20120916 Ver 1_Approval Letter_20130208

FWA
106ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, ill
Governor Director Secretary
February 8, 2013
NC Ecosystem Enhancement Program
Attn: Jeff Jurek
116 West Jones Street, Suite G111
Raleigh, NC 27603
DWQ Project # 20120916
Onslow County
Subject Property: UT to Mill Swamp Mitigation Project, Richlands
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr.Jurek:
You have our approval, in accordance with the attached conditions and those listed below, to conduct
mitigation activities within 5,141 feet of streams at the subject property, as described within your
application dated November 27, 2012 and received by the N.C. Division of Water Quality (DWQ) In the
Wilmington Regional Office (WiRO) on January 3, 2012. 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 29 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 or CAMA Permit.
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 ISO linear feet of stream, compensatory mitigation may be required as
described in 15A NCAC 21-1.0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]
Internet: www.nrwateroualifir.ora
An Equal Opportunity %Affirmative Action Employer
NorthCarolina
Nawhq&

NC Ecosystem Enhancement Program
Attn: Jeff Jurek
DWQ Project # 20120916
February 8, 2013
Page 2 of 7
Conditions of Certification:
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:
2. 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 permiee 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.
3. 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.
Amount Approved. nits
Plan Location or Reference
Stream Impacts
Enhancement
UTla 6001f
Sheet 4 of 29 (attached)
Restoration
UTIb 2,1311f
Sheet 4, 5 & 6 of 29 (attached)
Restoration
UTlc 1,350 if
Sheet 6 & 7 of 29 (attached)
Restoration
UT3 1,060 if
Sheet 5 & 8 of 29 attached
404/401 Wetlands
N/A
Waters
N/A
Buffers
N/A
2. 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 permiee 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.
3. 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.

NC Ecosystem Enhancement Program
Attn: Jeff Jurek
DWQ Project # 20120916
February 8, 2013
Page 3 of 7
4. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
( hqp:// www.ncdot.org/doh/operationsBMP manual/downloadBMP Manual.pdo such as sandbags,
rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing
water.
5. Culverts
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re- established or, if the pipes are installed in a perched manner, the pipes
shall be removed and re- installed correctly.
All authorized culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed by one foot for all culverts with a diameter greater than 48
inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,
to allow low flow passage of water and aquatic life. Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner that
may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and
downstream of the above structures.
The applicant is required to provide evidence that the equilibrium shall be maintained if requested
in writing by DWQ. Culverts shall be placed so that the opening(s) match the natural stream
channel wherever possible. Bank -full flows (or less) shall be accommodated through
maintenance of the existing bank -full channel. Additional culverts shall be allowed only to
receive flows exceeding bank -full. The low flow pipes should be aligned with the deepest part of
the stream channel, so that flow is maintained during low flow conditions. Field adjustments of
the culvert placements may be necessary to correctly install the culverts. See also the DOT
manual at above mentioned website for culvert installation.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip -rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality. All approved rip -rap shall be appropriately keyed in and only placed in wetland
and stream areas that have permitted impacts.
6. Any final construction plans for this project must include or reference the application and
plans approved by the DWQ under this authorization letter and certification.
7. 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

NC Ecosystem Enhancement Program
Attn: Jeff Jurek
DWQ Project # 20120916
February 8, 2013
Page 4 of 7
8. 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 NC Ecosystem Enhancement Program
(EEP) and its authorized agents /contractors so that no violations of state water quality standards,
statutes, or rules occur.
Any violations of this condition including turbidity and failed silt fences MUST be reported
to the Wilmington Regional Office immediately at 910.796.7215.
The Division suggests that the construction plans contain notes requiring the contractor to
side cast the material from the trenching from the silt fence installation onto high ground or
onto the permitted wetland impact side to avoid unpermitted wetland impacts.
9. 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 Land Resources has released the project;
10. 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. Please contact this Office
prior to construction for an on -site meeting with a representative of the Division to explain
this general permit and the Division's expectations.
11. 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 these phases if the Division
has any concerns about the project's compliance.
12. Continuing Compliance:
The NC Ecosystem Enhancement Program and its authorized agents /contractors shall conduct its
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. NC Ecosystem Enhancement Program 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 and associated permit drawings shall be included in the construction

NC Ecosystem Enhancement Program
Attn: Jeff Jurek
DWQ Project # 20120916
February 8, 2013
Page 5 of 7
contract and available on the job site at all times. 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 2H.0507(d). Before modifying the certification, the Division shall notify NC Ecosystem
Enhancement Program 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 NC Ecosystem
Enhancement Program 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.
13. 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.
14. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0211. Appropriate sediment and erosion control practices must be
used to meet this standard. Any violations to the turbidity standard need to be reported to the
Wilmington Regional Office at 910.796.7215.
15. Sensitive Watershed Erosion and Sediment Control Practices
The UTs to Mill Swamp are classified by the NC Division of Water Quality as C; NSW,
qualifying them as a sensitive watershed. Sediment and erosion control measures shall adhere to
the design standards for sensitive watersheds [15A NCAC 4B .0124] throughout the life of this
project. See NCDOT publication, Best Management Practices for the Protection of Surface
Waters (March 1997).
16. Certificate of Completion
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate
of Completion' form to notify NCDWQ when all work included in the §401 Certification has
been completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality 1650 Mail Service Center, Raleigh, NC,
27699 -1650 upon completion of the project.

NC Ecosystem Enhancement Program
Attn: Jeff Jurek
DWQ Project # 20120916
February 8, 2013
Page 6 of 7
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 or CAMA 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
A copy of the petition must also be served on DENR as follows:
Mr. William Cary, 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 Quality under Section 401 of the Clean Water
Act. If you have any questions, please contact Karen Higgins in the Central Office in Raleigh at
919.807.6364 or Karen.Higgins @ncdenr.gov or Joanne Steenhuis in the DWQ Wilmington Regional
Office at 910.796.7306 or Joanne.Steenhuis @ncdenr.gov.
Sincerely,
c . 1-P--91Lr
Ch Wakild, P.E., Director
Division of Water Quality
Enclosures: GC 3885
Certificate of Completion

NC Ecosystem Enhancement Program
Attn: Jeff Jurek
DWQ Project # 20120916
February 8, 2013
Page 7 of 7
cc: Robert Gregory and Tammie Justice - Owners
Tyler Crumbley -USACE Wilmington Regulatory Program
Karen Higgins — DWQ 401 Wetlands Unit
Karl Hammers - DEMLR Wilmington Regional Office
Stephen Rynas - DCM Morehead City
WiRO

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GRAPHIC SCALES
NORTH CAROLnNA
ECOSYSTEM ENHANCEMENT PROGRAM
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LOCATIOK. APPROX. 3 MILES NORTHWEST OF 77M TOWN OF RICHUNDS
77PE OF WORD: STREAM AND WETLAND RESTORATION
AND ENHANCEMEIVT
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NCI 124578 1 1 29
DESIGN SUMMARY
40 0 2 4o go EXISTING STREAM LENGTH UT1 (TOTAL) = 4,091
PROPOSED ENHANCEMENT STREAM LENGTH UTIA - 600
PLANS PROPOSED RESTORATION STREAM LENGTH UTIB = 2,068
40 20 40 5D PROPOSED RESTORATION STREAM LENGTH UT1C = 1,453
PROFILE (HORIZONTAL) PROPOSED RESTORATION 4.0 AI
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NCDENR
ECOSYSTEM ENHANCEMENT PROGRAM
1652 MAIL SERVICE CENTER
RALEIGH, NC 27699 -1652
NCEEP CONTACT. KRISTIN MIGUEZ
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WILLIAM SCOTT HUNT, III, PE
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INDEX OF SHE
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TITLE SHEET
1,A . • •
STREAM CONVENTIONAL SYMBOLS
OENERALNOTES
STANDARD SPEWICATIONS
VEGETATION SELECTION
1-B ...
NCDOT CONVENTIONAL SYMBOLS
2.2C ...
STRUCTURE DETAILS
3 ...
GENERAL CONSTRUCTION SEWENCE
4-8 ...
PLAN VIEW
8.10 • • •
PROFILES
1143 ...
GRADING PLAN
14-18 • • •
REVEGETATION PLAN
ECt - EC7 • • •
EROSION CONTROL PLAN
GRAPHIC SCALES
NORTH CAROLnNA
ECOSYSTEM ENHANCEMENT PROGRAM
DOM&)?
LOCATIOK. APPROX. 3 MILES NORTHWEST OF 77M TOWN OF RICHUNDS
77PE OF WORD: STREAM AND WETLAND RESTORATION
AND ENHANCEMEIVT
-R+" I WQ mm r WWAM nn
NCI 124578 1 1 29
DESIGN SUMMARY
40 0 2 4o go EXISTING STREAM LENGTH UT1 (TOTAL) = 4,091
PROPOSED ENHANCEMENT STREAM LENGTH UTIA - 600
PLANS PROPOSED RESTORATION STREAM LENGTH UTIB = 2,068
40 20 40 5D PROPOSED RESTORATION STREAM LENGTH UT1C = 1,453
PROFILE (HORIZONTAL) PROPOSED RESTORATION 4.0 AI
c�
Amaidilielimem nt
NCDENR
ECOSYSTEM ENHANCEMENT PROGRAM
1652 MAIL SERVICE CENTER
RALEIGH, NC 27699 -1652
NCEEP CONTACT. KRISTIN MIGUEZ
fowl= be�uoea
LSTAM DAM
WILLIAM SCOTT HUNT, III, PE
PROP= mama=
KAYNE VAN STELL
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