20120240 Ver 3_Approval Letter_20140925

PIMA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
September 25, 2014
Mr. Richard Hancock, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699 -1598
Subject: Modification of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water with
ADDITIONAL CONDITIONS for Proposed improvements to NC 24 from SR 1853 (John Nunnery Rd.)
in Cumberland County to US 421- 701 /SR 1296 (Sunset Avenue) in Sampson County, Federal Aid Project
No. STPNHF -F -8- 2(17), WBS No. 34416. TIP R- 2303C &D. ,
NCDWR Project No. 20120240v.3
Dear Mr. Hancock:
Attached hereto is a modification of Certification No. 3942 issued to The North Carolina Department of
Transportation ( NCDOT) dated September 24, 2012. This certification replaces the modification issued on July
12, 2013.
If we can be of further assistance, do not hesitate to contact us.
Sincerely
NJOV1411— -F,
Thomas A. Reeder
Attachments
cc: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office (electronic copy only)
Karen Fussell, PE, Division 3 Engineer
Stoney Mathis, Division 3 Environmental Officer
Cynthia Van Der Wiele, Environmental Protection Agency (electronic copy only)
Gary Jordan, US Fish and Wildlife Service (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Jason Elliott, NCDOT, Roadside Environmental Unit (electronic copy only)
Jim Stanfill, Ecosystem Enhancement Program
Chris Manley, NCDOT Natural Environment Section (electronic copy only)
Sonia Carrillo, NCDWR Central Office
File Copy
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
NOrthCarohna
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 733 -1290
,
Av&rally
Internet: www rimaterQUalitv.ora-
-
An Equal Opportunity 1 Affirmative Action Employer

Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS
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 Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact an additional 28.88 acres of
jurisdictional wetlands, 6.10 acres of waters and 4,333 linear feet of jurisdictional streams in Cumberland and
Sampson Counties for the construction of R- 2303C &D only. The project shall be constructed pursuant to the
revised application dated received February 15, 2013and revisions received electronically on April 12, 2013; May
10, 2013; June 4, 2013 and June 7, 2013. No impacts to Sections E or F are being authorized with this
certification. The authorized impacts are as described below:
Stream Impacts in the Cape Fear River Basin
Site
Station
Permanent
Fill in
Intermittent
Stream
(linear ft )
Temporary
Fill in
Intermittent
Stream
(linear ft )
Permanent
Fill in
Perennial
Stream
(linear ft)
Temporary
Fill in
Perennial
Stream
(linear ft )
Bank
Stabilization
(linear ft)
Total
Stream
Impact
(linear ft)
Stream
Impacts
Requiring
Mitigation
(linear ft
R- 2303At �
Total 0 0 572 27 - 599 278
R-2303 B(')
Total 158 0 193 88 - 439 351
R -2303C
1
734 +14 to 739 +72
74
10
0
0
10
94
0
6
804 +86 to 807 +86
213
20
0
0
10
243
223
7
860 +27 to 865 +12
0
0
260
42,
39
341
299
9
867 +38 to 889 +49
0
0
255
28
55
338
310
10
905 +77 to 907 +41
0
0
262
20
80
362
342
11
912 +92 to 913 +67
0
0
185
0
10
195
195
15
999 +64 to 1005 +57
0
0
38
10
10
58
0
18
1035 +56 to 1037 +40
0
0
271
20
10
301
281
19
1064 +16 to 1067 +95
0
0
90
10
10
110
0
22
1086 +79to 1087 +86
26
20
0
0
10
56
0
23
1091 +76 to 1092 +23
137
10
0
0
10
157
0
Total
450
60
1,361
130
254
2,255
1,650
R -2303 D
2 _
1106 +68 to 1110 +17
0
0
183
60
19
262
202
6
1197 +30 to 1197 +97
35
11
0
0
0
46
0
7
1199 +32 to 1201 +65
33
16
0
0
0
49
0
12
1224 +08to1224 +64
0
0
306
60
42
408
348
13
1278 +68to 1281 +53
286
10
0
0
21
317
307
14
1289 +68to 1291 +91
283
30
0
0
30
343
313
15
1292 +13 to 1299 +88
0
0
151
20
32
203
183
20
1391 +00
129
0
0
0
10
139
0
22
1444 +00
0
0
108
5
46
159
22
12 +22 to 12 +69 -Y53
0
0
55
20
24
99
177(3
23
17 +40 -Y52
9
8
0
0
10
27
0
24
52 +66 -Y52
17
0
0
0
9
26
0
Total
792
75
803
165
243
2,078
1,530
R -2303 E(4)
Total - - 1,336 155 1,491 -
R- 23030)
Total - - 3,859 294 4,153 -
Project Total
Project Total 1,400 135 8,124 859 497 11,015 -

Total Stream Impact for Project: 11,015 linear feet (4,333 linear feet for Sections C & D)
MImpacts authorized in the original 401 certification dated September 24, 2012 and modification dated March 18, 2013.
(2) Authorized in the modification dated February 25, 2013. 3156 ft of pipe will be removed and restored to open channel at Site 22-
Y53 to offset 56ft of impacts. (4) Sections E and F stream impacts are projected based on preliminary design and include perennial
and intermittent systems.
Wetland Impacts in the Cape Fear River Basin
Site
Station
Wetland
Type(l)
Fill
(ac)
Fill
(temporary)
(ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
(ac)
Total
Wetland
Impact
(ac)
Impacts
Requiring
Mitigation
(ac)
R- 2303A(2)
Total 6.73 0 1 -0.04 0.91 0.19 7.87 7.68
R -2303B
Total 4.64 0.12 1 0.30 0.97 4.32 10.35 5.91
R -2303C
1
734 +14 to 739 +72
NR
0.87
0
0.20
0.11
0
1.18
1.18
2
741 +85 to 744 +50
R
0.26
0
0
0.05
0
0.31
0.31
5
769 +44 to 777 +78
NR
0.95
0
0.16
0.20
0
1.31
1.31
6
804 +86 to 807 +86
R
0.10
0
0
0.04
0
0.14
0.14
7
860 +27 to 865 +12
R
2.34
0
0
0.20
0
2.54
2.54
8
881 +97 to 882 +31
R
<0.01
0
0
<0.01
0
<0.01
<0.01
9
867 +38 to 889 +49
R
0.64
0
0
0.05
0
0.69
0.69
10
905 +77 to 907 +41
R
0.25
0
0
0.01
0
0.26
0.26
12
937 +08 to 957 +49
R ,
3.56
0
0.16
0.68
0.23
4.63
4.24
13
955 +51 to 958 +83 (RT)
NR
0.32
0
0
0.06
0
0.38
0.38
14
977 +98 to 981 +52
NR
0.46
0
0.09
0.11
0
0.66
0.66
16
1005 +48 to 1007 +04
NR
0.05
0
0
0.03
0
0.08
0.08
18
1 1035 +56 to 1037 +40
R
0.60
0
0
0.06
0
0.66
0.66
19
1064 +16 to 1067 +95
R
0.49
0
0
0.09
0
0.58
0.58
20
1075 +74 to 1080 +69
R
0.82
0
0
0.13
0
0.95
0.95
21
1082 +39 to 1083 +15
NR
0.04
0
0
0.02
0
0.06
0.06
24
1091 +76 to 1092 +23
NR
<0.01
0
0
0.01
0
0.01
0.01
R -2303C UTILITIES
U 1
734 +78 -L-
NR
0
0
0
0
<0.01
<0.01
0
U2
16 +33 -Y28-
NR
<0.01
0
0
0
0.14
0.14
0
U3
936 +39
R
0
0
0
0
0.02
0.02
0
U4
937 +54
R
<0.01
0
0
0
0.26
0.26
0
U5
942 +21
R
<0.01
0
0
0
0.82
0.82
0
U6
947 +07
R
0
0
0
0
0.02
0.02
0
U7
948 +32
R
<0.01
0
0
0
0.16
0.16
0
U8
955 +66
R
<0.01
0
0
0
0.12
0.12
0
U9
958 +17
NR
0
0
0
0
0.04
0.04
0
U10
978 +43
NR
0
0
0
0
0.01
0.01
0
Ull
979 +24
NR
<0.01
0
0
0
0.13
0.13
0
U12
1005 +40
NR
0
0
0
0
0.19
0.19
0
U13
1075 +13
R
<0.01
0
0
0
0.16
0.16
0
U14
1076 +31
R
<0.01
0
0
0
0.28
0.23
0
U15
1091 +70
NR
<0.01
0
0
0
0.04
0.04
0
GS1
887 +46 to 888 +16
R
0
0
0.03 1
0
0
0.03
0
GS2
889 +23 to 889 +53
R
0
0
0.01
0
0
0.01
0
Total*
11.77
0
0.65
1.87
2.61
16.90
14.09

R -2303D
Station
Site
Station
Wetland
Type(i)
Fill
(ac)
Fill
(temporary)
(ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
(ac)
Total
Wetland
Impact
ac
Impacts
Requiring
Mitigation
ac
1
1106 +95 to 1110+17
R
0.15
0
0
0.10
0
0.25
0.25
2
1106 +68 to 1110 +21
R
0.63
0
0
0.10"
0
0.73
0.73
3
1163 +26 to 1167 +43
NR
0.51
0
0
0.09
0
0.60
0.60
4
1169 +69 to1176 +07
NR
1.25
0
0
0.12
0
1.37
1.37
5
1169 +59 to 1172 +52
NR
0.06
0
0.02
0.07
0
0.15
0.15
6
1197 +30 to 1197 +97
R
0.06
0
0.01
0.03
0
0.10
0.10
7
1199 +32 to 1201 +65
R
0.06
0
0.01
0.04
0
0.11
0.11
8
1204 +71 to 1205 +18
R
0.01
0
0
0.01
0
0.02
0.02
10
1222 +18 to 1225 +09
R
0.32
0
0
0.08
0
0.40
0.40
11
1221 +04 to 1225 +66
R
0.30
0
0
0.13
0
0.43
0.43
12
1224 +08 to 1224 +64
R
0
0
0.02
0
0
0.02
0.02
14
1289 +68 to 1291 +91
R
0.02
0
<0.01
0.03
0
0.05
0.05
15
1292 +13 to 1299 +88
R
1.30
0
0.01
0.19
0
1.50
1.50
16
1295 +68 to 1297 +37
R
0.07
0
0.25
0.04
0
0.36
0.11
18
1301 +67 to 1321 +13
R
1.16
0.33
0.01
0.27
2.00
3.77
1.44
19
1321 +64 to 1329 +01
R
0.41
0
0.01
0.20
0.20
0.82
0.62
19
1324 +00 to 1325 +65 LT
R
0
0
0.10
0
0
0.10
0
21
SRI
NR
0.36
0
0
0.08
0
0.44
0.44
R -2303D UTILITIES
1
1106 +36
R
<0.01
0
0
0
0.07
0.07
0
2
1107 +50
R
0
0
0
0.05
0.05
0
3
1169 +12
NR
<0.01
0
0
0
0.28
0.28
0
4
1222+17
R
<0.01
0
0
0
0.16
0.16
0
5
1319 +83
R
<0.01
0
0
0
0.06
0.06
0
6
1325 +14
R
<0.01
0
0
0
0.18
0.18
0
Total*
6.67
0.33
0.44
1.54
3.00
11.98
8.30
R- 2303E151
Total 1.58 0 1 - - - 1 1.58 -
R- 2303F1s1
Total 21.80 0 1 - - - 1 21.80 -
Project Total
Project Total 53.19 0.45 1 1.43 5.29 10.07 1 70.48 -
Total Wetland Impact for Project: 70.48 (28.88 acres for Sections C & D)
1D Wetland Type: R = Riparian, NR= Non- Riparian,l 1 Impacts authorized in the original 401 certification dated September 24, 2012
and modification dated March 18, 2013.131 Authorized in modification dated February 25, 2013. (4) Denotes a temporary impact.
(5) Sections E and F wetland impacts projected based on preliminary design. *totals may not match sum of individual impacts
due to rounding
Open Water (Ponds /Tributary) Impacts in the Cape Fear River Basin
Site
Station
Permanent Fill in Open
Waters (ac)
Temporary Fill in Open
Waters (ac
Total Fill in Open
Waters (ac)
R- 2303A111
Total 0.72 0 0.72
R -2303B
Total 1.63 0.02 1.65
R -2303C
2
741 +85 to744 +50
0.01
<0.01
0.01
3
755 +00 to 760 +34
1.26
0.08
1.34
4
764 +28 to 765 +07
0.04
0
0.04
5
769 +44 to 777 +78
0.45
0
0.45

10
905 +77 to 907 +41
0.03
<0.01
0.03
11
912 +92 to 913 +67
0.30
0
0.30
15
999 +64 to 1005 +57
3.22
0
3.22
17
1007 +77 to 1010 +99
0.34
0
0.34
Total
5.65
0.08
5.73
R -2303D
16
1292 +00 to 1294 +59
0.35
0
0.35
17
1303 +81 to 1304 +67
0.02
0
0.02
Total
0.37
0
0.37
Total Open Water Impact for Sections A through D: 8.47 acres (6.10 acres for Sections C & D)
*Open Water Impacts for Sections E & F have not been projected based on preliminary design. (1) Impacts authorized
in the original 401 certification dated September 24, 2012 and modification dated March 18, 2013. (2) Authorized in
modification dated February 25, 2013. (3) Mitigation site.
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River
Basin in conjunction with the proposed development 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 and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your modified application dated
received February 15, 2013 and revisions received on April 17, 2013; May 10, 2013; June 4, 2013 and June 7, 2013.
All the authorized activities and conditions of certification associated with the original Water Quality Certification
dated September 24, 2012 and subsequent modifications issued on February 25, 2013 and March 18, 2013 still apply
except where superceded by this certification. Should your project change, you are required to notify NCDWR and
submit 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 the conditions. If any additional wetland impacts,
or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to
remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all
other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and
Erosion control, Coastal Stormwater, Non- discharge and Water Supply watershed regulations. This Certification
shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit.
Condition(s) of Certification:
Project Specific Conditions
1. This modification is applicable only to the additional proposed activities associated with the construction of
Sections C and D. All of the authorized activities and conditions of certification associated with the original
Water Quality Certification dated September 24, 2012 and subsequent modifications issued on February 25,
2013 and March 18, 2013 still apply except where superseded by this certification.
2. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre- construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the
pre - construction meeting.
3. The project must be constructed in accordance with the Stormwater Management Plan submitted in the
revised application dated received April 17, 2013.
4. Native material shall be placed inside of the reinforced concrete box culverts at Permit Site 2 (Sta. 1109 +25)
and Permit Site 12 (Sta. 1224 +46) to create a natural streambed within the culvert that matches the upstream
and downstream profile and dimensions. If possible, the material placed inside of the culvert should be the
same native material that is excavated from the streambed during the construction of these structures.
5. Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland
impact area from re- attaining jurisdictional wetland status; the permittee shall provide an update on the

wetland areas temporarily impacted at Site 18 (Sta.. 1301 +67 to 1321 +13). This update shall be conducted a
minimum of two growing seasons after completion of the work at Site 18 and shall consist of photographs
and a brief report on the progress of the areas in re- attaining wetland jurisdictional status. Upon submission
of this update to NCDWR, the permittee shall schedule an agency field meeting with the NCDWR to
determine if the wetland areas temporarily impacted by this project have re- attained jurisdictional wetland
status. If the wetland areas temporarily impacted by this project have not re- attained jurisdictional wetland
status, NCDWR shall determine if compensatory wetland mitigation is be required.
6. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream
channel, on the stream bank, or within 5 feet of the top of bank. A turbidity curtain will also be installed in
ponds that require the installation of rip rap embankment. This condition can be waived with prior
approval from DWR.
R -2303C Compensatory Mitigation
7. Compensatory mitigation for 1,650 linear feet of impact to streams is required for the construction of R-
2303C. Mitigation will be provided through a combination of both onsite and offsite mitigation. Mitigation
will be credited as detailed below:
a. The NCDOT will provide compensatory mitigation for impacts to 550 linear feet of stream by
performing onsite stream restoration at R -2303C Mitigation Site 1 at the required 1:1 ratio. The
onsite stream restoration shall be constructed in accordance with the mitigation plan dated February
22, 2013 submitted in your application.
b. Proper measures will be taken to drain the pond at this site with limited impact to upstream and
downstream channel stability as well as to native aquatic species. Proper measures will be taken to
avoid sediment release and/or sediment accumulation downstream as a result of pond draining. If
typical, pond draining techniques will create significant disturbance to native aquatic species,
additional measures such as collection and relocation may be necessary to prevent a significant fish
kill. NCDOT shall consult with NC Wildlife Resources staff to determine if there are any sensitive
species, and the most appropriate measures to limit impacts to these species. The permittee shall
observe any natural channel re- establishment, or utilize natural channel construction techniques, to
ensure that the jurisdictional stream channel above and below the drained pond remain stable, and
that no additional impacts occur within the natural stream channel as a result of draining the pond.
c. All on -site mitigation sites shall be protected in perpetuity by a conservation easement or through
NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation
geodatabase. Please be reminded that as- builts for the stream restoration shall be submitted to the
North Carolina Division of Water Resources Transportation Permitting Unit with the as- builts for
the rest of the project. If the parameters of this condition are not met , then the permittee shall
supply additional stream mitigation for the 550 linear feet of restoration.
d. The permittee shall visually monitor the vegetative plantings to assess and ensure complete
stabilization of the mitigation stream segments. Riparian area success shall be determined by
conducting stem counts to ensure a tree survival rate of 320 stems /acre. The monitoring shall be
conducted annually for a minimum of 3 years after final planting. Photo documentation shall be
utilized to document the success of the riparian vegetation and submitted to NCDWR in a final
report within sixty (60) days after completing monitoring. After 3 years the NCDOT shall contact
NCDWR to schedule a site visit to "close out" the mitigation site.
We understand that you have chosen to perform compensatory mitigation for the remaining 1,100
linear feet of impacts to streams through the North Carolina Ecosystem Enhancement Program
(EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has indicated in
a letter dated June 25, 2013 that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above - referenced project, in accordance
with the EEP Mitigation Banking Instrument signed July 28, 2010.

8. Compensatory mitigation for 14.09 acres of wetlands (10.40 acres of riparian wetlands and 3.69 acres of non -
riparian wetlands) is required for the construction of R- 2303C. Mitigation will be provided through a
combination of both onsite and offsite mitigation. Mitigation will be credited as detailed below:
a. The NCDOT will provide compensatory mitigation for impacts to 2.50 acres of riparian wetlands by
performing onsite riparian wetland restoration at R -2303C Mitigation Site 1 at the required 1:1 ratio.
The onsite wetland restoration shall be constructed in accordance with the mitigation plan dated
February 22, 2013 submitted in your application.
b. All on -site mitigation sites shall be protected in perpetuity by a conservation easement or through
NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation
geodatabase.
Vegetation success shall'be measured by survivability over a 5 -year monitoring period.
Survivability will be based on 320 stems /acre after three (3) years and 260 stems after five (5)
years. A survey of vegetation during the growing season shall be conducted annually over the
five -year monitoring period and submitted to the NC Division of Water Resources. If the
surviving vegetation densities are below the required thresholds after the five -year monitoring
period, the site may still be declared successful at the discretion of and with written approval from
the NC Division of Water Resources.
d. Compensatory mitigation for 0.55 acres of riparian wetland impacts will be provided from the
surplus of mitigation credits to be provided at R -2303B Mitigation Sites I and 2.
e. We understand that you have chosen to perform compensatory mitigation for the remaining 7.35
acres of impacts to riparian wetlands and the 3.69 acres of impacts to non riparian wetlands through
the North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to
implement the mitigation for the project. EEP has indicated in a letter dated June 25, 2013 that they
will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation
requirements for the above - referenced project, in accordance with the EEP Mitigation Banking
Instrument signed July 28, 2010.
Based on the above information, stream and wetland mitigation for R -2303C can be summarized as follows:
Mitigation
Source
Stream Type
Mitigation Credits
Required
Debit
Ratio
Debits required
(linear feet)
On Site Restoration
Warm
550 if
1:1
550 If
EEP
Warm
1,100 If
1:1
1,100 if
STREAM
TOTAL:
1,650 If
2:1
1,650 if
Mitigation
Source
Wetland
Type
Mitigation Credits
Required
Debit
Ratio
Credits or Debits
(acres) Required
On Site Restoration
Riparian
2.5
1:1
2.5 (acres)
On Site Restoration
Riparian
0.55
1:1
0.55 (acres)
EEP
Riparian
7.35
2:1
14.70 (credits)
EEP
Non Riparian
3.69
2:1
7.38 (credits)
R -2303D Compensatory Mitigation
9. We understand that you have chosen to perform compensatory mitigation for the 1,530 linear feet of impacts
to streams associated with the construction of R -2303D through the North Carolina Ecosystem Enhancement
Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has indicated
in a letter dated June 25, 2013 that they will assume responsibility for satisfying the federal Clean Water Act
compensatory mitigation requirements for the above - referenced project, in accordance with the EEP
Mitigation Banking Instrument signed July 28, 2010.

10. Compensatory mitigation for 8.30 acres of wetlands (5.74 acres of riparian wetlands and 2.56 acres of non -
riparian wetlands) is required for the construction of R- 2303D. Mitigation will be provided through a
combination of both onsite and offsite mitigation. Mitigation will be credited as detailed below:
a. The NCDOT will provide compensatory mitigation for impacts to 2.68 acres (2.42 acres of
restoration and 0.26 acre of enhancement onsite at R -2303D Mitigation Site 1 and R -2303D
Mitigation Site 2. The onsite wetland restoration shall be constructed in accordance with the
mitigation plan dated February 22, 2013 submitted in your application.
b. All on -site mitigation sites shall be protected in perpetuity by a conservation easement or through
NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation
geodatabase.
c. Vegetation success shall be measured by survivability over a 5 -year monitoring period.
Survivability will be based on 320 stems /acre after three (3) years and 260 stems after five (5)
years. A survey of vegetation during the growing season shall be conducted annually over the
five -year monitoring period and submitted to the NC Division of Water Resources. If the
surviving vegetation densities are below the required thresholds after the five -year monitoring
period, the site may still be declared successful at the discretion of and with written approval from
the NC Division of Water Resources.
d. We understand that you have chosen to perform compensatory mitigation for the remaining 3.06
acres of impacts to riparian wetlands and the 2.56 acres of impacts to non riparian wetlands through
the North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to
implement the mitigation for the project. EEP has indicated in a letter dated June 25, 2013 that they
will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation
requirements for the above - referenced project, in accordance with the EEP Mitigation Banking
Instrument signed July 28, 2010.
Based on the above information, wetland mitigation for R -2303D can be summarized as follows:
Mitigation
Source
Wetland
Type
Mitigation Credits
Required
Debit
Ratio
Credits or Debits
(acres) Required
On Site Restoration
Riparian
2.42
1:1
2.42 (acres)
On Site Enhancement
Riparian
0.26
5:1
1.30 (acres)
EEP
Riparian
3.06
2:1
6.12 (credits)
EEP
Non Riparian
2.56
2:1
5.12 (credits)
11. Success of the mitigation site shall be determined by NCDWR during an on -site visit at or near the end of the
monitoring period.
12. When final design plans are completed for R -2303 Section(s) E and F, a modification to the 401 Water
Quality Certification shall be submitted with five copies and fees to the NC Division of Water Resources.
Final designs shall reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands,
streams, and other surface waters, and buffers. No construction activities that impact any wetlands, streams,
surface waters, or buffers located in R -2303 Section(s) E through F shall begin until after the permittee
applies for, and receives a written modification of the 401 Water Quality Certification and the from the NC
Division of Water Resources.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
If you wish to contest any statement in the attached Certification 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 sixty (60) 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 8:00am' and 5:OOpm, 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)- 431 -3000, Facsimile: (919) -431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 25th day of September 2014
DIVISION OF WATER RESOURCES
0�b 04"., I
�I
Thomas A. Reeder
WQC No. 3942