20211290 Ver 1_Approval Letter_20220110 (2)

DocuSign Envelope ID: DCE14F2E-1 DFB-49C7-AB95-CA3D4E8E39Es
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
January 10, 2022
DWR # 20211290
New Hanover County
Willard Family Farm, LLC
Attn: W. Martin Willard
7727 Masonboro Sound Road
Wilmington, NC 28409
Subject: Approval of Individual 401 Water Quality Certification
Crown Point Canal Maintenance
USACE Action ID. No. SAW-2017-02553
Dear Mr. Willard:
Attached hereto is a copy of Certification No. WQC004601 issued to W. Martin Willard and Willard
Family Farm ,LLC, dated January 10, 2022. 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
this Water Quality 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 Certification and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project, including
those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply
Watershed, and Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege
in any lands or waters, or any right of use in any waters. This Water Quality Certification does not
authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any
other person and does not create any prescriptive right or any right of priority regarding any usage
of water. This Water Quality Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Water Quality Certification to possess any
prescriptive or other right of priority with respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the
corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project,
regardless of the expiration date of this Water Quality Certification.
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORrH cnnauru �
Pw rh ent01�W_ ­iwand 910.796.7215

DocuSign Envelope ID: DCE14F2E-1 DFB-49C7-AB95-CA3D4E8E39E5
Willard Family Farm, LLC
DWR#20211290/WQC004601
Page 2 of 7
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must
notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or
holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the
non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition
are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at htt12://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-
3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Holley Snider at 910-796-7303 or hollev.sniderPncdenr.gov if you have
any questions or concerns.
Sincerely,11q,
DocuSigned by:
S1y.d� ICE.&3ABA14AC7DC434...
Morella Sanchez -King
Regional Supervisor
Water Quality Regional Operations Section
cc: Adam Knierim, Maritech, LLC (via email)
Greg Currey, USACE Wilmington Regulatory Field Office (via email)

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Willard Family Farm, LLC
DWR#20211290/WQC004601
Page 3 of 7
Todd Bowers, EPA, (via email)
EPA Region 4 ( [e-mail] )
DWR 401 & Buffer Permitting Branch Electronic file

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Willard Family Farm, LLC
DWR#20211290/WQC004601
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NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004601 is issued in conformity with the requirements of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500 and 15A NCAC 0213.0200, to W. Martin Willard and Willard Family Farm, LLC, who have
authorization for the impacts listed below, as described within your application received by the N.C.
Division of Water Resources (Division) on August 30, 2021, subsequent information received on
October 14, 2021 and November 12, 2021, and by Public Notice issued by the Division of Coastal
Management on September 3, 2021.
The State of North Carolina certifies that this activity will comply with water quality requirements
and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL
95-217 if conducted in accordance with the application, the supporting documentation, and
conditions hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units) Permanent
Amount Approved (units)
Temporary
404 401 Wetlands
Crown Point Canal
0.001 acres
N/A
Open Waters
Crown Point Canal
0.48 acres
N/A
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the Certification.
Any modifications to the project require notification to DWR and may require an application
submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
2. All bulkhead backfill material shall be obtained from a high ground source and confined landward
of the permitted bulkhead. [15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .0506 (b)(1)-
(3)]
3. All bulkhead backfill will consist of clean, earthen material free of any pollutants except in trace
quantities. Metal products, organic materials, rock, concrete, bricks, or other non -earthen
debris shall not be used. [15A NCAC 02H .0506-(b)(1)-(3)]
4. Concrete construction materials used for bulkhead components, such as deadman anchors, tie-
back systems and concrete caps, shall be managed in a manner that prevents contact with
waters of the State. A dry work area shall be maintained to prevent direct contact between
curing concrete and adjacent surface water. Water that inadvertently contacts uncured
concrete shall not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills. Any water that contacts uncured concrete shall be captured,
treated, and disposed of properly. [15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B
.0200, 15A NCAC 02B .0231]

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Willard Family Farm, LLC
DWR#20211290/WQC004601
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5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the impacts (including temporary impacts) as authorized in the written approval from DWR;
or beyond the thresholds established for use of this Certification without written authorization.
[15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as
listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
6. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances. [15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)]
7. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971. [15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c), 15A
NCACO2B .0200, 15A NCAC 02B .0231]
8. Sediment and erosion control measures shall not be installed in wetland or waters except
within the footprint of temporary or permanent impacts otherwise authorized by this
Certification. If placed within authorized impact areas, then placement of such measures shall
not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or
streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the
natural grade restored within two (2) months of the date that DEMLR or locally delegated
program has released the specific area within the project to ensure wetland standards are
maintained upon completion of the project. [15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);
15A NCAC 02B .0200, 15A NCAC 02B .0231]
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. [15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)]

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Willard Family Farm, LLC
DWR#20211290/WQC004601
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10. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required. [15A NCAC
02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231]
11. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters. [15A 02H.0506(b); 15A
NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B.0231]
12. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H.0506(b);
15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B .0231]
13. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction. [15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c),
15A NCAC 02B .0231]
14. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill
less than 25 gallons that cannot be cleaned up within 24 hours. (15A NCAC 02H.0507(c); N.C.G.S
143-215.85(b)]
15. The permittee 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. [15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)]
16. The permittee shall require its contractors and/or agents to comply with the terms and
conditions 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 with a copy of this Water Quality Certification. A copy of this Water Quality Certification
shall be available at the project site during the construction and maintenance of this project.
[15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)]
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. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCAC 02H .0507(c)]
This, the 10th day of January 2022
L
DocuSigned by:
auna Sra de3, k-'4�&
E3ABA14AC7DC434...

Willard Family Farm, LLC
DocuSign Envelope ID: DCE14F2E-1 DFB-49C7-AB95-CA3D4E8E39E5 DWR#20211290/WQC004601
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Morella Sanchez -King
Regional Supervisor
Water Quality Regional Operations Section