20130186 Ver 1_Approval Letter_20141003

Pat McCrory John E. Skvarla, III
Governor Secretary
October 3, 2014
DWR # 13 -0186
Sampson County
North Carolina Ecosystem Enhancement Program
Attn' Lin Xiu
1652 Mail Service Center
Raleigh, NC 27699 -1652
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Cedar Creek Stream and Wetland Mitigation Project
Dear Lin Xiu,
You have our approval for the impacts listed below for the purpose described in your application dated
September 8, 2014, received by the Division of Water Resources (Division) September 10, 2014 These
impacts are covered by the attached Water Quality General Certification Number 3885 and the
conditions listed below This certification is associated with the use of Nationwide Permit Number 27
once it is issued to you by the U S Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations
This approval requires you to follow the conditions listed in the enclosed certifications) or general
permit and the following additional conditions
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification, General Permit and /or Buffer Rules are met. No other impacts
are approved, including incidental impacts
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
2,035 (linear feet)
1140 (linear feet)
Wetland
(acres)
0 02 (acres)
2 This approval is for the purpose and design described in your application The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
Fayetteville Regional Office
225 Green Street, Suite 714, Fayetteville, North Carolina 28301 -5095
Main Phone [phone] Internet http / /www ncdenr gov
An Equal Opportunity 1 Affirmative Action Employer —Made in part by Recycled Paper

Cedar Creek Stream and Wetland Mitigation Project
DWR# 13 -0186
401 APPROVAL
Page 2 of 4
application package with the appropriate fee If the property is sold, the new owner must be
given a copy of this approval letter and General Certification (s) /Permit /Authorization and is
responsible for complying with all conditions.
3 No Waste, Spoil, Solids, or Fill of Any Kind
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. 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 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
5 No Sediment & Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
prior approval by the Division If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, 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 sediment and
erosion control devices shall be removed and the natural grade restored within two (2) months
of the date that the Division of Land Resources or locally delegated program has released the
project.

Cedar Creek Stream and Wetland Mitigation Project
DWR# 13 -0186
401 APPROVAL
Page 3 of 4
6. Mitigation Credit
Approval of the restoration plan and issuance of the 401 Water quality Certification means that
DWR 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.
7. 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 DWR Wetland & Buffer Permitting Unit at: 1650 Mail Service
Center, Raleigh, North Carolina 27699 -1650
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) A petition form
maybe obtained from the OAH at http• / /www.ncoah com/ or by calling the OAH Clerk's Office at (919)
431 -3000 for information
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH A
petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is
received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm,
excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Mailing address for the OAH-
If sending by First Class Mail
via the US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e.g. UPS, FedEx)
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

Please send one (1) copy of the petition to DWR
If sending by First Class Mail
via the US Postal Service
Karen Higgins
NC DENR -DWR —Wetlands & Buffer
Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
Cedar Creek Stream and Wetland Mitigation Project
DWR# 13 -0186
If sending via delivery service
(e g. UPS, FedEx).
Karen Higgins
NC DENR -DWR— Wetlands & Buffer
Permitting Unit
512 N Salisbury Street
Raleigh, NC 27604
401 APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Chad Turlington at (910) 433 -3320 or chad.turlington @ncdenr gov if you have any questions or
concerns.
Sincerely,
Belinda S. Henson
Regional Supervisor
DWR Fayetteville Regional Office
Enclosures- GC 3885
Certificate of Completion
CC. David Godley — Environmental Banc & Exchange (via email)
Emily Hughes - USACE Wilmington Regulatory Field Office (via email)
DWR FRO 401 files
Karen Higgins - DWR Wetlands & Buffer Permitting Unit

Water Quality Certification No, 3885
27 (WETLAND AND RIPARIAN RESTORATION AND CREATIVE!),
AND REGIONAL PERMIT 197800080 (BULKHEADS AND RIPRAP)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3885 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 Regulations in 15A NCAC 02H 0500 and 15A NCAC 02B 0200 for the
discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (13 and 27) and
Regional Permit 197800080 and for the Riparian Area Protection Rules (Buffer Rules) in 15A
NCAC 02B 0200
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92 -500 and
95 -217 if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division" ►:
a) All proposed fill or modification of wetlands and/or waters, including streams and
streambanks, regardless of the purpose of the restoration, enhancement, stabilization, or
creation activity, except for single and independent projects involving in- stream structures
for the sole purpose of streambank stabilization, which are designed based on current
natural channel techniques, and do not exceed a total of three structures within 100 feet
or less of streambank, or
b) Any stream relocation, or
c) Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection
which utilize non- natural armoring such as riprap, gabion baskets, deflection walls etc of
greater than 150 feet in streambank length, or
d) for Nationwide Permit 13 °f6r erosion protection
which utilize natural streambank sloping, vegetation, and other natural channel protection
techniques of greater than 500 feet of streambank length, or
e) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of DWQ Wetland Rules (15A NCAC 02H 0500), isolated Wetland Rules (15A NCAC 02H
1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B 0200), or
f) Any impacts to streams and /or buffers in the Neuse, Tar - Pamlico, or Catawba River
Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time of
application) unless the activities are listed as "EXEMPT" from these rules or a Buffer
Authorization Certificate is issued through N C Division of Coastal Management (DCM)
delegation for "ALLOWABLE" activities
In accordance with North Carolina General Statute 143 -215 3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee If a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees
Water Quality Certification No 3885

Water Quality Certification No. 3885
Activities included in this General Certification that do not meet one of the thresholds
listed above do not - require written approval from the Division as long as they comply with
the Conditions of Certification-listed below. If any of these Conditions cannot be met, then
written approval from the Division is required.
Conditions of Certification
1 Activities shall meet the definitions, design, and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District Regulatory Guidance Letter (RGL02 -02) and
the Stream Mitigation Guidelines (April 2003) or any subsequent updates to these
documents
2 No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
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, as
authorized in the written approval from the Division or beyond the thresholds established for
use of this Certification without written authorization, 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 Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit
3 Standard Erosion and 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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site-
a 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
b 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.
c 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
d Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times
e If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B 0124, Design Standards in Sensitive Watersheds
Water Quality Certification No 3885 2

Water Quality Certification No, 3885
4 No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
Exceptions to this condition require application submittal to and written approval by the
Division 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, stream beds, or banks,
adjacent to or upstream and downstream of the above structures All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project
5 Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self - monitoring, record keeping
and reporting requirements is required A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at
http•//portal ncdenr.org/web/wq/Ws/su/npdessw#tab-w
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit
6 Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i a sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities
_ AII_moratonums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval /post - larval fishes and crustaceans, or other aquatic species of concern shall be
implemented Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium
Work within the twenty -five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and /or DMF personnel
7 Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water
Exceptions to this condition require application submittal to and written approval by the
Division
Water Quality Certification No 3885

Water Quality Certification No. 3885
8 Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar - Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be I,mited
to "uses" identified within and constructed in accordance with 15A NCAC 02B 0233, 0259,
0243, 0250, 0267 and 0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices All buffer rule requirements, including diffuse
flow requirements, must be met
9 If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills
10 All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion
11 All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and E
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis- equilibrium during use of this General Certification
12 Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity All rip -rap shall buried and /or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained Placement of rip -rap or
other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area
13 Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants Rip -rap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures
14 A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams Any fertilizer application must comply with all other Federal, State and Local
regulations
15 Applications for riprap groins proposed in accordance with 15A NCAC 07H 1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Riprap
Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design
and construction specified in 15A NCAC 07H 1405
Water Quality Certification No 3885 4

Water Quality Certification No. 3885
16 Compensatory Mitigation
In accordance with 15A NCAC 02H 0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and /or equal to or greater than one (1) acre of wetlands For linear public transportation
projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for activities classified as "Allowable with Mitigation" or "Prohibited" within the
Table of Uses
A determination of buffer, wetland, and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide and /or Regional General Permit
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols The mitigation plan must be implemented and /or constructed before any impacts
occur on site Alternatively, the Division will accept payment into an in -lieu fee program or a
mitigation bank. In these cases, proof of payment shall be provided to the Division before
any impacts occur on site
17 If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse
18 In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required
19 This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals
20 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
21 When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699 -1650.
22 Additional site - specific conditions, including monitoring and /or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards
23 This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours
Water Quality Certification No 3885

Water Quality Certification No. 3885
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and /or Regional General Permit The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification
Non - compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and /or civil
penalties
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality
Effective date March 19, 2012
DIVISION OF WATER QUALITY
By
Charles Wakdd, P E
Director
History Note- Water Quality Certification (WQC) Number 3885 issued March 19, 2012 replaces
WQC Number 3689 issued November 1, 2007, WQC Number 3626 issued March, 2007, WQC
Number 3495 issued December 31, 2004, and WQC Number 3399 issued March 2003 This
General Certification is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and /or Regional General Permits and /or when deemed appropriate by
the Director of the Division of Water Quality
Water Quality Certification No 3885 6
3
r
t

&'4
%V
HCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
John E Skvarla, III
Secretary
DWR Project No County
Applicant
Project Name
Date of Issuance of 401 Water Quality Certification
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 this certificate to the DWR Central Office —
Wetlands and Buffers Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27699 -1650 This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer It is not necessary
to send certificates from all of these
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials
Signature
Agent's Certification
Date
1, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials
Signature
Date
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i e, Engineer,
Landscape Architect, Surveyor, etc ) in the State of North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and
Buffer Rules, the approved plans and specifications, and other supporting materials
Signature
Date
Registration No
Fayetteville Regional Office
225 Green Street, Suite 714, Fayetteville, North Carolina 28301 -5095
Main Phone [phone] Internet http / /www ncdenr gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by Recycled Paper