20200154 Ver 1_DCM Permit_20200402

Permit Class
NEW
Permit Number
38-20
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
rrmit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-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 adj. 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 att workplan drawings (64), as referenced n Condition No.1 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
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (64):
a. G-GN-1 (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-1 all dated
10/19,
c. G-GN-1 (Sheet 1 of 44) dated 10/9/19,
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, 5-1,2 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.
zlllldw�
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
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 1 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 completion 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, 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.

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 public of 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 permittee 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:
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
21) 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
22) 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. 2020-0154.
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.
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 [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 normal high water level.
NOTE: An application processing fee of $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.