20090565 Ver 1_Approval Letter_20110221

Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
February 21, 2011
Weyerhaeuser Real Estate Development Company (WREDCO)
Attn: Mr. Taylor Downey
NC State Forestry Foundation (NCSFF)
Attn: Mr. Glenn Catts
1412 Eatonon Hwy, Suite 700
Madison, GA 30650
Dee Freeman
Secretary
DWQ Project # 09 0565
Onslow County
Subject Property: Bachelors Delight Stream and Wetland Mitigation Bank, Richlands
Approval of 401 Water Quality Certification with Additional Conditions
Dear Messrs. Taylor and Catts:
You have our approval, in accordance with the attached conditions and those listed below, to
construct/restore streams and wetlands for the purpose of constructing a mitigation bank, as described
within your Pre-Construction Notification (PCN) dated December 21, 2010 and received by the Division
of Water Quality (DWQ) Wilmington Regional Office (WiRO) on January 6, 2011. After reviewing
your application, we have decided that the impacts are covered by General Water Quality Certification
Number 3689 (GC 3689). The Certification allows you to use the Nationwide 27 (NW 27) permit when
issued by the US Army Corps of Engineers. 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 Permit.
This approval is for the purpose and design that you described in your application and in your approved
mitigation Banking instrument (MBI). 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: wtivw.ncwateraualify.org
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
North Carolina
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Customer Service 1-877-623-6748
Page Two
WREDCO/NCSFF
Attn: Mr. Taylor Downey and Mr. Glenn Catts
DWQ Project # 09 0565
February 21, 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
Stream Impacts Figure 5, 5A, 5B, 5C and 5D
Temporary 2,311 if to Hewitts Branch (attached)
6,341 If to Huffmans Branch Also the MBI
404/401 Wetlands Figure 5, 5A, 5B, 5C and 5D
Temporary 14.31 acres Also the MBI
Open Water
Permanent 1.24 acres Figure 5 and 5C and the MBI
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in frill 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.
Sediment and erosion control measures shall be in place to protect wetlands and waters
within and around the project area
Page Three
WREDCO/NCSFF
Attn: Mr. Taylor Downey and Mr. Glenn Catts
DWQ Project # 09 0565
February 21, 2011
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 application. 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. Please notify DWO ifANY turbidity issues arise during this
proiect at 910.796.7215.
4. No Sediment & Erosion Control Measures w/n 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.
5. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by
this permit [applicable to construction projects that disturb one (1) or more acres], full
compliance with permit conditions including the sedimentation control plan, self-monitoring,
record keeping and reporting requirements are required. A copy of this permit and monitoring
report forms may be found at http: //h2o. enr. state nc us/su/Forms Documents htm.
Continuing Compliance:
6. Mr. Taylor Downey of WREDCO and Mr. Glenn Catts of NCSFF, shall conduct construction
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. If the Division 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, the
Division may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 21-1.05 07(d).
Before modifying the Certification, the Division shall notify Mr. Taylor Downey of WREDCO and
Mr. Glenn Catts of NCSFF and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 21-1.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 21-1.0504. Any new or revised conditions shall be provided to Mr. Taylor
Downey of WREDCO and Mr. Glenn Catts of NCSFF 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;
Page Four
WREDCO/NCSFF
Attn: Mr. Taylor Downey and Mr. Glenn Catts
DWQ Project # 09 0565
February 21, 2011
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, the Mitigation Banking Instrument and as
authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
waters 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. If you have any questions, please telephone Ian McMillan in the Central Office in Raleigh at
919.806.6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,

Coleen H. Sullins, Director
J
Division of Water Quality
Enclosures: GC 3689
Certificate of Completion
cc: Kim Williams - Land Management Group
Mickey Sugg - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Doug Huggett - DCM Morehead City
Tammy Hill - DWQ 401 Unit
WiRO

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