20050453 Ver 5_Approval Letter_20240820

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
August 20, 2024
DWR # 20050453 v5
Lenoir County
Neuse Regional Water and Sewer Authority
Harold Herring
2811 Barrus Road
La Grange
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
NRWASA- Emergency Intake Dredging Project
USACE Action ID. No. SAW- 2019-00346
Dear Mr. Herring:
Attached hereto is a copy of Certification No. WQC007120 issued to Neuse Regional Water and Sewer
Authority dated August 20, 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
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.
D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH C of Envi A a 919.707.9000
Deparlmem of Envlronmenml Duali�

NRWASA- Emergency Intake Dredging Project
DWR# 20050453 v5
Individual Certification #WQC007120
Page 2 of 9
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 Washington 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 Washington 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.com/ 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 15013-23(a).
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
!� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoarHCAROLNA 919.707.9000
oeparrmem or eartruomemai aaar�

NRWASA- Emergency Intake Dredging Project
DWR# 20050453 v5
Individual Certification #WQC007120
Page 3 of 9
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Paul Nyarko at 252-948-3845 or [e-mail] if you have any
questions or concerns.
Sincerely,
Pow T""
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
NCDEQ, Washington Regional Office
Electronic cc: Jason Hales, [e-mail]
Anthony Scarbraugh, USACE Washington Regulatory Field Office
Maria Dunn, NCWRC
Kathy Matthews, Fish & Wildlife Service
DWR 401 & Buffer Permitting Branch Electronic file
Laserfiche
D E Q � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
Depa"mem of Environmental Duality

NRWASA- Emergency Intake Dredging Project
DWR# 20050453 v5
Individual Certification #WQC007120
Page 4 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC007120 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 Neuse Regional Water and Sewer Authority, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on March 25, 2024, and subsequent information on April 2, 2024, and by Public
Notice issued by the U. S. Army Corps of Engineers on April 28, 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
Open Waters
Site 1/ Neuse River /
Dredging
0.80 acres
0.35 acres
0 credits
Totals:
0.80 acres
0.35 acres
0 credits
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The permittee shall report to the DWR Washington 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)
2. 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)
3. 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)
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
!� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoarHCAROLNA 919.707.9000
oeparrmem or eartruomemai aaar�

NRWASA- Emergency Intake Dredging Project
DWR# 20050453 v5
Individual Certification #WQC007120
Page 5 of 9
4. 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 the 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.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High -Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B
.0231
5. Sediment and erosion control measures shall not be installed in wetlands 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 the 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
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)
7. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
!� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoarHCAROLNA 919.707.9000
oeparrmem or eartruomemai aaar�

NRWASA- Emergency Intake Dredging Project
DWR# 20050453 v5
Individual Certification #WQC007120
Page 6 of 9
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping, and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
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
9. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and the waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged into the waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
10. 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)
11. 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 02B
.0231
12. 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
13. 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)
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
!� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoarHCAROLNA 919.707.9000
oeparrmem or eartruomemai aaar�

NRWASA- Emergency Intake Dredging Project
DWR# 20050453 v5
Individual Certification #WQC007120
Page 7 of 9
14. 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)
15. 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)
16. The Permittee shall coordinate with NC Wildlife Resources (NCWRC) for rare species surveys and
relocation at least three weeks prior to the start of construction.
Citation: 15A NCAC 02H .0506(b)(1)
17. The Permittee shall conduct surveys for state -listed mussel and crayfish species within the
project limits prior to project commencement in accordance with recommendations from the
North Carolina Wildlife Resource Commission. Survey results shall be supplied to the NCWRC 60
days prior to project commencement. The Permittee shall coordinate with NCWRC if the agency
determines species relocation is necessary prior to project commencement.
Citation: 15A NCAC 02H .0506(b)(1)
18. The stream is a Class C Trout Waters. In order to protect downstream uses for Class C Trout
Waters a requirement of this Certification is that any work conducted within the stream may not
occur between the dates of October 15 through April 15.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125
19. The permittee shall comply with any moratoriums per the National Marine Fisheries Service
and/or the US Fish and Wildlife Service. Dredging moratoriums shall be observed as required
by the National Marine Fisheries Service and US Fish and Wildlife. If such activities should take
place during periods of high biological activity (e.g. anadromous species and shorebirds),
biological monitoring may be required at the request of other state and federal agencies and
coordinated with these dredging activities.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
!� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoarHCAROLNA 919.707.9000
oeparrmem or eartruomemai aaar�

NRWASA- Emergency Intake Dredging Project
DWR# 20050453 v5
Individual Certification #WQC007120
Page 8 of 9
20. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the US Fish and Wildlife Service
(USFWS) and/or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition requires written approval by the resource agency responsible for the given
moratorium. Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 048 .0125
21. The Permittee shall avoid disturbance of Eastern Hellbenders and large flat rocks of at least one
foot in diameter which serve as their shelter as much as practical during construction activities.
If Eastern Hellbenders are discovered during construction activities, they are to be captured in a
bucket and moved away from the construction area and the appropriate NCWRC staff is to be
notified.
Citation: 15A NCAC 02H .0506(b)(1)
22. All dredge and/or fill material shall be placed on high ground and excavation shall not occur in
Primary Nursery Areas outside of the authorized (describe dredge template/footprint). Please
understand that the waters around your project area have been identified as a Nursery Area and
requests to dredge within these areas must be consistent with 15A NCAC 02B .0220 and 15A
NCAC 02B .0224 which requires that conditions of waters be suitable for all best uses provided
for in state rule (including, at minimum: aquatic life propagation, survival, maintenance of
biological integrity, and fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary
contact recreation; and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. The permittee is encouraged to take all necessary
measures to ensure that impacts do not occur outside of the authorized dredge template within
waters of designated Primary Nursery Areas.
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
!� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoarHCAROLNA 919.707.9000
oeparrmem or eartruomemai aaar�

NRWASA- Emergency Intake Dredging Project
DWR# 20050453 v5
Individual Certification #WQC007120
Page 9 of 9
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 permits. 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 20th day of August 2024
Plow T"
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
NCDEQ, Washington Regional Office
D E Q � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
Depa"mem of Environmental Duality

Figure 4. Proposed Dredge Elevations
NRWASA - Emergency Intake Dredging
Lenoir County, North Carolina
CDM Project No.294260
iSmith 0 12.525 50
® Feet

APPPOVE>
FOMM CARO1NA IEKVPONMEWAL
MANAGEMENT COMMISSION
DrVLggM Of WATER RE OUW.ZS
tiAlle 08/20 W_.�j
.. & 2OV0453 v5
Neuse River
Legend
PSA
Proposed Dredge Area
N
Smth 0 50 100 200
Feet
Figure 2. Project Study Area Map
NRWASA - Intake Emergency Dredging
Lenoir County, North Carolina
CDM Project No.294260

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
DWR Project No:
NORTH CAROLINA
Environmental Quality
20050453 v5 County:
Applicant: NRWASA -Harold Herring
Lenoir
Project Name: NRWASA - Emergency Intake Dredging Project
401 Water Quality Certification Issued Date: 08/20/2024
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 is required to return this certificate to the DWR
Central Office — Wetlands and Buffer Permitting Unit, NC DWR, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the
project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
if this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such
that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date:
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTHCAof Envir -
oePanmem renmranmen'aiuvar 919.707.9000