HomeMy WebLinkAbout20110677 Ver 3_Approval Letter_20240924Docusign Envelope ID: 5DB92FB9-DFAE-45D8-89B3-DA294AE9EB08
ROY COOPER
Governor
MARY PENNY KELLEY
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 24, 2024
DWR # 20110677 v3
Brunswick County
Brunswick Business & Industry Development
Attn: Mr. Bill Early
1175 Turlington Ave, Suite 202
Leland NC 28451
Delivered via email to: bill.early@brunswickbid.com
Subject: Approval of Individual 401 Water Quality Certification
Mid -Atlantic Industrial Project
USACE Action ID. No. SAW-2008-01015
Location: 34.305932, -78.179067
Dear Mr. Early:
Attached hereto is a copy of Certification No. WQC005812 issued to Mr. Bill Early and Brunswick Business
& Industry Development, dated September 24, 2024. This Certification replaces the Certification issued
on April 11, 2023. This approval is for the purpose and design described in your application.
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.
Upon the presentation of proper credentials, the Division of Water Resources (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 that is current at the time this Certification is issued. 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.
NORTH DE
Department of fnwkeemental CAROLINA
Oeallry
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Docusign Envelope ID: 5DB92FB9-DFAE-45D8-89B3-DA294AE9EB08
Mid Atlantic Industrial Project
DWR# 20110677v3
Individual Certification #WQC005812
Page 2 of 11
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
150E 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 (919) 431-3000.
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).
This letter completes the Division's review under Section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Sue Homewood at 336-813-1863 or sue.homewood@deq.nc.gov if you have any
questions or concerns.
Electronic cc:
Sincerely,
a —Signed by:
Sft 61/uc, aOSS
"-980C5097D80E4E9_.
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Kim Williams, Davey Resource Group Inc.
Gary Beecher, USACE Wilmington Regulatory Field Office
Maria Dunn, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20110677v3 Mid Atlantic Industrial Project - Brunswick - IP-401.docx
NORTH, CAROuNAD E _
Departent of&.mmnmanbl Ouel�
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Docusign Envelope ID: 5DB92FB9-DFAE-45D8-89B3-DA294AE9EB08
Mid Atlantic Industrial Project
DWR# 20110677v3
Individual Certification #WQC005812
Page 3 of 11
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005812 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 Mr. Bill Early and Brunswick Business & Industry Development, who have
authorization for the impacts listed below, as described within your application received by the N.C.
Division of Water Resources (Division) on April 1, 2024 and subsequent information on June 20, 2024,
August 19, 2924, September 5, 2024, and September 24, 2024 and by Public Notice issued by the Division
on April 23, 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
Non -Riparian Wetlands
W2 - Fill
2.00 acres
0 acres
2.00 credits
W3 - Fill
0.54 acres
0 acres
0.54 credits
W4 — Road
0.39 acres
0 acres
0.39 credits
W5 - Fill
1.70 acres
0 acres
1.70 credits
W6 - Fill
1.04 acres
0 acres
1.04 credits
Total:
5.67 acres
0 acres
5.67 credits
Open Waters /
Jurisdictional Ditch
OW1 - Fill
0.257 acres
0 acres
0 credits
OW2 - Fill
0.300 acres
0 acres
0 credits
OW3 - Fill
0.067 acres
0 acres
0 credits
OW4 - Fill
0.176 acres
0 acres
0 credits
OW5 - Fill
0.160 acres
0 acres
0 credits
OW6 - Fill
0.200 acres
0 acres
0 credits
OW7 - Fill
0.128 acres
0 acres
0 credits
OW8 - Fill
0.128 acres
0 acres
0 credits
OW9 - Fill
0.180 acres
0 acres
0 credits
OW10 - Fill
0.110 acres
0 acres
0 credits
OW11 - Fill
0.110 acres
0 acres
0 credits
OW12 - Fill
0.270 acres
0 acres
0 credits
OW13 - Fill
0.270 acres
0 acres
0 credits
OW14 - Fill
0.080 acres
0 acres
0 credits
OW15 - Fill
0.180 acres
0 acres
0 credits
NORT�D `�
Department of&nlronme�l Ouellty�
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Docusign Envelope ID: 5DB92FB9-DFAE-45D8-89B3-DA294AE9EB08
Mid Atlantic Industrial Project
DWR# 20110677v3
Individual Certification #WQC005812
Page 4 of 11
OW16 — Ditch
widening
0.080 acres
0 acres
0 credits
OW17 — Ditch
widening
0.090 acres
0 acres
0 credits
OW18 - Fill
0.110 acres
0 acres
0 credits
OW19 - Fill
0.070 acres
0 acres
0 credits
OW20 — Road
0.010 acres
0 acres
0 credits
OW21 — Road
0.010 acres
0 acres
0 credits
OW22 — Road
0.090 acres
0 acres
0 credits
Total:
3.076 acres
0 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. Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility Transfer Form (Form) shall be completed and
provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on
the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then
the Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form
from the Division prior to conducting any impacts.
Compensatory Mitigation Required
River and Sub -basin Number
Non -Riparian
Wetland
5.67 acres (credits)
Cape Fear
03030005
Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)
2. 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 Permittee shall provide the new owner must with a copy of this
Water Quality Certification and all plans and specifications incorporated by reference. The
Permittee may transfer this Water Quality Certification to the new owner by submitting a letter
to the Division with the following statement: "At the time the property is transferred, the terms
and conditions of this 401 Individual Water Quality Certification, including the responsibility to
ensure compliance, are binding on the new owner(s) of the property." The letter shall be signed
and dated by both the transferee and the new owner.
Citation: 15A NCAC 02H .0507(d)(2)
NORTD `E� CAROUNA
Deeertent of&nlronme�l Ouellty�
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Docusign Envelope ID: 5DB92FB9-DFAE-45D8-89B3-DA294AE9EB08
Mid Atlantic Industrial Project
DWR# 20110677v3
Individual Certification #WQC005812
Page 5 of 11
3. This approval is for the purpose and design described n your application and as described h the
Public Notice. The plans and specifications for this project are incorporated by reference and are
an enforceable part of the Certification. When a final master plan layout and/or final
construction plans are developed for a specific future electric vehicle (EV) battery manufacturing
client, they shall be submitted to the Division for review to determine if modification to this 401
Water Quality Certification is required. If a modification is required, an application shall be
submitted to the Division with the appropriate fee. Final designs shall reflect all appropriate
avoidance, minimization, and mitigation for impacts to wetlands, and other surface waters. No
construction activities that impact any wetlands or streams shall begin until after the Permittee
applies for, and receives, either a notification from the Division that a modification to the 401
is not required, or a modified 401 Water Quality Certification from the Division. Citation: 15A
NCAC 02H .0507{d}(2}
4. Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within the Mid -Atlantic Industrial
Site may be considered cumulative to impacts approved in this Certification and may require a
modification of this 401 Water Quality Certification approval.
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
5. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric fencing)
prior to any land disturbing activities and must be maintained on the property until the project
phase is completed.
Citation: 15A NCAC 02H .0506{b)(2); 15A NCAC 02H .0507(c)
6. The Permittee shall secure an approved stormwater management plan (SMP) from Division of
Energy, Mineral and Land Resources (DEM LR) before any impacts authorized in this Certification
occur. The applicable portion of the approved SMP shall be constructed and operational before
any permanent building or other permanent structure is occupied at the site. If any of the SCMs
are used as an Erosion and Sediment Control device, it must be restored to the approved
stormwater design condition within 30 days of close-out of the Erosion and Sediment Control
Plan.
Citation: 15A NCAC 02H .0506(b)(2) and (31; 15A NCAC 02H .0507{c)
7. 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)
NOFD
Department a} Emironmonlal Wally
North Carolina Department of Environmental Quality I Division of Water Resources
S12 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Docusign Envelope ID: 5DB92FB9-DFAE-45D8-89B3-DA294AE9EB08
Mid Atlantic Industrial Project
DWR# 20110677v3
Individual Certification #WQC005812
Page 6 of 11
8. 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)
9. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28.0200; 15A NCAC 02B
.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 the 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 028.0200; 15A NCAC 028
.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. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
13. All work in or adjacent to streams and surface waters shall be conducted so that the flowing
stream or surface water 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 028 .0200
NORT�D `�
Department of&nlronme�l Ouellty�
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Docusign Envelope ID: 5DB92FB9-DFAE-45D8-89B3-DA294AE9EB08
Mid Atlantic Industrial Project
DWR# 20110677v3
Individual Certification #WQC005812
Page 7 of 11
14. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g., rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR thirty (30) calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of thirty (30) calendar days prior to the installation of the
culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or
email within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
NORTD `E� CAROUNA
Deeertent of&nlronme�l Ouellty�
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Docusign Envelope ID: 5DB92FB9-DFAE-45D8-89B3-DA294AE9EB08
Mid Atlantic Industrial Project
DWR# 20110677v3
Individual Certification #WQC005812
Page 8 of 11
15. 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 028.0200; 15A NCAC 02B .0231
16. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 02B
.0231
17. All proposed and approved temporary fill and culverts shall be removed, and the impacted area
shall be returned to natural conditions within sixty (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)
18. 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)
19. 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)
20. 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
NORTH AROLIµAD
Department of Emlrunmenlal Wally
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Docusign Envelope ID: 5DB92FB9-DFAE-45D8-89B3-DA294AE9EB08
Mid Atlantic Industrial Project
DWR# 20110677v3
Individual Certification #WQC005812
Page 9 of 11
21. 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 028.0200; 15A NCAC 028
.0231
22. 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 028 .0231
23. 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.5 143-215.85(b)
24. 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)
25. 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)
26. 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.
NORTD `E� CAROUNA
Deeertent of&nlronme�l Ouellty�
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Docusign Envelope ID: 5DB92FB9-DFAE-45D8-89B3-DA294AE9EB08
Mid Atlantic Industrial Project
DWR# 20110677v3
Individual Certification #WQC005812
Page 10 of 11
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit that is current at the time this Certification is issued. The conditions shall remain in
effect for the life of the project, regardless of the expiration date of this Water Quality Certification.
NORTH D `E�
Department of&nlronme�l Ouellty�
This, the 24th day of September 2024
s.
Signed by:
�t can it, aihss
980C5097D80E4E9_.
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
ROY COOPER
Governor
MARY PENNY KELLEY
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
September 24, 2024
Permittee: Brunswick Business & Industry Development DWR Project # 20110677 v3
Project Name: Mid -Atlantic Industrial Project County: Brunswick
The Division has received a Statement of Availability (SOA) from Lower Cape Fear Umbrella Bank for the
(Mitigation Provider) to satisfy the mitigation requirements set forth in 401 Individual Certification No.
WQC005812 issued to Brunswick Business & Industry Development, dated September 24, 2024 as
provided in the table below.
Compensatory Mitigation
River and 8-digit HUC Number
Non -Riparian Wetland
5.67 acres (credits)
Cape Fear / 03030005
The Permittee must provide a copy of this form to the Mitigation Provider specified above, who will
then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once
the Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed
copy of this form is submitted to the Division before conducting any of the authorized impacts.
The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been
released and are available at the identified bank site(s). By signing below, the Mitigation Provider is
accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no
more than 25 percent of the total mitigation required by Division can be met through preservation,
unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)).
Signature Authority Name (print):
Signature: Date:
1:tE
NORTH CAROLINA
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Department of Environmental Quality