20091018 Ver 1_Approval Letter_20110126

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
January 26, 2011
HanPen Land Company, LLC
Attn: Richard L. Burrows
Buyers, Brokers and Consultants, Inc.
Attn: Jim F. Teachey
1430 Commonwealth Drive
Suite 102
Wilmington, NC 28403
DWQ Project # 2009 1018
Pender County
Subject Property: Sandstone Mine Road Crossing, Hampstead
Approval of 401 Water Quality Certification with Additional Conditions
Dear Messrs. Burrows and Teachey:
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact
0.132 acres and temporarily impact 0.005 acres of jurisdictional wetlands for the purpose of a second access road
with a bridge to an existing mine, as described within your application dated September 17, 2009 and revised
October 18, 2010 and additional information received on October 19, 2010, December 20, 2010 and on January
245 2011. After reviewing your application, it has been determined that the impacts are covered by General Water
Quality Certification Number 3820 (GC3820). The Certification(s) allows you to use Nationwide Permit 14
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, and stormwater 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.
This approval is for the purpose and design that you described in your application. The approved plans and
specifications for this project are incorporated by reference and are an enforceable part of the permit. 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 on the following pages.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
NorthCarolina
Naturally
Customer Service 1-877-623-6748
Page Two
HanPen Land Company, LLC
Attn: Richard L. Burrows
Buyers, Brokers and Consultants, Inc.
Attn: Jim F. Teachey
DWQ # 2009 1018
January 26, 2011
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:
Amount Approved (Units) Plan Location or Reference
404/401 Wetlands
Permanent
Temporary
0.132 acres (5,763 sq ft)
0.005 acres 204 s ft) Wetland Impact Plan C-1
Received 1/24/2011 in WiRO
(attached)
Coastal Wetlands N/A
Stream N/A
2. Sedimentation 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.
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. No Sediment & Erosion Control Measures within Wetlands or Waters
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.
Page Three
HanPen Land Company, LLC
Attn: Richard L. Burrows
Buyers, Brokers and Consultants, Inc.
Attn: Jim F. Teachey
DWQ # 2009 1018
January 26, 2011
5. Wetland Boundary Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing;
6. "Re-opener" Clause
HanPen Land Company, LLC and Buyers, Brokers and Consultants, Inc. and their authorized agents shall
conduct their 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. HanPen Land Company, LLC and Buyers, Brokers
and Consultants, Inc. shall require their contractors (and/or agents) to comply with all of the terms of this
Certification, and shall provide each of their 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. If DWQ 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, DWQ 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, DWQ shall notify HanPen Land
Company, LLC and Buyers, Brokers and Consultants, Inc. 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 211.0504. Any new or revised conditions shall be provided to 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.
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 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
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, 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.
Page Four
HanPen Land Company, LLC
Attn: Richard L. Burrows
Buyers, Brokers and Consultants, Inc.
Attn: Jim F. Teachey
DWQ # 2009 1018
January 26, 2011
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone Ian McMillan in the Central Office in Raleigh at 919.807.6364 or
Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,

Coleen H. Sullins, Director
Division of Water Quality
Attachments
Enclosures: GC 3820
Certificate of Completion
cc: Dana Lutheran - SEGi
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Ronnie Smith - USACE Wilmington Regulatory Field Office
Stephen Rynas - DCM Morehead City
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