20200154 Ver 1_Approval Letter_20200319

DocuSign Envelope ID: 852075E6-6992-4E 1 1-8BA8-8D7E74506A6F
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 19, 2020
DWR Project # 2020-0154
Brunswick County
Brunswick County Public Utilities
Attn: John Nichols
P.O.Box249
Bolivia, NC 28422-0249
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://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits.
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.
D �� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NCRTH CARO�INh �
D.mrt 1 0 W—tal Qwoq 910.796.7215

DocuSign Envelope ID: 852075E6-6992-4E 1 1-8BA8-8D7E74506A6F
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 .05021.
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)]
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.
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 project shall remain in effect
for the life of the project, regardless of the expiration of this Certification.

DocuSign Envelope ID: 852075E6-6992-4E 1 1-8BA8-8D7E74506A6F
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. Continuina Compliance:
The applicantlpermitee 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,
or that 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 [phone] (after hours and on
weekends call 800-858-0368) any noncompliance with this certification, any violation of stream or wetland standards
[15A 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. [15A 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-Completion).
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.

DocuSign Envelope ID: 852075E6-6992-4E 1 1-8BA8-8D7E74506A6F
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 http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] 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 [phone], provided the original and one copy of the petition along with
any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission.
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. Mai rs(�ncdenr.gov.
Sincerely,
EDocuSigned by:
Toµ ')NA-M cOA,
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
DWR 401 & Buffer Permitting Branch file-LF
WiRO