20061581 Ver 2_Approval Letter_20070509

~OF WaTF9Q Michael F. Easley, Governor
`0 G William G. Ross Jr., Secretary
Cq tom..- North Carolina Department of Environment and Natural Resources
=i
p ,~. Alan W. Klimek, P.E. Director
Division of Water Quality
May 9, 2007
Mr. Gregory Thompson
New Hanover County Engineering Department
230 Market Place Drive, Suite 16
Wilmington, NC 28403
Re: New Hanover County Well Field and Water Treatment Plant, New Hanover County
DWQ #061581; USACE Action ID. No. SAW-2003-1188-065
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Thompson:
Attached hereto is a copy of Certification No. 3660 issued to Gregory Thompson and New Hanover
County Engineering Department, dated May 9, 2007. In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Solid Waste,
Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed
regulations.
If we can be of further assistance, do not hesitate to contact us.
AWK/cbk/ijm
Sinc ely,
Alan W. Klimek, P.E.
Attachments: Certificate of Completion
NCDWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
cc: Kim Williams, Land Management Group, Inc., P.O. Box 3522, Wilmington, NC 28402
Jennifer Frye, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
Becky Fox, U.S. EPA
Joanne Steenhuis, DWQ Wilmington Regional Office
Beth Wetherill, New Hanover County Engineering
File Copy
Central Files
Filename: 061581NewHanoverCountyWellFieldWaterTxPlant(NewHanover)401_IC
N~o e~'Carolina
4010versight/Express Review Permits Unit d vu~uCQ~~I~
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]IFAX919-733-689311ntemet: http//h2o.enr.state.nc.us/ncwetlands
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New Hanover County Engineering Department
Page 2 of 5
May 9, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Gregory Thompson and New Hanover County Engineering
Department to permanently impact or fill 1.937 acres of 404/wetland and 1.108 acres of Waters (ditches),
and temporarily impact or fi110.55 acres of 404/wetland, 0.064 acres of coastal wetland, and 0.18 acres of
open water, in the Cape Fear River Basin, associated with the construction of the proposed wastewater
treatment plant, well field and outfall pipe, located in the northeast corner of New Hanover County,
pursuant to an application filed on the 28th day of July of 2006, and Public Notice issued November 8,
2006, and received November 8, 2006, and by all additional information received on November 13, 2006,
February 12, 2007, and March 19, 2007.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 1 SA NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount A roved Units Plan Location or Reference
404/CAMA Wetlands 1.937 acres - ermanent A lication and PN
404/CAMA Wetlands 0.55 acres - tem or A lication and PN
Coastal Wetland 0.064 acres - tem or A lication and PN
Waters 1.108 acres - ermanent A lication and PN
O en Waters 0.18 acres - tem or A lication and PN
Sediment and Erosion Control
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:

New Hanover County Engineering Department
Page 3 of 5
May 9, 2007
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project.
Miti ag tion:
5. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) and Onsite Restoration
and Preservation
Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you wish to make a payment to the Wetlands Restoration Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR -Ecosystem Enhancement Program Office),
no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at
[phone] if you have any questions concerning payment into a restoration fund. You have 60
days from the date of this, approval to make this payment. Additionally, you have agreed to preserve
all remaining wetlands within the well field lots (reportedly approximately 25 acres) through
placement of a permanent easement on these remaining wetlands within the well field lots as
described in your Conservation Declaration received by the DWQ on March 19, 2007. These
aforementioned methods have been determined by the DWQ to be a suitable means to meet the
mitigation requirement. For accounting purposes, this Authorization Certificate authorizes
payment into the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
Compensatory Mitigation
Re aired River and Sub-basin
Number
404/Wetland 1.937 acres Ca e Fear/03030001

New Hanover County Engineering Department
Page 4 of 5
May 9, 2007
Written Stormwater Management Plan (No Further Approval Needed
6. Written Stormwater Management Plan (No Further Approval Needed)
The final, written stormwater management plans (Permit No. SW8 940512MOD) dated May 2,
2007, must be implemented and the stormwater management facilities shall be constructed and
operational before any permanent building is occupied at the subject site. The structural
stormwater practices as approved by this Office as well as drainage patterns must be maintained
in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
Where a State Stormwater Permit (in accordance with 15 A NCAC 2H .1000) is required, this
permit may be considered to meet this condition.
7. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http: //h2o. enr. state. nc. us/su/Forms Documents. htm.
Continuing Compliance
8. Gregory Thompson and New Hanover County Engineering Department shall conduct
construction activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and any
other appropriate requirements of State law and federal law. If the Division determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved use)
or that State or federal law is being violated, or that further conditions are necessary to assure
compliance, the Division may reevaluate and modify this Certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15A
NCAC 2H.0507(d). Before modifying the Certification, the. Division shall notify Gregory .
Thompson and New Hanover County Engineering Department and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised
conditions shall be provided to Gregory Thompson and New Hanover County Engineering
Department in writing, shall be provided to the United States Army Corps of Engineers for
reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also
become conditions of the 404 Permit for the project;
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the

New Hanover County Engineering Department
Page 5 of 5
May 9, 2007
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 9`'' day of Ma 2007
DNISION OF A QUALITY
Alan W. Klimek, P.E.
AWK/cbk/ijm
3660

O~O~ W A ~~9pG
~ ~ i~ ~
Q `~ 'C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Gregory Thompson and New Hanover County Engineering Department
to permanently impact or fill 1.937 acres of 404/wetland and 1.108 acres of Waters (ditches), and temporarily
impact or fi110.55 acres of 404/wetland, 0.064 acres of coastal wetland, and 0.18 acres of open water, in the Cape
Fear River Basin, associated with the construction of the proposed wastewater treatment plant, well field and
outfall pipe, located in the northeast corner of New Hanover County, North Carolina. All activities associated with
these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter.
THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20061581
LOCATION: New Hanover County
COUNTY New Hanover
BASIN/ SUB BASIN Cape Fear/03030001
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigatee impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti ation
1.937 Acres of 404/Wetland 1.937 Acres of 404/Wetland
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 061581 NewHanoverCounty We1lField WaterTxPlant(NewHanover~01_IC_EEP
N..,Q~,Qe~~Carolina
401 Oversight/Express Review Permitting Unit r/Vl[tllCll~e'Z,J
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
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