20120083 Ver 5_Approval Letter_20240730

Docusign Envelope ID: FCFFB421-FD25-443D-80CA-35C80D8DBA63
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 30, 2024
DWR # 20120083
Brunswick County
Lower Cape Fear Water and Sewer Authority
Attn: Tim Holloman
107 New Pointe Blvd, Suite 17
Leland, North Carolina 28541
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Kings Bluff Raw Water Main; Phase 2B
USACE Action ID. No. SAW-2023-02408
Dear Mr. Holloman,
Attached hereto is a copy of Certification No. WQC007049 issued to Tim Holloman and Lower Cape Fear
Water and Sewer Authority, dated July 30, 2024. 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
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NORTH flat NA
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North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406
910.796.7215

Docusign Envelope ID: FCFFB421-FD25-443D-80CA-35C80D8DBA63
Kings Bluff Raw Water Main; Phase 2b
DWR# 20120083
Individual Certification #WQC007049
Page 2 of 10
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.
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
http://www.ncoah.comj or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
NORTH CAROLINAD E
ffaperhrentof Emironmente 14uaI\
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 281105-5406
910.796.7215

Docusign Envelope ID: FCFFB421-FD25-443D-80CA-35C80D8DBA63
Kings Bluff Raw Water Main; Phase 2b
DWR# 20120083
Individual Certification #WQC007049
Page 3 of 10
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Jordan Cocanower at 910-796-7215 or [e-mail] if you have
any questions or concerns.
Electronic cc:
Sincerely,
p—DocuSigned by:
6445 l,la. J a latilj
E3ABA14AC7DC434...
Morella Sanchez -King
Regional Office Operations Supervisor
Division of Water Resources
Kim Williams, Davey Resource Group
Greg Currey, USACE Wilmington Regulatory Field Office
Maria Dunn, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
tAi)
Filename: 20120083_LCFWASA_Kings Bluff Raw Water Main Phase 2b_BrunsCo_July30.docx
NORTH CAROLINAD E
ffaperhrentof Emironmente 14uaI\
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 281105-5406
910.796.7215

Docusign Envelope ID: FCFFB421-FD25-443D-80CA-35C80D8DBA63
Kings Bluff Raw Water Main; Phase 2b
DWR# 20120083
Individual Certification #WQC007049
Page 4 of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC007049 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 02B .0200, to Tim Holloman and the Lower Cape Fear Water and Sewage Authotity, who
have authorization for the impacts listed below, as described within your application received by the N.C.
Division of Water Resources (Division) on June 28th, 2024, and by Public Notice issued by the Division of
Water Resources on June 28th, 2024, and within the Reasonable Period of Time pursuant to 40 CFR Part
121.6.
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
Permanent
Amount Approved
Temporary
Mitigation Amount
Required
Perennial Streams
S2 — Utility Line
Installation
N/A
78 linear feet
N/A
Totals:
N/A
78 linear feet
N/A
Intermittent Streams
S1— Utility Line
Installation
N/A
100 linear feet
N/A
S3 — Utility Line
Installation
N/A
40 linear feet
N/A
S4 — Utility Line
Installation
N/A
56 linear feet
N/A
S5 — Utility Line
Installation
N/A
40 linear feet
N/A
S6 — Utility Line
Installation
N/A
40 linear feet
N/A
Totals:
N/A
276 linear feet
N/A
Non -Riparian Wetlands
W1 — Utility Line
Installation
N/A
0.11 acres
N/A
W2 — Utility Line
Installation
N/A
0.31 acres
N/A
W3 — Utility Line
Installation
N/A
0.07 acres
N/A
NORTH CAROLINAD E
ffaperhrentof Emironmente 14uaI\
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 281105-5406
910.796.7215

Docusign Envelope ID: FCFFB421-FD25-443D-80CA-35C80D8DBA63
Kings Bluff Raw Water Main; Phase 2b
DWR# 20120083
Individual Certification #WQC007049
Page 5 of 10
W4 — Utility Line
Installation
N/A
0.02 acres
N/A
W5 — Utility Line
Installation
N/A
0.05 acres
N/A
W6 — Utility Line
Installation
N/A
0.01 acres
N/A
W7 — Utility Line
Installation
N/A
0.06 acres
N/A
W8 — Utility Line
Installation
N/A
0.01 acres
N/A
W9 — Utility Line
Installation
N/A
2.54 acres
N/A
W10 — Utility Line
Installation
N/A
1.30 acres
N/A
W11 — Utility Line
Installation
N/A
0.34 acres
N/A
W12 — Utility Line
Installation
N/A
0.16 acres
N/A
W13 — Utility Line
Installation
N/A
0.20 acres
N/A
W14 — Utility Line
Installation
N/A
0.02 acres
N/A
Totals:
N/A
5.2 acres
N/A
Open Waters
OW1 — Utility Line
Installation
N/A
0.01 acres
N/A
OW2 — Utility Line
Installation
N/A
0.03 acres
N/A
OW3 — Utility Line
Installation
N/A
0.01 acres
N/A
OW4 — Utility Line
Installation
N/A
0.24 acres
N/A
OW5 — Utility Line
Installation
N/A
0.14 acres
N/A
OW6 — Utility Line
Installation
N/A
0.04 acres
N/A
OW7 — Utility Line
Installation
N/A
0.01 acres
N/A
OW8 — Utility Line
Installation
N/A
0.01 acres
N/A
OW9 — Utility Line
Installation
N/A
0.04 acres
N/A
OW10/11 — Utility
Line Installation
N/A
0.01 acres
N/A
NORTH CAROLINAD E
ffaperhrentof Emironmente 14uaI\
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 281105-5406
910.796.7215

Docusign Envelope ID: FCFFB421-FD25-443D-80CA-35C80D8DBA63
Kings Bluff Raw Water Main; Phase 2b
DWR# 20120083
Individual Certification #WQC007049
Page 6 of 10
OW12 — Utility Line
Installation
N/A
0.01 acres
N/A
OW13 — Utility Line
Installation
N/A
0.20 acres
N/A
Totals:
N/A
0.75 acres
N/A
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Any utility construction corridor that is parallel to a stream or open water shall not be closer
than 10 feet to the top of bank or ordinary high-water mark.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
2. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross
the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees
to the stream bank).
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
3. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 40 feet wide.
For construction corridors in wetlands and across stream channels, stumps shall be grubbed
only as needed to install the utility, and remaining stumps shall be cut off at grade level. The
general stripping of topsoil within wetlands along the construction corridor is prohibited.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
4. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 40 feet wide.
For construction corridors in wetlands and across stream channels, stumps shall be grubbed
only as needed to install the utility, and remaining stumps shall be cut off at grade level. The
general stripping of topsoil within wetlands along the construction corridor is prohibited.
The following specifications shall apply to class B concrete:
Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
Maximum water -cement ratio gallons per sack 6.8
iv. Slump range 2" to 4"
v. Minimum strength - 28-day psi 2,500
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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o.o.mm..tme.a.onn,en.i o..i� /�
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 281105-5406
910.796.7215

Docusign Envelope ID: FCFFB421-FD25-443D-80CA-35C80D8DBA63
Kings Bluff Raw Water Main; Phase 2b
DWR# 20120083
Individual Certification #WQC007049
Page 7 of 10
5. The permittee shall restore wetland contours to pre -construction conditions. Any excess
material will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized
to the greatest extent practical. During excavation, the soils shall be placed on fabric to
minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled
separately from subsoils and will be backfilled into the trench only after the subsoils have been
placed and compacted.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
8. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
9. 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
NORTH raaoJNa
Department at Environmental Puolity
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 281105-5406
910.796.7215

Docusign Envelope ID: FCFFB421-FD25-443D-80CA-35C80D8DBA63
Kings Bluff Raw Water Main; Phase 2b
DWR# 20120083
Individual Certification #WQC007049
Page 8 of 10
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 028
.0231
10. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
12. All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200
13. 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.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 028 .0231
14. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
NORTH raaoJNa
o.o.mm..tme.a.onn,en.i o..i� /�
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 281105-5406
910.796.7215

Docusign Envelope ID: FCFFB421-FD25-443D-80CA-35C80D8DBA63
Kings Bluff Raw Water Main; Phase 2b
DWR# 20120083
Individual Certification #WQC007049
Page 9 of 10
15. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
16. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
17. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B.0201
18. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 028
.0231
19. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
20. 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.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
NORTH raaoJNa
Department at Environmental Puolity
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 281105-5406
910.796.7215

Docusign Envelope ID: FCFFB421-FD25-443D-80CA-35C80D8DBA63
Kings Bluff Raw Water Main; Phase 2b
DWR# 20120083
Individual Certification #WQC007049
Page 10 of 10
21. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
22. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification 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.
Citation: 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 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)]
NORTH raaoJNa
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This, the 30th day of July 2024
,-DocuSigned by:
havdia S'aiA,dui564
E3ABA14AC7 DC434...
Morella Sanchez -King
Regional Office Operations Supervisor
Division of Water Resources
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 281105-5406
910.796.7215