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HomeMy WebLinkAbout20061581 Ver 2_More Info Received_20090414AISLMG 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 • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 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 ,III III I I ? J;i r r r '? 1l I ? III; 0 _z Irv. W / / / W ? I 1 rJ i ?. r I 1W 1 j? fW 1 r , J ?ijfi tl \ ?I? 111{ ll Ia 1 1';? 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LJ Z c 1 e I f co co I q? 4 v?io> v: i-- ? 1 II QL II I II I I, I It•j I I r l I V !1 /I S3d1d 43SOdO? d 0 _ o) to U1 O > r 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 (910) 251-4923. 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 (910) 796-7215 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 (910) 796-7215 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: 919-733-1786 / FAX 919-733-6893 / 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 (919) 733-5205 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 (919) 733-5205 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 (919) 733-1786 / Fax (919) 733-6893 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 (919) 716-1921. 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