes []NO d. (i) Are Finger Piers included? []Yes ONO If yes: (ii) Number (iii) Length (iv) Width (v) Floating [_]Yes ❑No f. (i) Are Boallifts included? ❑Yes ❑No If yes: (it) Number (iii) Length IN) Width In. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: J. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (i) Will the facility be open to the general public? ❑Yes ❑No 252-808-2808 :: 1-888-4000AST n .nccoastaimanamement.net revised: 12/27106 Form ®CM MP-4 (Structures, Page 2 of 4) MAR 1 3 2020 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpoul; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing Industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the madnaidocking facility proposed within a primary or secondary nursery area? ❑Yes []No 252-808.2808 :: 11-888-8RCOAST :: w v.nccoastaEmananernent.net revised: 12/27/06 Form ®CM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAW shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (I) Is the boathouse structure(s): [--]Commercial ❑PublictGovernment ❑Private/Community (it) Number (ili) Length _ IN) Width Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (it) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the struclure(s): [--]Commercial ❑Public/Government ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) MAR 1 3 2020 252.808.2808::9.888-4RCOAST:: vvvvvv.nccoastalmanaaoment.net kP SEGR 1 (MED Perak DCM € P-4 (Structures, Page 4 of 4) F � �' 77 F 6111-' ) a. Proximity of structure(s) to adjacent riparian property lines 15' Note: For buoy or mooring ping, use arc of swing including length of vessel. c. Width of water body —250' e. (I) Will navigational aids be required as a result of the project? ®Yes ❑No ❑NA pi) If yes, explain what type and how they will be Implemented. Possibly. If requried by Coast Guard Sector North Carolina. b. Proximity of structures) to adjacent docking facilities. N/A d. Water depth at waterward end of structure at NLW or NWL 26 8., OTHER ❑This section not applicable a. Give complete description: The project includes the installation of an 18-inch diameter outfall pipe with protection below NHW line the Cape Fear River. The outfall pipe will be reduced to 8-Inches in diameter at the end prior to discharge. Construction will include upland excavation and bank stabilization, horizontal directional drilling (HDD) and in -water excavation using a cofferdam.The dimensions of the outfall protection area Is approximately 30' wide by 70' long. The portion above NHW is approximately 30' wide by 30' long. The portion below NHW is approximately 30' wide by 40' long. The portion below NHW will include rip rap and a cast in place concrete frame at the end of the outfall pipe (Sheet S-1 and S-2, Plan set 2 of 2).The frame is approximately 8' wide by 13' long by 7' tall. Approximately 120 feet of temporary sheet plle will be used for the outfall Installation. A site plan and a detailed construction outline describing the materials and methods forthe proposed outfall and HDD is attached. 7// 2 /202 Date Northwest Water Treatment and Expansion Project Project Name Jason Hales Applicant Name / AppOT n MAR 1 � 2020 MP SECTION MHD 252.808.2008 :: i-688.4RCOASS :: wv{w.�ucc_o_st�cimanageenen2.�aet _ revised: 12i27/e6 NWTP Wetland and Stream Crossings and Impacts Summary Crossing Feature Label Impact Label Impact Description Impact Type Impact Area square feet Impact Length linear feet Crossing Length under feature linear feet Crossing Depth under feature feet Stream Feature PSi Si bank stabilization Permanent 30 Cape Fear River Psi ICHW1 install outfall Permanent 12001 1 Cape Fear River PSi JCHW2 staging pipe in river Temporary 2180 Cape Fear River i W1 HDD 45 -20 151 HDD 10 -20 UT to Cape Fear River W2 HDD 650 -30 W2 W2 HDD staging and access Temporary 5020 2 W2 HDD 300 -15 IS2 HDD 10 -15 UT to Hood Creek 3 W4 HDD 100 -15 P52 HDD 10 -15 Bay Branc 4 W8 W8 surface installation Permanent 5340 900 -3 5 W12 W12 surface installation Permanent 3040 480 -3 6 W13 W13 surface installation jPermanent 1 730 120 - 7 W22 W22 surface installation Temporary 1085 50 -3 IS4 S2 surface installation Temporary 1 2501 25 10 -3 UT to Hood Cree 8 W24 W24 surface installation Temporary 1 3561 20 -3 ISS IS3 surface installation Temporary 1 2501 25 10 -3 UT to Hood Creek Impact Totals Total Temporary Wetland Impacts Total Permanent Wetland Impacts Total Temporary Stream Impacts Total Permanent Stream Impacts Total Temporary OHW Impacts Total Permanent OHW Impacts squarefeet linearfeet acres 6461 0.148 9110 0.209 S00 50 0.011 30 2180 0.050 1200 0.028 MAR 1 9 2020 FIFP SECTION NIHD DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Brunswick County Public Utilities rlo John Nichols COUNTY: Brunswick PROJECT NAME: Northwest Water Treatment Plant Expansion LOCATION OF PROJECT: 3954 Clearwell Drive NE., Adj to Cape Fear River, Leland DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-11-20 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: MacPhers n DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMIT UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 2-23-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 4-26-20 MAIL OUT DATE: 2-19-20 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: N/A DISTRICT OFFICE: WILMINGTON FEE REC'D: $475 (60140)#1846410 END OF NOTICE DATE: 3-15-20 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 3-15-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep 5&S tw DCM - LUP Consistency Determination 3 Zb Local Permit Officer Corps of Engineers - Regulatory Branch DWR-401 Section DWR-Public Water Supply P"Ah DEMLR - StormwaterDEMLR - Sed and Erosion rM�DOA - State Property Office Wildlife Resources Commission LS to i t(b - 3b DMF - Shellfish Section DMF - Habitat & Enhancement 3 (] Zv Fes-3v J DNCR-Archives& History ��7� iU DNCR - Natural Heritage Program // NCDOT 3 RECEIVE NC Dept of Commerce I� 'itrr1TP _ 'I DCM-MHD CITY Recommendations for State Permit Brunswick County Public Utilities (NW Water Treatment Plant Expansion/Upgrades) It is the staffs recommendation that the proposed upland activity, pipeline installation and outfall construction adjacent to the Cape Fear River is CONSISTENT with the Rules of 15 NCAC 7H.0209(d) Use standards for Coastal Shorelines and 15 NCAC 71-1.0208(a)(1) General Use Standards, which includes utility crossings. This office has no objection to the proposed work provided it is consistent with all other state and federal permitting requirements and the proposed outfall is marked for navigation purposes. MAR 5 2020 MP SECTION MHD NORTH CAROLINA Enmronmenml 01,ohly February 19, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnarCgi NCDEN R.gov SUBJECT: CAMA/Dredge & Fill Application Review ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Applicant: Brunswick County Public Utilities Project Location: 3954 Clearwell Drive NE adjacent to Cape Fear River, in Leland, New Hanover County Proposed Project: Proposal to expand and upgrade the Northwest Water Treatment Plant facilities, adding a low pressure reverse osmosis treatment to remove perfluorinated compounds (GenX) & emerging contaminants found in raw water supply, with a new water discharge outfall on the Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by March 15, 2020 If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. 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. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation s.l. 1,;•r MAR g 2020 SIGNATURE tc _ for Shannon Jenkins P SECTIC' 1J vK.17 bATE 03/06/2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER G ..Tn"r MICHAEL S. REGAN S-•--y- BRAXTON DAVIS 1 ]rnarnr. )ln'tnwr ql �'uoan! ,1 fmwgrmam February 19, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregn. bodnarANCDENR.Clov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Brunswick County Public Utilities Project Location: 3954 Clearwell Drive NE adjacent to Cape Fear River, in Leland, New Hanover County Proposed Project: Proposal to expand and upgrade the Northwest Water Treatment Plant facilities, adding a low pressure reverse osmosis treatment to remove perfluorinated compounds (Gen)Q & emerging contaminants found in raw water supply, with a new water discharge outfall on the Cape Fear River. Please Indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by March 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" _ This agency has no comment on the proposed project. 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. PRINT NAME 0- 1 4 W AGENCY N C V n 0 7 �D ih ✓�t f� / �-° q� -I RZECEP�i RED SIGNATURE -Z P/I _ MAR 5 2020 DATE 3 1 S'1 ZO } pp P� State of North Carolina i Environmental Quality I Coastal Management •pp"I P SECTION 11579 � 1.y 127 Cardinal Drive Ext., Wilmington, NC 29405 9197967215 Bodnar, Gregg From: Christenbury, Mike Sent: Thursday, March 5, 2020 10:39 AM To: Bodnar, Gregg Subject: RE: Brunswick Co. Public Utilities Gregg: I have no comments from the Brunswick County Land Use Plan perspective. There are no policies that are inconsistent with what is proposed. Let me know if you have any questions. Thanks. -MikeC Michael Christenbury, Wilmington District Planner North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 910-796-7475 www.nccoastaimanagement.net Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Thursday, March 5, 2020 10:31 AM To: Christenbury, Mike <mike.christenbury@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Jenkins, Shannon <shannon.jenkins@ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov>; Gledhill-earley, Renee <renee.gledhill-earley@ncdcr.gov>; Connie Marlowe <Connie.Marlowe@brunswickcountync.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; Zeigler, Mark D <mzeigler@nccommerce.com> Subject: Brunswick Co. Public Utilities Morning all, I apologize for the mass email request and knowing that our requested date for comments is 3/15/20. 1 have been requested to check in with any remaining agencies to ask for comments. If you have any additional information requests please forward them ASAP. Otherwise if you can provide any comments ASAP I would be appreciate it greatly. a NORTH CAROLINA Environmewol Quaitty February 19, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areg4. bodnar(5)NCDENR.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Brunswick County Public Utilities ROY COOPER Govemor MICHAEL S. REGAN Secrewy BRAXTON DAVIS Director, Division ofCoastol Management Project Location: 3954 Clearwell Drive NE adjacent to Cape Fear River, in Leland, New Hanover County Proposed Project: Proposal to expand and upgrade the Northwest Water Treatment Plant facilities, adding a low pressure reverse osmosis treatment to remove perfluorinated compounds (GenX) & emerging contaminants found in raw water supply, with a new water discharge outfall on the Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by March 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See: The NW Water Treatment facilities expansion will require Erosion & Sediment Control Plan, NCG01 Permitting and Post -Construction Stormwater Permitting application and approval prior to any activity. This agency objects to the project for reasons described in the attached comments. P_liI_NT NAME Dan Sams AGENCY DEMLR RECEIVED SIGNATURE �a dert�am. F E B 2 5 2020 DATE February 25, 2020 MP SECTION MH® State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Bodnar, Gregg From: Bodnar, Gregg Sent: Wednesday, March 4, 2020 2:01 PM To: 'Currey, Gregory E CIV USARMY CELRP (USA)'; kathryn_matthews@fws.gov Subject: Brunswick Co. Public Utilities Attachments: Bruns County Comments Attached NCNHP Bodnar.pdf Afternoon all, I have attached above a copy of comments from NC Natural Heritage Program. These are the first comments of this nature that I have received from them and their comments request USFWS guidance for federally listed species. My assumption is Kathy you would provide Greg any comments of note during your review and USACE coordination. But I don't want to assume so I thought I would touch base with everyone. Thanks for the help, Gregg AREA a mu:a.\ - - - - - Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 80 2800 eM 215 (Office) Greaa.Bodna r0ncdenrgov Email correspondence to andf vre this address is subject to the North Carm#na Public Records Low and may be disclosed to third partks. NORTH CAROLINA @nvu onmenml Oualitr February 19, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) nregn.bodnar cD..NCDENR.gov SUBJECT: CAMA /Dredge & Fill Application Review ROY COOPER Govemo, MICHAEL S. REGAN Secretary BRAXTON DAVIS Dwcem Dh,,Mn ajCoaslal Management Applicant: Brunswick County Public Utilities Project Location: 3954 Clearwell Drive NE adjacent to Cape Fear River, in Leland, New Hanover County Proposed Project: Proposal to expand and upgrade the Northwest Water Treatment Plant facilities, adding a low pressure reverse osmosis treatment to remove perfluorinated compounds (GenX) & emerging contaminants found in raw water supply, with a new water discharge outfall on the Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by March 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. _XXX 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. PRINT NAME: Rodney A Butler AGENCY: NC Natural Heritage SIGNATURE Rodney Butler RECEIVED DATE 3/2/2020 MAR A 2020 F10 SECTION MHD State ofNonh Carolina I Environmental QoalityI Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 b was Roy Cooper, Governor M0 NC DEPARTMENT OF Susi Hamilton, Secretary =_= NATURAL AND CULTURAL RESOURCES a sign Walter Clark, Director, Land and Water Stewardship NCNHDE-11527 March 2, 2020 Gregg Bodnar NC Coastal Mgmnt 400 Commerce Avenue Morehead City, NC 28557 RE: CAMA Major Application: Brunswick County Public Utilities Dear Gregg Bodnar: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httos //www.fws.goy/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler(alncdcr.aov or 919-707-8603. Sincerely, RECEIVE® NC Natural Heritage Program MA(T , 2020 PAP SECTION AlHr- DEPARTMENT OF NATURAL AND CULTURAL RESOURCES ® 121 W. JONES STREET, RALEK;H. NC 21603 • *6 l MAIL SERVICE CEhd 1ER. RALEIGH. NC 21699 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area CAMA Major Application: Brunswick County Public Utilities March 2, 2020 NCNHDE-11527 lement Occurrences Documented Within Project Area ascular Plant 14196 Clinopodium georgianum Woodpecker Georgia Calamint 1994-03-19 D 3-Medium --- Endangered G5 S1 o Natural Areas are Documented within the Project Area o Managed Areas Documented within the Project Area =finitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.ora/content/heir. Data query generated on March 2, 2020: source: NCNHP, Q1 Jan 2020. ease resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. CO) 1M a 0 ngg ri N o rn rn Page 2 of 6 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area CAMA Major Application: Brunswick County Public Utilities March 2, 2020 NCNHDE-11527 lement Occurrences Documented Within a One -mile Radius of the Project Area xonomic roup EO IDr . Scientific Name Common,Name`IF .,.Sm�.,ateR�4iIx , �,. Acctira—cy c Observation - Occurrence r£ Date. .<Rank� .i „Fedralp Statuses (State gGIbaIStatE Status' " Renk� Ra ik ird 4392 Picoides borealis Red -cockaded 1979-02 H 3-Medium Endangered Endangered G3 S2 Woodpecker ragonfly or 33738 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S2? amselfly georgiana Low Rare ragonfly or 33765 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S2? amselfly georgiana Low Rare reshwater 24385 Villosa delumbis Eastern Creekshell 1980s-Late H 3-Medium --- Significantly G4 S4 ivalve Rare reshwater Fish12176 Acipenser Shortnose Sturgeon 2016-04-07 E 5-Very - Endangered Endangered G3 S1 brevirostrum Low reshwater Fish38937 Acipenser oxyrinchus Atlantic Sturgeon 2018-09 E 4-Low Endangered Endangered G3T3 S2 oxyrinchus reshwater Fish32375 Enneacanthus obesus Banded Sunfish 2000-04-13 H? 3-Medium --- Significantly G5 S3 Rare_ atural 15542 Brownwater --- 2010 B 2-High --- --- G3G4 S3 ommunity Bottomland Hardwoods (Swamp Transition Subtype) atural 20126 Brownwater Levee --- 2010 B 2-High --- -- G3G4 S3S4 ommunity Forest (Low Levee Subtype) atural 26900 Coastal Plain Small --- 2008-03-20 A 2-High --- --- G4? S4 ommunity Stream Swamp atural 26899 Dry-Mesic --- 2010 CD 2-High --- --- G3G4 S3 ommunity Oak --Hickory Forest (Coastal Plain Subtype) atural 1240 Pine/Scrub Oak --- 2012 C 3-Medium --- G3? S3 ommunity Sandhill (Mixed Oak RECEIVED Subtype) MAR n 2020 Page 3 of 6 lement Occurrences Documented Within a One -mile Radius of the aturai 100/0 1 iaar awarnp --- ommunity (Cypress --Gum Subtype). atural 26898 Tidal Swamp --- ommunity (Cypress --Gum Subtype) atural 9287 Wet Pine Flatwoods --- ommunity (Typic Subtype) eptile 38181 Masticophis flagellum Coachwhip ascular Plant 14196 Clinopodium Georgia Calamint georgianum ascular Plant 10917 Dionaea muscipula Venus Flytrap Area 3 2012 A 2-High 2012 C 2-High 2014-07-07 E 2-High 1994-03-19 D 3-Medium 1994-05-09 F 2-High ascular Plant -22878 Epidendrum magnoliaeGreen Fly Orchid 1981-Fall H ascular Plant 24355 Solidago villosicarpa Coastal Goldenrod 2006-11-03 CD atural Areas Documented Within a One -mile Radius of the Project Area ite:Name Representational Rating ,lligator Branch Sandhill and Flatwoods R5 (General) cod Creek Floodplain and Slopes R4 (Moderate) ower Black River Swamp R1 (Exceptional) lanaged Areas Documented Within a One -mile Radius of the Project Area --- --- G3G4 S4 --- -- G3G4 S4 G3 S3 --- Significantly GS S2 Rare Endangered G5 Sl --- Special G2 S2 Concern Vulnerable 4-Low --- 3-Medium --- 05 (General) C4 (Moderate) C3 (High) iortn American Lana I rust casement riorm American Lana i ruse r nvate 'ape Fear River Wetlands Game Land Dedicated NC Wildlife Resources Commission State lature Preserve :ape Fear River Wetlands Game Land NC Wildlife Resources Commission State lorth Carolina Coastal Land Trust Easement North Carolina Coastal Land Trust Private food Creek Floodplain and Slopes Registered TC61 Timber Company, LLc Private leritage Area Threatened G4 S1S2 Endangered G7 S1 MAR n 2020 efinitions and an explanation of status designations and codes can be found at httos,//ncnhde.natureserve.org/content/helo. Data query generated on March 2, 2020: source: NCNHP, Q1 Jan 2020. NIP SECTION I@IIHD Page 4 of 6 ease resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. E C E I VIIIED MAA n 2020 MP S"CTION MHD Page 5 of 6 G�] � o > N � pmpppaAA � om ul J�B mA Wo ul 12 t m Qp m o 0 G u c 0 W x z r m z c E x 'o m z m w m z m 9 m N Q C 'o a m � m v x g x N a m Z N L m NORTH CAROLINA i iPb: pg4'gNi IIL/irll February 19, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) aregg bodnar(a)NCDENR aov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Brunswick County Public Utilities ROY COOPER MICHAEL S. REGAN S, ,, wi BRAXTON DAVIS (!nr.Nq !>rrUnm nl l 4Attlel launly.m.n/ Project Location: 3954 Clearwell Drive NE adjacent to Cape Fear River, in Leland, New Hanover County Proposed Project: Proposal to expand and upgrade the Northwest Water Treatment Plant facilities, adding a low pressure reverse osmosis treatment to remove perfluorinated compounds (GenX) & emerging contaminants found in raw water supply, with a new water discharge outfall on the Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by Me iCh;_01'],R If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: K This agency has no objection to the project as proposed. F(aik fee &9"et( "Additional comments may be attached** IoCurr� This agency has no comment on the proposed project. 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. PRINT NAME I e 1Q/1\ /3ro ,. C � ED AGENCY _ I1L�bhc wile. �wscv MAR 5 2020 SIGNATURE -111 r.,I MP SECTION MHD DATE 3•N-1U State or North Carolina I Envimnmenml Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 1 ROY COOPER Govemor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality 3/4/20 To: Greg Bodnar, NC Division of Coastal Management From: Mark Brown, NC Public Water Supply, Wilmington Regional Office Subject: CAMA /Dredge & Fill Application Review Applicant: Brunswick County Public Utilities Project Location: 3954 Clearwell Drive NE adjacent to Cape Fear River, in Leland, New Hanover County Proposed Project: Proposal to expand and upgrade the Northwest Water Treatment Plant facilities, adding a low pressure reverse osmosis treatment to remove perfluorinated compounds (GenX) & emerging contaminants found in raw water supply, with a new water discharge outfall on the Cape Fear River. Please forward the following comments to the applicant: Plans and Specifications will be required for this project as it includes expansion of the treatment facility and/or (new chemical treatment, re -location, installation, extends utilities, etc...) involving the public water supply system per Title 15A Subchapter 18C Section .0301 Rules Governing Public Water Systems, Plans and Specifications should be submitted and approved by the Public Water Supply Section for all new treatment plant work and all subsequent utility additions prior to construction beginning. Please also be aware of our separation requirements in regards to water/sewer according to 15A NCAC 18CSection. 0906 Rules Governing Public Water Systems. Check with the local water system for cross -connection requirements for this project. Public Water Supply Section guidelines are listed in Appendix B, Figure 2 in the Rules Governing Public Water Systems but the water system may have additional requirements. Feel free to call us at (910) 796-7215, if you have additional questions. R' _ E 1%f E MAR 5 2020 V— D North Carolina Department of Environmental Quality : Division of Water Resources Wilmington Regional Office: 127 Cardinal Drive Extension l Wilmington. North Carolina 28405 910.796.7215 Siril7 F N is? IN?LiNA February 19, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 26557 Fax: 252-247-3330 (Courier 11-12-09) orecc.bodnar tNCDENR.00v SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Brunswick County Public Utilities ROY COOPER Onrenmr MICHAEL S. REGAN 1'ern4nrl• BRAXTON DAVIS Pirrrmr, N wkinn ofCoamal Alanvgen n Project Location: 3954 Clearwell Drive NE adjacent to Cape Fear River, in Leland, New Hanover County Proposed Project: Proposal to expand and upgrade the Northwest Water Treatment Plant facilities, adding a low pressure reverse osmosis treatment to remove perfluorinated compounds (Gen)g & emerging contaminants found in raw water supply, with a new water discharge outfall on the Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greg a Bodnar at the address above by N18rch 15, 2020s If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" vyP' This agency has no comment on the proposed project. s� p 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. PRINt—NA -0 AGENCY �A� l'A.J.A��f� 0010Ml1RE OtAL&a, Alt 3' �-' o MAR A 2020 EUIP SECTION MHD Slate orNmh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Machelle Sanders North Carolina Secretary Department of Administration State Property Office Tim Walton Director Roy Cooper, Governor March 3, 2020 TO: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 FROM: Wanda Hilliard I'Va4 d i %GlOnee- Real Property Agent Department of Administration/State Property Office SUBJECT: CAMA / APPLICATION REVIEW Brunswick County Public Utilities Location: 3954 Clearwell Drive NE adjacent to Cape Fear River, in Leland, Brunswick County The project may require Easements for relocation of multiple utilities crossing the creeks, marsh & State-owned land provided the applicant qualifies for an easement. Thank you. RECEIVED MAR n 2020 POP SECTION WID State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 11321 Mall Service Ctr. I Raleigh, NC 27699 9198074650 TI Web:http://www.ncspo.com ROY COOPER Governor MICHAEL S. REGAN Setnefory STEPHEN W.MURPHEY Director MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: Anne Deaton, NCDMF Habitat Assessment Program Manager SUBJECT: Brunswick County Public Utilities DATE: Mar 20, 2020 On March 17, the North Carolina Division of Marine Fisheries (DMF) submitted comments of the CAMA permit for this facility, which will include discharging the reserve osmosis concentrate back into the Cape Fear River. Further review of the NPDES permit and fact sheets from the DWR website found that the county did consider other alternatives and none were feasible. I also received clarification from Julie Gryzb, DWR, regarding testing that was required for the NPDES permit to ensure the concentrate is sufficiently diluted and mixed to avoid high concentrations entering the river. Based on this information and given the lack of an alternative method at this time, the division removes its request for additional information. Thank you for the opportunity to comment. Contact Anne Deaton at (910) 796-7311 or Anne.deatonPncdenr.gov with further questions or concerns. RECEIVED MAR 2 3 PnT MP SECTION MHD %"a"Nothing Compares. - State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7bq I Morehead City. North Carolina 28557 252-72b7021 0 NORTH CAROLINA Environmental Qvalro� February 19, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnarCa.NCDENR.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Brunswick County Public Utilities ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division ofCoaslal Management Project Location: 3954 Clearwell Drive NE adjacent to Cape Fear River, in Leland, New Hanover County Proposed Project: Proposal to expand and upgrade the Northwest Water Treatment Plant facilities, adding a low pressure reverse osmosis treatment to remove per luorinated compounds (GenX) & emerging contaminants found in raw water supply, with a new water discharge outfall on the Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greg Bodnar at the address above by March 15,.2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "*Additional comments may be attached" This agency has no comment on the proposed project. X 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. PRINT NAME Anne Deatfln AGENCY DMF RECEIVED MAR 1 7 2020 SIGNATURE PATE 3/17/2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 PAP SECTION MHD ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: Anne Deaton, NCDMF Habitat Assessment Program Manager SUBJECT: Brunswick County Public Utilities DATE: Mar 17, 2020 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to upgrade the Northwest Water Treatment Plant in Leland, NC. The plant will be upgraded to include reverse osmosis to remove perfluorinated compounds and other endocrine disrupting chemicals that occur in the raw water supply. The concentrated effluent from the reverse osmosis process will be discharged back into the Cape Fear River below the water intake at Lock and Dam 1. Discharge flows are estimated to range from 0.7 - 5 MGD. Total estimated impacts to fish habitat include filling of approximately 16,701404 wetlands and 1100 ft2 of open water/soft bottom habitat. This portion of the Cape Fear River is designated by the Marine Fisheries Commission (MFC) as Primary Nursery Area (PNA) and Anadromous Fish Spawning Area (AFSA). PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNAs because they afford food, protection, and proper environmental conditions during vulnerable periods of their life history, thus protection of these areas are imperative. Estuarine juvenile species recruit into the estuary in winter and spring, growing and moving downstream through the summer. Typical estuarine species that occur in this area include southern flounder, Atlantic croaker, spot, and blue crab. Anadromous fish spawning areas are those areas where evidence of spawning of anadromous fish has been documented by direct observation of spawning, capture of running ripe females, or indication of eggs or early larvae. There are six species,that rely on migration upstream through the river to spawn, including striped bass, Atlantic sturgeon, shortnose sturgeon, American shad, hickory shad, blueback herring. American eel migrates downstream to spawn in the ocean. Available data indicates that all of these species have depressed populations. Both state and federal moratoriums on the harvest of nearly all of these species in the Cape Fear have been in place for years to protect what is left of these stocks. Despite the protection from harvest, many of these stocks REC EIVED Nothing Compares.. MAR 1 7 2020 State of North Carolina I Division of Marine Fsheries 3441 Arendell Street I P.O. Box 7691 Morehead City. North Carolina 28557 252-726-7021 MP SECTION MHD minimal signs of recovery, and it is believed that obstructions to spawning and nursery areas by the Cape Fear Locks and Dams plays a major role in preventing these populations recovery. Additionally, striped bass exhibit low natural reproduction and survival. Occurrence of endocrine disrupting chemicals, including per- and polyfluoroalkyl substances (PFAS) in the Cape Fear River and water supply systems has been documented (Sun et al. 2016). These highly persistent chemicals, often referred to as "forever chemicals", are known to be endocrine disrupters, which means they could be affecting the reproductive success of striped bass and other species. Guillette et al. (in press) found high concentrations (40 times greater than hatchery reared control fish) of these chemicals in Cape Fear River striped bass and blood and muscle tissue. The elevated PFAS concentrations in the striped bass were associated with indicators of altered liver and immune systems. High levels of PFAS chemicals have also been found in alligators, catfish, shad, and sunfish (S. Belcher, NCSU, pers. comm.) While removal of PFAS compounds from drinking water is an important step for human health, there are potentially negative consequences to fish populations. While efforts are being made to improve fish passage in the Cape Fear River, this project, releasing a concentrated mix of PFAS back into the water could adversely impact fish at and downstream of the discharge. Filled wetlands will also contribute to degraded water quality. The applicant did not include information on why an alternative disposal method of the reverse osmosis waste or an alternative method of PFAS removal could not be considered. Given that the applicant proposed to discharge in concentration a chemical known to adversely impact at least one species, striped bass, and is present in multiple other species, the DMF requests additional information be provided by the applicant on alternative methods to reduce PFAS from the water supply, that will not increase risks to fish and water quality. If this project were to occur, the DMF would request a moratorium on in -water work, from 1 February to 30 June to reduce the negative effects on critical fish life history activities, to include spawning migrations and nursery functions. Contact Anne Deaton at (910) 796-7311 or Anne.deatonPncdenr.gov with further questions or concerns. RECEIVED MAR 1 7 2020 RIP SECTION MHD !% Nothing Compares � State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 I Morehead City, North Carolina 28557 252-726-7021 2 DocuSi0;I Envelope ID: 852075E6-6992-4E11.8BA8-8D7E74506A6F ROY COOPER Governor MICHAEL S. REGAN Secretory S. DANIEL SMITH Director Brunswick County Public Utilities Attn: John Nichols P.O. Box249 Bolivia, NC 28422-0249 NORTH CAROLINA Environmental Quaft March 19, 2020 DWR Project # 2020.0154 Brunswick County Subject Property: Northwest Water Treatment Plant Expansion and Upgrades Near Hood Creek, Bay Branch, and the Cape Fear River -Brunswick County Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Nichols, You have our approval, in accordance with the attached conditions and those listed below to temporarily impact approximately 0.148 acres of 404 wetlands area, and 50 linear feet (LF) of stream impacts, 0.050 acres of open water area, and to permanently impact approximately 0.209 acres of 404 wetlands area, 30 LF of stream impacts, and 0.028 acres of open water area. These impacts are located within Hood Creek, Bay Branch, and the Cape Fear River, in order to allow for the expansion and upgrade to the existing Northwest Water Treatment Plant from 24 MGD to 45 MGD water treatment facility, as described in your application received by the N.C. Division of Water Resources (DWR) on January 27, 2020, and sequential information received on March 19, 2020 After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Numbers 4132 (GC4132) and 4133 (GC4133). This Certification allows you to use the Nationwide Permit 7 and Nationwide Permit 12 when issued by the U.S. Army Corps of Engineers. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge, and stormwater regulations. 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 the CAMA Major Development Permit. This Certification can also be found on line at: http://Dortal.ncdenr.ora/web/wo/swn/ws/401/certsandl)ermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. RECEIVED MAR 1 9 9n2O �� Q� North Carolina Department of Environmental Quality I Division of R RacZEC T I O N M H D :/ Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 �"\J0015, 910.796,7215 DocuSign Envelope ID: 852075E6-6992-4E11-8BA8-8D7E74506A¢F tr The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as 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 approval letter and General 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). 2. 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 of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. A pre -construction meeting is recommended to be held with the Division prior to the start of the project phases so that the contractors and/or agents fully understand the conditions associated with this certification. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)] 4. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. In water construction moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. 5. Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0211. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 6. Please understand that the waters around your project area have been identified by the Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the proposed project area arise in the future, please be aware that new dredging within a PNA is not allowed under 15A NCAC 02B .0221 and is a degradation of water quality standards and therefore considered a water quality violation. [15A NCAC 02B .0220] 7. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 8. Appropriate measures should be installed prior to any land clearing activities to protect waters and wetlands from turbidity and/ or sedimentation. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside the wetland boundary. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. [15A NCAC 02H .0506 (b)(3) and (c)(3)] 9. - This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific projeRIE �iti t?% for the life of the project, regardless of the expiration of this Certification. t� MAR 1 9 pnpn MP SECTION MH® DocuSig' Envelope ID: 852075E6-6992-4E71-8BAMWE74506A6F 10. 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)] 11. Continuing Compliance: The applicant/permitee 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(d) 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, orthat further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 12. The permittee shall report to the Wilmington Regional Office at (910) 796.7215 (after hours and on weekends call 800.858.0368) any noncompliance with this certification, any violation of stream or wetland standards 115A NCAC 02B .0200] including but not limited to sediment impacts [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 13. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. 115A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(0]. 14. 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). 15. 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 and/or authorized agent is required to return the enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion (the certification of completion is also available at: https://edocs.deg.nc.gov/Forms/Certificate-of-Comi)letionl. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or the CAMA Major Development Permit. RECEIVED MAR 1 9 no MP SECTION MHD DocuSign Envelope ID: 852075E6-6992-4E11-BBA8-8D7E74506A6F 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). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, 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 One (1) copy of the petition must also be served to DEQ: Bill Lane, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional Office at 910.796.7303 or Robb. Mairst?o ncdenr.gov. Sincerely, CDxuelgnW by: TD4.�-lMfT1/.l�0� 7F141E73B6F3456... Tom Tharrington, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4132 and GC 4133 Greg Currey - USACE Wilmington Regulatory Field Office -Electronic Copy Gregg Bodnar- NCDCM Morehead City Office -Electronic Copy Jason Hales — CDM Smith- Electronic Copy RECEIVED DWR 401 & Buffer Permitting Branch file-LF WiRO MAR 1 9 20p0 ✓ . i February 19, 2020 MEMORANDUM., FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) oreoo bodnar(ZDNCDENR.gov SUBJECT: CAMA /Dredge & Fill Application Review ROY COOPER MICHAEL S. REGAN BRAXTON"DAVIS „. I". io.,., ..,i.... _.. Applicant: Brunswick County Public 110tfes Project Location: 3954 Cleanaell Drive NE adjacent to Cape Fear River, in Leland, New Hanover County Proposed Project: Proposal to expand and upgrade the Northwest Water Treatment Plant facilities, adding a low pressure reverse osmosis treatment to remove perfluorinated compounds (GenX) & emerging contaminants found in raw water supply, with a new water discharge'outfall on the Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by March 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ""'Additional comments may be attached*' This agency has no comment on the proposed project. 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. PRINT NAME�IIG r i 17v r n AGENCY _1� c I RC SIGNATURE ✓� DATE 3-2C--2?- ) MAR 2 F iron MP SECTION MHD slate of North Carolina I Enviromnental Quality I Coastal Management 127 Cardinal Drive Fa, Wilmington, NC 28405 9197967215 ® North Carolina Wildlife resources Commission Gordon Myers, Executive Director RECEIVL . MEMORANDUM TO: Gregg Bodnar MAR 2 S 7020 Division of Coastal Management North Carolina Department of Environmental Quality 1WP SECTION MH® FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: March 25, 2020 SUBJECT: CAMA Dredge/Fill Permit Application for Brunswick County Public Utilities, Brunswick County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site includes modifications at the Northwest Water Treatment Plant (WTP) located at 3954 Cleaiwell Drive NE as well as along the four -mile pipeline and discharge point within the Cape Fear River near Leland, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to expand and upgrade the Northwest WTP by adding low pressure reverse osmosis treatment to remove perfluorinated compounds (including GenX) and other emergent contaminants found within the raw water supply from the Cape Fear River. The expansion would increase capacity at the facility from 24 MGD to 45 MGD. Once treated, the effluent would be sent via a four -mile pipeline to the discharge point downstream the Cape Fear River Lock & Dam I near Leland, NC. The WTP modifications and concentrate have been reviewed by several regulatory processes outside this CAMA Dredge/Fill Permit Application. The effluent pipe would have to traverse several wetlands and jurisdictional features prior to reaching the Cape Fear River. The impacts to these systems have also been reviewed during other application review processes. Once the pipeline reaches the NCDCM's 30' AEC, the project would include stabilizing the shoreline with a terramesh system that essentially hardens the shore to prevent erosion. Approximately 15 CY of river bottom material would be temporarily removed to install the discharge pipe and a 30' wide by 50' to 60' gabion wall extending a maximum 3' from shore would be constructed to protect the diffuser from debris and vessels. A coffer dam is proposed to be installed to isolate the work area during construction. The Cape Fear River in this location is classified SC Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919) 707-0028 Swamp by the Environmental Management Commission, is designated a Primary Nursery Area (PNA) by the NCWRC, and is designated by the National Marine Fisheries Service (NMFS) as critical habitat for Atlantic sturgeon (Acipenser oxyrhynchus). The NCWRC has reviewed the permit application and provides these comments to minimize impacts to wildlife resources found within the 30' AEC and the Cape Fear River during construction. The Cape Fear River is an important river system for anadromous fish species, including the federally endangered Atlantic sturgeon, striped bass, and various shad species. Adult fish travel upstream to spawn and then their eggs, larvae, and juveniles float downstream into nursery areas. During the spawning and subsequent nursery periods, impacts to river conditions should be minimized as much as possible. Increased noise levels create a barrier for migrating adults and elevated turbidity levels affect respiratory processes during all life stages and the buoyancy of individuals during early life stages. For those reasons, an in -water work moratorium is often requested for projects to minimize impacts to aquatic species. Therefore, we request a February 1— September 30 moratorium to protect the critical habitat for Atlantic sturgeon as well as the functions of the PNA. This would include the installation and removal of the coffer dam used to isolate the project area. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn iincw i Idl i fc. ore RECEIVED MAR 2 �nqn P11P SECTION! MHO RECEIVED MAR 3 0 2020 RiP SECTION WD North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Governor Roy Cooper Secretary Sasi H. Hamilton March 27, 2020 Office of Arcluves and History Deputy Secreary Kevin Cherry Jason Hales halesic(q),admsmith.com 5400 Glenwood Avenue, Suite 400 Raleigh, NC, 28462 RE: Expansion of the Northwest Water Treatment Plant Facilities, 3854 Clearwell Drive Northeast, Leland, New Hanover County, ER 20-0461 Dear Mr. Hales: This letter is to follow up on the March 26, 2020, conversation between Jonathan Howell, Division of Coastal Management, with Renee Gledhill -Earley, Environmental Review Coordinator about the above - referenced undertaking that requires a permit from the division and is seen as pressing by Brunswick County. Given the additional information, we reconsidered our initial recommendations and offer the following. We have determined that only the northern section of the project - after the pavement ends new 9550 Hooper Road NE requires an archaeological survey. This is the area with the largest known site concentration. The pipeline pathways are in proximity to woodland prehistoric sites (BW67, B W729, BW727, BW728, BW725, BW726, BW722) and historic sites (BW723 and BW724). A management survey of the results of the field work should be submitted to us for review to determine if the survey was adequate. If it was, construction in the northern section of the project may proceed, conditioned upon two copies of the resulting archaeological survey report, as well as one copy of the appropriate site forms, being sent to us for review and comment within six weeks of our approval of the management summary. For the remainder of the project area, we recommend that it be monitored by a professional archaeologist with the condition outlined below. This will allow the southern portion of the project to go forward with construction, while the archaeological survey of the northern area is carried out. If additional cultural resource(s) are identified during monitoring and/or construction, all work will be halted within the limits of the resource(s) and the Office of State Archaeology (OSA) will be contacted. The OSA will initiate the coordination required for a determination of eligibility or recovery effort. If after consultation between the County and OSA, additional mitigation is determined necessary, the County, in consultation with OSA, will develop and implement appropriate protection/mitigation measures for the resource(s). Inadvertent or accidental discovery of human retrains will be handled in accordance with North Carolina General Statutes 65 and 70. I.oeation: 109 East Jones Street, Raleigh NC 27601 Mailing Addreaa: 4617 Mail Service Center, Raleigh NC Z76"17 Telephone/Pax M9) 8074570/807d999 A. list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at www.arch.dcr.state.nc.us/consults. The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/807-6579. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, . Ramona Bartos cc: .'Jonathan Howell, DCM ionathan.howell@ncdenr.gov RECEIVED MAR 3 0 .2020 MP SECTION 9V HD ER 20-0461 Historic Preservation Office Received: 02/28/2020 NORTH CAROLINA bivn ownenlal Onohf)' February 19, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28667 Fax: 252-247-3330 (Courier 11-12-09) oreaa. bodnar()NCDENR.00v SUBJECT: CAMA/Dredge & Fill Application Review ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division rfCoavlal Management Due: 03/16/2020 A-- see letter SBA S-- NC/ KBH Applicant: Brunswick County Public Utilities Project Location: 3954 Clearwell Drive NE adjacent to Cape Fear River, in Leland, New Hanover County Proposed Project: Proposal to expand and upgrade the Northwest Water Treatment Plant facilities, adding a low pressure reverse osmosis treatment to remove perfluorinated compounds (GenX) & emerging contaminants found in raw water supply, with a new water discharge outfall on the Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by March 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. X 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. PRINT NAME Renee Gledhill -Earley AGENCY Historic Preservation Office RCE���+ SIGNATURE MAR 2 F 9non DATE 03/25/2020 POP SECTION State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NO 28405 919796 7215 RECEIVED MAR 2 F qmn IV1'`' SECTION MI-M North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton March 18, 2020 Jason Hales 5400 Glenwood Avenue, Suite 400 Raleigh, NC, 28462 Office of Archives and History Deputy Secretary Kevin Cherry halesjc a cdmsmith.com Re: Expansion of the Northwest Water Treatment Plant Facilities, 3854 Clearwell Drive Northeast, Leland, New Hanover County, ER 20-0461 Dear Mr. Hales: Thank you for your February 28, 2020, submission concerning the above -referenced project. We have reviewed the project and offer the following comments. The areas surrounding your project have been surveyed archaeologically and yielded archeological sites of potential significance. The pipeline pathways are in proximity to 5 prehistoric sites, with 2 more as well as two historic sites located immediately down river. BW67, BW729, BW727, BW728, BW725, BW726, BW722, are all woodland period prehistoric sites, and BW723 and BW724 are of a historic nature. While the application states that no historic resources would be affected by the project, and that parts of it follow DOT rights -of -way, the high level of open cut ground disturbance over a distance of nearly 4 miles required to install these new pipes as well as the outflow structure have a high potential to affect archaeological resources along their path from the plant to the Cape Fear River. Therefore, due to such invasive construction including the impact by the use of heavy machinery, prior to the initiation of any ground disturbing activities within the affected area of the water treatment plant expansion, we recommend that a comprehensive survey be conducted by an experienced archaeologist to identify and evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown resources must be assessed prior to the initiation of construction activities. This includes the submerged section of river where the cofferdams will be installed for the new outflow structure. Two copies of the resulting archaeological survey report, as well as one copy of the appropriate site forms, should be forwarded to us for review and comment as soon as they are available and well in advance of any construction activities. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at www.arch.dcrstate.nc.us/consults. The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. We have determined that the project as proposed will not have an effect on any historic structures. Location: 109 Last Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 NORTt I CAROLINA b wv onmemal Jnahly February 19, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) greaa. bodnar(a2N CDEN R. gov SUBJECT: CAMA/Dredge & Fill Application Review ROY COOPER Gavemar MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Divirian afC onat Management Applicant: Brunswick County Public Utilities Project Location: 3954 Clearwell Drive NE adjacent to Cape Fear River, in Leland, New Hanover County Proposed Project: Proposal to expand and upgrade the Northwest Water Treatment Plant facilities, adding a low pressure reverse osmosis treatment to remove perfluorinated compounds (GenX) & emerging contaminants found in raw water supply, with a new water discharge outfall on the Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by Match 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: _X_ This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. 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. PRINT NAME David AGENCY _ . , �:Je-:��• �m�s.Q MAR 2 F 7roo SIGNATURE _ MP SECTION MHD DATE _3126/2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215 Bodnar, Gregg From: Harris, David B Sent: Thursday, March 26, 2020 2:05 PM To: Bodnar, Gregg Subject: Re: Brunswick Co. Public Utilities There encroachment agreement with DOT should capture everything that we need covered. David From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, March 26, 2020 2:03:40 PM To: Harris, David B <davidharris@ncdot.gov> Subject: RE: Brunswick Co. Public Utilities No worries. Thanks for the quick reply. I know you all normally let us know if there is an issue but since this one is sensitive and has quite a bit in the ROW I just wanted to make sure we had something from DOT. Thanks again, Gregg From: Harris, David B <davidharris@ncdot.gov> Sent: Thursday, March 26, 2020 1:27 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: Brunswick Co. Public Utilities Sorry Gregg for not responding. Please find the attached document. David From: Bodnar, Gregg <gregg.bodnarCa ncdenr.gov> Sent: Thursday, March 26, 2020 12:29 PM To: Harris, David B <david harrisCdncdot.eov> Subject: Brunswick Co. Public Utilities Afternoon David, I have not yet received any comment from DOT concerning the above project. This one is sensitive to the Department and we are trying to collect all comments. Please let me know if you have any issues concerning the above project. Thanks, Gregg MEQ Laprf.�mStCrinacaro�al49n94r� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 SOB 280 ext 2IS (office) 6_rcgg,Bodnar ncdenr. v Email correspondence to and from this address Is subject to the North Carolina Public Records tow and maybe disclosed to third ponies. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00339 County: Brunswick County U.S.G.S. Quad: Leland GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: John Nichols Brunswick County Public Utilities Address: PO Box 249 Bolivia, NC 28422 Telephone Number: Size (acres) Nearest Waterway Cape Fear River USGS HUC 03030005 Nearest Town Leland River Basin Cape Fear Coordinates Latitude:34.3028 Longitude:-78.106931 Location description: The project site is located at the Northwest Water Treatment Plant facility located at 3954 Clearwell Drive NE in Leland. Brunswick County, North Carolina. Description of projects area and activity: The applicant proposes to expand the Northwest Treatment Plant facilities to upgrade the existing treatment process. The proposal includes an 1800 linear feet lone 36-inch raw water pipeline, a four (4) mile lone 18-inch new concentrate discharge pipeline that will discharge to the Cane Fear River and an outfall structure in the Cape Fear River. Pipeline crossines of resources will be accomplished by the horizontal directional drill (HDD) process and by the "trench cut and fill" method. The "trench cut and fill" method will be used to cross six (6) wetlands and two (2) streams. The pipeline crossing are covered by Nationwide Permit 12 and the outfall structure is covered by Nationwide Permit 7. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit Numbers: 12 and 7 NWP #7 Svecial Condition: Measures (such as turbidity curtains or other types) must be taken to keep turbidity and the contribution of suspended solids to a minimum durine the construction and de -watering of the cofferdam for the outfall construction in the Cave Fear River. SEEATTACHED NWPs 11 and 7 GENERAL, AND REGIONAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, above Special Condition, your permit application, and attached drawings dated October 2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 251-4707 or Greeorv.E.Currevnn.usace.armv.mil. CURREV.GREGORV.EUGEN n'uw: Yu'�com Corps Regulatory Official: E.,os,o„vso Date: March 30.2020 Expiration Date of Verification: March 18, 2022pw A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that maybe subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room IOMI5 w Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. CURREY.GREGORY.EUGENE.1 Digitally signed by CURREY.GREGORY.EUGENE.1051011950 Corps Regulatory Official: 051011950 Date: 2020.04.01 15:29:23-04'00' Gregory Currey Date of JD: Expiration Date of JD: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at httn:Hcorl2smapuu.usace.army.mil/cm apex/P12=136:4:0. Copy furnished by email: Bob Tweedy (Brunswick County Public Utilities) Tara MacPherson (NC DCM) Tyler McGuire (NC DCM) Gregg Bodnar (NC DCM) Robb Mairs (NC DWR) Action ID Number: SAW-2020-00339 County: Brunswick County Permittee: John Nichols Brunswick County Public Utilities Project Name: Northwest Water Treatment Plant Expansion and Upgrades and Concentrate Discharge Pipeline/3954 Clearwell Drive NE/Brunswick County Public Utilities/Brunswick Date Verification Issued: March 30, 2020 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Bodnar, Gregg From: Hales, Jason C. <halesjc@cdmsmith.com> Sent: Thursday, March 12, 2020 2:27 PM To: Bodnar, Gregg Cc: Boone, Kelly Subject: [External] NWTP CAMA impacts Gregg, I underestimated the river open water impacts on the MP-3 and MP-4 forms. The plan sets we submitted are correct but the numbers on the forms are off. It isn't a large difference in proposed impacts, —600 sgft of additional below NHW. The work below NHW would extend 40' into the river instead of 20'. We would be going to a maximum depth below NHW of-25'. The top of the discharge pipe would be at -14' NHW. There was some back and forth during the submittal discussions and I guess the numbers were mixed up. I know changes are difficult once submitted but I guess the sooner the better to bring this up. What are your thoughts? Please advise. Anyway to provide updated info for this? Again the design plans are correct. It would only be the estimated in water work area as listed on the forms. Thanks Gregg. Jason Hales, PWS Coastal Wetland Scientist CDM Smith 15400 Glenwood Ave., Suite 400 1 Raleigh, NC 27612 t: 919.325.3588 1 c: 910.520.18321 halesicPcdmsmith.com DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I, APPLICANT'S NAME: Brunswick County Public Utilities (NW Water Treatment Plant Expansion/Upgrades) 2, LOCATION OF PROJECT SITE: Northwest Water Treatment Plant (3954 Clearwell Drive NE in Leland, NC) and the Cape Fear River, Brunswick County Plant: Let: 34018'10.37"N Long: 78006'23.72"W Outfall: Lat: 34.337763 Long:-78.075004 3. INVESTIGATION TYPE CAMA/D&F 4, INVESTIGATIVE PROCEDURE, Dates of Site Visit - 2117120 Was Applicant Present -Yes (Agent) 5. PROCESSING PROCEDURE: Application Received-1127120 Complete: 2/11/20 Office - Wilmington 6. SITE DESCRIPTION. (A) Local Land Use Plan - Brunswick County Land Classification From LUP - Industrial (B) AEC(s) Involved: EW/PTA/CS (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - Brunswick County Water Treatment Plant Planned - Same (F) Type of Structures: Existing - Water Treatment Plant, Septic System and Hood Creek discharge pipe Planned - Expand upland WTP, increase size of raw water main and install new concentrate discharge pipeline to the CFR. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA) DREDGED FILLED OTHER (A) Vegetated Wetlands (404) -9,110 s . ft. ft -6,961 sq. . (Perm (Temp) (B) Non -Vegetated Wetlands (Open Water) -500 sq. ft. - 600 sq. ft. (Temp) (Perm) (C) Other- (Highground Disturbance) -2500 scift (Temp.) - 33 Acres (D) Total Area Disturbed: -33.5 Acres (E) Primary Nursery Area: Yes (F) Water Classification: Cape Fear River C,Sw 8. PROJECT SUMMARY: The applicant proposes to expand and upgrade the Northwest Water Treatment Plant facilities to upgrade the existing treatment process and to add low pressure reverse osmosis to remove perfluonnated compounds (Gen x) and emerging contaminants found in the raw water supply with a new water discharge outfall on the Cape Fear River. RECEIVED " " �� " ""V✓� FEB 19 2020 North Carohna Department of Environmental Quality I Division of Coastal Management � Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2&405 DCM•MHD CITY ((/ 910.796.7215 Brunswick County Public Utilities (NW Water Treatment Plant Expansion/Upgrades) Page Two 9. PROJECT DESCRIPTION The proposed project is located in the northern part of Brunswick County and consists of four distinct project areas (water treatment plant, raw water line extension and concentrate discharge line and outfall). The project site is located at the Northwest Water Treatment Plant facility located at 3954 Clearwell Drive NE in Leland, Brunswick County, INC. To locate the property from the WiRo take US-74W/Martin Luther King Jr. Pkwy approximately five miles from Market Street (US Highway 17) to US 421 North. Travel approximately 2.8 miles and merge onto 1-140. Take the exit toward Mt. Misery Rd NE and travel approximately 5 miles to Cleanvell Drive. The applicants' facility is on a 90 Acre tract of land with 767 linear ft. of shoreline along Hood Creek. The parcel is a maximum of 25 feet above mean sea level. Highground development on the tract consists of existing buildings and associated treatment structures. The proposed facility upgrades will be at the existing plant location. Vegetation at the water treatment plant, along the raw water main and along the proposed concentrate discharge pipe line are forested uplands, with §404 wetland crossings for the existing raw water line. The proposed new 1800 linear ft. section of 36" raw water pipeline would connect to an existing raw water main and include two §404 wetland/stream crossings. The proposed concentrate discharge pipe project corridor towards the Cape Fear River would follow along Mt. Misery Road and Hooper Road along a 60 ft. DOT light -of -way (see Figure 2 Project Study Area). The concentrate from the treated water would be discharged through approximately 21,000 linear feet (4 miles) of 18-inch main to the outfall location at the Cape Fear River downstream of Lock & Dam No. 1. Only the outfall structure and a portion of the concentrate discharge pipeline are located with the 75 ft. Estuarine Waters Area of Environmental Concern. The shoreline where the proposed outfall would be constructed is a high bluff adjacent to the Cape Fear River. The ouffall pipe would extend approximately 3,300 linear ft. through Parcel ID No. 00600015 into the Cape Fear River (see Sheet C-CP-25). This parcel is owned by James Godwin,ll and an easement has NOT been obtained for the pipeline placement in this location. The proposed discharge pipeline and outall would be in areas area consisting of §404 wetlands with 6 wetand crossings. According to the applicant a J/D is being processed by the Army Corps.of Engineers, but has not been issued at this time (see Attachment 1). The proposed outfall would be in water depths of approximately 20 ft. at Normal Low Water (NLW). The application includes a Biological Assessment for ESA compliance inducing correspondence from the US Fish and Wildlife Service (Attachment 2) and a letter from the National Marine Fisheries Service indicating that the proposed action is not likely to adversely affect the NMFS-ESA listed species and/or designated critical habitat (Attachment 3). A full Biological Assessment is available upon request from the agent. The application also includes documents issued per Section 106 of the National Historical Preservation indicating that there are no historic resources that would be affected by the project (Attachment 4) Two Letters of Approval with Modifications and Performance Reservations were issued by the Land Quality Section (now the Division of Energy, Mineral and Land Resources (DEMUR) on September 5, 2019 and October 29, 2019 indicating that a Notice of Intent (NO]) will be required to request a Certificate of Coverage under the NCGO10000 Construction Stormwater Permit prior to commencement of any land disturbing activities. (Attachment 5). A stormwater Certificate of Coverage was issued for the Concentrate Discharge line on September 27, 2019 under SWG04 040114 (Attachment 6) and a Minor Modification under Stormwater Permit SW8 091204 was issued on October 7, 2019 (Attachment 7). The application includes the NPDES permit NCO057533 issued on February 28, 2018 (Attachment 8) and the most recent NPDES permit NCO057533 issued on 2/13/2020 (Attachment 9). According to the applicant Brunswick County issued BRUNS-2020-016 on 9/5/19 for the WTP and BRUNS 2020-026 on 10/29/19 for the concentrate discharge pipeline. RECEIVED FEB 19 2020 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drlw Extension I Wilmington, North Carolina 28405 ® 910.796,7215 CM-MHD CITY Brunswick County Public Utilities (NW Water Treatment Plant ExpanslontUpgrades) Page Three The Brunswick County Land Use Plan classifies the Cape Fear River area of the project site as Industrial. The waters of the Cape Fear River are classified as SC Swamp waters by the Division of Water Resources. This section of the Cape Fear River is considered Joint Inland/Coastal Waters by cooperative agreement between Division of Marine Fisheries and North Carolina Wildlife Resources Commission. The Division of Marine Fisheries classifies the waters of this section of the Cape Fear River as Primary Nursery Area (PNA). PROPOSED PROJECT: The applicant proposes to expand and upgrade the Northwest Water Treatment Plant facilities to upgrade the existing treatment process and to add low pressure reverse osmosis to remove perfluorinated compounds (Gen x) and emerging contaminants found in the raw water supply with a new water discharge outfall on the Cape Fear River. The proposed upgrades would expand the plant's existing permitted capacity from 24 million gallons per day (MGD) to 45 MGD. The proposed new Low Pressure Reverse Osmosis system is estimated to have discharge flows from 0.7 MGD up to 5 MGD (see Narrative) The proposed new 1800 linear ft. section of 36" raw water pipeline would connect to an existing raw water main with two temporary §404 wetland/stream crossings (unnamed tributaries to Hood Creek) impacting approximately 1,941 sq. ft. of wetlands (see Sheets C-RW-1 and C-RW-2). The pipeline would extend from the main water treatment plant to the raw water main. The pipeline would be open -cut construction running a total of 130 linear ft. approximately 3 ft, below grade at the wetland/stream crossings. The proposed new concentrate discharge pipeline would extend from the water treatment plan and terminate at a proposed new outfall located on the Cape Fear River downstream of Lock & Dam No. 1 (see Sheet C-CP-1). The approximately 4-mile long 18 inch pipeline would be installed within an existing DOT ROW and would extend from the treatment facility to the new outfall located on Parcel ID No. 00600015, Sections of the pipeline crossing §404 wetland/stream areas would permanently impact 9,110 sq. ft. and temporarily impact 5020 sq, ft. of wetland area (see Sheets C-CP-7, C-CP-8, C-Cp-10, C-CP-11 and C-CP-25). The 1200 linear ft. of pipeline crossing wetland areas would be laid beneath the surface mud bottom approximately 3 ft. below grade. The six wetland/stream crossing sections would be completed utilizing open cut and a horizontal directional bore (HDD) under the wetland/stream running approximately 1,200 ft. along the bottom approximately 15 ft. to 30 ft. below the surface. Disturbance within the corridors would involve the use of trenching equipment, bulldozers, dump truck and a mechanical excavator to trench and subsequently backfill to original grade. The proposed 18 inch (reduces to 8 inches at the terminal end) diameter outfall to the Cape Fear River would impact the 30 ft. Coastal Shoreline AEC and would result in the permanent impact of approximately 600-900 sq. ft. of river bottom below NHW (see Sheet C-CP-27). The shoreline would be stabilized with a new "terramesh system" with a gabion wall extending a maximum distance of 3 ft. waterward of Normal High Water (NHW) (see Sheet C-CP-28). The stabilization structure would be measure approximately 30 ft. in width and 50-60 ft. in length with 100 sq. ft, of material below NHW. The oulfall and outfall protection structure would require 10 cubic yards of material to be placed consisting of crushed stone and Class B rip rap to a maximum depth of — 14 ft. below NHW. According to the applicant, the temporary excavation of 15 cubic yards of material below NHW and a temporary 100 ft. sheet pile wall would be constructed for installation of the outtall and protection structure. The applicant states that approximately 15 cubic yards of material would be temporarily stockpiled on a barge and in an approximately 50 ft. long by 50 ft. wide upland areas next to the River outfall approximately 35 ft. from Normal High Water (NHW). After the outfall is installed, the material would be returned to the river. A cofferdam is proposed to be constructed to isolate the work area in the river (see MP- 1, Cape Fear River Outfall Construction Schedule and Sheets C-CP-25, 27 and 28). According to the applicant wetlands mats will be used in wetland areas to prevent additional impact. RECEIVED FEB 19 2020 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 6 D CM-MHD CITY Brunswick County Public Utilities (NW Water Treatment Plant Expansion/Upgrades) Page Three Proposed upgrades to the treatment plant facility would include additional rapid mixers and filters, an upgraded clarifier, a new reverse osmosis facility, a new chlorine control and storage building and other building and site improvements and upgrades to existing facilities. According to the applicant seven (7) new buildings will be constructed and four (4) existing structures will be expanded for a total of 98,808 sq. ft. of new impervious surface on the high ground (see Sheet C-GD-1). Upland facility upgrades are located outside of a CAMA AEC. 10. ANTICIPATED IMPACTS Approximately 2500 sq. ft. of high ground would be temporarily impacted adjacent to the Cape Fear River due to storage of excavated material and the applicant states that the total disturbed area is estimated to be almost 33 acres. Construction of the project would impact approximately 16,071 sq. ft. of §404 Wetlands and approximately 1100 sq. ft. of open water area in the Cape Fear River. The proposed project would permanently impact approximately 9,110 sq. ft. of §404 Wetlands and 600 sq. ft. of Waters of the U.S. Approximately 6,961 sq, ft. of §404 Wetlands and approximately 500 sq. ft. of shallow bottom would be temporarily impacted through the trenching of the raw water pipeline, discharge pipeline (mostly along Mt. Misery Road, Hooper Road and the Cape Fear River) and outfall area at the Cape Fear River. (Please refer to attached permits associated with the proposed discharge). The applicant is not proposing to mitigate for the permanent impacts to §404 Wetlands and Waters of the U.S. All areas will be returned to the original grade and will be re -vegetated immediately upon backfilling. If construction is conducted in strict accordance with the approved sedimentation and erosion control plan, long-term impacts should be minimal. It is unknown what the biological and/or human health impacts are for concentrate discharge into the Lower Cape Fear River. Submitted by: Tara MacPherson Date: February 18, 2020 Office: Wilmington North Carolina Department or Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wllmingkm,NorlhCarollna28405 910.796.7215 RECEIVED FEB 19 2020 DCM-MHD CITY cSpmith Memorandum To: Tyler McGuire, NCDCM From: Jason Hales, CDM Smith Date: January27,2020 Subject: Northwest Water Treatment Plant Expansion and Upgrades and Concentrate Discharge Pipeline Project Narrative Brunswick County Public Utilities (The County) is expanding its Northwest Water Treatment Plant (NWTP) in Leland, NC (Figure 1) from 24 million gallons per day (mgd) to 45 mgd and upgrading its treatment process to include advanced treatment to remove Gen X and other perfluorinated compound (PFC) contaminants found in its raw water supply. The County has evaluated treatment alternatives including ion exchange, granular activated carbon (GAC), ozone with biofiltration, ultraviolet treatment with advanced oxidation processes (UV-AOP), and Low -Pressure Reverse Osmosis (LPRO). Scoping meetings were held on March 19, 2018 and May 31, 2019 to introduce and discuss the project. The project includes the NWTP site; the proposed raw water transmission main corridor from the existing Lower Cape Fear Water and Sewer Authority (LCFWSA) raw water main to the NWTP; the proposed concentrate discharge pipeline corridor; and the outfall to the Cape Fear River (Figure 2). Upgrades at the Northwest Water Treatment Plant site include additional rapid mixers and filters, with an upgraded clarifier, a new reverse osmosis facility, a new chlorine control and storage building, residuals handling facilities improvements and associated facilities and site improvements. The project also includes approximately 1,800 feet of new 36-inch raw water pipeline from the water treatment plant to the existing LCFWSA raw water main, approximately 4 miles of new pipeline to convey concentrate from the reverse osmosis process at the water treatment plant for discharge to the Cape Fear River and the outfall at the Cape Fear River. The project will require construction of an effluent pipeline and outfall in the Cape Fear River. The County applied for an NPDES permit in November 2018, and a Draft Permit has been issued by DWR. Discharge from the LPRO process using fresh surface water as the raw water source would not be brine concentrate as from RO plants treating brackish water for desalinization. The Count/�s proposed location for discharging the concentrate (waste) is the Cape Fear River, downstream of the Lock & Dam No. 1. This portion of the Cape Fear River is classified as C/Sw and is not used as a public drinking water source. Preliminary estimates of discharge flow from the LPRORgslvm RECEIVED inns 27 2020 FEB 19 2020 DCM WILMINGTON. NC DCM—MHD CITY NWTP CAMA Narrative January 27, 2020 Page 2 0.7 million gallons per day (mgd) (minimum day) up to 5 mgd (maximum day at capacity). The County and CDM Smith have completed an Engineering Alternatives Analysis (EAA) for the proposed project; pilot testing and analysis of source water and concentrate wastewater, a dilution study in accordance with EPA technical guidance, including CORMIX modeling; and Whole Effluent Toxicity (WET) testing. The County holds an NPDES permit (NC0057533) for discharge of filter backwash from the NWTP into Hood Creek and will maintain this discharge for the conventional treatment process. Coverage under SWG040000 (Linear General Permit) for the concentrate discharge pipeline was approved by DEQ on 9/27/2019 (COC SWG04 040114), and a minor modification to the WTP Stormwater Permit (SW8 091204) was approved by DEQ on 10/07/2019. Erosion and sedimentation control permits have been approved (BRUNS-2020-016 and BRUNS- 2020-026), and other permits are under review. Please contact us with questions or if additional information is required. Sincerely, Jason Hales Wetland Scientist CDM Smith 910-520-1832 h alesj c0c d m cm i th.co m Attachments: Figure 1 - Vicinity Map Figure 2 - Project Study Area Map DCM MP1 Form DCM MP2 Form DCM MP3 Form DCM MP4 Form Cape Fear River outfall construction outline Agent Authorization Form Letters to adjacent waterfront landowners Return receipts by certified mail Work Plat RECEIVED FEB 19 2020 DCM-MHD CITY RECEIVED i6m 27 2020 DCM WILMINGTON, NC Brunswick County Northwest WTP Cape Fear River Outfall Construction Outline It is anticipated that the construction of the outfall structure will follow this sequence of work with the following estimated timeline: Mobilization and Cofferdam (Sheet Pile) Installation (Up to 4 Week Duration) o Launch two barges (one for the crane and one for the sheet piling materials) from the Cape Fear Boat Works to the project site. The approximate barge dimensions will be approximately 40 ft by 60 ft or 40 ft by 80 ft. o Commence installation of cofferdam (likely sheet piles) from two barges within the river on downstream side of the cofferdam for the proposed outfall structure and mechanically stabilized earth (MSE) wall as shown on the drawings. o Sheet piles to be driven or vibrated from a crane on the barge (up to 3 weeks of vibration causing activities). o Install internal bracing within the sheet pile wall (up to 1 week of internal bracing installation). o The final layout of the cofferdam is to be designed and completed by the Contractors Design Engineer. HDD Installation (Up to 4 Week Duration — Up to 8 Weeks Total Schedule) o Leave both barges on downstream side of cofferdam during this phase of work. o On land, complete pilot hole drilling (up to 1 week). o On land, complete 2 to 3 HDD reaming passes (up to 2 weeks). o During 2nd week of reaming activities, begin to fuse HDPE pipe on land (up to 1 week) for HDD and string out in river (i.e., float the pipe) along near -shore bank the day prior to pullback. Tie pipe string to the bank overnight outside of navigational channel and attach other end securely to one of the barges. o During pullback (1 day activity (12 to 16 hours)): • String pipe out in river. During the pullback, the pipe will extend approximately halfway across the width of the river and up to 1000 ft downstream. • Equip original barge crane with pipe sling to transition HDPE pipe into HDD borehole. HDPE pipe to have between 50 and 100ft radius of curvature from river to transition into borehole. The final layout to be designed by Contractor's Design Engineer. If necessary, mobilize crane or excavator to second barge equipped with pipe slings prior to pullback during reaming to transition pipe into borehole. Mobilize small tug boat or small boat to site prior to pullback to during reaming to hold end of pipe in place during pullback to prevent "whipping" effect of pipe. • Pipe Installation and Outfail Construction (Up to 4 Week Duration — Up to 12 Weeks Total Schedule) o Leave two barges on downstream side of cofferdam during this phase of work. o Dewater within the cofferdam concurrently with excavation discussed below. o Excavate and install pipeline within the cofferdam from the manhole structure on land to the outfall structure in the river (up to 1 week). o Install 4 H-Piles within the cofferdam for the outfall structure (up to 2 da*ECEIVED o Construct the cast -in -place outfall structure onto the piles (up to 2 weeks). RECEIVED IAKI 27 2020 FEB 19 2020 DCM WILMINGTON, NC DCM-MHD CITY o Install scour protection (riprap, bedding stone and geotextile) within the cofferdam footprint (up to 3 days). Complete Installation of MSE Wall and Backfill to Manhole Structure on Land (Up to 4 Week Duration — Up to 16 Weeks Total Schedule) Cofferdam Removal and Demobilization (Up to 2 Weeks — Up to 18 Weeks Total Schedule) o Remove cofferdam within river using vibratory hammer and cut-off sheet piles as shown on drawings (up to 2 weeks of vibration causing activities). o Return barge to Cape Fear Boat Works from the project site. It is anticipated that approximately 4 to 6 months will be needed for construction within the river due to the coordination between the land and river work. It should be noted that the final construction sequence and timeline will be dependent upon the Contractor's proposed means and methods. Permitted time frame for work within the Cape Fear River will be specified to the Contractor In the Contract Documents upon permit approval. RECEIVED FEB 19 2020 DCM-MHD CITY RECEIVED IAN 27 2020 DCM WILMINGTON, INC i Project Location n� Gl Leland 8 53 �,'rQk1 Q n.,u„nP 319202' MHD CG Sm11tl N RECEIVED Figure 1. Project Vicinity map JAN 2 i 2020 Northwest WTP Expansion Site Brunswick County, North Carolina 01 2 4 6 g D10M WILMINGTON, NC CDM Project No. 232662 ® Miles A Legend \ OF .r..•�7 Impact$1 (al filrear0��1, Cape Foar Rivor) Permanent Impact (bank stabilization) _ (Plan sheet C-CP-27,-28) •. ImpactOW1 and OW2 (at stream name. PS-1, Cap¢ Fear River) l- mpora h )pact (stringing pipe In river for HDD) - Impabl OW 1 Y fff� r ry�rl lead (outtall installed by rnuerdam) - Impact OW2 Xf 5 r J' ♦ Ni i r ,ip j Temporary Temporary Impact .•\ HDD bore pit and staging area (Plan sheet G CP-25) _ fj .*. \geets bY asc 7 / W 12 and W13 r Permanent lmpa 6r6ssin0 b ), Y con (Plan sheets s AM f 1 � r r r i~.• •,�'f� � r•� tiT-• 1 ' pact S2.rnd W22 �iLegend cream name I1-4 (UT to Hood Creek) d emporery Impact - crossing by raw water maid R, r' Northwest WTP ;(Plan shoe; GRW 3) (no impact to W21) k,r'.• Impact S3 and W2Raw Water Line 4 .wT..� Stream name: IS 5 lUT to Hood Creek) fsurveyed mporary Impact - crossing by raw water main GW sheet R2) (no impact to W23) ' Welland Name of Property Owner Requesting Permit: Brunswick County Public Utilities Mailing Address: P O Box 249 Phone Number: (910) 253-2657 Email Address: iohn.nmchols(a)brunswickcountync.cov -49 I certify that I have authorized CDM Smith Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development Northwest Water Treatment Plant in Brunswick County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: WRECEIVED Signature John Nichols FEB 19 2020 Print or Type Name Director of Utilities DCM-MHD CITY Title RECEIVED 01 ice_! 2020 Date IAN 2 7 2020 DCM WILMINGTON, NC This certification is valid through 12 I_ 31 / 2020 Name of Property Owner Requesting Permit: Brunswick County Public Utilities tCounty) Mailing Address: P O Box 249 Phone Number: (910) 2S3-26S7 I certify that I have authorized CDM Smith Agent / Contractor to act on behalf of the County, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Northwest Water Treatment plant Concentrate Discharae Pipeline at a property located between the northern end of H000er Road NE. Leland NC 28451, and the Cage Fear River. Property ID# 9951119 60.96 acres N/F James Z. Godwin It in, Brunswick County. Pursuant to NC General Statute 40A-11, the County has provided written notification, to the property owner of record, of intentions to enter onto the property for the purposes of making surveys, borings, examinations, and appraisals as necessary to pursue this project. Likewise, Division of Coastal Management staff, the Local Permit Officer and their agents may enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature John Nichols Print or Type Name Director of Utilities Title 01 09 2020 Date RECEIVED FEB 19 2020 DCM-MHD CITY RECEIVED JAN 2 7 2020 DCM WILMINGTON, NC Bodnar, Gregg From: Roy, Gregory A. <royga@cdmsmith.com> Sent: Tuesday, March 10, 2020 11:19 AM To: Bodnar, Gregg; Hales, Jason C.; MacPherson, Tara Cc: Boone, Kelly; Bob Tweedy Subject: RE: [External] FW: Brunswick County Northwest Water Treatment Plant Expansion and Upgrades - CAMA Permit Application • or open attachments unless you verify. Se Hello Gregg ... the County began the condemnation process in February and the easement is expected to be secured on March 20'i'. We will notify you once this easement is obtained. Please let us know if you have any other questions. Greg Gregory A. Roy, PE I Associate I CDM Smith 1 670 North Commercial Street, Suite 2081 Manchester, NH 03101 1 Direct: 603.222.8375 1 Mobile: 978.409.5505 1 roveann cdmsmith.com From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, March 10, 2020 9:12 AM To: Hales, Jason C. <halesjc@cdmsmith.com>; MacPherson, Tara <tara.macpherson@ncdenr.gov> Cc: Boone, Kelly <BooneKR@cdmsmith.com>; Bob Tweedy <bob.tweedy@brunswickcountync.gov>; Roy, Gregory A. <royga @cdmsmith.com> Subject: RE: [External] FW: Brunswick County Northwest Water Treatment Plant Expansion and Upgrades - CAMA Permit Application Morning Jason, I must have had an old or incorrect email associated with you because I got back an undeliverable email message just this morning. So I'm glad you emailed. I have attached comments from DEMLR that are slightly different from attachments 5-7. It looks as though there are some additional coordination that will be required with DEMUR, so I wanted to make you aware of that. Also, I wanted to ask about the easement for Mr. Godwin and how that was progressing. Has there been any progress? Thanks, Gregg From: Hales, Jason C. <halesic@cdmsmith.com> Sent: Tuesday, March 10, 2020 8:45 AM To: Bodnar, Gregg <greRR.bodnar@ncdenr.gov>; MacPherson, Tara <tara.macoherson@ncdenr.gov> Cc: Boone, Kelly <BooneKR@cdmsmith.com>; Bob Tweedy <bob.tweedv@brunswickcountvnc.zov>; Roy, Gregory A. <rov¢a @cd msm it h.com> Subject: RE: [External] FW: Brunswick County Northwest Water Treatment Plant Expansion and Upgrades - CAMA Permit Application STATE OF NORTH CAROLINA ' COUNTY OF BRUNSWICK 7 t' °` 3 J -y COUNTY OF BRUNSWICK Plaiptiff, VS. JAMES ZACK GODWIN, II, ELIZABETH ) GODWIN ) Defendant. ) File # U M 1 b In the General Court of Justice Superior Court Division COMPLAINT, DECLARATION OF TAKING, AND NOTICE OF DEPOSIT NOW COMES the County of Brunswick, Plaintiff herein, and for its cause of action says, alleges, and declares that: 1. The County of Brunswick is organized and existing under the laws of the State of North Carolina possessing the power, duties, and authority, including the power of eminent domain, vested in it by the General Assembly of North Carolina. 2. Defendants are citizens and residents of New Hanover County, North Carolina. 3. All exhibits to this Complaint are specifically incorporated herein by reference as fully as if set forth verbatim. 4. Pursuant to the authority vested in the Plaintiff by the provisions of Chapter 40A of the General Statutes of North Carolina, the governing body of the County of Brunswick has determined that it is necessary and in the public interest to acquire by condemnation the real property interest described in Exhibit A, fot the public use and purpose set forth in Exhibit B. 5. The following matters are set forth in Exhibit A, paragraph 1: a description of the tract of land affected by the taking; paragraph 2: a statement of the property taken; and paragraph 3: a description of the area taken. 6. A copy of the official records of the governing body of the Plaintiff which authorized this action is set forth as Exhibit C. 7. Pursuant to N.C.G.S. § 40A-45(c), a description and plat showing the property taken and all additional areas as necessary to determine compensation is attached as Exhibit D. 8. Notice of the Plaintiff's intent to institute this action was duly given to Defendant at least thirty (30) days prior to filing the action, in compliance with N.C.G.S. § 40A-40Ft51VED this Notice is set forth as Exhibit E. MAR 2 0 Iron NIP SECTION MMI D 9. The Plaintiff is informed and believes, and alleges upon information and belief, that Defendants are the only persons who may have or claim to have an interest in the property described in Exhibit A and that the Defendants are under no legal disability. 10. The Plaintiff is informed and believes, and alleges upon information and belief, that the property described in Exhibit A is, insofar as the same can be reasonable diligence be ascertained, subject to no liens or encumbrances. 11. Pursuant to N.C.G.S. § 40A-9, there are no timber, buildings, structures, permanent improvements or fixtures known to Plaintiff that are situated on or affixed to the portion of the real property identified in Exhibit A that is to be subject to the condemned easement interest identified in Exhibit A. To the extent there is any timber or vegetation within the condemned easement area, Defendants will be permitted to remove the same within sixty days of the filing of this action. 12. Pursuant to N.C.G.S. § 40A-7, a statement is set forth as Exhibit A indicating that the Plaintiff is condemning a permanent utility easement and temporary construction easement within the parcel. 13. The Plaintiff estimates the sum of Forty -Five Thousand Seven Hundred and Seventy - Five dollars ($45,775.00) to be just compensation for the taking of the property and interest described in Exhibit A, paragraphs 2 — 3. The Plaintiff has this date deposited this sum with the Superior Court of Brunswick County, and the Defendants may apply to the Court for disbursement of such monies as full compensation, or as a credit against just compensation, as may be determined in this action. 14. Simultaneously with the filing of this action, Plaintiff has filed a Memorandum of Action with the Brunswick County Register of Deeds as provided by N.C.G.S.§ 40A43. 15. The property and area described in Exhibit A, paragraphs 2 - 3, are hereby DECLARED TO BE TAKEN and condemned, and title thereto, shall vest in the Plaintiff according to the provisions of N.C.G.S. § 40A-42. WHEREFORE, as its prayer for relief in this action, the Plaintiff respectfully prays that the Court: 1. Make a determination of just compensation for the property interest taken in accordance with applicable law; 2. Grant such other and further relief as the Court may deem appropriate. RECEIVE® IAA 2 n wo PAP SECTION M►-ID This the ,_20 day of March, 2020. Zr A W. Battd- Attorney for Plaintiff Post Office Box 249 Bolivia, North Carolina 28422 910-253-2400 MAR 2 0 2020 MP SECTION MH® EXHIBIT A 1. DESCRIPTION OF AREA AFFECTED BY TAKING Beginning at a new iron pipe set in the north line of parcel "F" as shown on that certain plat titled "Survey for John H. Hooper Heirs" by Samuel T. Inman, R.L.S. dated October 3, 1988 and runs thence north 22 degrees 43 minutes 57 seconds east 1117.26 feet to a new iron pipe in an old road; thence the same course 64.60 feet to a point on the south edge of the Cape Fear River; thence with said river the following four courses: (1) south 75 degrees 14 minutes 06 seconds east 400.00 feet; (2) south 70 degrees 55 minutes 47 seconds east 92.38 feet; (3) north 80 degrees 14 minutes 31 seconds east 194.26 feet; (4) south 88 degrees 23 minutes 52 seconds east 81.79 feet to an old concrete monument; thence leaving said river and runs thence south 04 degrees 56 minutes 14 seconds west 554.29 feet to an old pipe; thence south 85 degrees 14 minutes 15 seconds east 395.67 feet to a new iron; thence south 03 degrees 57 minutes 46 seconds west. 1636.34 feet to an old iron stake; thence the same course 512.16 feet to an old iron pipe; thence north 78 degrees 58 minutes 16 seconds west 1048.60 feet to an old iron stake; thence to and with an old cart road the following seven courses;(!) north 31 degrees 57 minutes 21 seconds east 326.08 feet to an old iron pipe; (2) north 05 degrees 01 minutes 42 seconds east 141.71 feet to an old iron; (3) north 31 degrees 58 minutes 12 seconds east 128.79 feet to an old iron pipe; (4) north 26 degrees 48 minutes 19 seconds east 125.84 feet to a point; (5) north 09 degrees 19 minutes 58 seconds east 193.97 feet to a point; (6) north 35 degrees 06 minutes 01 seconds west 178.32 feet to a point; (7)north 14 degrees 01 minutes 54 seconds east 259.00 feet to a new iron pipe; thence leaving said road and runs thence north 65 degrees 13 minutes 43 seconds west 742.96 feet to the beginning and containing 60.96 acres. 2. STATEMENT OF THE PROPERTY TAKEN That the property taken is a utility easement and temporary construction easement over and along the Western border of the above -mentioned tract of land as shown on the plat attached in Exhibit D. 3. DESCRIPTION OF AREA TAKEN The area taken is a utility easement and temporary construction easement over and along the Western border of the above -mentioned tract of land as shown on the plat attached in Exhibit D. E r , MAR 2 0 2020 MP SECTION WD EXHIBIT B To protect the public health, to provide the public with a safe and sanitary drinking water and to discharge contaminants from said drinking water, the Plaintiff is condemning the herein described interest for water treatment purposes. RECEIVED MAR 2 0 2020 MP SECTION ii HD EXHIBIT C An excerpt of the Brunswick County Board of Commissioners Official Minutes for the regularly scheduled meeting on December 16, 2019. MAR 2 0 2070 WP SECTION MH® W VIII. OTHER BUSINESS/INFORMAL DISCUSSION Chairman Williams asked if [here were any other items of business or discussion. Vice -Chairman Thompson shared comments on the Carolina Bays Parkway Extension Project and the impact it will have on Brunswick County. The comments were followed by discussion by the Board. It was the consensus of the Board that someone from DOT and GSATS be invited to attend a regular board meeting to explain the merger process. Commissioner Sykes asked Helen Bunch to attend the GSATS meeting on Friday, December 20, 2019, as Commissioner Thompson's representative. IX. Closed Session LA I. Closed Session Request that the Board of Commissioners enter in Closed Session pursuant to N.C.G.S. 143- 313.11(a)(1) to approve closed session minutes, 143-318.11(a)(3) to consult with the attorney, and I43-313.11(a)(5) to instruct staff regarding acquisition of an interest in real property. Mr. Shaver stated that the statutory cites were included on the agenda and the reasons to go into Closed Session were to approve closed session minutes, consult with the attorney, and to instruct staff regarding a position to take for acquisition of an interest in real property. Commissioner Cooke moved to enter into Closed Session at 7:08 p.m. on the basis presented by Mr. Shaver. The motion was seconded by Commissioner Sykes and the vote of approval was unanimous. Chairman Williams called the meeting to order at 7:25 p.m. and recognized the County Attorney. Mr. Shaver requested a motion to authorize staff to negotiate and acquire public utility easements for the purpose of the Northwest Water Treatment Plant Expansion and Improvement Project. The authority would involve parcel 00600015 and include authorization for staff to negotiate acquisition of easements for that parcel with the authority to condemn if necessary. ., Vice -Chairman Thompson moved to authorize staff to negotiate acquisition of easements for parcel 00600015 with the authority to condemn if necessary, as requested and stated by the County Attorney. The motion was seconded by Commissioner Cooke and the vote of approval was unanimous. X. ADJOURNMENT Commissioner Cooke moved to adjourn the meeting at 7:26 p.m. The motion -was seconded by Commissioner Sykes and the vote of approval was unanimous. Frank Williams, Chairman Brunswick County Board of Commissioners Attest: Andrea White, NCCCC Clerk to the Board PROECEI V Ili® MAR 2 0 Pn?0 MP SECTION WD EXHIBIT D That Certain New Utility Easement (110,280 Sq. Ft.) and New Temporary Construction Easement (12,616 Sq. Ft.) as herein Described and shown on the attached plat. RE" ENED MAR 2 0 ?020 UP SECTION MHD PERMANENT UTILITY EASEMENT: BEGINNING AT AN EXISTING 1/2" IRON PIPE (POB) THE COMMON CORNER WITH HERBERT LEE WILLIS (DB 859, PG.1051) AND HAZEL SOUTHERLAND (DB 908, PG. 757) AND BEING LOCATED S48°12'14"E 77.74 FEET FROM AN EXISTING 1" IRON PIPE LOCATED WITH NORTH CAROLINA GRID COORDINATES OF N: 212,629.3540 E: 2,279,220.4564; THENCE FROM THE POB ALONG THE PROPERTY LINE OF HAZEL SOUTHERLAND N28"29'33"E 121.78 FEET TO A COMPUTED POINT THE COMMON CORNER WITH HAZEL SOUTHERLAND (DB 1512, PG. 619); THENCE ALONG THE COMMON LINE WITH SOUTHERLAND N28°29'33"E 153.64 FEETTO AN EXISTING IRON ROD THE COMMON CORNER WITH WILLIE DAVISJR (DB 669, PG.47); THENCE ALONG THE COMMON LINE WITH DAVIS THE FOLLOWING TWO BEARINGS AND DISTANCES: (1) N29°55'40"E 50.25 FEET TO AN EXISTING 1/2" IRON PIPE, (2) N01°46'21"E 141.71 FEET TO AN EXISTING IRON ROD THE COMMON CORNER WITH HAZEL SOUTHERLAND (DB 761, PG. 290); THENCE ALONG THE COMMON LINE WITH SOUTHERLAND N28°44'47"E 128.72 FEETTO AN EXISTING 1/2" IRON PIPE THE COMMON CORNER WITH HARVIE JACOBS (DB 1226, PG. 452); THENCE ALONG THE COMMON LINE WITH JACOBS THE FOLLOWING THREE BEARINGS AND DISTANCES: (1) N23°31'33"E 125.81 FEETTO AN EXISTING IRON ROD, (2) N06°07'48"E 193.85 FEETTO AN EXISTING 1/2" IRON PIPE, (3) N38`18'51"W 178.34 FEETTO AN EXISTING IRON ROD THE COMMON CORNER WITH HERBERT LEE WILLIS (DB 1084, PG. 908); THENCE ALONG THE COMMON LINE WITH WILLIS THE TWO BEARINGS AND DISTANCES: (1) N10°49'58"E258.90 FEET TO AN EXISTING 1/2" IRON PIPE, (2) N68°27'10"W 156.65 FEETTO AN EXISTING IRON ROD THE COMMON CORNER WITH HARVIE JACOBS (DB 1226, PG. 452); THENCE ALONG THE COMMON LINE WITH JACOBS N68'27'10"W 82.36 FEETTO A COMPUTED POINT; THENCE LEAVING THE JACOBS LINE THE FOLLOWING FOUR BEARINGS AND DISTANCES: (1) N54°42'29"W 423.75 FEET TO A COMPUTED POINT, (2) S35°1731"W 23.43 FEET TO A COMPUTED POINT, (3) S71-08'34"W 75.80 FEET TO A COMPUTED POINT, (4) S19°27'37"W 28.81 FEETTO A COMPUTED POINT ON THE JACOBS LINE; THENCE ALONG THE COMMON LINE WITH JACOBS N68°27'10"W 30.02 FEET TO AN EXISTING 1/2" IRON PIPE THE COMMON CORNER WITH THE HOOPER FAMILY CEMETERY (DB 1081, PG. 2028) AND HOOPER HILL LAND COMPANY, INC (DB 2714, PG. 1347); THENCE ALONG THE COMMON LINE WITH HOOPER HILL N19°27'37"E 1,181.86 FEET TO A COMPUTED POINT ON THE SOUTH EDGE OF THE CAPE FEAR RIVER AND BEING THE NORTHWESTERN M05T CORNER OF THE PROPERTY; THENCE ALONG THE RIVER 578°28'04"E 80.63 FEETTO A COMPUTED POINT; THENCE LEAVING THE RIVER 519`27'37"W 106.88 FEETTO A COMPUTED POINT; THENCE N74°48'23"W 50.00 FEET TO A COMPUTED POINT; THENCE S19°27'37"W 905.63 FEET TO A COMPUTED POINT; THENCE 570°32'23"E 70.97 FEETTO A COMPUTED POINT; THENCE S19°27'37"W 49.77 FEET TO A COMPUTED POINT; THENCE 554°42'29"E 423.34 FEETTO A COMPUTED POINT; THENCE 568°27'10"E 78.74 FEET TO A COMPUTED POINT; THENCE 568027'10"E 181.50 FEET TO A COMPUTED POINT ON THE EASTERN EDGE OF AN EXISTING 60' EASEMENT OF INGRESS, EGRESS AND REGRESS AS SHOWN ON MAP BOOK 64, PAGE 63; THENCE ALONG THE WESTERN EDGE OF SAID EASEMENT THE FOLLOWING NINE BEARINGS AND DISTANCES: (1) S10"49'58"W 270.03 FEET TO A COMPUTED POINT, (2) 538°18'51"E 176.88 FEET RECEIVED MAR 2 0 2020 WAP SECTION f4 H TO A COMPUTED POINT, (3) S06°07'48"W 210.69 FEET TO A COMPUTED POINT, (4) S23`31'33v 131.76 FEETTO A COMPUTED POINT, (5) S28°44'47"W 122.89 FEET TO A COMPUTED POINT, (6) S01046'21"W 142.04 FEET TO A COMPUTED POINT, (7) 529°55'40"W 57.40 FEETTO A COMPUTED POINT, (8) S28"29'33"W 153.26 FEET TO A COMPUTED POINT, (9) S28°29'33"W 110.44 FEETTO A COMPUTED ON THE COMMON LINE WITH HERBERT LEE WILLS (DB 859, PG. 1051); THENCE ALONG SAID COMMON LINE WITH WILLIS N82°12'14"W 32.07 FEET TO THE POINT OF BEGINNING, CONTAINING 110,280 SQUARE FEET OR 2.532 ACRES MORE OR LESS AS SHOWN ON THE PLAT TITLED "EASEMENT PLAT FOR JAMES Z. GODWIN II" BY STEWART DATED 06-10-19. TEMPORARY CONSTRUCTION EASEMENT: BEGINNING AT A COMPUTED POINT (POB) ALONG THE SOUTHERN EDGE OF THE CAPE FEAR RIVER AND BEING THE NORTHEAST CORNER OF THE UTILITY EASEMENT LOCATED S78°28'04"E 80.63 FEET FROM THE COMMON CORNER WITH HOOPER HILL LAND COMPANY, INC (DB 2714, PG.1347); THENCE FROM THE POB ALONG THE SOUTHERN EDGE OF THE RIVER S78028'04"E 80.66 FEET TO A COMPUTED POINT; THENCE LEAVING THE RIVER S12"O1'57"W 132.91 FEET TO A COMPUTED POINT; THENCE N74°48'23"W 147.34 FEET TO A COMPUTED POINT ALONG THE EASTERN SIDE OF THE UTILITY EASEMENT; THENCE ALONG THE UTILITY EASEMENT THE FOLLOWING THREE BEARINGS AND DISTANCES: (1) N19°27'37"E 21.03 FEET TO A COMPUTED POINT, (2) 574"48'23"E 50.00 FEET TO A COMPUTED POINT,'(3) N19°27'37"E 106.88 FEET TO THE POINT OF BEGINNING, CONTAINING 12,616 SQUARE FEET OR 0.290 ACRES MORE OR LESS AS SHOWN ON THE PLAT TITLED "EASEMENT PLAT FOR JAMES Z. GODWIN II" BY STEWART DATED 06-10-19. MAR 2 0 70?0 MP SECTION MHD EIE1 NT.a. I v, �• / OB I /B; YG IP. ` � _� 01 ANp UNINy fS5 \ DB IBrp � B61 c4"r4 -•c•> mrsYBpprLw EA4NNENl xwo-� C>a (� IxBib SF/OSaOM a N11Y � y1��NElI UaNTI'Et4LA'E OYpe r10.1G05F/z.1)SM I ��_— �1R� ;� �• �__I N .r. :a� a � 8 9g Sm � rc av m• rAmmn rov Noax :1 m x m rx • /m rpnss Am No.Ea �/ 9�lX'• NEM UTftlIY FASdfM ��ppyy''p , �; _� SS����IrplsD sr/2JJIM I � �40 �. mass um REmts Y 110, ODfI/1' EAY)tDR '® />• � /va Ne�w•Svr , Ip,1eo s / 1311 M � 1 m n. /c lw m ten ti ev FN Stn�-N-)Sll 1 g � gil�pfe�e ,\ N011M I L LEI or EI 0 100 200 400 /p�zY z /� avmR $GI. 1:: i• 200• ®f m N /c x b L m rss /A' v)/-m-NW1.1 IN Y/Ib'1-p-INJ ® v' Pdo roc SA✓asi Lukas AM „asm sr-/ zsu M iJ m• usoa r rm •wax . mw.xv 4 .11m411i•..�( SK Eypy r _ H� 9AHY 6 A MpRtm ealap/ /q A AS �� N CS EL�I GENERAL NOTES I. //69MlY YY6NmL21p 116@$NS AY umar tu) raa ra � er,wla t. aoaN rN ml-m-v-m¢ wo s Iqt A x�mmi6o A r�mr �r� WII�.Y/. p��vmwa laa, IIE N.64F11• s ra v¢rw„soo.r. ucs sna lamv Nne _-1 /O9mPL w1W B IIIO 61 (A 11 .YL m4l.QS MENIH IIIMY /FLI. MFA 9> mamnuc /nlm l CWR4CIm 9wl /!]a HA) rK 10.YtW 6ML N11/IR 6OOY 0.VOeC m6M4lbt - S IIL' F9Q.T MpIWIY 4 3fNt0 'dYM- (mw+lor o9. ua N SocAr E,sA acrmwm m a NsoE r� iWtYt awcc rmm •EY r,am OLIAro6' maeaen •� a ra /ram NAgPQ wrr - I/E= nom Bowen /•6 snore/ ' /•/¢w rtn rmLeprc aat. mNLwom /ImN /rarcaar. SLmV/ GAatt, ali[LI W 9111YSlaf C� LDf/e> iM1/ M YV ER M> MOI llb' CWIFYAiYI 6Ym1D /QI$ ALL 54MaPY MplAdle RR RGODa.0 R1P p/Ita/ wen MAR 2 0 2020 ®lal 06 B �e .-UP SECTION M m/Ba b L /G 1]v m bv. IC .) m >01. /C Ai m Im4 PG Cm M II)IN-YJA➢ /p Y)1-m-I}ytD �II>I-m-W-111t FN >111-Iq-AFI)11 STEWART F. VK ,Yy No> (NOT TO S E): LEGEND orn om,>c mll we eEw �mc vmx wo p[a fbb119 awAEt[ IYJIIYpI! • CbT11N FQIf a Imnr lac —aw— It OVKE n— INE vcasAo Nus In YaE Ewm•rlr C UMM rc� unm rw*nvrt EASEMENT PLAT FOR. JAMES Z. GODWIN Il rvNnnrrsr ,awn¢,ev mNalaiNor cromvry. Namx rwBO{aw MiE. 06-10-19 Sp1E: I' IW amlaal /: DIB,JS Shevr: M,ow Cy. ims / Of 7 EXHIBIT E Notice of Condemnation 11[`WIx ` MAR 2 0 2020 BRUNSWICK COUNTY ADMINISTRATION OFFICE OF THE COUNTY ATTORNEY BRUNSWICK COUNTY GOvERNrbIFNT CENTER BOB SHAVER COUNTY ATTORNEY BRYAN W. BATTON ASST. COUNTY ATTORNEY CERTIFIED MAIL RETURN RECEIPT REQUESTED February 19, 2020 NOTICE OF CONDEMNATION Mr. James Zack Godwin, II and Mrs. Elizabeth Godwin 1207 Castle Hayne Road Wilmington, North Carolina 28401 Dear Mr. and Mrs. Godwin: TELEPHONE (910) 253-2190 (800) 442-7033 FAX (910) 253-5258 This letter shall serve as official NOTICE OF ACTION under Chapter 40A-40 of the North Carolina General Statutes that the County of Brunswick intends to institute an action on March 20, 2020 to condemn by eminent domain the property described below in which you have or claim an interest. The purpose for which the property is being condemned is to install a water treatment discharge pipeline within a utility easement for the Brunswick County utility system. The property and interest being condemned is described on the attached exhibit. The property hereinabove described was acquired by you in Deed Book 2830, Page 662. The County estimates that just compensation fox your portion of these properties to be condemned is $45,775.00. The condemnation action will be fox the purpose of obtaining a utility easement as to which title to the easement will immediately vest in Brunswick County's name, when the complaint is filed to institute the action to condemn, pursuant to North Carolina General Statutes 40A-42. You have a right to commence an action in superior court of the county in which the land is situated to request that the court grant injunctive relief to prevent title from vesting as described in the preceding sentence. You also have a right to answer the complaint after it has been filed. You are advised to consult with an attorney regarding your tights. Sincerely yours, �t�ton RECEIVED Asst. County Attorney 7.020 SANDIFER ADMINISTRATION BUILDING 30 GOVERNMENT CENTER DarvE N.E., SUITE 325 POST OFFICE Box 249 • BouvLA • NORTH CAROLINA • 28422 MP SECTION pW ptp H D EXHIBIT A PERMANENT UTILITY EASEMENT: BEGINNING AT AN EXISTING 1/2" IRON PIPE (POB) THE COMMON CORNER WITH HERBERT LEE WILLIS (DB 859, PG.1051) AND HAZEL SOUTHERLAND (DB 908, PG. 7S7) AND BEING LOCATED 548°12'14"E 77.74 FEET FROM AN EXISTING 1" IRON PIPE LOCATED WITH NORTH CAROLINA GRID COORDINATES OF N: 212,629.3540 E: 2,279,220.4564, THENCE FROM THE POB ALONG THE PROPERTY LINE OF HAZEL SOUTHERLAND N28029'33"E 121.78 FEET TO A COMPUTED POINT THE COMMON CORNER WITH HAZEL SOUTHERLAND (DB 1512, PG. 619); THENCE ALONG THE COMMON LINE WITH SOUTHERLAND N28°29'33"E 153.64 FEET TO AN EXISTING IRON ROD THE COMMON CORNER WITH WILLIE DAVIS JR (DB 669, PG. 47); THENCE ALONG THE COMMON LINE WITH DAVIS THE FOLLOWING TWO BEARINGS AND DISTANCES: (1) N29°55'40"E 50.25 FEET TO AN EXISTING 1/2" IRON PIPE, (2) NO1'46'21"E 141.71 FEET TO AN EXISTING IRON ROD THE COMMON CORNER WITH HAZEL SOUTHERLAND (DB 761, PG. 290); THENCE ALONG THE COMMON LINE WITH SOUTHERLAND N28°44'47"E 228.72 FEET TO AN EXISTING 1/2" IRON PIPE THE COMMON CORNER WITH HARVIE JACOBS (DB 1226, PG. 452); THENCE ALONG THE COMMON LINE WITH JACOBS THE FOLLOWING THREE BEARINGS AND DISTANCES: (1) N23'31'33"E 125.81 FEET TO AN EXISTING IRON ROD, (2) N06°07'48"E 193.85 FEET TO AN EXISTING 1/2" IRON PIPE, (3) N38"18'51"W 178.34 FEET TO AN EXISTING IRON ROD THE COMMON CORNER WITH HERBERT LEE WILLIS (DB 1084, PG. 908); THENCE ALONG THE COMMON LINE WITH WILLIS THE TWO BEARINGS AND DISTANCES: (1) N10°49'58"E 258.90 FEET TO AN EXISTING 1/2" IRON PIPE, (2) N68°27'10"W 156.65 FEET TO AN EXISTING IRON ROD THE COMMON CORNER WITH HARVIE JACOBS (DB 1226, PG. 452); THENCE ALONG THE COMMON LINE WITH JACOBS N68'27'10"W 82.36 FEETTO A COMPUTED POINT; THENCE LEAVING THE JACOBS LINE THE FOLLOWING FOUR BEARINGS AND DISTANCES: (1) N54°42'29"W 423.75 FEET TO A COMPUTED POINT, (2) S35°17'31"W 23.43 FEETTO A COMPUTED POINT, (3) S71"08'34"W 75.80 FEET TO A COMPUTED POINT, (4) S19°27'37"W 28.81 FEETTO A COMPUTED POINT ON THE JACOBS LINE; THENCE ALONG THE COMMON LINE WITH JACOBS N68°27'10"W 30.02 FEET TO AN EXISTING 1/2" IRON PIPE THE COMMON CORNER WITH THE HOOPER FAMILY CEMETERY (DB 1081, PG. 1028) AND HOOPER HILL LAND COMPANY, INC (DB 2714, PG. 1347); THENCE ALONG THE COMMON LINE WITH HOOPER HILL N19°27'37"E 1,181.86 FEET TO A COMPUTED POINT ON THE SOUTH EDGE OF THE CAPE FEAR RIVER AND BEING THE NORTHWESTERN MOST CORNER OF THE PROPERTY; THENCE ALONG THE RIVER 578°28'04"E 80.63 FEETTO A COMPUTED POINT; THENCE LEAVING THE RIVER S19"27'37"W 106.88 FEETTO A COMPUTED POINT; THENCE N74°48'23"W 50.00 FEET TO A COMPUTED POINT; THENCE S19-27'37"W 905.63 FEETTO A COMPUTED POINT; THENCE S70°32'23"E 70.97 FEETTO A COMPUTED POINT; THENCE S19"27'37"W 49.77 FEET TO A COMPUTED POINT; THENCE S54°42'29"E 423.34 FEETTO A COMPUTED POINT, THENCE S68"27'10"E 78.74 FEET TO A COMPUTED POINT; THENCE S68°27'10"E 181.50 FEET TO A COMPUTED POINT ON THE EASTERN EDGE OF AN EXISTING 60, EASEMENT OF INGRESS, EGRESS AND REGRESS AS ALONG THE WESTERN EDGE OF SAID EASEMENT THESHOWN THENCE FOLLOWING NINE BEARINGS AND RECEIVED DISTANCES: (1) S10°49'58"W 270.03 FEET TO A COMPUTED POINT, (2) S38`18'51"E 176.88 FEET MAR 2 0 2020 P SECTION MHD TO A COMPUTED POINT, (3) 506°07'48"W 210.69 FEET TO A COMPUTED POINT, (4) S23°31'33"W 131.76 FEET TO A COMPUTED POINT, (5) S28°44'47"W 122.89 FEET TO A COMPUTED POINT, (6) S01*46'21"W 142.04 FEET TO A COMPUTED POINT, (7) S29-55'40"W 57.40 FEET TO A COMPUTED POINT, (8) S28°29'33"W 153.26 FEETTO A COMPUTED POINT, (9) S28°29'33"W 110.44 FEETTO A COMPUTED ON THE COMMON LINE WITH HERBERT LEE WILLS (DB 859, PG. 1051); THENCE ALONG SAID COMMON LINE WITH WILLIS N82°12'14"W 32.07 FEET TO THE POINT OF BEGINNING, CONTAINING 110,280 SQUARE FEET OR 2.532 ACRES MORE OR LESS AS SHOWN ON THE PLAT TITLED "EASEMENT PLAT FOR JAMES Z. GODWIN II" BY STEWART DATED 06-10-19. TEMPORARY CONSTRUCTION EASEMENT: BEGINNING AT A COMPUTED POINT (POB) ALONG THE SOUTHERN EDGE OF THE CAPE FEAR RIVER AND BEING THE NORTHEASTCORNER OF THE UTILITY EASEMENT LOCATED S78°28'04"E 80.63 FEET FROM THE COMMON CORNER WITH HOOPER HILL LAND COMPANY, INC (DB 2714, PG. 1347); THENCE FROM THE POB ALONG THE SOUTHERN EDGE OF THE RIVER S78028'04"E 80.66 FEET TO A COMPUTED POINT; THENCE LEAVING THE RIVER S12°01'57"W 132.91 FEET TO A COMPUTED POINT; THENCE N74°48'23"W 147.34 FEET TO A COMPUTED POINT ALONG THE EASTERN SIDE OF THE UTILITY EASEMENT; THENCE ALONG THE UTILITY EASEMENT THE FOLLOWING THREE BEARINGS AND DISTANCES: (1) N19027'37"E 21.03 FEET TO A COMPUTED POINT, (2) S74°48'23"E 50.00 FEET TO A COMPUTED POINT,'(3) N19°27'37"E 106.88 FEET TO THE POINT OF BEGINNING, CONTAINING 12,616 SQUARE FEET OR 0.290 ACRES MORE OR LESS AS SHOWN ON THE PLAT TITLED "EASEMENT PLAT FOR JAMES Z. GODWIN 11" BYSTEWART DATED 06.10-19, MAR 2 0 P020 PAP SECTION MHD ncmt Mrs � xd � Iry r / )-T (p rl. 12R@ S YI'VxY I I91B0 Y I LS12 AC mmyp ` IMLTrJImb 1p �yQ}G1('Q�/C��jl�' b N. K I! w, 5i Hmaw SURVEYOR STEWART M^ R � MBL'�A4M�ML'c 4_i zjY [Ir m9XJ1Y ri¢w• .a g Y.♦ � � I •: $ W MTtl'I!Y yp>• / YS L!I s !!Uz m.10' \`\ ail*�lt1t \ \ ( �J `y Y � I�Q m SF % �Z K• .� IY sll0llYY m1»• "`Yes ��1� ,®\ fJ p•M5p(ryI)ry MyQt QfJ i1N06) IDI1) :� \� /7�\ OI ® ® 05 02-- 06 muisic sl°�r r��'NT�� $GVE 1' iR¢ /1N L)IµNKb_f1b M n)/46 a wl L K ¢l WR gM nj�Y�)II} M ID)40 m�ll GENERAL NOTES 9nn w ¢ rmm m Am�.�w Mmvn n[) nr 111/ppnY as r. Qp» /N nJ1<¢-b-WI Y.¢ 619II M'yORYAA��AO WR4mp ��p4!¢aN¢pIM MMI¢.Mv LEGEND - s ramavm a¢a ¢ Ms w (m�m mMt6 A¢ra9rMY/¢r. AS, x mavRm lnRn ¢v Dews »r »c -s mmwaw sxv<m¢lmrwe mevsY nAu ¢n»v.ov» ¢Y.avo mwasJ¢a 0m oaYc mvm[ 9ulwmr -s x.9ra.)»anruam9z¢-s ♦ mw:®vovr (rYl¢Jvx aA ¢ 9r¢I s¢s _A x[¢lnra+KRw Qlli sates JYnsnr Il5 M JV! I[ lNA mril.Tfl m 4I1L[ IX ,L axsam ua r A,ww ava n9l4 Ms[ rtm ml¢»! —or— R.wm Y!m _ mmcre®a xnao smwwa w¢ wJ Jma nMm uo - new m¢®¢ as ms<¢¢m Jsa lur l¢amnrt - �9 6� LJ Iv ¢mm p9p1 smr r 14ww r♦>an, >nml d �La+4 man. mm) II¢Mv w °°i sw� mnlul ¢amm�n¢� nxo- mru Me EASEMENT PLAT FOA JAMES Z. GODWIN II I.ORRMSI 1[INMSMP RfitR6111-K NLCJRI, N'lYM CIRYBU are R6-lo-l9 SGIL' 1' � 1(p• �G�mjaq �: GIRIIS 9'»I: Mlr Da-10.-19 a» rrs i Of i NF9P SECTION MHD RIPARIAN NOTIFICATION FOR CAMA MAJOR PERMIT APPLICATION Brunswick County Public Utilities 250 Grey Water Road NE Supply, NC 28462 Certified Mail — Return Receipt Requested 1 /6/2020 Bluffs on the Cape Fear POA Inc. PO BOX 3728 Pinehurst, NC 28374-3728 Bluffs on the Cape Fear POA Inc: Brunswick County Public Utilities is applying for a Coastal Area Management Act (CAMA) Major permit to expand its Northwest Water Treatment Plant (NWTP) in Leland, NC. The project includes upgrades and expansion at the NWTP site; a raw water transmission main from the existing Lower Cape Fear Water and Sewer Authority raw water main to the NWTP; a concentrate discharge pipeline; and an outfall to the Cape Fear River. The specifics of the proposed work are described in the enclosed application forms and drawings. Whereas you are the owner of riparian (riverfront) property adjacent to the proposed outfalI at the Cape Fear River, I am required to notify you of the development in order for you to have opportunity to comment on this proposal. Please review the attached permit application and drawings. Should you have any comments on this proposal, please send your written comments to North Carolina Division of Coastal Management District Manager Tara MacPherson, Wilmington District, 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within 30 days of your receipt of this notice. Such comments will be considered by the Division in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-520- 1832, or e-mail me at hales)c(Z�cdmsmith.com. Sincerely, Jason Hales RECEIVED Wetland Scientist CDM Smith FEB 18 2020 DCM-MHD CITY RECEIVED JAN 2 7 2029 DCM WILMINGTON, NC RIPARIAN NOTIFICATION FOR CAMA MAJOR PERMIT APPLICATION Brunswick County Public Utilities 250 Grey Water Road NF Supply, NC 28462 Certified Mail — Return Receipt Requested 1 /6/2020 Hooper Hill Land Company Inc. 287 Chelsea Blvd Plainfield, NJ 07062-1704 Hooper Hill Land Company Inc: Brunswick County Public Utilities is applying for a Coastal Area Management Act (CAMA) Major permit to expand its Northwest Water Treatment Plant (NWTP) in Leland, NC. The project includes upgrades and expansion at the NWTP site; a raw water transmission main from the existing Lower Cape Fear Water and Sewer Authority raw water main to the NWTP; a concentrate discharge pipeline; and an outfall to the Cape Fear River. The specifics of the proposed work are described in the enclosed application forms and drawings. Whereas you are the owner of riparian (riverfront) property adjacent to the proposed outfall at the Cape Fear River, I am required to notify you of the development in order for you to have opportunity to comment on this proposal. Please review the attached permit application and drawings. Should you have any comments on this proposal, please send your written comments to North Carolina Division of Coastal Management District Manager Tara MacPherson, Wilmington District, 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within 30 days of your receipt of this notice. Such comments will be considered by the Division in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-520- 1832, or e-mail me at halesicAcdmsmith.com. Sincerely, RECEIVED RECEIVED Jason Hales Wetland Scientist JAN 2 7 2020 CDM Smith FEB 19 2020 DCM-MHD CITY DCM WILMINGTON, NC RIPARIAN NOTIFICATION FOR CAMA MAJOR PERMIT APPLICATION Brunswick County Public Utilities 250 Grey Water Road NE Supply, NC 28462 Certified Mail — Return Receipt Requested 1 /6/2020 James Z. Godwin 11 1207 Castle Hayne Rd Wilmington, NC 28401 James Z. Godwin II: Brunswick County Public Utilities is applying for a Coastal Area Management Act (CAMA) Major permit to expand its Northwest Water Treatment Plant (NWTP) in Leland, NC. The project includes upgrades and expansion at the NWTP site; a raw water transmission main from the existing Lower Cape Fear Water and Sewer Authority raw water main to the NWTP; a concentrate discharge pipeline; and an outfall to the Cape Fear River. The specifics of the proposed work are described in the enclosed application forms and drawings. Whereas you are the owner of riparian (riverfront) property adjacent to the proposed outfall at the Cape Fear River, I am required to notify you of the development in order for you to have opportunity to comment on this proposal. Please review the attached permit application and drawings. Should you have any comments on this proposal, please send your written comments to North Carolina Division of Coastal Management District Manager Tara MacPherson, Wilmington District, 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within 30 days of your receipt of this notice. Such comments will be considered by the Division in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-520- 1832, or e-mail me at halesjcacdmsmith.com. Sincerely, Jason Hales Wetland Scientist CDM Smith RECEIVED FEB 19 2020 DCM-MHD CITY RECEIVED JAN 27 2020 DCM WILMINGTON, NC Domestic .n PIN U rIN u 4-0 �, r 't 04DD TGe�111eJMeilFee f3.5D v s 10 ke."$e... ftmgpmfft 0 ❑('MIIM1M M"I M.e1.Ye M'•Y i--w 00 HM [�Od•sypuw.MHRI.e D.•.�/ $ f2.D5 $_ 01/07/2020 le ,-ITot•TPoego f - 35 E Ir ra ��J o„.. rM1 . ..-"AM$.,ai ...... ..... _.. ..._ ............... Postal MAIUD RECEIPT DomesticCERTIFIED a T IIILNINGTONr NC 28401j ri a °"F°° f3.50 0400 u $ 10 ExbaS° n,.w•ae.o.wh.`rarYy 7 ❑MMawfad-M $ 7 ❑M.Me.E•$ea•bie1 $� Poer m ❑chew $n.°k D*u $ $()-00 Here $2.05 a M /07/2020 .35 .3. Postal CERTIFIED MAILR RECEIPT v Domestic r, PLAINFIELDr NJ 07 � 63.50 RECEIVED L E 10 $•• MEr1. eoc •I A. ❑• r--"""'°�°"" 7 $ ❑r - wr4aI.•$w• $ fU "°"""" HM FFB 1 9 2020 '�""$ $2.05 A CM-MHD CITY 3 -1 Tole P*.t ,. 01/07/2020 E $1.35 s•°r o �, it .' �t sOKS—W � .:or zy.-. 5-...... RECEIVED aSee Revet..�r° 1 1 DCM WILMINGTON, NC Complete items 1, 2, and 3. a SIB^ ❑ Agent so that we can return the card to you. ❑ Addre Print your name and address on the reverse X Attach this card to the back of the mailplece, a by�1 nfe C. Date of Dell or on the front if space permits. Mc�leAddressed to: D. b dslNery edtlreaa diNeren[ born Item 17 ❑ Yea A POAIK. nvES. enter delivery atldress below: [3 No -\PA.ar j�r j NC A S 3 7 Y- 3-uP IIIIIIIIIIIIIIIIIIII IIIIIIIIIIII I III'IIIII III 9590 9402 5248 9154 7173 60 3. Service Type ❑ Priority Mail Expresso Article Number (Twofer from service label) u 7019 1640 0000 2335 41170101 Form 3811, July 2015 P8N 7530-02•BOOA053 rehire 0Rowe'pd Mail" ialure Restrcted DONery 0 Re?*md Mail Ra Doted Mad& Delivery Mel ResMctetl DerNery ❑ A.W. Receipt fa n Deiivmy Mgnatur n pe:lvery Resirictetl Delvery Co 0 signature Confimtalim"" Aa1 0Signature W. Aaii Restricted DelNery Wivera Peairkletl Delivery Domeatb Return Reupt , 7omplete Items 1, 2, and 3. A Signature Idnt your name and address on the reverse io that we can return the card to you. X 13 ❑ AAgent ee Wach this card to the back of the mallplece, S. Recelved by (Printed Name) C. Date of Delivery )r on the front if apace permits. irticle Addressed to /' I(11 Ti r+ C 5 2 . (T o' 1LCyw r ,OLL�(Y� PisNC D. Is deliveryaddress different from item 17 ❑ Yes It YES. enter delivery address below: O No d 3. eType C3�l�ncte IIIIIIIIillllllllllllllllllllllll l llllilllllll A&A Bfgnature ❑ Regalan d Mal" ❑� DtdNary 13 reaMMal led 9590 9402 5248 9154 7173 53 00 cCawlad Mak neamnad Delivery ❑ D. aecebl for ❑ Cdiect on Doh Ky Merctantlaa irticle Number 17hansfer from servke IebeR ❑ Cdlecr on Delivery Restricted Delivery 0 519naiure C f'"at 0- 7019 1640 0000 2335 4100 ieer Restricted Deilvery sRestricteedD�aiveryt� of Form 3811, July 2015 PSN 7530-02-0008053 Domestic Return Receipt RECEIVED FEB 19 2020 DCM-MHD CITY RECEIVED JAN 2 7 2020 DCM WILMINGTON, NC USPS Tracking® FAQs > Track Another Package + Tracking Number: 70191640000023354124 Remove X Your item was delivered to an individual at the address at 5:54 pm on January 11, 2020 in PLAINFIELD, NJ 07062. G Delivered January 11, 2020 at 5:54 pm Delivered, Left with Individual PLAINFIELD, NJ 07062 Get Updates v Text & Email Updates Tracking History January 11, 2020, 5:54 pm Delivered, Left with Individual PLAINFIELD, NJ 07062 Your item was delivered to an individual at the address at 5:54 pm on January 11, 2020 in PLAINFIELD, NJ 07062. January 11, 2020 In Transit to Next Facility RECEIVED FEB 19 2020 DCM-MHD CITY u n RECEIVED JAN 2 7 2020 DCM WILMINGTON. NC January 10, 2020, 10:11 pm Departed USPS Regional Destination Facility KEARNY NJ DISTRIBUTION CENTER January 10, 2020, 1:06 pm Arrived at USPS Regional Destination Facility KEARNY NJ DISTRIBUTION CENTER January 8, 2020, 12:06 am Arrived at USPS Regional Origin Facility CHARLOTTE NC DISTRIBUTION CENTER January 7, 2020, 10:00 am USPS in possession of item WILMINGTON, NC 28405 Product Information u See Less n Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs RECEIVED RECEIVED FEB 19 2020 DCM- JAN 9, 7 2020 MHD CIT'1f DCM WILMINGTON, NC 1-pT WWY r Hales, Jason C. From: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil> Sent: Thursday, January 16, 2020 11:01 AM To: Hales, Jason C. Cc: Boone, Kelly Subject: RE: Northwest Water Treatment Plant - Request for Preliminary Jurisdictional Determination Jason, If I can fit it In earlier or do a desk top review on it, I'll let you know. -] -----Original Message ----- From; Hales, Jason C. (mailto:halesjc@cdmsmith.com] Sent: Thursday, January 16, 202010:04 AM To: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mll> Cc: Boone, Kelly <BooneKR@cdmsmith.com> Subject: [Non-DoDSource] RE: Northwest Water Treatment Plant -Request for Preliminary Jurisdictional Determination That is great. Thank you. As always there is a bit of pressure on this one. I should have gotten this to you much earlier. Definitely keep us on the radar. It is a very accessible site. Jason Hales, PWS Coastal Wetland Scientist CDM Smith 15400 Glenwood Ave., Suite 400 1 Raleigh, NC 27612 t: 919.325.3588 1 c: 910.520.18321 halesjc@cdmsmith.com ----Original Message ----- From: Beecher, Gary H CIV USARMY CESAW (USA) <Gary. H. Beecher@ u sace.army.rn I> Sent: Thursday, January 16, 2020 9:58 AM To: Hales, Jason C. <halesjc@cdmsmith.com> Cc: Boone, Kelly <BooneKR@cdmsmith.com> Subject: RE: Northwest Water Treatment Plant- Request for Preliminary Jurisdictional Determination Let's go ahead and get you on the calendar before it fills up So March 10, 2020 at 10:007 Gary RECEIVED FEB 10 2020 -----Original Message ----- From: Hales, Jason C. [mailto:halesjc@cdmsmith.com] DCM WILMINGTON, NC Sent: Thursday, January 16, 2020 9:45 AM To: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil> Cc: Boone, Kelly <BooneKR@cdmsmith.com> Subject: [Non-DoD Source] RE: Northwest Water Treatment Plant- Request for Preliminary Jurisdictional Determination RECEIVED FEB 19 2020 DCM-RAI.11D r`ITN Thank you Gary. I'm always available if someone cancels or you free up some time. Jason Hales, PWS Coastal Wetland Scientist CDM Smith 15400 Glenwood Ave., Suite 400 ) Raleigh, NC 27622 t: 919.325.3588 1 c: 910.520.18321 halesjc@cdmsmith.com -----Original Message ----- From: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil> Sent: Thursday, January 16, 2020 9:42 AM To: Hales, Jason C. <halesjc@cdmsmith.com> Cc: Boone, Kelly <BooneKR@cdmsmith.com> Subject: RE: Northwest Water Treatment Plant- Request for Preliminary Jurisdictional Determination Jason, I received the PJD request on December 30, 2019 (all 3 of them) I think the earliest field date would be March 10, 2020 Gary -----Original Message ---- From: Hales, Jason C. [mailto:halesjc@cdmsmith.com] Sent: Friday, January 10, 2020 9:32 AM To: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil> Cc: Boone, Kelly <BooneKR@cdmsmith.com> Subject: [Non-DoD Source] RE: Northwest Water Treatment Plant - Request for Preliminary Jurisdictional Determination Hi Gary. I wanted to make sure you received this request. I hope I have your correct e-mail. Kelly and I have an ePCN for this project filled out if you would like us to send it as well. Please just let us know how you would like to proceed. Thank you. Jason Hales, PWS Coastal Wetland Scientist CDM Smith 15400 Glenwood Ave., Suite 400 ) Raleigh, NC 27612 t:919.325.35881c:910.520.18321halesjc@cdmsmith.com<mailto:halesjc@cdmsmith.com> RECEIVED From: Hales, Jason C. Sent: Monday, December 30, 2019 9:48 AM FEB 19 2020 DCM-MHD CITY To: Gary.H.Beecher@usace.army.mil Cc: Coburn, Chad <chad.coburn@ncdenr.gov>; Boone, Kelly <BooneKR@cdmsmith.com> Subject: Northwest Water Treatment Plant - Requestfor Preliminary Jurisdictional DetermiMeEIVED FEB 10 2020 DCM WILMINGTON, NC Good morning Gary. Hope you had a good Christmas. Attached is the PJD request for the Northwest Water Treatment Plant Expansion and Upgrades and Concentrate Discharge Pipeline Project. It is separated into 3 pdfs to keep it under 10MB. Two following e-mails. I understand it is still the Holidays so please keep me posted. Please let me know if you have any questions or need anything. Thank you. Jason Hales, PWS Coastal Wetland Scientist CDM Smith 15400 Glenwood Ave., Suite 400 1 Raleigh, NC 27612 t: 919.325,3588 1 c: 910.520.19321 halesjc@cdmsmith.com <mailto:halesjc@cdmsmith.com> RECEIVED FEB 19 2020 DCM-MHD CITY RECEIVED FEB 10 7` DCM WILMINGTON, NC Boone, Kelly From: Young, Brianna A <Brianna.Young@ncdencgov> Sent: Monday, June 24, 2019 9:16 AM To: Boone, Kelly Cc: Hennessy, John Subject: FWS response to endangered species for Northwest WTP Good morning Kelly, As mentioned at the meeting held last week, below is the response we received from the FWS concerning endangered species for the Northwest WTP permit application. Please forward to all appropriate individuals. If there is potential suitable habitat for Cooley's meadowrue and/or Rough -leaved loosestrife in the project area the plant surveys will need to be completed during the appropriate time of year htt s: www_fw�oyrileigh/pdfs/Optimal Surve Windows for listed plants.pdfI as they were conducted outside of the survey window for these plants. In January or March it would be extremely difficult to see the plants due to winter die off. Rare plants such as Rough -leaved loosestrife is often found along cleared right-of-ways so they should not be discounted when determining if suitable habitat is present. Thank you, Brlanna Young Environmental Specialist II Compliance and Expedited Permitting Branch Division of Water Resources Department of Environmental Duality Office: 919-707-3619 Brianna YoungO.nodenr.gov Mailing address: 1617 Mail Service Center Raleigh, NC 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED FEB 19 2020 t DCM-MHD CITY RECEIVED FEB 10 2020 DCM WILMINGTON, NC "fmith Memorandum From: Jason Hales, PWS, CDM Smith Date: January 29, 2020 Subject: Biological Assessment -Brunswick County Northwest Water Treatment Plant (NWTP) Upgrade and Expansion Project — Protected Species Survey Introduction This Biological Assessment (BA), prepared by CDM Smith on behalf of Brunswick County Public Utilities for the Northwest Water Treatment Plant (NWTP) Upgrade and Expansion Project, addresses the proposed action in compliance with Section 7 of the Endangered Species Act (ESA) of 1973 (Title 16 United States Code [U.S.C] § 1536 (c)), as amended. Section 7 of the ESA requires that, through consultation (or conferencing for proposed species) with the USFWS, federal actions do not jeopardize the continued existence of any threatened, endangered, or proposed species or result in the destruction or adverse modification of critical habitat. Not all threatened and endangered species that occur in North Carolina are subject to section 7 consultation with the USFWS. Atlantic and shortnose sturgeon, sea turtles, when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. This BA evaluates the potential effects of the proposed project on species that are listed under Section 7 of the ESA. Habitat assessments and field species surveys were conducted in January 2019 and March 2019, during the wetland delineation of the project study area (PSA), and in June 2019 and July 2019, during the U.S. Fish and Wildlife Service (USFWS) recommended survey windows for the federally threatened Cooley's Meadowrue (Thalictrum cooleyi) and Rough -leaved Loosestrife (Lysimachia asperulaefolia). Potential habitat for Cooley's Meadowrue and Rough -leaved Loosestrife was observed in the project area in ecotones of the intermittent drainages and wetlands along the roadside ditches and rights -of -way. Cooley's Meadowrue and Rough -leaved Loosestrife individuals were not observed during the field surveys. Project Description The NWTP upgrade and expansion project is located in Leland, North Carolina (Figure 1). The PSA includes the water treatment plant (WTP) site, proposed raw water transmission main corridor from the existing Lower Cape Fear Water and Sewer Authority raw water main to the WTP, and along the proposed concentrate discharge pipeline corridor and outfall to the Cape Fear River (Figure 2). RECEIVc RECEIVED DCM WILMINGTON. NC FEB 19 2020 FEB t o 2020 DCM-MHD CITY Page 2 Existing Environment Habitat and land use types within the PSA include paved roadways, maintained right-of-ways, utility lines and maintained easements, residences, uplands, wetlands, streams and the Cape Fear River. Forested uplands along the raw water main, at the WTP and along the concentrate discharge pipeline corridor contain primarily immature stands of loblolly pine, long leaf pine, water oak, sweet gum, red maple and tulip poplar. Most of these areas are in active silviculture production with planted pine tree species ranging from approximately twenty to forty years in age. Adjacent to the Cape Fear River are stands of mature red oak species with a few mature loblolly pines. Wetland areas include high pocosin along the raw water main corridor, Clearwell Drive and on the northern property; bay forest in the Carolina bays on Mt. Misery Road; coastal plain small stream swamp adjacent to the stream features crossing Hooper Road and on the northern property; and emergent wetlands in the maintained areas in the road right-of-ways and along the raw water main corridor. The remaining portion of the alignment is outside of wetlands, and the property consists of wooded land and residences. The high pocosin has a dense undergrowth of fetter -bush, large gallberry, ink berry and blueberry with a sparse canopy of loblolly pine, pond pine and laurel bay. The bay forest contains a sparse understory with thick greenbrier and a dense canopy of young red maples, loblolly pine and sweet gum. The coastal plain small stream swamp consists of mostly hardwood trees including black gum, water oaks, and red maples, along with cane and ferns in the understory. The emergent wetlands contain species of rush and various grasses. Representative photos are included. Federally Protected Resources A list of threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of the proposed project and/or may be affected by the proposed project was provided for the survey area by the USFWS through the ECOS-IPaC system on April 40,, 2019 (Attachment A). Field reconnaissance surveys for the USFWS federally protected threatened and endangered species on the list were conducted by CDM Smith within the project area on January 4th and 171h, 2019; March 4th and 14th, 2019; June 27th, 2019; and July 12M and 19th, 2019. Species that are endangered (E), threatened (T), candidate (C) and/or threatened due to similarity of appearance (SAT) on the list provided for the survey area is summarized in Table 1 below. Table 1. USFWS Species List for the NWTP Upgrade and Expansion Project -April Oh, 2019 Mammals West Indian Manatee Trichechus manatus Threatened Birds Piping Plover Charadriusmelodur Threatened Red Knot Calidris conutus rufa Threatened RECEIVED IVI=D DCM WILMINGTON, NC FEB 19 2020 FEB 1 0 7070 DCM-MHD CITY Page 3 Red -cockaded Woodpecker Picoides borealis Endangered Wood Stork Mycteria americans Threatened Reptiles American Alligator Alligator mississippiensis SAT Green Sea Turtle Chelonia mydas Threatened Hawksbill Sea Turtle Eretmochelys imbricata Endangered Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered Leatherback Sea Turtle Dermochelys coriacea Endangered Loggerhead Sea Turtle Caretto caretto Threatened Snails Magnificent Ramshorn Planorbella magnifica Candidate Flowering Plants Cooley's Meadowrue Thalictrum cooleyi Endangered Rough -leaved Loosestrife Lysimachia as eru►ae olia Endangered Seabeach Amaranth Amoranthus pmnilus Threatened Results RECEIVED The following outlines the findings from the field reconnaissance surveys. DCM WILMINGTON, NC Mammals FEB 1 0 2020 West Indian Manatee USFWS Recommended Survey Window: April 1 to July 31 Species Description: Most adult Manatees are about 10 feet long and weigh 800 to 1,200 pounds, although some larger than 12 feet and weighing as much as 3,500 pounds have been recorded. These "gentle giants" have tough, wrinkled brown -to -gray skin that is continuously being sloughed off. Hair is distributed sparsely over the body. With stiff whiskers around its mouth, the manatee's face looks like a walrus without tusks. Habitat: Manatees move between freshwater, brackish, and saltwater environments. They prefer large, slow -moving rivers, river mouths, and shallow coastal areas such as coves and bays. The REC NED FEB 19 2020 DCM-MHn OITY Page 4 animals may travel great distances as they migrate between winter and summer grounds. During the winter, Manatees congregate around warm springs and -around power plants that discharge warm water. During summer months, they have occasionally been seen as far north as Virginia and Maryland. Effects: Suitable habitat for the West Indian manatee is not present in the project area. The proposed project will have no effect on this species. I7[sn7-1[omers7iLa Birds Piping Plover (Charadrius melodus) — Threatened USFWS Recommended Survey Window: year-round. Species Description: The Piping Plover is a small, stocky shorebird resembling a sandpiper. The adults weigh 1.5 to 2 ounces, have a length of 7 inches, and a wingspread of 15 inches. Both sexes are similar in size and color; upper parts are pale brownish, underparts are white. A black band across the forehead over the eye, and a black ring around the base of the neck are distinguishing marks in adults during the summer that are obscure during the winter. Habitat Assessment: Piping Plovers nest along the sandy beaches of the Atlantic Coast, the gravelly shorelines of the Great Lakes, and on river sandbars and alkali wetlands throughout the Great Plains region. They prefer to nest in sparsely vegetated areas that are slightly raised in elevation (like a beach berm). Piping Plover breeding territories generally include a feeding area; such as a dune pond or slough, or near the lakeshore or ocean edge. These birds are primarily coastal during the winter, preferring areas with expansive sand or mudflats (feeding) in close proximity to a sandy beach (roosting). Effects: Suitable habitat for the Piping Plover is not present in the project area. The proposed project will have no effect on this species. P1ECEIVti Biological Conclusion: no effect DCM WILMINGTON, NC Red Knot (Calidris canutus rufa) — Threatened USFWS Recommended Survey Window: year-round. FEB 1 0 2020 Species Description: The Red Knot is 25-28 cm in length. Adults in spring are finely mottled with grays above, black and light ochre, running into stripes on crown; throat, breast and sides of head cinnamon -brown; dark gray line through eye; abdomen and undertail coverts white; uppertail coverts white, barred with black. Adults in winter are pale ashy gray above, from crown to rump, with feathers on back narrowly edged with white; underparts white, the breast lightly streaked and RECENEC FEB l 9 ZON CClu 4AHD CITY Page 5 speckled, and the Flanks narrowly barred with gray. Adults in autumn the underparts of some individuals show traces of the "red" of spring. Habitat Assessment: The Red Knot is a large sandpiper characterized by reddish head and breast during breeding plumage and gray the remaining year. They average 9-10 Inches In length with wingspans of 20-22 inches. They make one of the longest known migrations that extends upwards of 9,300 miles from the Artic to southern South America. They breed in dry tundra areas and are found along intertidal, marine habitats (i.e. coastal inlets, estuaries, and bays) the remaining time. Ems, Suitable habitat for the Red Knot is not present in the project area. The proposed project will have no effect on this species. Biological Conclusion: no effect Red -cockaded woodpecker (Picoides borealis) — Endangered USFWS Recommended Survey Window: April 1 to July 31 Species Description: The red -cockaded woodpecker (RCW) is a small black -and -white woodpecker with black wings, a black cap, a dull white breast with small black spots, and a barred, black -and - white back; a conspicuous large white cheek patch on each side of the head; red streaks ("cockades') on either side of the head of adult males that barely are visible; and small white spots arranged in horizontal rows along the back conveying a "ladder -back" appearance. Habitat, RCW typically occupy open, mature stands of southern pines, particularly longleaf pine, for foraging and nesting/roosting habitat. RCW excavate cavities for nesting and roosting In living pine trees, aged 60 years or older, and which are contiguous with pine stands at least 30 years of age to provide foraging habitat. Suitable foraging habitat consists of large mature pines with little or no mid -story and abundant herbaceous ground cover including native bunchgrasses and forbs. The historical range of this species Included Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Texas and Virginia. EffectsEffectsp Some suitable RCW foraging habitat is present in the PSA within the areas of planted loblolly and longleaf pines. However, no suitable nesting habitat was present within the study area or contiguous to the stands within the study area. Stands within and adjacent to the source line, the treatment plant and along the discharge corridor are immature and contain a substantial understory component. The proposed route is primarily with in the roadway right-of-way corridor with minimal tree clearing. The proposed project will have no effect on this species. Biological Conclusion: no effect RECEIVED F1 FEB 19 2020 DCM WILMING l'ON, NC DCM-MHD CITY FEB 1 0 2029 Page 6 Wood Stork (Mycteria americana) — Threatened USFWS Recommended Survey Window: June - September Species rim Wood storks are large, long-legged wading birds, about 50 inches tall, with a wingspan of 60 to 65 inches. The plumage is white except for black primaries and secondaries and a short black tail. The head and neck are largely un-feathered and dark gray in color. The bill is black, thick at the base, and slightly decurved. Immature birds are dingy gray and have a yellowish bill. Habitat: Wood storks typically nest in the upper branches of black gum or cypress trees that are in standing water. Standing water deters mammalian predators and is an essential element of colony sites. Wood storks require open access to nest trees and are frequently found in trees adjacent to open water areas. Wood storks frequently feed in large groups in open wetlands where prey species are available and water depths are less than 20 inches. Forested riverine Floodplain habitats are frequently used, but a variety of ponds, ditches and diked marsh impoundments are important habitats. Effects: The shoreline of the Cape Fear River could provide foraging habitat for wood storks in the project area. The Cape Fear River is a relatively high Flow system and contains deep water along the bank in the project area. This habitat is not optimal foraging habitat for wood storks. Potential impacts to the shoreline of the Cape Fear River would be limited in size and duration for the discharge pipe installation. Abundant higher quality wood stork foraging habitat is available in the slower, shallower waters of the smaller tributary streams off the main river channel. The proposed project will have no effect on this species. Rinloeical Conclusion: no effect Reptiles American Alligator (Alligator mississipplensis) - Similarity of Appearance (Threatened) USFWS Recommended Survey Window: year-round (only warm days in winter) Species_ Description; The American alligator is a large, semi -aquatic, armored reptile that is related to crocodiles. Their body ranges from 6 -14 feet long. Almost black in color, it has prominent eyes and nostrils with coarse scales over the entire body. It has a large, long head with visible upper teeth along the edge of the jaws. Its front feet have 5 toes, while rear feet have 4 toes that are webbed. Habitat Assessment American alligators inhabit fresh and brackish marshes, ponds, lakes, rivers, swamps, bayous, canals, and large spring runs. They often bask on partially submerged logs or on land next to the water. Alligators dig dens in river or lake margins or in marshes; they spend cold winter and drought periods in the den. RECEIVED DCM WILMINGTON. NC FEB 19 2020 FEB 1 o 2020 ®CAA-MHD CITY Page 7 Effects: The American alligator is listed as threatened due to its similarity in appearance to the American crocodile, which is extremely rare and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. The proposed project will have no effect on this species. Bloloeical Conclusion: no effect Green Sea Turtle (Chelonla mydas) - Threatened USFWS Recommended Survey Window: April - August Species Description: The green sea turtle grows to a maximum size of about 4 feet and a weight of 440 pounds. It has a heart -shaped shell, small head, and single -clawed flippers. Color is variable. Hatchlings generally have a black carapace, white plastron, and white margins on the shell and limbs. The adult carapace is smooth, keelless, and light to dark brown with dark mottling; the plastron is whitish to light yellow. Adult heads are light brown with yellow markings. Identifying characteristics include four pairs of costal scutes, none of which borders the nuchal scute, and only one pair of prefrontal scales between the eyes. Habitat Assessment: Green sea turtles are generally found in fairly shallow waters (except when migrating) inside reefs, bays, and inlets. The turtles are attracted to lagoons and shoals with an abundance of marine grass and algae. Open beaches with a sloping platform and minimal disturbance are required for nesting. Green sea turtles apparently have a strong nesting site fidelity and often make long distance migrations between feeding grounds and nesting beaches. Hatchlings have been observed to seek refuge and food in Sargassum rafts. Effects: Suitable habitat for green sea turtles is not present in the project area. The proposed project will have no effect on this species. Bloloeical Conclusion: no effect Hawksbill Sea Turtle (Eretmochelys Imbricate) - Endangered USFWS Recommended Survey Window: April - August Species Description: The Hawksbill sea turtle is one of seven species of sea turtles found throughout the world. One of the smaller sea turtles, It has overlapping scutes (plates) that are thicker than those of other sea turtles. This protects them from being battered against sharp coral and rocks during storm events. Adults range in size from 30 to 36 inches carapace length and weigh 100 to 200 pounds. Its carapace is an attractive dark brown with faint yellow streaks and blotches and a yellow plastron. The name "hawksbill" refers to the turtle's prominent hooked beak. Habitat Assessment; The Hawksbill sea turtle is highly migratory and utilize the waters of more than one country in their lifetimes. Thus, they share resources among many nations. Hawksbill Sea RECEIVED i WILM_iV-1O NM WILNiliJG70, NC FEB 19 2020 FLR 1 0 7020 DCM-MHD CITY Page 8 Turtles regularly nest on beaches within the U.S. and all depend upon U.S. coastal waters for foraging and migratory habitat during certain stages of their life history. Effects% Suitable habitat for Hawksbill sea turtles is not present in the project area. The proposed project will have no effect on this species. Biological Conclusion: no effect Kemp's Ridley Sea Turtle (Lepldachelys kempli) - Endangered USFWS Recommended Survey Window: April - August Species Description: The Kemp's Ridley turtle is the smallest of the sea turtles, with adults reaching about 2 feet in length and weighing up to 100 pounds. The adult Kemp's Ridley has an oval carapace that is almost as wide as it is long and is usually olive -gray in color. The carapace has five pairs of costal scutes. In each bridge adjoining the plastron to the carapace, there are four inframarginal scutes, each of which is perforated by a pore. The head has two pairs of prefrontal scales. Hatchlings are black on both sides. The Kemp's Ridley has a triangular -shaped head with a somewhat hooked beak with large crushing surfaces. This turtle is a shallow water benthic feeder with a diet consisting primarily of crabs. Habitat Assessment: Kemp's Ridley sea turtles occur In the Atlantic Ocean and the Gulf of Mexico. The females come ashore only to lay eggs. Effects: Suitable habitat for Kemp's Ridley sea turtles is not present in the project area. The proposed project will have no effect on this species. Biological Conclusion: no effect Leatherback Sea Turtle (Dermochelys corlacea) - Endangered USFWS Recommended Survey Window: April - August Species Description: The Leatherback sea turtle is the largest, deepest diving, and most migratory and wide ranging of all sea turtles. The adult Leatherback sea turtle can reach 4 to 8 feet in length and 500 to 2,000 pounds in weight. Its shell is composed of a mosaic of small bones covered by firm, rubbery skin with seven longitudinal ridges or keels. The skin is predominantly black with varying degrees of pale spotting, including a notable pink spot on the dorsal surface of the head in adults. A toothlike cusp is located on each side of the gray upper jaw; the lower jaw is hooked anteriorly. The paddle -like clawless limbs are black with white margins and pale spotting. Habitat Assessment: The Leatherback sea turtle is highly migratory and utilize the waters of more than one country In their lifetimes. Thus, they share resources among many nations. Leatherback sea turtles regularly nest on beaches within the U.S. and all depend upon U.S. coastal w ters fqr . , . _. . foraging and migratory habitat during certain stages of their life history. -" ` L DGldl WILM.Ii IG1 ON, NG DECEIVED FEB 1 o 2020 FEB 19 2020 DCM-MHD CITY Page 9 Effects: Suitable habitat for Leatherback sea turtles is not present in the project area. The proposed project will have no effect on this species. Biological Conclusion: no effect Loggerhead Sea Turtle (Caretta caretta) - Threatened USFWS Recommended Survey Window: April - August Species Description: Loggerhead sea turtles were named for their relatively large heads, which support powerful jaws and enable them to feed on hard -shelled prey, such as whelk and conch. The carapace is slightly heart -shaped and reddish -brown in adults and sub -adults, while the plastron is generally a pale yellowish color. The neck and Flippers are usually dull brown to reddish brown on top and medium to pale yellow on the sides and bottom. Weight of adults in the southeastern U.S. is approximately 250 pounds. Habitat Assessment: The Loggerhead sea turtle is highly migratory and utilize the waters of more than one country in their lifetimes. Thus, they share resources among many nations. Loggerhead sea turtles regularly nest on beaches within the U.S. and all depend upon U.S. coastal waters for foraging and migratory habitat during certain stages of their life history. Effects: Suitable habitat for Loggerhead sea turtles is not present in the project area. The proposed project will have no effect on this species. Biological Conclusion: no effect Snails Magnificent Ramshorn (Planorbella magnifica) — Candidate USFWS Recommended Survey Window: year-round. Species Description; The Magnificent Ramshorn is a freshwater snail. It has relatively thin brown to horn colored shell with leopard -like spots and is fragile. The center of the shell is deeply sunken on each side, with coils having steep slopes which form acute to sub -acute angles on the outside edges of the coils. The aperture of the shell is somewhat bell -shaped and very wide, extending beyond the sides of the shell. Habitat Assessment: The Magnificent Ramshorn is believed to be a southeastern North Carolina endemic. Available information indicates that suitable habitat forthe species is restricted to relatively shallow, sheltered portions of still or sluggish, freshwater bodies with an abundance and diversity of submerged aquatic vegetation.'rhe species is known from only four sites in the lower Cape Fear River Basin in North Carolina, all ponds with Boating aquatic vegetation, Orton Pond, Greenfield Lake, a millpond on Sand Hill Creek in Brunswick County and possibly a captive, refuge RECEIVED I i_'�.'`Ivcu DCM WILMINGTON, NC FEB 19 2020 FFR 1 0 7NO DCM-MHD CiTY Page 10 population created by Dr. Andy Woods UNCW. The last observed living specimen in the wild was in Orton Pond in 1986. Effecter Suitable habitat for the Magnificent Ramshorn is not present in the project area. The proposed project will have no effect on this species. Bioloeical Conclusion: no effect Plants USFWS Recommended Survey Window: mid -June through early July Cooley's Meadowrue (Thalictrum cooleyl) — Endangered Species Description: Cooley's meadowrue is a perennial herb which grows from a rhizome. Tile stems are usually 3.3 feet in height, but sometimes grow as high as 6.6 ft on recently burned sites. Under ideal conditions, in full sun, these stems are erect; however, when shaded they are lax and may trail along the ground or lean on other plants. The compound green leaves are divided into three parts and the leaflets are lance -shaped and less than 2 centimeters long. The plant has both basal and stem leaves. All parts ofthe plant are glabrous, having virtually no hairs or glands. Each plant is unisexual, and the male to female ratio is 3 to 1. The flowers have no petals. The sepals on the male plants are pale yellow to white. There are numerous stamens, and the filaments are pale lavender. Female plants have green sepals, and their short -stalked, ribbed carpels develop into narrowly ellipsoidal achenes. Cooley's meadowrue flowers in mid -June to early July. The fruits are spindle -shaped carpels which develop into 6 millimeters long achenes, maturing in August or September, and remaining on the plant into October. If the plants grow in partial shade instead of full sun, flowering may be delayed by as much as two weeks. Habitat Assessment: Cooley's meadowrue, occurs in circumneutral soils in sunny, moist to wet grass -sedge bogs, wet -pine savannas over calcareous clays, and savannah -like areas, often at the ccotones of intermittent drainages or non-riverine swamp forests. This rhizomatous perennial herb is also found along plowed firebreaks, roadside ditches and rights -of -way, forest clearings dominated by grass or sedge, and power line or utility rights -of -way. The species requires some type of disturbance (e.g., mowing, clearing, periodic fire) to maintain its open habitat. The plant typically occurs on slightly acidic (pH 5.8-6.6) soils that are loamy fine sand, sandy loam, or fine sandy loam; at least seasonally moist or saturated. Plants often found growing with Cooley's meadowrue include tulip poplar bald cypress and Atlantic white cedar. Foreston, Grifton, Muckalee, Torhunta, and Woodington are some of the soil series in which that the plant occurs. Effects: Suitable habitat for Cooley's meadowrue is present in the project area. Ecotones of intermittent drainages and non-riverine swamp forests, including bay forest and pocosin; roadside ditches and rights -of -way; and power line or utility rights -of -way are present in the project arear V , IJ The ecotone transitions are in mapped upland and wetland fine sandy soils. Two GTON, NC RECEIVED FEB 1 0 2020 FEB 19 2020 DCM-MHD CITY Page 11 drainages with wetlands are located along the source line. The wetlands are emergent and maintained as a tight -of -way. Two similar Intermittent drainages are located on Clearwell Drive. These drainages have emergent wetlands in the right-of-way along Clearwell Drive and pocosin vegetation beyond the right-of-way. In between Clearwell Drive and Hooper Road, Mt. Misery Road crosses two bay forests with emergent wetlands in the right-of-way. On Hooper Road, there is a perennial drainage with forested bottomland hardwood wetlands and emergent wetlands in the right-of-way. The northern property has two intermittent drainages with adjacent bottomland hardwood wetlands. The bottomland hardwood wetlands grade uphill into pocosin wetlands. These areas of potential habitat for Cooley's meadowrue were surveyed for species in January, March, June and July 2019. No individuals of Cooley's meadowrue were observed during the field surveys for this project. Therefore, the proposed project may affect, but is not likely to adversely affect this species. Biological Conclusion: may affect, but is not likely to adversely affect Rough -leaved Loosestrife (Lysimachia asperulaefolla) — Endangered USFWS Recommended Survey Window: mid -May through September Specie Description: Rough -leaved loosestrife is a perennial herb that grows 30 - 60 cm tall. The triangular shaped leaves are often opposite on shorter stems (less than 30 cm tall) and tend to be arranged in whorls of three or four encircling taller stems. The leaves are widest at the base (0.8 - 2.0 cm wide) and have three prominent veins. Contrary to the common name, the leaf surfaces are smooth to the touch. The yellow flowers are 1.5 cm across with yellow -orange anthers and occur on terminal racemes that are 3 -10 cm long. Flowering occurs from mid -May through June, with fruits (capsules) present from July through October. Since only a few stems in each population flower in any given year, surveyors should look for the leaves rather than yellow flowers. Stipitate glands are usually present on most parts of the plant. Habitat Assessment: Rough -leaved loosestrife, endemic to the Coastal Plain and Sandhills of North and South Carolina, generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins on moist to seasonally saturated sands and on shallow organic soils overlaying sand. Rough -leaved loosestrife has also been found on deep peat in the low shrub community of large Carolina bays. The grass -shrub ecotone, where Rough -leaved loosestrife is found, is fire - maintained, as are the adjacent plant communities (longleaf pine - scrub oak, savanna, flatwoods, and pocosin). Suppression of naturally -occurring fire in these ecotones results in shrubs increasing in density and height and expanding to eliminate the open edges required by this plant. Several populations are known from roadsides and power line rights of way where regular maintenance mimics fire and maintains vegetation so that herbaceous species are open to sunlight. Blaney, Gilead, Johnston, Kalmia, Leon, Mandarin, Murville, Torhunta, and Vaucluse are some of the soil series in which the plant occurs. RECEIVED DCiM WILIVNGTON, NG FEB 1 0 2020 FEB 19 2020 DCM-MHD CITY Page 12 Effects: Suitable habitat for Rough -leaved loosestrife is present in the project area. The ecotone habitats in the project area discussed above for Cooley's meadowrue are potential habitat for rough -leaved loosestrife. The upland ridges associated with these areas are mapped Baymeade soils. Baymeade and other xeric sandy soils are associated with long leaf pine communities. Though not the dominant species, long leaf pines are present in some upland communities of the ecotones. These areas of potential habitat for Rough -leaved loosestrife were surveyed for species in January, March, June and July 2019. No individuals of Rough -leaved loosestrife were observed during the field surveys for this project. Therefore, the proposed project may affect, but is not likely to adversely affect this species. Biological Conclusion: may affect, but is not likely to adversely affect Seabeach Amaranth (Amaranthus pumflus) —Threatened USFWS Recommended Survey Window: July through October Species Description: Seabeach amaranth is an annual plant found on the dunes of Atlantic Ocean beaches. The stems are Fleshy and pinkish -red or red, with small rounded leaves. The leaves, with indented veins, are clustered toward the tip of the stem and have a small notch at the rounded tip Flowers and fruits are relatively inconspicuous, borne in clusters along the stems. Germination occurs over a relatively long period of time, generally from April to July. Upon germination, the species forms a small unbranched sprig, but soon begins to branch profusely into a clump. This clump often reaches 30 cm in diameter and consists of five to 20 branches. Occasionally, a clump may get as large as a meter or more across, with 100 or more branches. Habitat Assessment: Seabeach amaranth occurs on barrier island beaches, where its primary habitat consists of overwash Flats at accreting ends of islands and lower foredunes and upper strands of non -eroding beaches. It occasionally establishes small temporary populations in other habitats, including sound -side beaches, blowouts in foredunes, and sand and shell material placed as beach replenishment or dredge spoil. Seabeach amaranth appears to be Intolerant of competition and does not occur on well -vegetated sites. The species appears to need extensive areas of barrier island beaches and inlets, functioning in a relatively natural and dynamic manner. These characteristics allow it to move around in the landscape as a fugitive species, occupying suitable habitat as it becomes available. F.f ecm Suitable habitat for the Seabeach amaranth is not present in the project area. The proposed project will have no effect on this species. I=reTmRs,TiC�1 t immeat RECEIVED I. i d DCM wiLtiir u I ON, roc FEB 19 2020 FEB 1 0 2020 DCM-MHD CITY Page 13 Critical Habitat Critical habitat within the boundary of the proposed project area under USFWS jurisdiction was not listed on April 4+h, 2019 letter provided for the survey area by the USFWS. Conclusions and Determination Cooley's Meadowrue and Rough -leaved Loosestrife are the only species which may be affected by the proposed project. Potential habitat for both species is present within the PSA, however Cooleys Meadowrue and Rough -leaved Loosestrife were not observed during the field surveys. The proposed project is designed primarily within the existing road right-of-way and potential impacts to un maintained areas will be the minimum for the treatment plant upgrade and expansion project. Trenchless construction methods will also be used to cross stream and wetland areas where practicable. Therefore, the proposed project may affect, but is not likely to adversely affect these species. None of the species on the list provided by the USFWS for the survey area on April 41h, 2019 were seen during the on -site surveys. Based on minimal planned impacts and no observations of the listed species during the field surveys, the proposed action will not adversely affect any threatened or endangered species or critical habitats currently listed by the USFWS. Completed by: 1/29/2020 Jason Hales, PWS, CDM Smith Date Biologist Attachments: Photographs Figure 1. Project Vicinity Map Figure 2. Project Study Area Map USFWS IPaC Report Letter, April 41h, 2019 RECEIVED FEB 19 2020 DCM-MHD CITY DCivl WILIVING-1 ON, NC FEB 1 0 2020 Page 14 Photographs Photo 1: Cape Fear River and upland community in northern portion of the project area. RECEIVED FEB 19 2020 DCM-MHD CITY Photo 2: Small stream and adjacent small stream swamp wetlands in northern portion of the project area. DCM WILMING-i ON, NC FEB 1 0 2020 -fir k� nr�4 '.��� +�7: '�' I• �. r �• + 't 1 e 1 � !y+ .4 ^��? a rtY � 1 • t,` Page 16 Photo 5: Bay forest on Mt. Misery Road in central portion of the project boundary. Photo 6: Emergent wetlands near the treatment plant. RECEIVED FEB 19 2020 DCM-jVIHD CITY DCM WI! NII!G UtJ, (dC FEB 1 0 2020 Page 17 Photo 7: Right-of-way on Hopper Road with thin strip of emergent wetland Photo 8: Emergent wetland in powerline adjacent to Mt. Misery Road. RECEIVED FEB 19 2020 DCM-MHD CITY RELCi=1Vi_D DCM WILMING'I ON, NC FEB 1 0 2020 Page 18 Photo 9: Emergent wetland in small Carolina Bay adjacent to Mt Misery Road. RECEIVED FEB 19 2020 DCM-MHD CITY Photo 10: Forest wetlands/intermittent stream drainage on northern property. DCM VJILMII G-iGN, NC FEB 1 o 2020 7.4 211) %dom000 OW0041 R CSpmth N I 012 4 6 8 10 ® Mlles Iz1o) r (133� AkMMM F-F�CEIVCD DCM WILMINGTON, NC FEB 1 0 2020 Figure 1. Project Vicinity map Northwest WTP Expansion Site Bru ppt�y, North Carolina 10=roject No. 232662 DCM-MHD CITY ��th i f �e.•��ici b tl., DCM WILMIN 1 Oi'l, ! Figure 2. Project Study Area map Northwest WTP Expansion Site Brunswick County, North Carolina lElPf"Nect No. 232662 FEB 1 0 2020 0 am VW 3,40 re« DCM-MHD CITY United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2019-SLI-0736 Event Code: 04EN2000-2019-E-01664 Project Name: Northwest Water Treatment Plant April 04, 2019 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or H- _E= ;EIVFL) RECEIVED DCM WILMINGTON, NC FEB 19 2020 r.)rM-rMHn cry 04/04/2019 Event Codes 04EN2000-2019-F-01664 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws,gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and hiip://www fws.gov/mivatorybirds/CurrcntBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. RECEIVED - ,= Dv vl VVILIVilivia7ON, NC FEB 19 2020 FEB 1 0 2020 DCM-MHD CITY 04/04/20?9 Event Code: 04EN2000-2019-E-01W Attachment(s): Official Species List RECEIVED FEB 19 2020 CCM-MHD CITY F =o i-va DOM>L'll1 ON, NO FEB 1 0 2020 04/04/2019 Event Code04FN2000-2019-E-01664 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 RECEIVED FEB 19 2020 DCA4-A4HD CITY DCM VffixkTON, NC FEB 1 0 2010 04/04/2019 Event Code: 04EN2000-2019-E-01664 2 Project Summary Consultation Code: 04EN2000-2019-SLI-0736 Event Code: 04EN2000-2019-E-01664 Project Name: Northwest Water Treatment Plant Project Type: WATER SUPPLY / DELIVERY Project Description: Expansion of the Brunswick County Northwest Water Treatment Plant to allow greater removal of emerging contaminants (e.g., GenX, Naflon Byproducts 1 and 2, other perfluoroalkyl substances (PFAS), and numerous other contaminants) that can be found in the source raw water. Project Location: Approximate location of the project can be viewed in Google Maps: htt www google com/nlaps/place/34 31762438272368N78,08880602792922W Counties: Brunswick, NC RECEIVED FEB 19 2020 DCM-MHD CITY DOA WILMIi '4U f0N, NC FEB 1 0 2020 04/04/2019 Event Code:04EN2000-2019-E-01664 Endangered Species Act Species There is a total of 15 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries', as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals N W d I STATUS West Indian Manatee Trichechus inanatus Threatened There is final critical habitat for this species. Your location is outside the critical habitat. This species is also protected kv floe Marine Maaunal Protection Act, and may have additional consultation requirements. Species profile: llilps;//eco5,fN%,s.gov/ ptfi ecies/44G9 RECEIVED FFB 19 2020 DCM-MHD CITY OCM WILWH31ON, NC FEB 1 0 2020 04/04/2019 Event Code: 04EN2000-2019-E-01664 Birds NAME STATUS Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: htlos•//ecos fws guy/ecntscecies/6039 Red Knot Calidris canutus nrfa Threatened No critical habitat has been designated for this species. Species profile: hllos:Hccus fws gov/eco/snecics/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: httoss//ecos fws gov/ccpLapccics/7614 Wood Stork Mycteria americans Threatened Population: AL, FL, GA, MS, NC, SC No critical habitat has been designated for this species. Species profile: httosw//ecos.fws ggv/gcp/sMies/8477 RECEIVED FEB 19 2020 DCMI-MIHC CITY DOMI WILNdiJa1ON, NC FEB 10 20 04/04/2019 Event Code: 04EN2000-2019-E-01664 Reptiles NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: hllps//coos fws gpv/ecolsoccics/77G (Threatened) Green Sea Turtle Chelonia mydas Threatened Population; North Atlantic DPS No critical habitat has been designated for this species. Species profile; hi(os,//ecos fws gov/ecp/smcies/6199 Hawksbill Sea Turtle F.retmochelys imbricata Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: li(tpsr//ccos.fws.gov/ecpl,5peciest-305(1 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: hltos•//ecos fwgyov/ecp/soecics/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: tl(ps�//ecos fws gov�o/soecies/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: hllps //ecos fws gov/c,/sKcies/I I10 Snails NAME STATUS Magnificent Ramshom Planorbella magnifica Candidate No critical habitat has been designated for this species. Species profile: h1Ms://Leos fes gov/ccp/spccics/6216 RECEIVED FEB 19 2020 I)CM-MHO] CITY R; _c`lvi_ I-1 DC11A WILWNGYUN, NC FEB 1 0 2020 04/04/2019 Event Code: 04EN2000-2019-E-01664 6 Flowering Plants N MJ 1 STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile: httns•//ecos fws guv/ecpt,5Mies/3281 Rough -leaved Loosestrife Lysimachia asperulaejolia Endangered No critical habitat has been designated for this species. Species profile: httns•//ecos fws guvtern/species/2747 Seabeach Amaranth A,naranthus pumilus Threatened No critical habitat has been designated for this species. Species profile: li(tits://ecos.fAv5.gov/ct;p6-pccivst8549 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. RECEIVED FEB 19 2020 DCM-MHD CITY DC'M bVILMINGTON, NC FEB 1 o 2020 ytrvw�t :�:) /'SPC. Ms. Alaina McCurdy WIFIA Environmental Scientist, WIFIA Water Infrastructure Division Office of Wastewater Management William Jefferson Clinton Building 1200 Pennsylvania Avenue, N.W. Washington, DC 20460 UNITED BTATEB DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Silver Spr'n8• MD 20910 JUN 19 2019 Refer to NMFS No: OPR.2019-01189 RE: Response to the Request for Concurrence Pursuant to Section 7 of the Endangered Species Act on Consultation Code: 04EN2000-2019-SLI-0736; Water Treatment Plant Expansion and Advanced Treatment Improvements Project Applicant: Brunswick County, North Carolina Dear Ms. McCurdy: On May 21, 2019, the National Marine Fisheries Service (NMFS) received your request for a written concurrence under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.) that Environmental Protection Agency's (EPA) Water Infrastructure Finance and Innovation Act (33 U.S.C. §5201 et seq.) program's support of Brunswick County's Northwest Water Treatment Plant Expansion and Advanced Treatment Improvements Project is not likely to adversely affect species listed as threatened or endangered or critical habitats designated under the ESA. This response to your request was prepared by NMFS pursuant to section 7(a)(2) of the ESA, implementing regulations at (50 CFR §402), and agency guidance for preparation of letters of concurrence. We reviewed the consultation request document and related materials submitted by your agency. Based on our knowledge, expertise, and the materials submitted in your request for informal consultation, we concur with the EPA's conclusions that the proposed action is not likely to adversely affect the NMFS ESA -listed species and/or designated critical habitat. Specifically, we have determined that that the effects of the proposed action on Shortnose and Atlantic sturgeon and designated critical habitat for Atlantic sturgeon would be insignificant. This determination is based on the adjustments made to the discharge to eliminate toxicity, taken with refinement of the target dilution and demonstration that design criteria achieve compliance with the primary nursery area/high quality water regulations and State and EPA mixing zone requirements. While your documentation did not identify interrelated or interdependent activities, a statement to that effect was not made in your documentation. NMFS has made the determination for you that there are no interrelated or interdependent activities for this action. This concludes consultation under the ESA for species and/or designated critical habitat under NMFS's purview on EPA's Water Infrastructure Finance ang Innovation Act program's support of Brunswick County's Northwest Water Treatment Plant EkpansigmvgI�aced Treatment E Improvements Project. IIIIII ((::EE RECEIVED FEB 10 2020 $ 4I Frinted on Recycled Paper t FEB 19 2020 DCM WILMINGTON, NC r`1, ® DCM-MHD CITY Reinitiation of consultation is required and shall be requested by the EPA or by NMFS where discretionary Federal involvement or control over the action has been retained or is authorized by law and: (a) take occurs; (b) new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered in this consultation; (c) the action is subsequently modified in a manner that causes an effect to the listed species or critical habitat not previously considered in this consultation; or (d) if a new species is listed or critical habitat designated that may be affected by the action (50 CFR §402.16). We look forward to further cooperation with you on other projects to ensure the conservation of out threatened and endangered marine species and designated critical habitat. If you have any questions on this consultation, please contact me at (301) 427-8495 or by email at cathy.totorici@noaa.gov or Pat Shaw -Allen at (301)427-8473 or by email at pat.shaw- allen(aDnoaa.gov. cc: Pat Shaw -Allen Sincerely, i Cathryn E. Tortorici Chief, ESA Interagency Cooperation Division Office of Protected Resources RECEIVED FEB 19 2020 DCM-MHD CITY FEB 1 0 21)20 Mhlt 4.wgv-" a North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. RaAos, Adminisuator Governor Roy Cooper Office of Archives and History Scam Susi H. Harnilwn Deputy Sccrca Kevin (3tcrry May 31, 2019 Alaina McCurdy US Environmental Protection Agency Washington, DC 20460 Re: Brunswick County Northwest Water Treatment Plant Expansion & Advanced Treatment Improvements, Brunswick County, ER 19-1578 Dear Ms. McCurdy: Thank you for your letter of April 30, 2019, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review(&ncdcr.My. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, �. Wdul-tualt ✓Ramona Bartos, Deputy v State Historic Preservation Officer RECEIVED FEB 19 2020 DCM-MHD CITY RECEIVED FEE ` 9020 DCM WILM ,- rON, NC Loeadom l()9 Faa Jnnes Stan, RaleO N(: 27(A)1 MaRing Addrese: 4617 AM Service Gent., Raleigh NC 27699-1617 Telephme/Poc: (919) RM-6570/8M-6599 %to STA J f UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 d "'a snort°� ('ER"I IFIED MAIL - RETURN RECEIPT REQUESTED April 30, 2019 Renee Gledhill -Earley State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 OFFICE OF WATER Re: Request f'or Concurrence on "Section 106" Compliance for the Brunswick County's Northwest Water Treatment Plant (WTP) Expansion and Advanced Treatment Improvements Project. Brunswick County, North Carolina: Water Infrastructure Finance and Innovation Act (WIFIA) Program Dear Ms. Gledhill -Earley: In accordance with Section 106 of the National Historic Preservation Act of 1996, as amended (16 U.S.C.470f), and its implementing regulation, 36 CFR 800 "Protection of Historic Properties; ' and as authorized by the U.S. Environmental Protection Agency, we are initiating consultation with your office regarding the proposed Northwest Water Treatment Plant (WTP) Expansion and Advanced Treatment Project. Below is a summary of the project and findings. Enclosed please find the necessary documentation per Section 800.11. Project Description The Northwest WTP Expansion and Advanced Treatment Improvements project will result in the following major facility improvements: • Expansion of the Brunswick County's existing Northwest WTP facilities from 24 MGD to 45 MGD • The addition of Low -Pressure Reverse Osmosis (LPRO) membrane treatment facilities and associated improvements to remove contaminants of concern in the Cape Fear River source water • A new concentrate discharge pipeline to dispose of the waste stream from the LPRO lreatTsIlt process. approximately 4 miles in length z • New outfall location with permitted shoreline discharge into the Cape Fear River ) 7 0 • Construction of a new 36-inch diameter raw water pipeline on the WTP property, exlendin`� N approximately 1,800 linear feet in length south of the WTP parallel to the existing raw wqt o pipeline • Replacement and upsize of an existing slormwater outfall located on the WTP property on the w west side of the WTP. Approximately 650 feet of new 48-inch diameter concrete pipeline'will bL4- constructed parallel to the existing stormwater pipe and will include a new rip rap MOWED d .a Upgrades within the WTP including: new rapid mix basin, uprating existing clarifiers, new filter modules, expansion and upgrades to chlorine gas and chlorine dioxide systems including new building, new reverse osmosis building with feed pumps. cartridge filters, cleaning system. new mineral re -stabilization facilities (lime and carbon dioxide), chemical feed pump upgrades, new solids gravity thickener, new diesel fuel storage and emergency generator, and improvements to electrical, instrumentation and controls, architectural. structural, HVAC and plumbing. The Water Infrastructure Finance and Innovation Act (WIFIA) was signed into law in 2014. and authorized the WIFIA program to be managed by EPA Headquarters. WIFIA was amended by section 1445 of the Fixing America's Surface Transportation Act of 2015 and section 5008 of the Water Infrastructure Improvements for the Nation Act of 2016. WIFIA is a federal credit program for eligible water and wastewater infrastructure projects. EPA selected Brunswick County to submit an application for credit assistance for the Project. The County may also apply for State Revolving Funds (DWSRF or CWSRF) for the Project in the future. Purpose/Obiective A purpose ol'the project is to protect public health and ensure access to clean safe drinking water by constructing an advanced water treatment process (LPRO) at the Northwest WTP to remove emerging contaminants that have been discovered in the source water ol'the Cape Fear River. These contaminants include per- and polyfluoroalkyl substances (PEAS), 1,4-dioxanc, herbicides, endocrine disruptors, and other pharmaceutical and personal care products (PPCPs). It has been determined that many of these contaminants are not being removed by the conventional treatment process currently used at the Northwest WTP. The County has made the removal of these contaminants a top priority in order to protect public health. This project will add advanced treatment with LPRO membranes to the Northwest WTP, which is expected to remove more than 95% of GenX and other PFAS. Another objective of the project is to increase the capacity of the plant from 24-MGD to 45-MGD. In 2006. the County completed a Water System Master Plan which determined that the plant would require this upgrade to meet the demands of the growing Brunswick County population. This project will benefit over 140,000 people that rely on the County for safe drinking water. This project will also enable the County to continue growing into the future and reliably provide clean drinking water with surface water supply from the Cape Fear River instead of increasing withdrawals from stressed aquifers within the region. Project Location The project is located at the Northwest Water Treatment Plant at 3954 Clearwell Dr NE, Leland, North Carolina, cast of the Cape Fear River in Brunswick County. The WTP is located at latitude 34°18'47.2"N, longitude 78°06'14.2"W. Improvements inside the cleared and fenced area of the WTP property will be completed as part of the project. The new concentrate discharge pipeline runs generally northeast from the WTP to the Cape Fear River. The pipeline route parallels roads and will be located within public right-of-way (Local and State roads) 1'rom the WTP north along Clearwell Drive, Butler Drive. Mt. Misery Road and I looper road for the first approximately 3.5 miles. The final 0.5 mile will he installed in a proposed easement on two private properties. The pipeline route may be further refined during final design. r' DC[O WILMINGTON, NC RECEIVED FEB 1 0 2020 FEB 19 2020 DCM-MHD CITY The concentrate discharge pipeline will terminate at shoreline discharge into the Cape Fear river approximately 10 to 15 feet off the bank. This structure will consist of an 8-inch duckbill -styled check valve (Tideflex® or similar) with a concrete headwall. The discharge disposal point is located at latitude 34' 20' 17" N; longitude 78104' 22" W. The new raw water pipeline is located on the WTP property. It will be installed in an existing cleared casement and require two small creek crossings. The new raw water pipeline will connect to a future stub out from another project at the south end. Valving and interconnecting piping will he placed in the area around the future stub out. Parallel to this new 36-inch pipeline will be four new 1-inch diameter PVC chemical injection/sampling/spare pipelines that will connect to a new manhole near the future stub out connection point. The existing stormwater outtall that is proposed is located on the WTP property on the west side of the WTP. The project components are shown on Figure 1 Area of Potential Effects The area of potential elTects (APE) has been identified for each of the project components, including the WTP and associated upgrades at the WTP facility, and the discharge pipeline. Location maps are provided in Figure 2. EPA is defining the horizontal APE as 0.25 mile surrounding the boundary of aboveground project components, including the WTP. The vertical APE is defined by the anticipated height of the facility components, and the anticipated excavation depth at the construction site. The tallest new structure at the WTP will be the new RO Building. The top elevation of the structure (approx. El. 88) will be 30 feet above finished grade. This is similar, but slightly higher than the existing two-story administration building located at the WTP. Other project components are anticipated to have lower heights, such as Manholes along the route are expected to be at grade or slightly above finished grade (2 feet maximum). Several structures at the WTP will require excavation to depths of up to 20 fleet. Backtill will be used and finished grade in the area will generally match existing grades (within 2 feet). EPA is defining the APE as 50 feet on each side of the construction footprint for belowground project components, including discharge pipeline. The vertical APE for bclowground components will be defined as the average excavation depth, which is estimated to be about five feet deep to provide the necessary cover over and bedding under the pipeline. The concentrate pipeline will have a minimum cover of three leet (approximately five feet excavation to install). Some areas will require deeper installation when crossing utilities. Trcnchless or semi-trenchless installation methods for the pipeline near the river are still being considered and these may result in a deeper pipeline, but limit excavation to entry and discharge pits for the trenchless equipment. At the outfall location, the vertical APE extends to 15 feet below the water surface, as the discharge is planned for a buried pipe and a discharge at El. -15 R (15 feet below the water surface). Identification of Historic Properties Under Section 800.4 (b), an effort was made to identify historic properties. EPA consulted SHPO's online GIS Mapping Application 11POGIS on March 13, 2019, and no historic proper ies_werei4enti)ied in the APE (Figure 3). RECEIVED DC1,1 V,)Vviii,�3 i ON, 1JC FEB 19 2020 FEB 1 0 2020 DCM-MHD CITY EPA consulted the list of sacred sites in the United States. and no sacred sites were identified in the APE. The WTP upgrades and advanced treatment facility are part of an active water treatment facility. Aboveground structures are associated with the treatment process structures being used for facility operations. The discharge pipeline is located along actively used roads for the majority of its route. Finding of Eftet Consistent with substantive portions of section 106 of NHPA (36 CFR 800.4[d][ 11), EPA has applied the evaluation criteria of adverse effects and found that this proposed undertaking will not affect historic properties ("no historic properties affected"). Cultural resources located within the APE have been considered and no adverse effects to have been identified. We look forward to receiving your concurrence on the APE and our finding of "no historic properties alTected" on this undertaking. Please provide any comments and concerns you have within 30 days. EPA will consider them and provide formal responses to comments. Correspondence can be submitted electronically for this project. Given the schedule associated with the proposed WTP. EPA plans to proceed with this undertaking after 30 days from the confirmed receipt of this correspondence if no objections are received. I can be reached at 202-564-6996 or mccurdy.alaina!a?epa.gov. Sincerely, Q Alaina McCurdy WIFIA Environmental Engineer, WIFIA Water Infrastructure Division Office of Wastewater Management latclosures cc: Sheryl Smith, CDM RECEIVED FFR ? 9 2020 DCM-MHD CITY RcCr=IV"i_D DCM WILMINGTON, NC FEB 1 0 2020 ' See htips:llsacredssites.com/americas!united states/index.hunl _e e A 9lnerruRinr --- MWMe, floe Rwry PmWly Legend NOMrael NTP Fx,ly eeunMry ® 1,100 eel W!P Nr Welw Um SbmrraNr Oarili Slrta N..r Nopw.eeI W1P G[Ilve Bu4ry BouMary 114 Rlde Buller W FFt Lrvnponmb 50 11B0.11uffer Al"n"' vE( PemrY Boumery B'Wra Figure 2: Northwest WTP Concentrate Discharge �p� \ o eoa ,.zoo 2A 1 0 �` ` Pipeline Route —Areas of Potential �f is 9 2020 N , ;� = + onn a Brunswick Countv Public Utilities DCM-MHO CITY Brunswick overview larch 13.2019 132,199 R'.- ❑•vNvrad�RrEORxmrgxR lney ! 9lN0Gnlx1'dv GOE Ne t 6LOCExO CnY YmI 0 0.33 0.88 13m, • MgMal Wvq BLb • 0.Mypnl:Rro _ ' umEM crn b. d•nMMBW �_�� . o os t 2. • MWtM Yam R 6LIMNN FM SLRz 4m � OR.Oon 0.MnMFgWBwM.Y yaa„y w,. pyy • MMCMM • xMRE wfY �fW/WBW, • 4W4X bw DYN4WIWSWVY • finMnNRWJ.Ow NC fA�. YSMfY. G£h [xff'4bn 05 R IeNnM. R 4N'WE^H.Ocn. MLLxq dNm+vi E�9W foN�r •/YTE PoM fmIK.WpE>ttwt.a Nua.YRqux Bnmry 4WYOE. aa. LwM 0�1 lM�q nMxp • x.nox. d. • ooEroc.�Eon DCM WILMINGTON, NC FEB 1 0 2020 RECEIVED FEB 19 2020 DnW r?- - 11 O-WI ^U4 S ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality September 5, 2019 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS Brunswick County ATTN: William L. Pinnix PO Box 249 Bolivia, NC 28422 RE: Project Name: Northwest Water Treatment Plant Expansion and Upgrades Acres Approved: 20.5 Project ID: BRUNS-2020-016 County: Brunswick City: Northwest Address: 3954 Clearwell Drive River Basin: Cape Fear Stream Classification: Other Submitted By: Kelly R. Boone, PE, CDM Smith, Inc. Date Received by LQS: August 20, 2019 Plan Type: Other Dear Mr. Pinnix: This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with Modifications and Performance Reservations. A list of the modifications and reservations is attached. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. Should the plan not perform adequately, a revised plan will be required (G.S. 113A- 54.1)(b). As of April I, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (NOI) form requesting a Certificate of Coverage (COC) under the NCG010000 Construction Stormwater General Permit. This form MUST be submitted and COC issued prior to the commencement of any land disturbing activity on the above -named project. The NOI form may be accessed at deg.nc.gov/NCG01. Please direct questions about the NOI form to Annette Lucas at Annette.lucas(ri)ncdenr.gov or Paul Clark at Paul.clark(aMcdenr.eov. After you submit a complete and correct NOI Form, a COC will be emailed to you within three business days. Initially, DEMLR will not charge a fee for coverage under the NCGOI permit. However, a Sl Sic will soon be charged RECEf9WIy. This fee is to be sent to the DEMLR Stormwater Central OfficeI"FftaftiIVED FEB 19 2971 I rd 10 2020 DCM WILMINGTON, NC North Carolina Department of Environmental Quality l Dlvlslnr of Energy. Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington North Carolina 28405 910.796.7215 Letter of Approval with Modifications and Performance Reservatios Brunswick County September 5, 2019 Page 2 of 4 Title 15A NCAC 4B .0l 18(a) and the NCGOI permit require that the following documentation be kept on file at the job site: 1. The approved E&SC plan as well as any approved deviation. 2. The NCGO1 permit and the COC, once it is received. 3. Records of inspections made during the previous 12 months. Also, this letter gives the notice required by G.S. I13A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute I I3A-51 through 66), this office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. This permit allows for a land -disturbance, as called for on the application plan, not to exceed the approved acres. Exceeding the acreage will be a violation of this permit and would require a revised plan and additional application fee. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconsttuction conference. Your cooperation is appreciated. Sincerely, Rhonda Hall Assistant Regional Engineer Land Quality Section Enclosures: Modifications and Performance Reservations NPDES NCGO1 Fact Sheet cc: Kelly R. Boone, PE, CDM Smith, Inc. 5400 Glenwood Avenue, Suite 400, Raleigh, NC 27612 Wilmington Regional Office file RECEIVED FEB 19 2020 DCM-MHD CITY Ri=CciV,''� DCM WILMIi,;G i ON, NC FEB 1 0 2020 Letter of Approval with Modifications and Performance Reservatios Brunswick County September 5, 2019 Page 3 of 4 MODIFICATIONS AND PERFORMANCE RESERVATIONS Project Name: Northwest Water Treatment Plant Expansion and Upgrades Project ID: BRUNS-2020-016 County: Brunswick 1. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title I SA NCAC 4B .0129. 2. The developer is responsible for the control of sediment on -site. If the approved erosion and sedimentation control measures prove insufficient, the developer must take those additional steps necessary to stop sediment from leaving this site (NCGS 113A-57(3)). Each sediment storage device must be inspected after each storm event (NCGS 1I3A-54.1(e)). Maintenance and/or clean out is necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site and functional until all grading and final landscaping of the project is complete (15A NCAC 04B .0113). 3. Any and all existing ditches on this project site are assumed to be Iclt undisturbed by the proposed development unless otherwise noted. The removal of vegetation within any existing ditch or channel is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to 1 vertical or less steep (15A NCAC 04B .0124 (d)). Bank slopes maybe mowed, but stripping of vegetation is considered new earth work and is subject to the same erosion control requirements as new ditches (NCGS 113A-52(6)). 4. The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project prior to the commencement of this land disturbing activity. This could include our agency's Stormwater regulations and the Division of Water Resources' enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA requirements, the Division of Solid Waste Management's landfill regulations, the Environmental Protection Agency and/or The U.S. Army Corps of Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that may be required. This approval cannot supersede any other permit or approval; however, in the case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to wetland areas. All highland would still have to be in compliance with the N.C. Sedimentation Pollution Control Act. 5. if any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer is responsible for compliance with the requirements of the Division of Water Resources (DWR), the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any erosion control measures that fall within jurisdictional wetland areas must be approved by the aforementioned agencies prior to installation. The Land Quality Section must be notified of a relocation of the measures in question to the transition point between the wetlands and the uplands to assure that the migration of sediment will not occur. If that relocation presents a problem or contradicts any requirements of either DWR, the Corps, or the EPA, it is the responsibility of the developer to inform the Land Quality Section regional office so that an adequate contingency plan can be made to assure sufficient erosion control remains on site. Failure to do so will be considered a violation of this approval (NCGS 113A-54. I (b)). Ri=C`I" RECEIVED DCM FEB 19 2020 FEB 1 0 �,J DrsA_MHD CITY Letter of Approval with Modifications and Performance Reservatios Brunswick County September 5, 2019 Page 4 of 4 6. Any borrow material brought onto this site must be from a legally operated mine or other approved source. Any soil waste that leaves this site can be transported to a permitted mine or separately permitted construction sites without additional permits under NCGS 74-49(7)(d). Disposal at any other location would have to be included as a permit revision for this approval. 7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 20.5 acres. Exceeding that acreage will he a violation of this permit and would require a revised plan and additional application fee. Any addition in impervious surface, over that already noted on the approved plan, would also require a revised plan to verify the appropriateness of the erosion control measures and stormwater retention measures(NCGS I I 3A-54. I (b)). 8. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of eight (8) fret apart. Omission of the reinforcing wire is a construction change that necessitates more posts for support, i.e., the spacing distance needs to be reduced to no greater than six (6) feet apart (F&SC Planning & Design Manual 6.63, Rev. 6-06). 9. Because the sediment traps and basins are shown on the plan as the primary sedimentation and erosion control devices on this project, it is necessary that the traps and basins and their collection systems be installed before any other grading takes place on site, and that every structure that receives more than one acre of drainage is built so that each dewaters only from the surface (NCG010000). Irthat proves to be impractical, a revised plan must be submitted and approved that addresses erosion and sediment control needs during the interim period until the traps and basins are fully functioning (I 13A-54.1(b)). 10. A graveled construction entrance must be located at each point of access and egress available to construction vehicles during the grading and construction phases of this project. Access and egress from the project site at a point without a graveled entrance will be considered a violation of this approval. Routine maintenance of the entrances is critical (113A-54.1(b)). IL As a condition of the NPDES General Siorrwater Permit (NCG010000), the financially responsible party shall comply with the NCGOI Ground Stabilization And Materials Handling requirements that became effective April 1, 2019. The NCGOI Ground Stabilization And Materials Handling standard detail can be printed from the deq.nc.govNCG01 website. 12. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible party shall comply with the NCGOI Self -Inspection, Recordkeeping and Reporting requirements that became effective April I, 2019. The NCGOI Self -Inspection, Rccordkeeping and Reporting standard detail can be printed from the deq.nc.gov/NCGOI website. 13. As a par of routine monitoring of the approved land -disturbing activity, the financially responsible party shall assure inspections of the area covered by the approved plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with North Carolina General Statute 113A-54. I (c). 14. In order to comply with the basic control objectives of the SPCA (15A NCAC 04B .0106), both exposed area and time of exposure should be limited. We recommend this project be phased so that uncovered area is limited to a maximum of 20 acres at any given time. As per North Carolina General Statute 1 I3A-57(5), the land -disturbing activity shall be conducted in accordance with the approved erosion and sedimentation control plan. Ref: G.S. 113A-54.1 through G.S. 113A-57 Sections 15A NCAC 04A.0101 through I SA NCAC 04F..0504 General Permit NCG 010000 NPDES for Construction Activities RECEIVED R17GLI DCIA WiLR41i FEB 19 2020 FEB 1 0 2020 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality October 29, 2019 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS Brunswick County ATTN: John Nichols, Public Utilities Director PO Box 249 Bolivia, NC 28422 RE: Project Name: Northwest Water Treatment Plant Concentrate Discharge Pipeline Acres Approved: 12.5 Project ID: BRUNS-2020-026 County: Brunswick City: Northwest Address: Clearwell Drive River Basin: Cape Fear RECEIVED Stream Classification: HQW Submitted By: Kelly R. Boone, PE, CDM Smith, Inc. Date Received by LQS: October 10, 2019 FEB 19 2020 Plan Type: Utility DCM-MHD CITY Dear Mr. Nichols: This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with Modifications and Performance Reservations. A list of the modifications and reservations is attached. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title I SA NCAC 4B .0129. Should the plan not perform adequately, a revised plan will be required (G.S. 1I3A- 54.1)(b). As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (NOT) form requesting a Certificate of Coverage (COC) under the NCG010000 Construction Stormwater General Permit. This form MUST be submitted and COC issued prior to the commencement of any land disturbing activity on the above -named project. The NOT form may be accessed at deq.nc.gov/NCG01. Please direct questions about the NOT form to Annette Lucas at Annette.lucas(W.ncdenr.eov or Paul Clark at Paul.clark(a),ncdcringa. After you submit a complete and correct NOT Form, a COC will be emailed to you within three business days. Initially, DEMLR will not charge a fee for coverage under the NCGOI permit. However, a $100 fee will soon be charged annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in Raleiggh. ON tNOleJNIWIIM WOO OZOZ 01 833 ow NorthCarolina Department of Environmental Quality 0lvlslan of E�tl�gl,�fylnd Resources iGWilmingtonRegloial Office 1127 Cardinal Drive Extension I WilmingtonNorth Carolina 28405 il910.794.7215 Letter of Approval with Modifications and Performance Reservatios Brunswick County October 29, 2019 Page 2 of 4 Title 15A NCAC 413.0118(a) and the NCGOI permit require that the following documentation be kept on file at the job site: 1. The approved E&SC plan as well as any approved deviation. 2. The NCGOI permit and the COC, once it is received. 3. Records of inspections made during the previous 12 months. Also, this letter gives the notice required by G.S. I I3A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute I I3A-51 through 66), this office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. This permit allows for a land -disturbance, as called for on the application plan, not to exceed the approved acres. Exceeding the acreage will be a violation of this permit and would require a revised plan and additional application fee. You are requested to file an amended form if there is any change in the information included on the forth. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, .Pfemwal y" Rhonda Hall Assistant Regional Engineer Land Quality Section Enclosures: Modifications and Performance Reservations RECEIVED NPDES NCGOI Fact Sheet FFB 19 2020 cc: Kelly R. Boone, PE, CDM Smith, Inc. 5400 Glenwood Avenue, Suite 400, Raleigh, NC 27612 DCM-MHD CITY Wilmington Regional Office file F: i _� _ I'v ; _ I ; DOM VJI-Mid i lu 1 ON. NC FEB 1 0 2020 Letter of Approval with Modifications and Performance Reservatios Brunswick County October 29, 2019 Page 3 of 4 MODIFICATIONS AND PERFORMANCE RESERVATIONS Project Name: Northwest Water Treatment Plant Concentrate Discharge Pipeline Project ID: BRUNS-2020-026 County: Brunswick I. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. 2. The developer is responsible for the control of sediment on -site. If the approved erosion and sedimentation control measures prove insufficient, the developer must take those additional steps necessary to stop sediment from leaving this site (NCGS 113A-57(3)). Each sediment storage device must be inspected after each storm event (NCGS 113A-54.1(e)). Maintenance and/or clean out is necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site and functional until all grading and final landscaping of the project is complete (15A NCAC 04B .0113). 3. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed development unless otherwise noted. The removal of vegetation within any existing ditch or channel is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to I vertical or less steep (15A NCAC 04B .0124 (d)). Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is subject to the same erosion control requirements as new ditches (NCGS 113A-52(6)). 4. The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project prior to the commencement of this land disturbing activity. This could include our agency's Stormwater regulations and the Division of Water Resources' enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA requirements, the Division of Solid Waste Management's landfill regulations, the Environmental Protection Agency and/or The U.S. Army Corps of Engineers jurisdiction of the Clean Watcr Act, local County or Municipalities' ordinances, or others that may be required. This approval cannot supersede any other permit or approval; however, in the case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to wetland areas. All highland would still have to be in compliance with the N.C. Sedimentation Pollution Control Act. 5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer is responsible for compliance with the requirements of the Division of Water Resources (DWR), the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any erosion control measures that fall within jurisdictional wetland areas must be approved by the aforementioned agencies prior to installation. The Land Quality Section must be notified ofa relocation of the measures in question to the transition point between the wetlands and the uplands to assure that the migration of sediment will not occur. If that relocation presents a problem or contradicts any requirements of either DWR, the Corps, or the EPA, it is the responsibility of the developer to infonn the Land Quality Section regional office so that an adequate contingency plan can be made to assure sufficient erosion control remains on site. Failure to do so will be considered a violation of this approval (NCGS 113A-54.1(b)). RECEIVED FEB 19 2020 DCM WILN16:j 1 oN, NC DCM-MHD CITY FEB I 0 2320 Letter of Approval with Modifications and Performance Reservatios Brunswick County October 29, 2019 Page 4 of 4 6. Any borrow material brought onto this site must be from a legally operated mine or other approved source. Any soil waste that leaves this site can be transported to a permitted mine or separately permitted construction sites without additional permits under NCGS 7449(7)(d). Disposal at any other location would have to be included as a permit revision for this approval. 7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 12.5 acres. Exceeding that acreage will be a violation of this permit and would require a revised plan and additional application fee. Any addition in impervious surface, over that already noted on the approved plan, would also require a revised plan to verify the appropriateness of the erosion control measures and stormwater retention measures (NCGS 113A-54.I (b)). As proposed, the land disturbance width of the utility line should be limited as reflected on the application plans. 8. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of eight (8) feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts for support, i.e., the spacing distance needs to be reduced to no greater than six (6) feet apart (E&SC Planning & Design Manual 6.63, Rev. 6/06). 9. Because the sediment traps and basins are shown on the plan as the primary sedimentation and erosion control devices on this project, it is necessary that the traps and basins and their collection systems be installed before any other grading takes place on site, and that every structure that receives more than one acre of drainage is built so that each dewaters only from the surface (NCG010000). If that proves to be impractical, a revised plan must be submitted and approved that addresses erosion and sediment control needs during the interim period until the traps and basins are fully functioning (113A-54.1(b)). 10. A graveled construction entrance must be located at each point of access and egress available to construction vehicles during the grading and construction phases of this project. Access and egress from the project site at a point without a graveled entrance will be considered a violation of this approval. Routine maintenance of the entrances is critical (113A-54.1(b)). 11. As a condition of the NPDES General Stormwaler Permit (NCGO10000), the financially responsible party shall comply with the NCGOI Ground Stabilization And Materials handling requirements that became effective April 1, 2019. The NCG01 Ground Stabilization And Materials Handling standard detail can be printed from the deq.nc.gov/NCG0I website. 12. As a condition of the NPDES General Stonnwater Permit (NCG010000), the financially responsible party shall comply with the NCG01 Self -Inspection, Recordkeeping and Reporting requirements that became effective April 1, 2019. The NCG01 Self -Inspection, Recordkeeping and Reporting standard detail can be printed from the deq.nc.gov/NCGOI website. 13. As a part of routine monitoring of the approved land -disturbing activity, the Financially responsible party shall assure inspections of the area covered by the approved plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with North Carolina General Statute 113A-54.1(e). Ref: G.S. 113A-54.1 through G.S. 113A-57 Sections 15A NCAC 04A.0101 through I SA NCAC 04E.0504 General Permit NCG 010000 NPDES for Construction Activities RECEIVED DCiA VJILUIrii i ON, NC FEB 1 o 2020 _I--,y Ytti'( olvatvt U ROY COOPER Gavemor MICHAEL S. REGAN Secretary S. DANIEL SMITH Dlrecror September 27, 2019 NORTH CAROLINA EmekonlnmiallQualtty Brunswick County Public Utilities Attn: John Nichols, Director PO Box 249 Bolivia, NC 20422 Subject: Stormwater Permit COC No. SWG04 040114 Northwest WTP Concentrate Discharge Line General Permit - Utility Project Brunswick County Dear Mr. Nichols On September 20, 2019, the DEMLR received your Express permit application for a Utility Line Project to be covered under the State Stormwater General Permit Number SWG040000. In accordance with your application, we are forwarding herewith the subject Certificate of Coverage Number SWG04 040114, along with a copy of the General Permit, for the construction of a linear utility line project with associated incidental built -upon area. The General Permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and Title 15A NCAC 2H .1000, the stormwater management rules. Please take notice that this Certificate of Coverage is not transferable except by action of and approval by DEMI.R. The DEMLR may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Energy, Mineral and Land Resources, the Division of Water Resources, Coastal Area Management Act, or any other Federal, State, or local agency, law, rule, or ordinance, having jurisdiction. If you have any questions concerning this permit, or if you need additional information regarding this matter, please contact Linda Lewis at (910) 796-7215 or via email at IhLda.lewts@ncdenf,gQv_. Sincerely, _` RECEIVED fM S. Daniel Smith, Director Division of Energy, Mineral and Land Resources FEB 19 2020 GDS/arl: G:\\\Stormwater\Permits & Projects\SWG04 Utility\040114 C0GSWG04\2019 09 permit 04H ��M-MHD CITY Enclosures: Copy of General Permit SWG 040000 Copy of Notice of Intent cc: Kelly Boone, PE, CDM Smith (5400 Glennwood Ave. Suite 400 Raleigh NC 27612) NCDOT District Enggineer Brunswick CDuntyF.ngmeering Wilmington Regional Office Stormwater File RECEIVED FEB 10 2020 DCM WILMINGTON, NC D �� North Carolina Depanmentof EnvWmmenlal QualRy I Dlvlslw of Energy. Mhteral and Land Resources Wilmington Reglonal Ofnce 1127 Cardlnal Drive Extension I Wllmington, North Carolina 28405 State Slormwater Management Systems COC No. SWG040114 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT GENERAL PERMIT NO SWG040000 CERTIFICATE OF COVERAGE NO. SWG040114 LINEAR UTILITY LINE PROJECT AND ASSOCIATED INCIDENTAL BUILT -UPON AREA In compliance with the provisions of North Carolina General Statute 143-215.1, as amended, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and 15A NCAC 2H.1000, the Stormwater rules, Brunswick County Public Utilities is hereby authorized to construct 714 square feet of built -upon area incidental to the proposed utility line installation located at Northwest WTP Concentrate Discharge Line Line begins at 3954 Clearwetl Drive ends at Hooper Road, Leland, Brunswick County and to discharge stormwater to receiving waters designated as the Cape Fear River, classified C Sw, Stream Index #18-63 in the CPF17 River Basin, in accordance with the provisions of the General Permit for a Linear Utility Line, No.SWG040000, and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources and considered a part of this permit for the subject project. This Certificate of Coverage shall become effective September 27, 2019 and shall remain in effect for the duration of the General Permit SWG040000. Signed this the 271 day of September, 2019. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION _ z F� S. aniel Smith, irector Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission RECEIVEa R,_CI✓IV�j-) FEB 19 2020 DC'M WILtiMINGTON, NC DCM-MHD CITY FEB 1 0 2020 Paten 1 nf 1 Kwlyyuyo- ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director October 7, 2019 NORTH CAROLINA En*annw WQuanty Brunswick County Attn: John Nichols, Utilities Director (email: John.ntchofs(r@brunswickcounlynC.a!2 PO Box 249 Bolivia, NC 28422 Subject: Approved Minor Modification Stormwater Permit No. SW8 091204 Northwest WTP Brunswick County Dear Mr. Nichols: Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DP.MI.R). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this permit will now reference DEMLR as the Division responsible for issuance of the permit. On September20, 2019, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources received and accepted a complete minor modification Express permit application for changes to the approved plans for Stormwater Management Permit Number SW8 091204. It has been determined that the nature of the proposed change meets the definition of a minor modification in that it does not result in an increase in the size of the permitted stormwater control measure (SCM) and does not increase the amount of permitted built -upon area. As described in detail on Attachment C. the modification is to add 96,808 sf of BUA to the site, while reducing the future BUA allocation to 103,192 A for no net increase in BUA. We are forwarding you an approved copy of the modified plans for your files depicting the proposed locations of the additional built -upon area. Please replace the old approved plan sheet(s) with the new one(s). Please replace the previously issued permit with the revised permit, dated October 7, 2019, attached, and replace Page 3 of the previous application form with the attached revised Page 3. This revised permit does not impose new or different terms; it merely reorganizes and restates some of the previous terms to provide you with a better understanding of your obligations under the permit. Please be aware that all terms and conditions of the low density permit originally issued on December 29, 2009, and modified/revised on November 9, 2011, and again on April 27, 2015, remain in full force and effect. Please also understand that the approval of this minor modification to the subject State Stormwater Permit is done on a case -by -case basis. Any other changes to this project must be approved through this Office prior to construction. The approval of this minor modification does not preclude the pennittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. RECEIVED FEB 19 2020 DCM-M1HD CITY RECEIVED FEB 10 2020 DCM WILMINGTON, NC North Carohns Department of Environmental Quaky I DMMon of Energy, Mineral and land Resources �E Wilmington Itaglonal office 1 127 Cardinal Drive Extension 11VRmingtom North Caroline 25405 wmn.:w.ar _ i State Stormwater Permit No. SWg 091204 Page 2 of 2 If you have any questions concerning this matter, please do not hesitate to call any of the Stormwater Staff in the Wilmington Regional Office at (910) 796-7215. Sincerely, Linda Lewis, F.I. Environmental Engineer Enclosures: AttachmentA-CertificationDocuments Attachment C - Permitting History Permit and Application Documents GDS\arl: G:\\\Stormwater\Permits & Projects\2009\091204 LD\2019 10 permit minor 091204 cc: Michael Pollard, PE, CDM Smith (email. mallerdma0cdm_rmith.com) Brunswick County Engineering NCDOT District Engineer Wilmington Regional Office Stormwater File RECENED FEB 19 7.070 D(;M.MH17 C1YY DCiM WILMINGTON, NC FEB 1 0 2020 State Stormwater Management Permit Number SW8 091204 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PFRMISSION IS HEREBY GRANTED TO Brunswick County Northwest Water Treatment Plant 3954 Clearwell Drive, Leland, Brunswick County FOR THE construction, operation and maintenance of a 24% low density project in compliance with the provisions of Session Law 2008-211 and Title 15A NCAC 2H .1000 (hereafter collectively and separately referred to as the "stormwater rules) and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations. I. DESIGN STANDARDS The overall tract built -upon area percentage for the project must be maintained at or below 24% per the requirements of the stormwater rules. This permit covers the construction of a total of 267,644 square feet of built -upon area (BUA), which includes 96,808 sf for this modification, 67,644 sf feet of previously permitted BUA, and 103,192 square feet of remaining future BUA allocation. The result of this permit modification is that the built -upon area allocation for future development is now 103,192 sf. 2 The project area for this permit has been reduced to 8,482,100 sf to account for the pre- 1988 BUA of 147,126 sf that exists on the property, as per NCAC 02H.1003(1)(b). 3. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3 1 (H V) as defined in the stormwater rules and approved by the Division 4. No piping shall be allowed except those minimum amounts necessary to direct runoff beneath an impervious surface such as a road or under driveways to provide access and those amounts shown on the approved plans. 5. The project shall provide and maintain a minimum 50-foot wide vegetative buffer adjacent all surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters. All runoff directed into and through the vegetative buffer must flow through the buffer in a diffuse manner Roof drains must terminate at the outer edge of the buffer. 6. Stormwater runoff that is directed to flow through any wetlands shall flow into and through DECEIVED these wetlands at a non -erosive velocity L .', ', y,t (',,,; , ; , ,;J, i FEB 19 2020 Page 1 of 4 FEB 1 0 2020 DCM-MHD State Stormwater Management Systems Permit No. SW8 091204 II. SCHEDULE OF COMPLIANCE 1. The permittee shall construct, operate and maintain the approved stormwater control measures and built -upon areas in accordance with the conditions of this permit, the approved plans and specifications and the supporting documentation attached to and on file with the Division. 2_ No person shall alter the approved stormwater management system or fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system, except for minimum driveway crossings, unless and until the permittee submits a modification to the permit and receives approval from the Division. 3. The permittee is responsible for verifying that the proposed built -upon area for the project does not exceed the maximum allowed by this permit. 4 Swales, vegetated areas and other vegetated conveyances shall be constructed in their entirety, vegetated, and operational for their intended use prior to the construction of any built -upon surface, per the approved plans. 5. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 6. The permittee shall at all times provide and perform the operation and maintenance necessary as listed in the signed Operation and Maintenance Agreement, such that the permitted stormwater management system functions at its optimum efficiency. 7. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. B The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below a. Any revision to the approved plans, regardless of size. b. Redesign or addition to the approved amount of built -upon area. c Further subdivision, acquisition or sale of the project area in whole or in part, as reported on the permit application documents. d Filling in, piping, altering, removing, redirecting, regrading or resizing any vegetative conveyance shown on the approved plan. e. The development of any future area or additional phase(s) noted on the approved plans. f. The construction of any areas of #57 stone, permeable pavement, or certain landscape materials for BUA credit. g. Any other revision as determined by the Director. 9. The permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. The permittee shall submit the Certification to the Division within 30 days of completion of the project. 10, The permittee shall submit all information requested by the Director or his representative within the time frames specified in this permit or in a written information request. 11 The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. FEB 1 0 20220 Panes 9 of 4 FEB 19 2020 LRCM-MHD CITY State Stormwater Management Systems Permit No. SW8 091204 III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. A request to transfer the permit will be considered on its merits and may or may not be approved. The permittee shall complete, sign and submit a Permit Transfer Application Form, available online. The Transfer Application Form must be accompanied by the supporting documentation as listed on the form and must be submitted to the appropriate Regional Office of the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part; b. The dissolution of the corporate entity, Li or General Partnership, c. Bankruptcy and/or foreclosure proceedings; 2. The permittee shall submit a completed "Permit Information Update Form" to the Division at least 30 days prior to any one of the following events a. A name change of the permittee; b. A name change of the project; c. A mailing address change of the permittee. 3 The Permittee is responsible for compliance with all the terms and conditions of this permit until such time as the Division approves the permit transfer in writing. Neither the sale of the project area, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit 4, Any "person" found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in North Carolina General Statute 143 Article 21. 5. The permit issued shall continue in force and effect until the permittee receives official notification from the Division of Energy, Mineral and Land Resources that the permit has been revoked or terminated. 6. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, or rescission; however, these actions do not stay any permit conditions. 7. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 21H.1000, and North Carolina General Statute 143-215.1 et. al. 8. The issuance of this permit does not preclude the Permittee from complying with and obtaining any and all other permits or approvals that are required in order for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215 1, and subject to enforcement procedures pursuant to NCGS 143-215.6. 9 Approved plans, application, supplements, operation & maintenance agreements and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. A copy of this permit, application, supplements, the operation and maintenance agreements, and the approved plans and specifications shall be maintained on file by the Permittee at all times. 10. The Permittee grants permission to DEQ Staff to enter the property during normal business hours for the purposes of inspecting the stormwat ")p(stem and its components N, NC FEB 19 2020 FEB 1 o 2020 P�no q of d ncm-Ii (',ITV State Stormwater Management Systems Permit No. SW8 091204 11. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Permit updated, modified and reissued this the 7" day of October 2019. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION `�--------- - �. S. Daniel ith, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission RECEIVED FEB 19 2020 IDCM-MHD CITY i j DCM VVILMINGYOiN. NC FEB I 0 2020 Pana 4 of 4 State Stormwater Management Permit Number SW8 091204 ATTACHMENT A AS -BUILT PERMITTEE CERTIFICATION I hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. Check here if this is a partial certification. Section/phase/SCM #9 _ Check here if this is part of a Fast Track As -built Package Submittal. Printed Name Siptature I. County of _, a Notary Public in the State of do hereby certify that personally appeared before me this day of _ and acknowledge the due execution of this as -built certification. Witness my hand and official seal My commission expires is 2. The access is a 3. The access exte •dea the necessary language tc d consistent with the stormwa ditions. .e for inspection, maintenance [mum of 10 feet wide. to the nearest public right -of Ms ana the components are located in recorded t 20 (SEAL) ensure that me I Y or N cr regulations and YorN conveyance y or N cessar . Y or N I. 1 he site approved plan. is being operated and maintained in accordance with the Y or N I Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach additional sheets as needed. RECEIVED FEB 19 2020 DCM-MHD CITY �c Page 1 of 1 Northwest WTP Improvements Permit No. SW8 091204 Attachment C Permit History 205: Entir Project / Drainage Area (ac) 194.7 194.7 198.1 198.1 t 198.1 Project / Drainage Area (sf) 9482110 8482110 8629236 8629236 8629236 OnsjW (sf) -; < 8,482,110 8, - . , . ' . -6 , '= 8.62g,235 208,213 202,955 Total permitted BUA (sf) 267,644 267,644 414,770 Proposed BUA added for mod — 96,808 206,557 5,258 55,829 Total Existing BUA Pre-1988 (sf) 147,126 147,126 147,126 147,126 147,126 Percent BUA (%) 3-16% 3.16% 4.81% 2.41% 2.35% BUA; Buildings (sf) - 110,301 52,264 , ; ;. 25,E- 22 ,4 B aeking f) , 4 2 i- SM BUA. Sidewalks (sf) {; b 3 9,854` 7,W`5 5,Q0 _ _ " `n BUA gther (so 15,011. 12,090 ' bl M 5;$8 BUA, Future( f) - I034 - 103 200,000 ` BUA, Offsite4s€) n Note 1 - the project was approved for 414770 sf of BUA in 2015, which included s the 147126 sf existing BUA amount. The 2019 mod and forward should reflect W r a reduced project area of 8482110 sf to address the overall density without penalty for the existing BUA and a maximum new BUA limit of 267644 sf. N o N ry CS o Project has 1.9 acres of s See Note 1 Project has 147126 sf of I Water Resources - Fnvtrortmatul Quality February 28, 2018 Ms. Ann B. Hardy, County Manager Brunswick County Public Utilities Department P.O. Box 249 Bolivia, North Carolina 28422 ROY COOPER Govern MICHAEL S. REGAN Secretary LINDA CULPEPPER Intern Director Subject: Issuance of NPDES Permit NCO057533 Northwest WIT (Hood Creek WTP) (PC-1) Brunswick County Dear Ms. Hardy: The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject facility. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007, or as subsequently amended. The Division understands that you have made no significant changes to your facility since the last permit renewal. We have made the following updates for this permit renewal: 1. The facility map has been updated. 2. Regulatory citations have been added. 3. Electronic reporting of discharge monitoring reports (eDMR) has been added in Section A. (6.). 4. The receiving stream is not impaired for Turbidity. Therefore, instream monitoring has been removed includmg the corresponding footnote. 5. Concurrent sampling for toxicants with WET testing has been removed. 6. Since this facility does not use chloramines, ammonia nitrogen sampling has been removed. 7. Total Manganese and Total Iron have been removed because the EPA approved removal of NC aquatic life standard as part of 2007-2016 Triennial review. Therefore, there are no limits to compare momtonng data for these parameters. 8. Due to toxicity failures, a permit re -opener condition for whole effluent toxicity has been added as described in Section A (3.). 9. The daily maximum limit for Total Residual Chlonne has been changed to 18 µg/1 to account for dilution in receiving stream. 10. The following parameters now have monthly monitoring and limits because reasonable potential to exceed water quality standards or criteria: Effluent Characteristics Parameter Code Monthly Average Daily Maximum Total Copper 01042 8.24 µg/l 10.89 µg/l Total Fluoride 00951 1882.9 µg11 1882.9 µg/I Total Aluminum 01105 8368.3 µg/l 8368.3 µg/l 11. A compliance schedule (Section A. (2.)] has been added for the Total Copper and Total Fluoride limits in Section A. (1.). Compliance with this limit shall commerce on April 1. 2022, appm". 9b RECEIVEC months from the permit effective date. FEB 10 2020 FEB 19 2020 State or North Carolina I Environmental Quality 1617 Marl Service Center I Raleigh, North Carolina 27699-1617 DCM WILMINGTON. NC DCM-MHD CITY 919-707-900D Ms. Hardy February 28, 2018 Page 2 of 2 12. Effluent and upstream quarterly monitoring for Total Hardness has been added. Please see discussion below for more information The NC 2007-2014 Water Quality Standard (WQS)'fnenmal Review was approved by the NC Environmental Management Committee (EMC) on November 13, 2014. The US EPA subsequently approved the WQS revisions on April 6, 2016 with some exceptions. The NC Division of Water Resources NPDES Permitting Unit is required to implement the new dissolved metal standards in all permits public noticed after April 6, 2016. The new standards for most metals include acute standards. Furthermore, the freshwater standards for several metals are expressed as the dissolved form of the metals, and seven metals have hardness -dependent equations. As a result, the NPDES Permitting Unit will need site -specific effluent hardness data and mstream hardness data, upstream of the discharge, for each facility monitoring these metals in order to calculate permit limitations. Effluent hardness and mstream hardness sampling, upstream of the discharge, has been added to this permit at a monitoring frequency of quarterly. See Section A. (1.) EfOuent Limitations and Monitoring Requirements. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of North Carolina General Statutes, and you must file it with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall remain final and binding. Pleasc note that this permit is not transferable except after notice to the Division The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental permits that may be required. If you have questions, or if we can be of further service, please contact Derek Denard at [derek denard@ncdeiir.gov] or call (919) 807-6307. 5TReindaspec lly, Culpepper, Interim Di Division of Water Resources, NCDEQ Enclosure: NPDES Permit NCO057533 (Fmnl Issuance) he Central Files NPDES Program Files WiRO Files/ Aim Morella Sanchm.. King cc Aquatic Toxicology Branch / Susan Meadows isusan meadows@ncdenr gov], Cindy Moore [cindy a mmrc@ncdenr gov] Glenn Walker lglenn walker@bnmswickoounty iagov] RECEIVED RECEIVED CCM WILMINGTON, NC FEB 1 0 2020 FEB 19 2020 DCM-MHD CITY NPDES Permit NCO057533 STATE OF NORTH CAROLINA DEPARTMENTOF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM NPDES In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Brunswick County is hereby authorized to discharge wastewater from a facility located at the Northwest Water Treatment Plant (WTP) (Hood Creek WTP) 3954 Clearwell Dr. NE, Leland 28451 Brunswick County to receiving waters designated IIood Creek within the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The pettnit shall become effective on April 1, 2018. This permit and the authorization to discharge shall expire at midnight on March 31, 2023. Signed this day February 28, 2018. RECEIVEC; .FEB 19 2020 DCM-MHD CITY a Culpepper, Interim D— irdc e Division of Water Resources By Authority of the Environmental Management CommissioS L= I V L D LMINGTON, NC Page I of 8 PEB 1 0 2020 NPDES Pennit NCO057533 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit hearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terns, and provisions described herein. Brunswick County is hereby authorized to: 1. continue to operate a conventional technology water treatment plant [coagulation, flocculation, sedimentation, and filtration] with discharge of wastewaters from media filter backwash and sedimentation basins with a design potable flowrate of 24 MGD and a backwash discharge of 0.981 MGD, with wastewater treatment consisting of; • influent disinfection (chlorination) • two (2) each 12 MGD up -flow clarifiers [disinfected raw water] • two (2) banks of four (4) each filter [sand/anthracite/gravel filter; backwash contains chlorine and fluoride] • one (1) clear well (4 MGD) • surge lagoon (2.0 MGD) • sludge thickener (0.180 MGD) • dechlorination equipment • chemical usage consisting of o chlorine dioxide (chlorination) o sodium hydroxide (50%) o poly aluminum chloride (flocculation) o sodium silica fluoride o bleach -type solutions o cationic polymer solutions o calcium thiophosphate (dechlorination) o powered activated carbon 0 orthophosphate facilities located at the Northwest WTP (Flood Creek WTP), 3954 Clearwell Dr. NF, Brunswick County; and 2. discharge from said treatment works, at the location specified on the attached map, to Hood Creek [stream segment 18-66], a waterbody currently classified C; Sw within Subbasin 03-06-17 [030300050406] of the Cape Fear River Basin. RECEIVED RECEIVED DCM WILMINGTON, NC FEB 19 2020 Page 2 of 8 FEB 1 0 2020 DCM-MHD CITY NPDES Permit NCO057533 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS OUTFALL 001 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from Outfall 001. Such discharges shall be limited, monitored and reportedl by the Permittee as specified below: EFFLUENT CHARACTERISTICS [Parameter Codes] LEWITS MONITORING REQUIREMENTSI Monthly Averse Daily Maximum Measurement Frequency Sample a Sample Location Flow (MOD) 50050 Continuous Recording Effluent Total Suspended Solids (TSS) (mg/I) C0530 30 mg/1 45 mg/I Weekly Grab Effluent Total Residual Chlorine (TRC) (µgo) 2 50060 Ig µg/12 Weekly Grab Effluent pH (su) 00400 Not<6.Otmr>90 standard units Weekly Grab Effluent Turbidity (N " 00070 Monitor & Report Weekly Grab Effluent Hardness - Total as [CaCO3 or (Ca + Mg)] (mg(L) 3 00900 Monitor & Report Quarterly Grab Effluent Hardness - Total as [CaCO3 or (Ca + Mg)] (mg/L) 4 00900 Momtor & Report Quarterly Grab Upstream Total Copper (µg/1) 3, S 01042 g 24 µga 5 10 89 µg/I s Monthly Grab Effluent Total Fluoride (µg/1) 5 00951 1882 9 µgn 5 1882 9 µg/13 Monthly Grab Effluent Total Aluminum (µg(1) 01105 8368.3 µgn 8368.3 µg/I Monthly Grab Effluent Total Zinc (µg/I) 3 01092 Quarterly Grab Effluent Total Nitrogen ( M (mg/1) C0600 Monitor & Report Quarterly Grab Effluent Total Phosphorus (TP) (mg/1) C0665 Monitor & Report Quarterly Grab Effluent Chronic WET Testing 6 TOP313 Monitor & Report Quarterly Grab Effluent Footnotes: I The Permittee shall begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system See Condition A (6 ) 2 The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit However, the Permittee shall continue to record and submit all values reported by a North Carolina certified test method (including field certified), even if these values fall below 50 µg/L 3 Effluent hardness sampling should be performed in conjunction with sampling for hardness dependent metals (Copper, Zinc) 4 The Pemuttee shall sample instream hardness, upstream of the facility's discharge The sample shall be representative of the hardness in the receiving stream 5 Compliance with this lumt shall commence on Aonl 1, 2022, approximately 48 months from the permit effective date See Compliance Schedule Condition A. (2) 6. Chrome WET testing (Ceriodaphnia dubs) 7-day pasa/fail test, monitoring only, at 90% to February, May, August and November See condition A. (5 ). D Condrtr n : • All samples must be collected from a typical discharge event • The Permrttee shall discharge no floating solids or foam Page 3 of 8 RECEIVE DCM WILMINGTON, NC RECEIVED FEB 1 0 2020 FEB 19 2020 OCM- MH0 CITY NPDES Permit NCO057533 A. (2.) SCHEDULE OF COMPLIANCE (OUTFALL 001) [G. S. 143-215.1(b)] 1. Within one year from the effective day of the permit the Permittee shall submit to the Division of Water Resources a Corrective Action Plan summarizing the actions to be taken to achieve compliance with the Total Copper and'rotal Fluoride limits at Outfall 001 and a schedule of activities to implement the Plan. 2. Within two years from the effective date of the permit submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan. 3. Within three years from the effective date of the permit submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan. 4. Within four years from the effective date of the permit submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan. 5. Achieve compliance with Total Copper and Total Fluoride limits specified in Section A. (1.) by April 1.2022. Upon approval of the Corrective Action Plan by the Division, the report and actions become an enforceable part of this permit. Any modifications to the schedule shall be requested to the Division at least ninety (90) days before the deadline. Modifications to the schedule in excess of four months will be subject to public notice. A. (3.) PERMIT RE -OPENER: WHOLE EFFLUENT TOXICITY [G. S. 143-215.1(b)] Whole Effluent Toxicity monitoring results indicating aquatic toxicity may result in the Division of Water Resources re -opening this permit, or requesting by letter that further action be taken. Additional metals testing, a toxicity identification evaluation, a toxicity reduction evaluation, and/or an assessment of discharge treatment alternatives may be requested. A. (4.) PERMIT RE -OPENER: TMDL IMPLEMENTATION [G. S. 143-215.1(b)] The Division may, upon written notification to the Permittee, re -open this permit in order to incorporate or modify effluent limits, monitoring and reporting requirements, and other permit conditions when it deems such action is necessary to implement TMDL(s) approved by the USEPA. RECEIVED DCM WILMINGTON, NC RECEIVED FEB 1 0 2020 Page 4 of 8 FEB 19 2020 DCM-MHD CITY NPDES Permit NCO057533 A. (5.) CHRONIC'I'OXICITY PASS/FAIL MONITORING ONLY (QUARTERLY) [I 5A NCAC 02B .0500 et seq.] The permittee shall conduct quarterly chronic toxicity tests using test procedures outlined in the "North Carolina Ceriodaplrnia Chrome Effluent Bioassay Procedure," Revised December 2010, or subsequent versions. The effluent concentration defined as treatment two in the procedure document is 90%. The testing shall he performed as a Ceriodaplrnia du6ia 7-day pass/fail test. The tests will be performed during the months of February, May, August anti November. 'These months signify the first month of each three month toxicity testing quarter assigned to the facility Effluent sampling for this testing must be obtained dining representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP313. Additionally, DWR Form AT-1 (original) is to be sent to the following address: Attention North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, NC 27699-1621 Completed Aquatic Toxicity'1'est Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE. Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. RECEIVr_L. HECE1VEL) DCM WILMINGTON, NC FEB 19 2020 FFB 1 0 2020 Page 5 of 8 DCU-MHD CiTY NPDES Permit NCO057533 A. (6.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S.143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. Tire final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part 11 of this permit (Standard Conditions for NPDES f'ei mas)- • Section A. (11.) • Section D (2 ) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reportine Requirements [Supersedes Section D. (2.) and Section E. (5.) fall The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permiltees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION. Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "flow to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable - Sewer Overflow/Bypass Event Reports, Pretreatment Program Annual Reports, and Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "flow to Request a Waiver from E,lectronicReporting" section below). RECEIVED RECEIVED DCM WILMINGTON, NC Page 6 of 8 FEB 19 2020 FEB 1 0 2020 UCM-MHD CITY NPDES Permit NCO057533 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: reporting -rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Reauest a Waiver from Electronic Reportine The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division Approved electronic reporting waivers are not transferrable Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: htto //dgg.nc.gov/about/divisionstwater-resources/edmr 4. Slanatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)l All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I I.)(a) or by a duly authorized representative of that personas described in Part IL Section B. (I 1.)(b) A person, and not a positron, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: htto•//deq.nc gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122 22]. NO OTHER STATEMENTS OF CERTIFICATION WI IM11 i V ED ACCEPTED: "JILMINGTON, NO Page 7 of 8 RECEIVE[; FEB 1 0 2020 FEB 19 2020 0CM-MHD CITY NPDES Permit NCO057533 "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete I am aware that there are significant penalties for submtttrngfalse information, including the possibility offines and imprisonment for knowing violations." 5. Records Retention ISuoulements Section D. (6.)l The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report This penod may be extended by request of the Director at any time [40 CFR 122.41]. RECEIVED RECEIVED -DOIdi WILMINGTON, NO FEB 1 0 2020 Page 8 of 8 FEB 19 2020 DCNA-NAND CITE" i~ Cape Fear River v - r` I o\� V� yf / • Big Hood Creek - .• r 1 [flows northeast) J. ru 1 i C'learwell Dr. NE " aL ' b' 1•• � �R-.�•• Approximate Facility Boundary I l IT n `Outfa11001 ` , FEB 1 1 flows west -{_ 1 f Brunswick County Northest (Hood Creek) WTP FEB NPDES Permit NC0057533 r nff°�'ryyt 3954 Clearwell Dr. NE, Leland 28451 34.30 2H1J�7�f133• W Receiving Stream: Hood Creek Stream Class: C;Sw NC Grid: J26SE Stream Segment: 18-66 Sub -Basin #: 03-06-17 SCALE USGS Quad: Leland, NC River Basin: Cape Fear HUC: 030300050406 I:30,000 County: Brunswick NPDES Permit Standard Conditions Page 1 of 18 PART I1 STANDARD CONDITIONS FOR NPDES PRRMI'1'S Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events These samples shall be representative of the wastewater discharged during the sample period 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act' The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods. January through March, April through June, July through September, and October through December Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically Composite samples may be obtained by the following methods. (1) Continuous. a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/vanahle volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume. a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1124 of the expected total daily flow at the treatment system, or RECEIVED FEB 19 2020 Version 11109120112 RECEIVED DCM WILMINGTON, NC FEB I 0 2020 DCM-MHD CITY NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume. a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours, there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day (40 CFR 122 2, see also "Composite Sample," above) Daily Maximum The highest "daily discharge" during the calendar month. Daily Samnline Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s) DWR or "Lite Division' The Division of Water Resources, Department of Environmental Quality Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of"0" (or "< [detection level]") shall he considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for mstream samples) - f:) RECEIVED DUA Vd1l-lv1h,'6ION, NC FEB 19 2020 FEB 1 0 2020 Version 1"MMI MHD CITY NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. in the case of fecal cohform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration Iimit) The arithmetic mean of all samples taken over a calendar quarter Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant. Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions I Duty to Comply The Permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41). a The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122 41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)S3) or RECEI xB) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violat.m., G E I V E u DCM WILMINGTON, NC FEB 19 2020 Version I1AW0112 DCM-MHD CITY FEB 1 0 2020 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than I year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(I) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(cx2) and 40 CFR 122.41(a)(2)] e Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both An organization, as defined in section 309(c)(3)(B)(sii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions (40 CFR 122.41(aK2)] f Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class Il violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122 41(a)(3)] 2. Duty to Mitieate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)] 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II.CA), "Upsets" (Part II.C.5) and 'Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Pemmtee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215 6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended 4 Oil and Hazardous Substance Liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215 75 et seq. or Section 311 of the Federal Act, 33 USG 1321 Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended 5 Prooerty Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)] 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical ItructuryMV ED facilities or the undertaking of any work in any navigable waters. DC;M WILMINGTON, NC RECEIVED FEB 1 0 2020 FEB 19 2020 Version 11109120112 DCM-MHD CITY NPDES Permit Standard Conditions Page 5 of I8 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150E-23) 8 Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122 41(h)] 9 Duty to Reapply if the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122 41(b)]. 10 Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Pemuttee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 12241(k)]. a All permit applications shall be signed as follows* (1) For a corporation* by a responsible corporate officer For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge => of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authonty to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively, or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer of ranking elected official [40 CFR 122.221 b All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a above or by a duly authorized representative of that person. A person is a duly authorized representative only if (1) The authorization is made in writing by a person described above, (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company (A duly authorized representative may thus be RECEIV5Feither a named individual or any individual occupying a named position.), and ECEIV ED The written authorization is submitted to the Permit Issuing Authority [40 CFR l2DCiYWILMINGTON, NC FEB 19 2020 FEB 1 0 2020 DCM-MHD CITY version 110120112 NPDES Permit Standard Conditions Page 6 of 18 c Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122 22) d Certification Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122 221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: V certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qual ied personnel properly gather and evaluate the information submitted Based on my inquiry ofthe person or persons who manage the system, or those persons directly responsible for gathering the information, the informatian submitted is, to the best ofmy knowledge and belief, true, accurate, and complete I am aware that there are significant penalties for submilhngfalse information, including the possibility offrnes and imprisonment for knowing violations " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Pennittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(01 13. Permit Modification Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et at. 14 Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls i . Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [TI SA NCAC 080 0201]. a. designate one Operator in Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following ➢ receiving notification of a change in the classification of the system requiring the designation of anew Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade, or i G E N L i> PMCER?t vacancy in the position of Operator in Responsible Charge (ORC) or Back-? pl*ftNGTON, NC esponsible Charge (Back-up ORC). UG FEB 19 2020 FEB 1 0 2020 DCM-MHD CITY version 11IM011 2 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class 1 facility (or the Back-up ORC, when acting as surrogate for the ORC) must. ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G 0204. The ORC of each Class It, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system, the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of I SA NCAC 08G .0204 2. Pr�r Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122 41(e)] NOTE- Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Pennittee's staff. 3 Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122 41(c)]. 4. Bypassine of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c of this section b. Notice [40 CFR 122.41(m)(3)] (I ) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass, including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice) c. Prohibition of Bypass (1) Bypass from the treatment facility Is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless - (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wi a col ectiop system associated with the treatment facility. RECEI it DCIJI WIL14MU' l O1l, iJG FEB 19 2020 FEB 1 0 2020 Version 11109120112 DCM-MHD CITY NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit issuing Authority determines that it will meet the three conditions listed above of Paragraph c. (1) of this section. 5. Upsets a Effect of an upset [40 CFR 122 41(nx2)1: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b of this condition are met No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject tojudicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part iI.E.6.(b) of this permit (4) The Permittee complied with any remedial measures required under Part iI B.2. of this permit c. Burden of proof [40 CFR 122.41(n)(4)]. The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCOS 143-215 1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge, 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H 0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Moultorine and Records I Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastesream, body of water, or substance Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority (40 CFR 122.410)] 2. Repgrting Monitoring results obtained during the previous month(s) shall be summarized for each mouth and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address RECEIVED FEB 19 2020 DCM-MHD CITY version 11109120112 h t Wit✓,__ I v Liu DCM WILMINGTON, NC FEB 1 0 2020 NPDES Permit Standard Conditions Page 9 of 18 NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division Permiltees should contact the Division's Laboratory Certification Section (919 733-3908) or visit https://deq.nc.gov/about/divisions/water-resources/water- resources-data/water-sciences-home-page/laboratory-certification-branch for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215 63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the C WA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.411. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure if no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used 5 Penalties for Tampering The C WA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both if a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122 411. 6. Records Retention Except for records of monitoring information required by this permit related to the Pernittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permitlee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit R E �%� I V DC<•A trim nnlnlrTO D N, NC RECEIVED FEB 1 0 2020 FEB 19 2020 Version 11109120112 DCM-MHD CITY NPDES Permit Standard Conditions Page 10 of 18 These records or copies shall he maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122 411 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]. a. The date, exact place, and time of sampling or measurements; b The individual(s) who performed the sampling or measurements, c. The date(s) analyses were performed; d The individual(s) who performed the analyses, e The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authonzed representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to, a Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit, c Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the C WA, any substances or parameters at any location [40 CFR 122 41(1)] Section E Reporting Requirements I. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2 Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122 41(1)] Notice is required only when: a The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b), or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122 42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(l)(2)] 4. 'transfers This permit is not transferable to any person without prior written notice to and approval froi�.n D accordance with 40 CFR 122.61. The Director may condition approval to accordance with RECEIVED 7111LLL N. NC FEB 1 0 2020 Version 11/OW0112 FEB 19 2020 DCM-MHD CITY NPDES Permit Standard Conditions Page 11 of 18 particular NCGS 143-215 1(bx4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122AI(1)(4)]. a Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reportine a. The Pernittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(Ix6)] b The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 858-0368 or (919) 733-3300 7 Other Noncompliance The Pernuttee shall report all instances of noncompliance not reported under Part II E 5 and 6. of this permit at the time monitoring reports are submitted The reports shall contain the information listed in Part II.E.6. of this permit 140 CFR 122.41(1)(7)] 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)] 9 Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 3 _ D USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the officeerON, NC RECEIVED FEB 1 0 2020 versbn 11M0II 2 FEB 19 2020 DCM-MHD CITY NPDES Permit Standard Conditions Page 12 of 18 of the Division. As required by the Act, effluent data shall not he considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411 12. Annual Performance Reports Pennittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permttee (NCGS 143-215.1 C) The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation The report shall be sent to: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-161'1 RECEIVED FEB 19 2020 E)CM-MHD CITY RECEIVED DCM WILMINGTON, NC FEB 1 0 2020 Version 1109120112 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtQ permit or (2) the Permntee is exempted from such A[C permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215 1(a5) [SL 2011-394), no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Pernittee and approved by the Division. Section B. Groundwater Monitoring The Pernittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes In Discharees of Toxic Substances The Pernittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42)- a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels", (1) One hundred micrograms per liter (100 µg/L), (2) Two hundred micrograms per liter (200 µg/L) for acrolem and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dimtrophenol and for 2-methyl-4,6rdimtrophenol; and one milligram per liter (1 mgQ for antimony, (3) Five times the maximum concentration value reported for that pollutant in the permit application b That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg1L) for antimony, (3) Ten times the maximum concentration value reported for that pollutant in the permit application Section D. FacWty Closure Reauimments The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility RECEIVED RECEIVED DCM WILMINGTON, NC FEB 19 2020 FLB 1 0 2020 DCM-MHD CITY Version 110K0112 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part Ii of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial Use Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(I 1)] Interference Inhibition or disruption of the POTW treatment processes; operations, or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [I 5A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H 0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in' he storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in I SA NCAC 2T .0402, only if it conveys wastewater to a Pam treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. in this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization " [ 15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]- 1 Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2 Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia, or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471, or 4. is designated as such by the Permittee on the basis that the industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5 Subject to approval under 15A NCAC 021­1 .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (Sill), or 6 Subject to approval under 15A NCAC 02H 0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thug is a non -significant categorical Industrial User. R cG kE IV L L) DCM WILMING-i ON, NC Section B. Publicly Owned Treatment Works (POTWs) RECEIVED FEB 1 0 2020 Version 1110920112 FEB 18 2020 DCM-MHD CITY NPDFS Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1 Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. I . Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants to accordance with best practicable technology or water quality standards 2. Prohibited Discharges a. The Pemuttee shall develop and enforce then Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 0211 .0900 and 40 CFR 403 [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CPR 403 5(b)]. (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21, (2) Pollutants which cause corrosivc<•[ruclural damage to the POTW, but in no case discharges with pl1 lower than 5.0, unless the works is specifically designed to accommodate such discharges, a. (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference, (4) Any pollutant, including oxygen demanding pollutants (BOD, etc ) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW, (5) Heat in amounts which will inhibit biological activity in the PO"I'W resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature [units, (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW c. The Pennittce shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Pennittce's Pretreatment Program and/or the operation of the Pam The Pemuti ce shall report such discharges into the POTW to the Director or the appropriate Regional Office Any information shall be provided orally within 24 hours from the tune the Permittee became aware of the circumstances A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times, if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned, to Seduce, eliminate, and prevent reoccurrence of the noncompliance, RECEIVED ILNIING [ ON, NC FEB 1 0 2020 Version 11109120112 FEB 19 2020 DCM-MHD CITY NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system 4. The Permittee shall require any Industrial User (iU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limns, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H 0907(a) and (b). [40 CFR 122 440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215 3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H 0900, and the legal authorities, policies, procedures, and financial provisions contained ui its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part 11 or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [I SA NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(0(1) and 403 9(b)(1) and (2)] 2. Industrial Waste Survey (I WS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403 8(f)(2)(i-iu) and 15A NCAC 02H 0905 [also 40 CFR 122.440)(1)), including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of STU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The iWS submission shall include a summary of any investigations conducted under paragraph C 2.c of this Part [ 15A NCAC 02H .0903(b)(13), .0905 and 0906(b)(2), 40 CFR 403 8(f)(2) and 403.9] 3 Monitoring Plan The Permrttee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts Ii.D and II E.5 ). [15A NCAC 02H .0903(b)(16), 0906(b)(3) and 0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 190 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122 44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions 1 NC iRftLml R 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are LB 1 0 2U2U FEB 19 2020 Version 11/09/20112 DCM-MHD CITY NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403 3(1) [15A NCAC 02H .0903(bx10), 0905, and .0906(b)(4)] 5 Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215 I, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permttee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the H WA and the limits from all iUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the H WA [ 15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403 5, 403.8(f)(1)(iu), NCGS 143-215 67(a)] 6 Authorization to Construct WO The Permitter shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905, NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards [15A NCAC 02H .0908(e), 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year, b Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e), and c At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8 IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the ndustry's pretreatment permit, or in 15A NCAC 02H .0908 [ I SA NCAC 02H .0906(b)(5) and 0905; 40 CFR 403.8(f)(1)(v) and (2)(m); 40 CFR 122 W)(2) and 40 CFR 403.121 9. Yriforcement Resoonse Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H 0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Fnforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905, 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H 0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address I WED DCid WILN,14AGTON, NC RECEIVED FEB 19 2020 Version 11/09/20112 FEB 1 0 2020 DCM-MHD CITY NPDF.S Permit Standard Conditions Page 18 of 18 NC DEQ / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March I of each year and shall contain the following a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements, b. Pretreatment Program Summary (I'PS) A pretreatment program summary (PPS) on forms or in a format provided by the Division, c. Significant Non -Compliance Report (SNCR) A list of industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of lUs in SNC, a summary of data or other information related to significant noncompliance determinations for lUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit, 11. Public Notice The Permittee shall publish annually a list of Industrial Users (lUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period This list shall be published within four months of the applicable twelve-month period. 115A NCAC 021i.0903(b)(34), 0908(b)(5) and 0905 and 40 CFR 403.8(0(2)(viii)l 12 Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by i 5A NCAC 02H 0908(f) [15A NCAC 02H .0908(f), 40 CPR 403.12(o)) 13 Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection [15A NCAC 02H 0906(b)(9) and (10) and .0905; 40 CFR 403 8(f)(3), 403 9(bx3)) 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (Sills), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H 0114 and i 5A NCAC 02H .0907. RECEIVED FEB 19 2020 DCM-MHD CITY Version 11ro82o1 f 2 RECEIVED DCM WILMINGTON, NC FEB 1 0 2020 MW `r Ov V` ROY COOPER MICHAEL S. REGAN S. DANI1A. SM1111 NORTH CAAOLINA EmIronmental Quality February 13, 2020 Mr. John Nichols Brunswick County PO Box 249 Bolivia, NC 28422-0249 Subject: NPDES PERMIT ISSUANCE NPDES Permit NCO057533 Northwest WTP Grade i Physical Chemical WPCS Brunswick County Dear Mr. Nichols: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final NPDES discharge permit. Tlris permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S: Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The final permit includes the following significant changes from the existing permit: I. Outfall map has been updated. 2. Receiving stream for outfall 001 has been corrected to state it is an unnamed tributary to Hood Creek on the Pemtit Cover Sheet and Supplement to Permit Cover Sheet per information provided by the permittee's representative. 3. Language on the Supplement to Permit Cover Sheet has been updated for outfall 001 and new language has been added to reflect the proposed expansion and addition of the proposed outfall 002. 4. The facility grade has been added in Section A. (1). 5. Turbidity monitoring has been reduced to 2/Month for outfall 001 in Section A. (1) per the current water treatment plant guidance. 6. Limit for total residual chlorine has been updated for outfall 001 in Section A. (1) based on the waste load allocation at full expansion. 7. Limits for copper have been updated for outfall 001 in Section A. (1) per the reasonable potential analysis. 8. Limits have been removed for fluoride for outfall 001 in Section A. (1) as the reasonable potential analysis indicates here is no longer a potential to exceed water quality standards, and the compliance schedule in the renumbered Section A. (3) has been updated to remove fluoride. 9. Limits have been removed for aluminum and monitoring reduced to quarterly for outfall 001 in Section A. (1) per the current water treatment plant guidance. A Q' RECEIVED North Ca, Am Duq,mul ern o' HwimimonW1 Quality, UN:WQ1 of Watcr ao9o,rco 1611 MM Semm Center aele'gh, North Ceroh•,a 276991617 919 707 9000 FEB 19 2020 ()CM-MHD CITY 10. Monitoring for zinc has been removed for outfall 001 in Section A. (1) per the reasonable potential analysis and as the pennittee indicated in the last permit renewal application that zinc orthophosphate or sweetwater CP1236 does not have the potential to be discharged. 11. A limited toxicity test with a compliance schedule has been added in Section A. (1) and Section A. (1 1) for outfall 001 to address ongoing toxicity issues. 12. Sections A. (2) and A. (12) have been added to reflect monitoring requirements for the proposed outfall 002, consisting of a reverse osmosis concentrate waste stream into the Cape Fear River. 13. Compliance schedule in renumbered Section A. (3) has been updated to reflect the current items remaining until the compliance deadline for outfall 001. 14. Section A. (6) has been added to define instream monitoring requirements for the proposed outfall 002. 15. Section A. (7) has been added for monitoring that will be required for outfalls 001 and 002 after discharge commences from the proposed outfall 002. 16. Section A. (8) has been added for required monitoring for PFAS compounds at outfall 002. 17, Section A. (9) has been added to address the disposal of the spent membrane cleaning solution from the reverse osmosis treatment. 18. Language has been updated in renumbered Section A. (13) regarding electronic submission of effluent data. Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). The final permit includes the following significant changes from the draft permit: 1. Items 2, 4, and 5 on the Supplement to Permit Cover Sheet have been updated to clarify notification should be given 60 days prior to expanded discharge from outfall 001 based on the recommendation in hearing officer's report. 2. Descriptions of the wastewater discharges in Sections A. (1) and A. (2) have been updated to match that described on the Supplement to Permit Cover Sheet based on the recommendation in hearing officer's report. 3. Aluminum limits have been added back to the permit and updated from the previous permit in Section A. (1) per the reasonable potential analysis. Thesc limits were mistakenly removed in the draft permit. 4. The toxicity footnotes lane been updated in Sections A. (1) and A. (2) based on the recommendation in hearing officer's report. 5. Monitoring and limits for alkalinity have been added in Section A. (2) per the reasonable potential analysis. This monitoring was mistakenly left out of the draft permit. 6. Footnote #2 in Section A. (2) has been updated regarding instream monitoring frequencies based on the recommendation in hearing officer's report. 7. The conditions under the effluent tables in Sections A. (1) and A. (2) have been updated to match language in other permits based on the recommendation in hearing officer's report. 8. The Corrective Action Plan in Section A. (3) has been updated to remove the requirement for the third year based on the recommendation in hearing officer's report. 9. Section A. (7) has been updated to clarify that monitoring is required at outfall 001 and 002 after expansion has been completed based on the recommendation in hearing officer's report. 10. The missing parameter codas in Section A. (8) have been added. 11. The parameter name for IIFPO-DA (GenX) has been updated in Section A. (8). 12. Monitoring frequency for PFAS compounds has been changed from semi-annual to quarterly in Sections A. (2) and A. (8) based on the recommendation in hearing officer's report. Attachment A to this letter contains a list of labs that have been pre -approved us capable of analyzing PFAS by LCMSMS Compliant with Table B-15 ofQSM 5.1 or latest Version or with an acceptable ECENED FEB 19 2020 �(;M-MHD CITu variation. Please be aware that criteria are being developed for HAS compounds and are likely to be lower than the current drinking water health advisory level. The PFAS drinking water health advisory of 70 ng/L is the target concentration for the sum of sample results for PFOA and PFOS. Results for HAS that do not currently require action may trigger reduction activities in the future. The NC 2007-2014 Water Quality Standard (WQS) Triennial Review was approved by the NC Environmental Management Committee (EMC) on November 13, 2014. The US EPA subsequently approved the WQS revisions on April 6, 2016 with some exceptions. The NC Division of Water Resources NPDES Permitting Unit is required to implement the new dissolved metal standards in all permits public noticed after April 6, 2016. The new standards for most metals include acute standards. Further, the freshwater standards for several metals are expressed as the dissolved form of the metals, and seven metals have hardness -dependent equations. As a result, the NPDES Permitting Unit will need site -specific effluent hardness data and instream hardness data, upstream of the discharge, for each facility monitoring these metals in order to calculate permit limitations. Effluent hardness and instream hardness sampling, upstream of the discharge, has been added to this permit at a monitoring fiequency of quarterly. See Sections A. (1) and A. (2) Effluent Limitations and Monitoring Requirements. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. 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 I lemings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this permit shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local govemmental permit that may be required. If you have any questions or need additional information, please do not hesitate to contact Brianna Young of my staff at (919) 707-3619. cc: NPDF.S Files Central tiles Wilmington Regional Office WSS/Aquatic Toxicology Branch WSS/Ecosystems Branch WSS/Ecosystem Branch Kelly Boone, CDM Smith Jonathan Treadway, CDM Smith Reed Barton, CDM Smith Paul Calamita, Aqual,aw Sincerely, S. Daniel Smith Director, Division of Water Resources RECEIVED FEB 19 2020 DCM-MHD CITY Bob Tweedy, Brunswick County Glenn Walker, Brunswick County Chris Harrelson, Brunswick County Donald Dixon, Brunswick County Frank Williams, Brunswick County Board of Commissioners Beth Eckert, Lower Cape Fear River Research Program Jean Zhuang, Southern Environmental Law Center Geoffrey Gisler, Southern Environmental Law Center RECEIVED FEB 19 2020 DCM-MHD CITY COUNTY OF BRUNSWICK PAR('LL ID#: 0150()0040 PIN#: 221A"210WI O MNIC(GLS. RENORTHWEST WATER TREATMENT PLANT P4;-ioXNC284 EXPANSION AND UPGRADES PHONFA.NC x84M FAX:(910)lx5}4V5 ' RECEIVED VOLUME 1 OF 2 SURVEYOR FFR 19 2020 OCTOBER 2019 JSCHOFF STTEEw RT,.INC. ISSUED FOR BID 5410 OLD FOOLS ROAD DCM_MHD TYPE OF RK- RALEIGH NC PHONE: 4919) 8664741 CITY DRAWINGS HEREIN PROVIDE CONSTRUC710N DETAILS FOR UPGRADE AND EXPANSIONS TO EXISTING WATER TREATMENT FACILITIES INCLUDING RAW WATER CONVEYANCE. RAPID MIXING, CLARIFICATION, FILTRATION, DISINFECTION AND RESIDUALS SYSTEMS. TREATABILI Y UPGRADES ARE DEFINED BY A NEW REVERSE OSMOSIS FACILITY. ANCILLARY PROCESSES, BUILDING DESIGNER MECHANICAL, ELECTRICAL AND AUTOMATION INFRASTRUCTURE ARE TO BE UPGRADED. JONATHAN TREADWAY. P.E. CDM SMITH 5400 GLENWOOD AVENUE. SUITE 400 PHONIC(. NC 27635M PHONE: .N 3261500 th EMAIL: TREADWAYIB@CDMSMITH.COM ppACRlpDpry "ENGINEER'S CERTIFICATION OF COMPLIANCE WITH BRUNSWICK COUNTY SPECFFCA77ONS AND DETAILS UAIE: 927R 119 SC" -'I "t 1 hereby certify the the plans. duails, and usnciuM proctjespecificuintu comply with the latest version. as of this date. of w- Brawick County: Standard Specifications andStandard Details per standard engineering practice. Furthermore. l confirm understandingsen my understanding that rtvi<wx d msw approvals by Bnick County personnel du not imply that Brunswick County pewnnel have rcviewe0 and arc in agrttmcn[ with every portion of the plans and apceifica[ions that I have submined. I undcr.mnd shut ^� Brunswick County reviews Brunswick nppnwals are meam tomrc euthe the oremll plans are in general comptiance with County _ objectives. I urMenund that it is my full responsibility to ensure that plans aM WIN urc in full compliance with rPRO1FCI NO. applicable County. State. Federal, and other municipal requirements. I also confirm my uniemusuc ing that County Inspections 250459232K¢ ae for the sole use of the County and I certify that I will net use, or direct others to use. County inspections for State compliance _ purposes or any her purpose." SHEET NO. G�N-1 r�y—r ISSUED FOR BID RTMENT JOINING aFFJIRIG UTILITIES y._. ,{ j: (' `� i'. 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"+'S.� EXPANSION AND UPGRADES CSP-10 Q Q Q 9 —J I r J a WIZ LINE SCE $HEEi C:%P 13 F MtEA ] `�j�j enuNswicx couxn, N< n .m•eae �'""'eh - NORTHWEST WATER TREATMENT PLANT EXPANSION AND UPGRADES E:l U. moon 000 000 omom omom omom oo�m oomm mmom momm 000 0�om omm 0�mm moom omom moom 000 O�e�Tm omom ©oom 000m omom oomo 000 oo�m ommm ,moom o�mm ©omm RECE VED FEB 19 2020 n DCM—MHD CITY 4 CIVIL SITE PLAN -AREA 1 C-S�-l1 _ 7p-1 I 1 I ynx n n2 � I OR,M6 I /Mr I F � C �I I F I I F F ui I I � I I I I I � I ;I I m0�0 0�f�0 ©OLEO OF�E�O Omk�'T7m 0=3 0 Kaa o I _ RECENED I � O Op axon I � 9 2020 m O I o o s ' CITY -'4-M14 o I j.� •�<L !r i M o• WTW UfF r R£ 4QT fiAl4 fpl AIVA ! A I •-t-\� BRIMBNYKCdMiV. aC ao.�>ma h NORTHWEST WATER TREATMENT PLANT CPAL SITE PLAN - AREA 2 P.'wnx EXPANSION AND UPGRADE$ C-SP-12 ®xe aaw I _ WRn UNE_ SFFVM" 0II1T 00 T 7_7177r_71_11 � a a9�4 � mNiMilR rui o we - I,..o-m INsp _ A p3-. leLL K IRI 1 j IU x I I �_ 1 ,vno vro® I.s1 tw. ra R� 14 • O.� I I Tw6OC I I � I I 1 . 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D4 FEB 19 2020 1551.EO MR WE DCM-MHD CITY Wl � SEE ART C 3 w � ] O w c.•, ' \ -- - -- : --- , rS I •`, Q I I LwJ � _ I ;• RECEIVED FEB 19 2020 i - I � I I DCM-MHD CITY I I ri 1 L.1 r -I Gl I � P \ 1 0 1 �.P. BW115M1CIt C01Mh'. RC NORTHWEST WATER TREATMENT PLANT GRADING AND DRAINAGE PLAN - AREA 4 ws "its EXPANSION AND UPGRADES C-GO-S B EE D-5 IBSIJEO FOR&f RFCEIVED FEB 19 2020 DCM-MHD CITY mow w" OrW.'E Na n�3 WW ro arve ono OTK�) n cw+vr+u. vro/m cow wrem resin M 4 rya M"`u. -E or c�oomo� NORTHWEST WATER TREATMENT PLANT YARD PIPING PLAN -OVERALL mi '�-�� EXPANSION AND UPGRADES C-VP-7 a P-1 n OWNER JOHN NICHOLS, P.E. BRUNSWICK COUNTY PUBLIC UTILITIES P.O. BOX 249 BOLIVIA. NC 28422 PHONE: (910) 253-2657 SURVEYOR IORDAN SCHOFF. PLS STEWART. INC. 5410 OLD POOLE ROAD RALEIGH. NC 27610 PHONE:(919) 8664743 i gE 'J DESIGNER j MICHAEL POLLARD. P.E. CDM SMITH 5400 GLENWOOD AVENUE. SUITE 400 RALEIGH, NC 27612 PHONE: (919) 325-3500 EMAIL POLLARDMA@CDMSMD'H.COM I NUMBER DATE BY ;I II 12 [ APPROVALSTANS DATE BY ` ❑ vw ❑ xo ❑ wa .I; ❑m ❑. ❑wit COUNTY OF BRUNSWICK r1_s-,,NORTHWEST BRUNSWICK COUNTY NORTH CAROLINA NORTHWEST WATER TREATMENT PLANT CONCENTRATE DISCHARGE PIPELINE OCTOBER 2019 ISSUED FOR BID TYPE OF WORK: DRAWINGS HEREIN PROVIDE CONSTRUCTION DETAILS FOR CONSTRUCTION OF A CONCENTRATE PIPELINE EXTENDING FROM THE NORTHWEST WATER TREATMENT PLANT AND DISCHARGING AT THE CAPE FEAR RIVER NORTH OF HOOPER ROAD. THE ALIGNMENT IS APPROXIMATELY 20,2m LINEAR FEET AND IS PRIMARILY LOCATED WITHIN NCDOT ROW ALONG CLEARWELL DRIVE. BUTLER RECEIVED ROAD, MT MISERY ROAD. HOOPER ROAD, AND PRIVATE PROPERTY AT THE CAPE FEAR RIVER SmSmith FEB 19 2020 DCM-MHD CITY DATE: REVISION ULSC'B I Fl ION "ENGINEER'S CERTIFICATION OF COMPLIANCE WITH BRUNSWICK COUNTY SPECIFCATIONS AND DETAILS' I hereby certify that the plans, details. and associated project specifications comply with the latest version, as of this date. of - - - Brunswick County', Stan had Specifications aml Slarxlani Details per smndanl engineering practice. Furthermore. I confine --.. n) w demanding that reviews and app.,.Is by Brunswick County pemmml do not imply that Brunswick Cnn my pasnnrel - — — -- h oc reviewed and arc' in agreement with avery portion of the plans and specifications that I have summansi. 1 understand that 921 — -- - - Bruns t k C nmy mvic m said approvals ate meant to emum that the overall plans arc in general compliance with Counly -� objective,. I nalarminvi that it is my full responsibility to emum that plans and specifications art in full compliance with DEPARTMENT - -� applicable County, State, Federal, and other municipal reydrement- I Imo confirm my understanding that County Inspeco ms ; pgOIECT NO. PRO'E. T NO. - PLANNING am for the mile use of the Countv and I cenify that 1 will not use. or direct others to use. County Inspections for State �59_ 662 — -� compliance puryoms or any other purpose." ENGINEERING _ _ _ SHEEP NO. PUBLIC IITILGIES GGN-1 ISSUED FOR BID GENERAL x r aoase • D r a mvrYsr a r • aaauaiv,ua.rwexxaa CNL w cmnixnraawYw arrer c n monrneavave.xrwNwaugrw+e.mrxwmA n.gr • e n a mcrnxneaazrx-nrrcewaYaRw �e.mnx�R.aw c c w mvmwanvYr-rwuxriNa•aR. x.w m.ucwx.m c n s mreeR•nmaux.wncrorimumn xwcmRomw a.m • n m�R•nix•¢..a +�wgr. 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MD CCM`F oEraL o .mil M/o ff0 Mc /Z - . er.oa m m.wro w u ram m.nm 1 YS�EIwW6wMa6u>m/W® YF R NIl1� YEN9N1GlCO1.MYXC w-trias RECEIVEf NORTHWEST WATER TREATMENT PLANT CIVIPI DETAILS ..r.p CONCENTRATE DISCHARGE PIPELINE s,ceC.-D-a2.« FEB 19 2020 DCM-MHD CITY EMI �M a 145f �d Mt6 V°[M �RM[YRR MflMIVMPM Wii"YR M WrPWY 4 M WRA WWi.1611Am LMMx Pfix M 4LV OF ME TM®EPMd Y W. T Eiu Ai 1. iCa YM M W P M i OOHS • iP -x v.G • 4R•. RvyFw » •MI1 A sssss.MYNM6 EssE xu-1 -1 llmAmS Fe A P E. m rvv vwn Muti"ms ll�n n a nn EI Fxf P M UMTCRMINC m� DETAIL A rr r ri J r- 0C 1M4i (M) nee aswme � oETNL Poe cws ai R1W3 W�wW�t --9Y fM C WSfuM M» !R caxcanE nlRusr eLocR DETAIL B , 110 CONCIn2 PPE CRMIE DETAIL C MIS DETNL idi IDeER KAIYAL eEws nee ssme oeniA PVR xaRaoerN. eons .. .. . o�0v�vv 00©00�0 0�0©00© 00®O�Ov 21 �i xax16 Pym[ cattw M�iGT e�jq.�41fIC°.RR. Ptt GSf N AM1Nn .imAnP P M •R M WmnnP [Od R Nrva rtX. f W. s � xIT•R. P M Mi Ri G6m a 101MPWRfM .Y.CtlOV6 wM C[ia A 9¢i Co-�. mIC1Y Ywl LON $IRENOM i1DNdE CONCRflE DIGRpE3R DETAIL D I � I L A El T '""" •-'�•rs r'0Pmn w°r z Imn-�°x wR P •^R^ omMmi"'m sM wM rssE mn� sssEE a Smrum. li-. P FIRE m9PwM INVf nON .. u» awoa ro .u°n M.RiMn m r.mm wa. DETAIL E Pc e»emvncxcolrmnc b-yam °R--i RECEI EDNORTN TWATERTREA7MENT PLANT CIVIL DETAILS= e ,, -- CONCENTRATE DISCHARGE PIPELINE C-D-S y= Rgr»aW FEB 19 2020 DCM-MHD CITY jge v pWI yam nm. n—mae�e . StN91UZED iENPORVtY CONSIPIICIN)N FNIPNILE D7ETAI� A R Ns6 rma mwa a ium wrx erer n �`� x ttrznnwn art`rt iw uaauu a. Caa`�i rwos��rzxc��w awr�9 ri�±l'M1.,n�esr'� _ Swum. � uTiewE a lot, t.�nrvem oars .wo w .rc>r u�v _Fq I� M2 rt aws iv m A a rrK was cr CCHt nam mA DETAIL D ve�ae 1°® °xi0 Wv. im"ie ry xx�� rs em.ar nwx aa.a cmwono..r wYle9 la�l� CNRI IANYIIVE Ix'y 1� !NC MN IIYa. 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RATE DISCHARGE PIPELINE AND DETAILS v FEB 19 2020 DCM-MHD CITY I(s I. •� W. 9Yi x l'.'.'.'.'.'.';.'. • i rwrVax fmn xnx P¢x ryz a L6' w P mYLI ELEVATION VIEW RECEI Zap CONCENTRATE FORCE MAIN mltM EDNORTNWEST WATER TREATMENT PLANT CONCENTRATE BANK ELEVATION VIEW FIGURE N0.7 CONCENTRATE DISCHARGE PIPELINE =EB 19 2020 DCM-MHD CITY ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAELS.REGAN Secretary BRAXTON C. DAVIS February 18, 2020 Director Mr. Jason Hales CDM Smith 5400 Glenwood Avenue, Suite 400 Raleigh, NC 27612 Dear Mr. Hales: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Brunswick County Public Utilities, for State approval for expansion and upgrade of The Northwest Water Treatment Plant facilities, located at 3954 Clearwell Drive NE Street Leland, NC, including the installation of a new 36 inch raw water pipeline inch force main and the installation of a new 18 inch pipeline to discharge into the Cape Fear River. It was received on February 11, 2020, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 26, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from February 11, 2020 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, aT ra MacPherson District Manager Enclosure cc: Greg Bodner, DCM USACE Robb Mairs, DWR Connie Marlowe, LPO John Nichols, Applicant � RECEIVED amFQ FEB 19 2020 North Carolina Department of Environmental Quality I Division of Coastal Management h/� Wllm6tgton Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 YILM-MHD CITY 0 NORTH CAROLINA En"Ir 11"110/ ¢hatGg February 19, 2020 Advertising@startiewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice in Brunswick County • Brunswick County Public Utilities ROY COOPER (;mnnrm MICHAEL S. REGAN &['relmy BRAXTON DAVIS l)inz I'm JNwvmr of ('nnslnl Afmmgearera Hello Angie: Please publish the attached Notice in the Sunday, February 23, 2020 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer. Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: MHC — Gregg Bodnar WIRO File USACE ncerely, Ta ya . Pietila Perin mg Support & Customer Assistance RECEIVED Slate of North Carolina I Lnvironmental Quality I Coastal Managcment FEB 19 2020 127 Cardinal IAive Lar, Wilmington, NC 29405 919 7967215 DCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On February 11, 2020, Brunswick County Public Utilities proposed to expand & upgrade the Northwest Water Treatment Plant facilities adding a low pressure reverse osmosis upgrade to the existing treatment process to remove perJluorinated compounds (GenX) & emerging contaminants found in raw water supply, with a new water discharge outfall on the Cape Fear River at 3954 Clearwell Dr. NE, adjacent to Cape Fear River, in Leland, Brunswick County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7266) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to March 15, 2020 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED FEB 18 2020 DCM-MHD CITY RECEIVE[) NOTI(M) FEB 19 2020 ®CAN-MHI) ci7y CAMA PERMIT APPLIED FOR PROJECT: rr eline at JVtA Ulearwell Qr. NE, adjacent to the Can Eear Myer Leland, Brunswick County. COMMENTS ACCEPTED THROUGH March 15, 2020 APPLICANT Brunswick County Public Utilities cio .John Nichols PA Sax 249 Bolivia, NC 28422 (910) 253-2657 Jason Ha/es (910) 52o-Za32 C047 Smith FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: KC i1 • a anagemen ROY COOPER Gnvemnr MICHAEL S. REGAN Secmmry BRAXTON DAVIS Dimclor. Doisum of (lwvlal Managemem February 19, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar6d)NCDENR.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Brunswick County Public Utilities Project Location: 3954 Cleanvell Drive NE adjacent to Cape Fear River, in Leland, New Hanover County Proposed Project: Proposal to expand and upgrade the Northwest Water Treatment Plant facilities, adding a low pressure reverse osmosis treatment to remove perfluorinated compounds (GenX) & emerging contaminants found in raw water supply, with a new water discharge outfall on the Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by March 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE 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. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ent., Wilmington, NC 28405 919 796 7215 RECEIVED FEB 19 2020 DCM-MHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Cape Fear/Hood Creek/Bay Branch Fee:$475 #1846410 CDAITS _ MHC cc Applicant: Brunswick County Public Utilities / c/o John Nichols Agent/Contractor.. CDM Smith /Jason Hales & Kelly Boone Project Site County: Brunswick Staff: Tare MacPherson District: Wilmington Project Name: NW Water Treatment Plant Expansion Rover File: Basin: Initial date of application submittal:494fi79- t on Date application 'received as complete' In the Field office Permit Authorizatin, SITE DESCRIPTIONIPERMIT INFORMATION Fill ORW: Yes NNo I PNA: es No Photos Taken: Yes No❑ Setback Required (riparian): LjYes ANO Critical Habitat: Yes LjNo of Sure 15 foot waiver obtained: Yea IbNo Hazard Notification Returned: ❑Yes ItNo SAV: Yes o Not Sure Shell Bottom: Yes No Not Temporary Impacts: Ples No Sure Sandbags: []Yes WNo Not Sure Did the land use I ssificalion come []No[]Yes❑No Mitigation Required (optional): from county LUPYes o V� Moratorium Conditions nwronmental Assessment Done: Length of Shoreline: Yes ❑No ❑NA 5Yes ❑No❑NA '1 0e'FT Shellfish Area Designation: Project Descripti n: (code) De.(veelopp—m-ennt Area: (code) Open -or- Closed Nw ,5 ex/lx SECONDARY WATER CLASSIFICATION trhoose MAX of AI EJ Future Water Supply (FWS) El Nutrient Sensitive Waters (NSW) wamp Waters (SW) LI High Quality Waters (HOW) Outstanding Resource Waters (OR" MjETLANDS IMPACTED a(404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicornia sp.) e ands) ❑ (CJ) Saw grass (Cladium jamalcense) (SA) Salt marsh cordgross (Spartina El (SY) Salt reed grass (Spartina aftemifiors) cynosurotdes) (DS) Salt or spike grass (Distichlls (SC) Bullrush or three square (Scirpus cm Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncua (SP) Salt/meadow grass (Spartina roemedanus) patens) APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 0 III(D) Priv. public or comm wl D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major Major Modification to a CAMA Major IV Any development Involving D&F of permit - $100 permit - $260 JPke than 1 acre - $475 ❑ Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commerciallno dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 11 DCM-MHD CITY Brunswick County Public Utilities Date: 02.10-20 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One C New Work Replace Malnt ❑ ❑ Y N " C New Work Reple O it 3LO t` Mart❑ El XN New Work Replace it Main[ ❑ ❑ Y N O New Work Maint ❑ Rapt ce ❑ Y CAN L) 3� ZD OT Ma t❑ ❑YcNN New Work Replace Melnt ❑ ❑ Y ❑ N New Work El Replace Malnt ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y [:IN Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One Includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact Im ads im act amount tempIm acts amount II /7ttem `� g l� Dredge El Fill El Both ❑ Other (� r Dredge ❑ Fill ABoth ❑ Other ❑ 0 Dredge ❑ F!16,,Both ❑ Other ❑ Dredge ❑ Fill 9Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED FEB 19 2020 0Cm-MHD CITY 919.733.2293 :: 1-880-4RCOAST :: �rww,nrisq;rgtalmpnagem4nt ngt revised: 10112106 Major Permit Fee Schedule Project Name: �gy�NSvtcit Cok�Ty pingUc IATUTItas ItIDR uE,TF Wih'cA ll County: �Rv�ASwr�IC Check No & Amount: It 47 5 , 00 419464 Development Type Fee DCM % DWQ % (14300160143510009316256263) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($O) excavation of any wetlands or open water areas: 11. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercal development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4176 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: II I(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: MID), If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the Ellin and/or excavation of more than one $475 60% ($285) 40% ($190) of wetlands and/or open water ar s: RECEIVED FFR 19 2020 DOM-MID CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 2/17/2020 CDM Smith Brunswick County Bank of 1846410 $475.00 major fee, 3954 Clearwell Dr NE, Tmac rct. Public Utilities America Leland BrCo SPLIT 60/40 9754 ECEIVED r EB 19 ZOZO cm-6AHD CITY DCM Coordinator Gregg Bodnar County: Permit #: t '/ WIRO E-MAIL DISTRIBUTION SHEET 1 1_ - Circle one:G-t�' / Permit for: V3yVMtiyV( M W Vi Ali& WW (T W S Oversize Pla DCM Offices: W p�N Morehead City PT (if oversize) via Courier 'cc Gregg & Amanda on group email w/ bio.narr.app drawings, deed, comment sheet 'MHC documents (Gregg & Amanda _ Wilmington Original hard -copy ONLY USACE & DWR (wim): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: r (Pender & Carteret Cc): PN, CL, Reports, Split Sheet _ (until territories are decided)robb gtonNCREG@usace.army.mil (NH / BR): PN, CL, Reports, Split Sheet Div of Water Resources: airs -401 (ON/PN/BR/NH) PN, CL, Reports, Split Sheet _ Div of Water Resources: �Xheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: Xnne Deaton (temporary) w/Reports DCM PlannerlWiRO: /Ike Christenbury _ Cultural Resources: /Eenee Gledhill -Earley EnvironmentaLReviewt7a ncdenroov Natural Heritage Prog. Vodney Buller DCA-Rural Eco. Dev: vidark Ziegler _ NC DOT: /avid Harris _ Wildlife Resources: vMMaria Dunn w/Reports State Property Office: 'fjrfS Walton. DEED _ Moser _ Hilliard, Real Property Agent (Bio Reports only) _ /anda Shellfish Sanitation: VJef--my Humphrey (Bio) /Sq&aaoaJaMc"(Pt) _ aron Gupton, Admin DEMLR: `00'K ine Hall - Stormwater Section _ ban Sams - Land Quality Section Public Water Supply: V' eidi Cox City of Wilmington: J/ �G Enforcement: `� Fi Id Rep: Yd a�' • �" • t Co. LPO V Vll(/0.V1 Agent: DISTRIBUTED. RECEIVED FEB 19 2020 DCM-MHD CITY Updated 11W0 CAMA/Shaun majors docs/e'Agency List Form DCM ll EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 20 Width 30 Avg. Existing NA NA 10 Depth Final Project NA NA 10 Depth 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Sand, sift and clay river sediment. 15 c. (1) Does the area to be excavated Include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CWj, submerged aquatic vegetation (SAV), shell bottom (SB), 32 or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW OSAV ❑SB ❑WL ®None (6) Describe the purpose of the excavation In these areas: Installation of discharge pipe and protective structure. 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not swwcab/e a. Location of disposal area. b. Dimensions of disposal area. Temporary storage on barge and adjacent uplands onsite 50' x 50' within the construction easement. Upland disposal area will be located within the limits of disturbance shown on (sheet C-CP-27, Plan set 2 of 2). c. (I) Do you claim fille to disposal area? d. 0) Will a dispposal area be available for future maintenance? []Yes [:]No ®NA ❑Yes IJNo RNA (it) If no, attach a letter granting permission from the owner. (II) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. 0) Does the disposal include any area in the waters (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ®No ❑ NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. () rr If yes, how much water area Is affected? ❑CW ❑SAV ❑SB _ RECEIVED OWL ®None (1) Describe the purpose of dlapdsal in these areas: RECEIVED JEB 1 1 2020 252•808.2804 :: 1-808-4RCOAST :: www.ncronatn(mnnagemfW14 9 2020 )ei vftwNW; 11212W01i yn I DCM-MHD CITY Form DGM MI'-2 (Excavation and Fill, Palle 2 of 3) Temporary storage. Materials to be placed back into Cape Fear River at excavation location. 3. SHORELINE STABILIZATION ❑Thiasection not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: 3Q ❑Bu&heed ORiprap ❑Breakwater/SIII ®Other: VWdth: N Maccaferri Terrameoh System with Green Face (Gabion Wall) c. Average distance waterward of NHW or NWL: 3 d. Maximum disbnce watenward of NHW or N WL: 10 e. Type of stabilization material: Maccafeen Terramesh System with Green Face (Gabion Wall) stave and near NHW. Rip rap near and below NHW. g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ _ Riprap ____ Breakwater/Sill Other 1DO 1. Source of fill material. Quarry f. (I) Has there been shoreline erosion during preceding 12 months? ❑Yes ONO ❑NA (If) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Gabion Wall. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (1) VNII fill material be brought to the site? ®Yes ONO ❑NA b. M Will fill material be placed In coastal wedandsimareh (CW), If yes submerged aquatic vegetation (SAV), shell bottom ($B), or (11) Amount of materiel to be placed in the water 10 number of square feet affected. cubic other wetlands (WL)? If any boxes are checked, provide the YXIIII (III) Dimensions of fill area 27 x 30' 1/0,( 30 ❑❑❑sB (tv) Purpose of fill ❑WL ®NNonon e Outfall structure protection.Crushed stone and Class B rip (1) Describe the purpose of the fill in these areas: rap. 5. GENERAL a. How will excavated or fill materiel be kept on site and smslon b. controlled? A cofferdam will be constructed to isolate the work area in the river. Excavated material will stored on barges or the adjacent uplands onsite. Standard sediment erosion control procedures will be used. G. (i) Wit navigational aids be required as a result of the project? d. ®Yes ONO ❑NA (it) If yes, explain what type and how they will be implemented. Possibly. If required by Coast Guard Sector North Carolina. RECEIVED FEB 11 2020 252-8e11-2808 :: 1-88114IWOAST :: What type of construction equipment will be used (e.g., dral backhoe, or hydraulic dredge)? A detailed construction outline describing the materials and methods for the Cape Fear River outfall is attached. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ONO ❑NA (ip If yes, explain steps that will be taken to avoid or minimize environmental impacts. 0,11 work al the WTP will be constructed in upland areas, stream and wetland crossings are necessary for the raw water main and discharge pipeline. The pipeline was designed to follow road cf-waysto minimize Impacts to streams and wetlands, ntal directional drilling will be used to avoid Impacts to Hoo 12 7ranfi FEB 19 2020 nr tu_luiun (_ITV {=oPtn DGM MP-2 (Excavationand nd hill, Pago 3 of 3) =0 streams and wetlands where practical. Erosion and sedimentation control measures will be used throughout the project to prevent sediment from reaching downstream waters and wetlands. Mat will be used in areas of planned temporary impacts. Northwest Water Treatment Plant Expansion and Upgrades and Concentrate Discharge Pipeline Project Name Jason Holes Applicant RECEIVEL FEB 19 2020 DCM-MHD CITY 7 S'L-I;Oa-26a6 :: 1-tlaa-An COAST :: www.ncogastalmanagement.net RECEIVED FEB 11 2020 DCM WILMINGTON, NC revised: '12/2e/06 vvv.- nu •r v.. . Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking facility/marina: ❑Commercial ❑PubllctGovernmenl ❑Private/Community ®This section not applicable b. (i) Wit the Facility be open to the general public? ❑Yes ❑No c. (1) Dock(s) and/or pler(s) d. (1) Are Finger Piers Included? ❑Yes ❑No (It) Number If yes: (iii) Length (ii) Number (iv) Width (iii) Length _ (v) Floating ❑Yes El No (iv) Width _ (v) Floating []Yes ❑No e. (i) Are Plalforms included? []Yes []No f. (1) Are Boatliftsincluded7 ❑Yes ❑No If yea: If yes: (II) Number , (II) Number (ill) Length (III) Length IN) Wdth (iv) Width (v) Floating []Yes ❑No Note: Roofed areas ere calculated from ddpllne dimensions. g. (i) Number of slips proposed h, Check all the types of services to be provided. ❑ Full service, including travel IIR and/or rail, repair or Ill) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat temple); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of sting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel El Open water; no dredging required ❑Other; please describe: k. TyplcaI boat length: I. (I) Wdl the facili be open to the general public? ❑Yee RNo RECEIVED m. (I) Will the fahave Ile pilings? RECEIVED ❑Yes []NoNo No (it) If yes number of tie pilings? FEB 11 2020 FEB 19 2020 aen.Paeb:: 1-8811-411COASI :: WWW. OCM WILMINGTON, NC .not 4M.,' revised: 12/27/06 Form IDC:M MN-4 (Structures, Page. T. of 4) Z DOCKING FACILITY/MARINA OPERATIONS I& This section net eppiceWe a. Check each of the following sanitary facilities that will be Included In the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for sit sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of'No Sewage Discharge' signs proposed. (i) Give the location and number of'Pumpout Available' slgne proposed. L Describe the special design, if applicable, for oontalning Industrial type pollutants, such as point, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake' signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin gushing? i. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? FFB 112D20 []Yes ❑No RECEIVEDDCM WILMINGTON, NC 7..52.808.21108 :: 9-11811AHGOAS'f 2 '17 05 FEB 19 2020 �`/// DCM-MHD CITY i4lo Fortin Ill MP-4 (Stnrctnres, page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o, Is the marinaldoeking facility proposed within or adjacent to coastal wetlande/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number ofsquare feet affected. ❑CW _ ❑SAV ❑SB ❑WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) ZThis section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Pubic/Governmerd ❑PrNete/Community, (ii) Number (iii) Length (iv) Width Note: Rooted areas are calculated from ddplins dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z Excavation and Fill.) ®This section not applicable e. (1) Number (it) Length _ (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ® This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not appAcable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Communlly c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, If present. b. Number d. Description of buoy (color, Inscription, size, anchor, etc.) e. Arcoftheswing _ DECEIVED RECEIVED 7. GENERAL FEB 19 2020 FFB 1 1 2020 ;, DCM-MHD CITY DCM WILMINGTON, NC � Z.'i'l. aUfl-2ltca :: 1-8811-4111GOAST :; wwwdrecn:rstalmanatlemmlt.uet rovised: Form DCM MP-4 (Strtrctrrrn , (ratio 4 of,3) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 15, N/A Note: For buoy or moodng piNng, use arc of swing inducing length of vessel. c. Width of water body —250' e. (I) Will navigational aids be required as a result of the project? ®Yes []No ❑NA (II) If yes, explain what type and how they will be implemented. Possibly. If requried by Coast Guard Sector North Carolina. d. Water depth atwaterward end of structure at NLW or NWL 20' ZS f 8. OTHER ❑This section not applicable a. Give complete description: The project includes the installation of an 18-inch diameter outfall pipe with protection below NHW line the Cape Fear River. The outfall pipe will be reduced to 8Inches In diameter at the end prior to discharge. Construction will include upland excavation and bank stabilization, horizontal directional drilling (HDD) an ter excavation using a cotferdam.The dimensions of the outfall protection area is approximately 30' wide by�ohe portion above NHW is approximately 30' wide by 30' long. The portion below NHW is approximately 30' wide by ppgp. The portion below NHW will include rip rap and a cast in place concrete frame at the end of the outfall pipe (Sheet S- e'rid S-2, Plan set 2 of 2).The frame is approximately 0' wide by 13' long by T tall. Approximately39dt`eet of temporary sheet pile will be used for the outfall installation. A site plan and a detailed construction outline describing the materials and methods for the proposed outfall and HDD is attached. lr zo /2 Date A�l/ Northwest Water Treatment and Expansion Project Project Name Jason Hales Applica ame r '9 27{ pl ASignature RECEIVED FEB 19 2020 DCM-MHD CITY U v RECEIVED FFB 1 ) DCM WIi MIN 252-a06-2a0a a t-96a-dRCOASr :: www.nceoasta)ma».af(myoat.0et rvvir.ed: 92 ..7100 NWTP Wetland and Stream Crossings and Impacts Summary Crossing Crossing Crossing Feature Impact Impact Impact Area Impact Length Depth g Label Label Description Impact Type square feet Length under under Stream Feature linear feet feature feature linear feet feet PSS Sl bank stabilization Permanent 30 Cape Fear River P51 OHW1 install outfall Permanent �ZW 600 Cape Fear River PSl OHW2 staging pipe in river Temporary 2180 Cape Fear River 1 Wl HDD 45 -20 151 HDD 10 -20 UT to Cape Fear River W2 HDD 650 -30 W2 W2 HDD staging and access Temporary 5020 2 W2 HDD 300 -15 IS2 HDD 10 -15UTtoHoo Cree 3 W4 HDD 100 -15 PS2 HDD 10 -15 Bay Branc 4 W8 W8 surface installation Permanent 5340 900 -3 5 W12 W12 surface installation Permanent 3040 3 6 W13 W13 surface installation Permanent 730 120 7 W22 IW22 surface installation Temporary 1085 50 -3 IS4 IS2 Isurface installation Temporary 250 25 30 3 UT to Hood Creek 8 W24 W24 I surface installation Temporary 356 1 20 -3 155 S3 surface installation Temporary 250 2SI 10 -3 UT to Hood Creek RECEIVED FEB 19 2020 DCM-MHWITV vo` �. Impact Totals Total Temporary Wetland Impacts Total Permanent Wetland Impacts Total Temporary Stream Impacts Total Permanent Stream Impacts Total Temporary OHW Impacts Total Permanent OHW Impacts square feet linear feet acres 6461 0.148 9110 0.209 500 50 0.011 30 Z/do —600-� D.err 'C 6-0 �189' 0.050 O 2g i7r� RECEIVED DCM WILMINGTON, NC FEB 13 2020