20130456 Ver 1_Approval Letter_20140821

-A-5,4PA
MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 21, 2014
NCDENR Ecosystem Enhancement Program
John E Skvarla, III
Secretary
DWR Project # 2013 0456
Onslow County
Attn Tim Baumgartner
217 West Jones Street, STE 3000A
Raleigh, NC 27603
Subject Property: Bear Basin Restoration Site, Richlands
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr Baumgartner
You have our approval, In accordance with the attached conditions and those listed below, to conduct
mitigation activities within 0 11 acres of open water impacts at the subject property, as described within
your application dated August 1, 2014 and received by the N C Division of Water Resources (Division) In
the Wilmington Regional Office (WiRO) on August 5, 2014 After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3885 (GC3885)
The Certification(s) allows you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers
(USACE) 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,
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 Permit.
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.
Conditions of Certification:
1 The approved plans and specifications for this project are incorporated by reference and are an
enforceable part of the permit
2 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
1601 Mall Service Center, Raleigh, North Carolina 27699 -1601
Phone 919 - 707 -86001 Internet www ncdenr gov
An Equal Opportunity 1 Affirmative Acton Employer — Made in part by recycled paper

NCDENR Ecosystem Enhancement Program
Attn Tim Baumgartner
DWR Project # 2013 0456
August 21, 2014
Page 2 of 5
3 Anv final construction plans for this proiect must include or reference the application and plans
approved by the Division under this authorization letter and certification. It shall be the
responsibility of the permitee to review all construction drawings with the approved permit
drawings to determine that the drawings are consistent. Documentation via letter or e-mail must
be provided to the Division prior to the start of construction confirming that the construction
drawings are consistent with the permitted drawings If the drawings are not consistent, the
applicant is required to notify the Division, c/o Joanne Steenhuis Wilmington Regional Office and
address the inconsistencies prior to working in wetlands
4 Sediment and Erosion Control
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
5 All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from hydrocarbons or other potential toxic chemicals In the event of a
hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of
Water Quality, between the hours of 8 am to 5 pm at the Wilmington regional office at
910 796 7215 or Steve Lewis at 919 807 6308 and after hours and on weekends call the USCG
National Response Center at 1 800 424 8802
6 Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a
waterbody or wetlands to prevent contamination by fuel and oils
Amount Approved (Units)
Plan Location or Reference
Stream Impacts
N/A
404/401 Wetlands
N/A
Waters
Impacts
0 11 acres of Jurisdictional
tributaries
Sheet 4 of 10 Bear Basin
Restoration Site (attached)
Buffers
N/A
3 Anv final construction plans for this proiect must include or reference the application and plans
approved by the Division under this authorization letter and certification. It shall be the
responsibility of the permitee to review all construction drawings with the approved permit
drawings to determine that the drawings are consistent. Documentation via letter or e-mail must
be provided to the Division prior to the start of construction confirming that the construction
drawings are consistent with the permitted drawings If the drawings are not consistent, the
applicant is required to notify the Division, c/o Joanne Steenhuis Wilmington Regional Office and
address the inconsistencies prior to working in wetlands
4 Sediment and Erosion Control
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
5 All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from hydrocarbons or other potential toxic chemicals In the event of a
hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of
Water Quality, between the hours of 8 am to 5 pm at the Wilmington regional office at
910 796 7215 or Steve Lewis at 919 807 6308 and after hours and on weekends call the USCG
National Response Center at 1 800 424 8802
6 Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a
waterbody or wetlands to prevent contamination by fuel and oils

NCDENR Ecosystem Enhancement Program
Attn Tim Baumgartner
DWR Project # 2013 0456
August 21, 2014
Page 3 of 5
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 /401Permit Application All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed by NCDENR Ecosystem Enhancement Program and its
authorized agents /contractors so that no violations of state water quality standards, statutes, or
rules occur
8 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 two months of the date
that the Division of Energy, Mineral and Land Resources (DEMLR) has released the project,
9 This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless of the
expiration of this Certification
10. Pre - Construction Notification
The permitee shall notify the Division in writing via e-mail or phone within two weeks prior to the
beginning of the work authorized under this certification. A pre- construction meeting may be
required with the Division prior to the start of this project.
11 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 yield for the project
12 The applicant / permitee 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, than the Division may
reevaluate and modify this General Water Quality Certification The applicant /permitee shall
require its contractors (and /or agents) to comply with all of the terms of this Certification and
shall provide each of its contractors (and /or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at all
times.

NCDENR Ecosystem Enhancement Program
Attn Tim Baumgartner
DWR Project # 2013 0456
August 21, 2014
Page 4 of 5
12 Protective Fencing
The wetland or water boundaries within 50 feet of the construction corridor(s) of the project
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) These boundaries shall be identified as depicted on the
jurisdictional determination map signed by the US Army Corps of Engineers prior to any land
disturbing activities These wetland boundary identifications (flagging, fencing, etc ) must be
maintained on the property until the construction phase is completed
13 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 and /or authorized agent is required
to return the enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit
North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within
ten days of project completion (the certification of completion is also available at
http / /portal ncdenr org/ web /wq /swp /ws/ 401 /certsandPerm its /apply /forms)
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 Permit
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 If you wish to contest any conditions in the
enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for
an administrative hearing You may obtain the petition form from the office of Administrative hearings
You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this
notice A petition is considered filed when it is received in the office of Administrative Hearings during
normal office hours The Office of Administrative Hearings accepts filings
Monday through Friday between the hours of 8 00 am and 5 00 pm, except for official state holidays The
original and one (1) copy of the petition must be filed with the Office of Administrative Hearings
The petition may be faxed - provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone (919)- 733 -2698, Facsimile (919)- 733 -3478

• NCDENR Ecosystem Enhancement Program
Attn Tim Baumgartner
DWR Project # 2013 0456
August 21, 2014
Page 5 of 5
A copy of the petition must also be served on DENR as follows
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
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 Resources under Section 401 of the Clean Water
Act If you have any questions, please contact Eric Kulz in the Central Office in Raleigh at 919 807 6476 or
Eric Kulz @ncdenr gov or Joanne Steenhuis in the DWR Wilmington Regional Office at 910 796 7306 or
Joanne Steenhuis @ncdenr gov
Sincerely,
Jim Gregson, Re Su ervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures GC 3885
Certificate of Completion
cc Timothy Morris — KCI Technologies, Inc - electronic copy
Mickey Sugg -USACE Wilmington Regulatory Program
Kenneth Jones - Owner
Jennifer Burdette — 401 Wetlands and Buffers Unit
Karl Hammers - DEMLR Wilmington Regional Office — electronic copy
Eric Kulz — 401 Wetlands and Buffers Unit — electronic copy
Jonathan Howell - DCM Morehead City — electronic copy
WiRO
MG 2 201fi
- --QUALITY
QU Bra

-4—IOz
0000
mD0�
zram
bZ<��
z -x;
mmOD
'
cyG)m
5�
O
Mono
-I�
*iim
4>MZ
0
5,
m z
Z) R ')
0 m
pD9D!
�oz
ry,
G)
m
r
.F
1
7
�
f
1
r Q
N Z
A
1 i
e
fA
i
m
�
z
I
�
I
i
I
r i
I
I
i O
6
yr �
o
.q
0
1
�
C,
Y
�f
1
o
to,
ol17
i
If
_
i / J
it� NOI1VAa3SND0 _
..qyy♦
�09.► "s
iN3 3Stl3
��°
fir
ttt���
46
JD
9�
L�
f BEAR BASIN
g
KC Y
6K
_
WGIIilEUM1iH
KPMT�ON RAXV1
°°""a
PFASEU f011•M IN�aEMni AImw+NN
MYAI.
5v
Z
RESTORATION SITE
vru ans pyq 6QEN yT9
O
RICHLANDS ONSLOW COUNTY NORTH CAROLINA
wlsa vaixanwo surre a�
nuewn wanm cwoltt�mm
(11}�tlitl
lox
wn
REASIONS

,�
RO,
ns
IF
Wg
1 ANTS
OW
1* .........
MON,
si
yu ygxv A,
63
V6 ymp
low 0 Wso
. . . . . . . . . . . . . . . . .