20061581 Ver 2_More Info Received_20090414

AISLMG
LAND MANAGEMENT GROUP INC.
"iw Environmental Consultants
April 10, 2009
TO: Ms. Jennifer Frye
U.S. Army Corps of Engineers
69 Darlington Ave.
Wilmington, NC 28403
RE: NHC Well Field Project; New Hanover County, NC
Request for Modification to the Individual Permit
Action ID#SAW-2003-01188-065
Dear Jennifer:
ou-1sg ?
L
APR 14-2009
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRPNCH
As you know, New Hanover County received an Individual Permit from the ACOE for wetland impacts
associated with the construction of the County Well Field and Water Treatment Plant located in the northern
part of New Hanover County on September 14, 2007. Additionally, a CAMA Major Permit was issued on July
10, 2007 (#86-07) and a 401 Water Quality Certification was issued on May 9, 2007 (DWQ# 061581). Since
that time, the wells have been installed and as-built surveys of the construction occurred. The surveys showed
that some of the driveway crossings were not built to the specifications of the permit. This letter summarizes
these differences and requests guidance on how to proceed.
According to the as-built surveys, there are three locations where the width of the driveway exceeded
what was permitted, which disturbed an additional 0.018 acre of Waters of the U.S. These errors were made
because one of the project's surveyors incorrectly staked out the driveway locations in these areas. Additionally,
some of the ditch slopes were steeper than originally anticipated. Rip rap needed to stabilize the crossings was
wider than permitted. However, two areas of permitted impact to Waters of the U.S. totaling 0.165 acre did not
occur because the water line in these areas was redirected. Overall, impacts to Waters of the U.S. are 0.147 acre
less than permitted.
Enclosed are the as-built surveys that show where the errors occurred and a table summarizing these
differences. Please let us know if a formal modification to the IP is needed or if you need any other information
from us. Thank you for your assistance with this project.
Sincerely,
V - ,
Kim Williams
Wetland Scientist
Encl
C: Mr. Dustin Wagner, State Utility Contractors, Inc.
Mr. Gary McSmith, CFPUA
Mr. Paul Goss, WK Dickson
Mr. Chad Coburn, NC DWQ
Mr. Ian McMillan, NC DWQ
Mr. Doug Huggett, NC DCM
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
Table 1. List of Impact Modifications for NHC Well Field and WTP site.
Location Permitted Impact (ac) Constru(cte)d Impact Difference
49 (Well F) 0.013 0.023 +0.010
#15 (Well J) 0.013 0.016 +0.003
#13 (Well L) 0.016 0.021 +0.005
#1 (Well Q) 0.030 - -0.030
44 (Well A) 0.135 - -0.135
TOTAL -0.147

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
September 14, 2007
Regulatory Division
Action ID: SAW-2003-01188-065
New Hanover County Engineering Department
Attn: Mr. Gregory Thompson
230 Market Place Drive, Suite 16
Wilmington, North Carolina 28403
5U',.
N:?`, \ 14lRYARY ? H
d OF TflF Q
IOR??
APR 1 ? ZOO"')
DOW, WATER QUALITY
WETLANDS AND STORM "'rER 8RA4CH
Dear Mr. Thompson:
In accordance with your written request of July 31, 2006, and the ensuing administrative
record, enclosed are two copies of a permit which authorizes impacts to Department of Army
jurisdictional Waters of the United States, specifically to permanently impact 1.937 acres of
Section 404 jurisdictional wetlands and 0.678 acres of Waters of the United States and to
temporarily impact. 0.55 acre of Section 404 wetlands and 0.064 acre of coastal wetlands for the
purpose of installing water wells, water lines, discharge (outfall) line, and access roads, for the
New Hanover County Well Field and Water Treatment Plant project. The proposed
jurisdictional impacts are to Waters of the United States, including wetlands, that are adjacent to
or hydrologically connected to unnamed tributaries to Smith Creek, a tributary to the Northeast
Cape Fear River, a Navigable Water of the United States; Pages Creek, a tributary to the Atlantic
Intracoastal Waterway (ICW), also a Navigable Water of the United States; and the ICW itself.
The project areas are located throughout the northeastern section of New Hanover County,
including the Greenview Ranches area, Ogden Park, Old Oak, Edgewater Club and Porters Neck
Roads, and Market Street, northeast of Wilmington, New Hanover County, North Carolina.
You should acknowledge that you accept the terms and conditions of the enclosed permit by
signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature, as
permittee, indicates that, as consideration for the issuance of this permit, you voluntarily accept
and agree to comply with all of the terms and conditions of this permit. All pages of both copies
of the signed permit with drawings should then be returned to this office for final authorization.
A self-addressed envelope is enclosed for your convenience.
This correspondence contains a proffered permit for the above described site. If you object
to this decision, you may request an administrative appeal under Corps regulations at 33 CFR
part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request
for appeal (RFA) form. If you request to appeal this decision you must submit a completed RFA
form to the South Atlantic Division, Division Office at the Following address:
-2-
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete;
that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the
Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA
form, it must be received at the above address by November 13, 2007. It is not necessary to
submit an RFA form to the Division Office if you do not object to the decision in contained in
this correspondence.
After the permit is authorized in this office, the original copy will be returned to you; the
duplicate copy will be permanently retained in this office. If you have questions, please contact
Mrs. Jennifer S. Frye at the Wilmington Regulatory Field Office, at [phone].
Sincerely,
"X?
Keith A. Harris, Chief
Wilmington Regulatory Field Office
Enclosures
Copy Furnished (with enclosures):
Ms. Kim Williams
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
,Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
86-07
Issued to New Hanover County Engineering Dept., 230 Market Place Dr., Suite 16, Wilmington, NC 28403
Authorizing development in New Hanover County at adi. Shinn and Pages Creeks and the AIWW
, as requested in the permittee's application dated 9/5/06 (MP-i & 2) & 7/28/06
(MP-3), incl. drawings (16), 1 of 1 dtd. 9/1/06, 1-11 of 14 dtd. 7/06, 12 of 14 dtd. 2/07 & 13, 13A &14 of 14 dtd. 2/16/06
This permit, issued on July 10, 2007 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, this permit authorizes only the land disturbing activities associated
with the construction of the New Hanover County Well Field and Water Treatment Plant, to include all
associated infrastructure, all as expressly and specifically set forth in the permit application and depicted
on the attached workplan drawings. Any additional land disturbing activities and/or construction shall be
evaluated on a case-by-case basis by a representative of the Division of Coastal Management (DCM) to
determine additional permit requirements. Contact a representative of the Division at [phone]
prior to the commencement of any such activity for this determination.
2) In order to protect juvenile shrimp and finfish populations, no in water work associated with the
installation of the discharge . line and diffuser structure shall be permitted between April 1 and
September 30 of any year without the prior approval of the Division of Coastal Management, in
consultation with the Division of Marine Fisheries.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2010
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
s
James . fl'Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
............ m?..,..........- ..... ................................................................__..._..,,.,,,.Y,.1.1 '1.7
New Hanover County Engineering Dept. Permit 486-07
Page 2 of 3
ADDITIONAL CONDITIONS
3) The permittee shall install and maintain at his expense any navigational aides prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the discharge line and diffuser structure.
4) This permit does not authorize any permanent impacts to Coastal Wetlands. All Coastal Wetlands
temporarily impacted by the trenching in of the discharge line shall be immediately restored to pre-
project elevations and allowed to revegetate naturally.
5) Due to the possibility that compaction, mechanized clearing 4nd/or other site alterations might prevent
the temporary Coastal Wetland impact areas from re-attaining pre-project wetland functions, the
permittee shall provide an annual update on the Coastal Wetland areas temporarily impacted by this
project. This annual update shall consist of photographs and a brief written report on the progress of
these temporarily impacted areas in re-attaining their pre-project conditions. Three years after project
completion, the permittee shall hold an agency field meeting with the N.C. Division of Coastal
Management (DCM) to determine if the wetland areas temporarily impacted by this project have re-
attained pre-project wetland functions. If at the end of three years the wetland areas temporarily
impacted by the project have not re-attained pre-project wetland functions, DCM will determine whether
compensatory wetland mitigation shall be required.
6) No excavation or filling shall take place at any time in any Coastal Wetlands, vegetated wetlands or
surrounding waters outside of the alignment of the areas indicated on the workplan drawings.
7) The permittee shall maintain the authorized discharge line and diffuser structure in good condition and
in conformance with the terms and conditions of this permit. The permittee is not relieved of this
requirement if he abandons the permitted activity without having it transferred to a third party.
Easement
8) Prior to the installation of the discharge line and diffuser structure within the AIWW, the permittee shall
apply for and receive an Easement from the Department of Administration's State Property Office.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
9) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
10) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
----------- -------------------
New Hanover County Engineering Dept. Permit #86-07
Page 3 of 3
ADDITIONAL CONDITIONS
Stormwater Management
11) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW8070410 and Stprmwater
Permit No. SW8070412, bo', 3f which were issued on 5/2/07. Any violation of the permit approved I.Y
the DWQ shall be considered a violation of this CAMA permit.
General
12) The permittee shall implement in its entirety the December 2006 Wetland Restoration Plan.
13) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to an individual
permit from the U.S. Army Corps of Engineers.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under Water Quality
Certification No. 3660 (DWQ Project No.061581), which was issued on 5/9/07.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2003-1188-065.
< I-
?OF W ATF9Q Michael F. Easley, Governor
`0 G William G. Ross Jr., Secretary
tom. North Carolina Department of Environment and Natural Resources
.? Alan W. Klimek, P.E. Director
Cl)
Division of Water Quality
May 9, 2007
Mr. Gregory Thompson
New Hanover County Engineering Department
230 Market Place Drive, Suite 16
Wilmington, NC 28403
Re: New Hanover County Well Field and Water Treatment Plant, New Hanover County
DWQ #061581; USACE Action ID. No. SAW-2003-1188-065
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Thompson:
Attached hereto is a copy of Certification No. 3660 issued to Gregory Thompson and New Hanover
County Engineering Department, dated May 9, 2007. In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Solid Waste,
Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed
regulations.
If we can be of further assistance, do not hesitate to contact us.
AWK/cbk/Ym
7 Sinc //4t
Alan W. Klimek, P.E.
Attachments: Certificate of Completion
NCDWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
cc: Kim Williams, Land Management Group, Inc., P.O. Box 3522, Wilmington, NC 28402
Jennifer Frye, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
Becky Fox, U.S. EPA
Joanne Steenhuis, DWQ Wilmington Regional Office
Beth Wetherill, New Hanover County Engineering
File Copy
Central Files
Filename: 061581 NewHanoverCountyWellFieldWaterTxPlant(NewHanover)401_IC
1VotttCarolina
401 Oversight/Express Review Permits Unit ?ltllCll??lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
New Hanover County Engineering Department N
Page 2 of 5
May 9, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Gregory Thompson and New Hanover County Engineering
Department to permanently impact or fill 1.937 acres of 404/wetland and 1.108 acres of Waters (ditches),
and temporarily impact or fill 0.55 acres of 404/wetland, 0.064 acres of coastal wetland, and 0.18 acres of
open water, in the Cape Fear River Basin, associated with the construction of the proposed wastewater
treatment plant, well field and outfall pipe, located in the northeast corner of New Hanover County,
pursuant to an application filed on the 28th day of July of 2006, and Public Notice issued November 8,
2006, and received November 8, 2006, and by all additional information received on November 13, 2006,
February 12, 2007, and March 19, 2007.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impactor an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
404/CAMA Wetlands 1.937 (acres) - permanent Application and PN
404/CAMA Wetlands 0.55 acres - temporary Application and PN
Coastal Wetland 0.064 (acres) - temporary Application and PN
Waters 1.108 acres - permanent Application and PN
Open Waters 0.18 (acres) - temporary Application and PN
Sediment and Erosion Control
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
New Hanover County Engineering Department
Page 3 of 5
May 9, 2007
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project.
Mitigation:
5. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) and Onsite Restoration
and Preservation
Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you wish to make a payment to the Wetlands Restoration Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office),
no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at
[phone] if you have any questions concerning payment into a restoration fund. You have 60
days from the date of this, approval to make this payment. Additionally, you have agreed to preserve
all remaining wetlands within the well field lots (reportedly approximately 25 acres) through
placement of a permanent easement on these remaining wetlands within the well field lots as
described in your Conservation Declaration received by the DWQ on March 19, 2007. These
aforementioned methods have been determined by the DWQ to be a suitable means to meet the
mitigation requirement. For accounting purposes, this Authorization Certificate authorizes
payment into the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
404/Wetland 1.937 acres Cape Fear/03030001
New Hanover County Engineering Department
Page 4 of 5
May 9, 2007
Written Stormwater Management Plan (No Further Approval Needed):
6. Written Stormwater Management Plan (No Further Approval Needed)
The final, written stormwater management plans (Permit No. SW8 940512MOD) dated May 2,
2007, must be implemented and the stormwater management facilities shall be constructed and
operational before any permanent building is occupied at the subject site. The structural
stormwater practices as approved by this Office as well as drainage patterns must be maintained
in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
Where a State Stormwater Permit (in accordance with 15 A NCAC 2H .1000) is required, this
permit may be considered to meet this condition.
7. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http: //h2o. enr. state. nc. us/su/Forms_Documents. htm.
Continuing Compliance
Gregory Thompson and New Hanover County Engineering Department shall conduct
construction activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and any
other appropriate requirements of State law and federal law. If the Division determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved use)
or that State or federal law is being violated, or that further conditions are necessary to assure
compliance, the Division may reevaluate and modify this Certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15A
NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Gregory
Thompson and New Hanover County Engineering Department and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised
conditions shall be provided to Gregory Thompson and New Hanover County Engineering
Department in writing, shall be provided to the United States Army Corps of Engineers for
reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also
become conditions of the 404 Permit for the project;
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
New Hanover County Engineering Department
Page 5 of 5
May 9, 2007
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 91h day of Ma 2007
DIVISION OF W, A QUALITY
Alan W. Klimek, P.E.
AWK/cbk/ijm
3660
O?O? W AT ?9QG
r
__.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Gregory Thompson and New Hanover County Engineering Department
to permanently impact or fill 1.937 acres of 404/wetland and 1.108 acres of Waters (ditches), and temporarily
impact or fill 0.55 acres of 404/wetland, 0.064 acres of coastal wetland, and 0.18 acres of open water, in the Cape
Fear River Basin, associated with the construction of the proposed wastewater treatment plant, well field and
outfall pipe, located in the northeast corner of New Hanover County, North Carolina. All activities associated with
these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter.
THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20061581
LOCATION: New Hanover County
COUNTY New Hanover
BASIN/ SUB BASIN Cape Fear/03030001
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation
1.937 Acres of 404/Wetland 1.937 Acres of 404/Wetland
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 061581 NewHanoverCountyWellFieldWaterTxPlant(NeWHanover)401_IC-EEP
Noe Carolina
401 Oversight/Express Review Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
r'%1-
?:Fco,stem
PROGRAM
RECEIPT
November 1, 2007
Gregory Thompson
New Hanover County Engineering Department
230 Market Place Drive, Ste. 16
Wilmington, NC 28403
Project: New Hanover County Well Field & WTP
County: New Hanover
DWQ#: 06-1581
CAMA#: 86-07
COE#: 2003-01188-065
EEP #: ILF-2007-5217
Amount Paid: $ 29,352.00
Check Number : 92309
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s) issued for the
above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with
the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this
certification and any other state, federal or local government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Stream Credits Wetland Credits Buffer I & 11
Cu (linear feet) (acres) (Sq. Ft.)
Cold Coot Warm Riparian Non-Riparian Coastal Marsh
Cape Fear 0 0 0 0 2.0 0 0
0303000,7
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact Kelly Williams at [phone].
Sincerely,
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Jennifer Frye, USACE-Wilmington; Thelma Hemmingway- Wilmington
Chad Coburn, NCDWQ- Wilmington
Doug Huggett, NCDCM-Morehead City
Kim Williams, agent
File ??A
kutoru1t?... E ... Prot Ow r Stake iC6 R'
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net