20100099 Ver 1_Approval Letter_20130208

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NCDENR
Uorti, Cwolina DeUartment of Environment and Natural Resources
Pat McCrory
Governor
Pancho Mitigation Company, LLC
John Preyer
1101 Haynes Street, Suite 211
Raleigh, NC 27604
Division of Water Quality
Charles Wakild, P.E.
Director
February 8, 2013
Subject Property: Pancho Mitigation Bank - REVISED
Kennedy Mill Branch [030202201; C, NSW]
John E. Skvarla III
Secretary
DWQ Project # 10 -0099 V2
Wayne County
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Preyer:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.77 acres of wetlands, 7,877 linear feet of stream and restore 910,773
square feet (ft) of protected riparian buffers for the purpose of restoring 5322 linear feet of stream
(priority 1), restore 1137 linear feet of braided channel, enhance (Level 1) 1969 linear feet of stream,
enhance (level 11) 1837 linear feet of stream, restore 29.0 acres of wetlands, enhance 1.5 acres of
cleared wetlands, preserve 0.5 acres of forested wetlands, and restore 50 foot wooded buffer at the
subject property, as described within your application dated February 1, 2013 and received by the
N.C. Division of Water Quality (DWQ) on February 5, 2013. After reviewing your application, the
proposed impacts are covered by General Water Quality Certification Number(s) 3885 (GC3885).
The Certification (s) allows you to use Nationwide Permit(s) 27 when issued by the US Army Corps of
Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts
to the protected riparian buffers per 15A NCAC 2B .0233. This approval supersedes the previous
approval issued on September 29, 2012. In addition, you should obtain or otherwise comply with
any other required federal, state or local permits before you go ahead with your project including (but
not limited to) Erosion and Sediment Control and Non - discharge regulations. 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.
North Carolina Division of Water Quality Internet: "MY, eFgategual ty.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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NorthCarofina
Aatitrally

Pancho Mitigation Company, LLC
John Preyer
Page 2 of 4
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total fills for this project (now or in the future)
exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed
in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
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:
2. Erosion & Sediment Control Practices
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:
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 and the
Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout (Tr), SA, WS -I, WS-11, High Quality (HQW), or Outstanding Resource (ORW) waters,
then the sediment and erosion control requirements contained within Design Standards in
Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment and erosion
control requirements.
3. No Waste, Spoil, Solids, or Fill of Any Kind
Amount Approved
(Units)
Plan Location or Reference
Stream
7,877 (feet)
PCN application and plats
404 Wetlands
0.77 acres
PCN application and plats
Buffers
910,773 (square feet)
PCN application and plats
2. Erosion & Sediment Control Practices
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:
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 and the
Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout (Tr), SA, WS -I, WS-11, High Quality (HQW), or Outstanding Resource (ORW) waters,
then the sediment and erosion control requirements contained within Design Standards in
Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment and erosion
control requirements.
3. No Waste, Spoil, Solids, or Fill of Any Kind

Pancho Mitigation Company, LLC
John Preyer
Page 3 of 4
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 Pre - Construction Notification and authorized by this
written approval, including incidental impacts. 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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval by DWQ. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis- equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and downstream of the above structures. All devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land
Resources has released the project.
5. Mitigation Credit
Approval of the restoration plan and issuance of the 401 Water quality Certification means that
DWQ has determined that the proposed activity will not remove or degrade significant existing
uses of the surface water (15A NCAC 2H .0506(a)). The issuance does not represent an approval
of credit yiend for the project.
6. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
7. The applicant/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. If the Division determines that such standards or laws are not being met,
including 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, then the Division may
reevaluate and modify this General Water Quality Certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and /or civil penalties. The authorization to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application and as authorized by this Certification shall
expire upon expiration of the 404 or CAMA Permit.

Pancho Mitigation Company, LLC
John Preyer
Page 4 of 4
If you do not accept any of the conditions of this Certification (associated with the approved wetland
or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date
that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding
unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act 15A NCAC 02H..0500. If you have any questions, please telephone Anthony Scarbraugh
at 252 - 948 -3924 of the Washington Regional Office or Eric Kulz of the Webscape Unit at 919 -807-
6476.
Sincerely,
For ChuckWakild, P.E.
Enclosures: Certificate of Completion
GC 3885
cc: Tracey Wheeler, Corps of Engineers Washington Regulatory Field Office
DWQ Webscape Unit
DEMLR, Pat McClain
File copy
Filename: 10- 0099V2_Pancho Mitigation Bank _3885_ Approval