48-22 CFPUA

Permit Class Permit Number
NEW 48-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

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 Cape Fear Public Utility Authority, 235 Government Center Drive, Wilmington, NC 28403
Authorizing development in New Hanover County at btw Toomers Creek and N. Terminal Rd,
adjacent to railroad & NE Cape Fear River, Wilmington, as requested in the permittee’s app. dated 5/27/21
(MP-1 & MP-2) and 9/13/21 (MP-4), incl. work plan drawings (5) Sheets 1-5 of 5 all dated 9/3/21.
This permit, issued on May 6, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

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, 2025

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 DE Q and the Chair
of the Coastal Resources Commission.

For Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Raw Water Transmission Main (RWTM)

1) Unless specifically altered herein, this permit authorizes only the replacement of approximately 8200
linear feet of twin 24” RWTM’s with a single 30” RWTM, all as expressly and specifically set forth
in the attached permit application and workplan drawings. Any additional land disturbing activities
and/or construction may require a modification of this permit. Contact a Division of Coastal
Management representative at [phone] for this determination.

2) The proposed 30” RWTM shall be constructed in accordance with the alignment depicted on the
attached workplan drawings.

(See attached sheets for Additional Conditions)

Cape Fear Public Utility Authority Permit No. 48-22
Page 2 of 3
ADDITIONAL CONDITIONS

3) All debris associated with this development must be contained within the authorized project area. The
permittee shall be responsible for the immediate removal of any displaced debris, trash, or litter
associated with the project site.

4) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.

5) In order to ensure compliance with the conditions of this Permit, and in order to ensure that each
proposed construction event follows the authorized alignment as depicted in the attached workplan
drawings, the permittee and his contractor shall schedule a pre-construction conference with the
Division of Coastal Management, the U.S. Army Corps of Engineers, the N.C. Wildlife Resources
Commission, and N.C. Division of Water Resources prior to the initiation of any dredging or
mobilization activities. In order to facilitate these discussions, a complete set of project plans shall be
provided to all listed agencies at the time of each request for a pre-construction conference.

6) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development in the above referenced easement, including the proposed temporary
access road and two staging areas, all as expressly and specifically set forth in the attached permit
application and workplan drawings.

USACE Conditions

7) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District,
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any
special conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.

Sedimentation and Erosion Control

8) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

9) 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.

General

10) No work shall take place on any property until such time as the permittee has obtained proper legal
authority (i.e. deeds, easements, right of way encroachment agreements, etc.) for said property.

11) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction bridge mats shall be utilized for the areas to be crossed. The temporary mats shall be
removed immediately upon completion of construction and all land above mean high water shall be
regraded to preconstruction conditions at the conclusion of construction activities.

Cape Fear Public Utility Authority Permit No. 48-22
Page 3 of 3

12) 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.

13) In order to compensate for impacts associated with this permit, any additional restoration or mitigation
required by the U.S. Army Corps of Engineers shall be completed in accordance with the provisions
outlined within the USACE’s authorization.

ADDITIONAL CONDITIONS

14) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, 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 [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

15) 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.

16) Any alteration of, or addition to the approved RWTM route that involves any Area of Environmental
Concern shall require additional authorization from the Division of Coastal Management. Contact a
representative of the Division at [phone] prior to the commencement of any such activity for this
determination.

17) 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, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4675 and assigned the project DWR Project No. 20220029.

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 may be required. Public Water Supply can be contacted at (910)
796-7215 or [phone].

NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at [phone] 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 mean high-water level.

NOTE: An application processing fee of $400 was received by DCM for this project.