20120102 Ver 1_Approval Letter_20130311

N
N *_ WA
NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
March 11, 2013
DWQ # 12 -0102
Person County
NCDENR - NC Ecosystem Enhancement Program
Attn: Jeff Jurek
217 West Jones Street, Suite 3000A
Raleigh, NC 27603
Subject Property: Approval of 401 Water Quality Certification
Byrds Creek Mitigation Project
Dear Mr. Jurek:
You have our approval, in accordance with the attached conditions and those listed below, to
temporarily impact 0.19 acre of wetlands and to temporarily impact 7,477 linear feet of stream,
as described within your application received by the N.C. Division of Water Quality (Division) on
February 7, 2013. The impacts are covered by General Water Quality Certification Number(s)
3885, which allows you to use Nationwide Permit(s) NW27 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 other regulations. 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. 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. This approval requires you
to follow the conditions listed in the attached certification and any additional conditions
listed below.
The Additional Conditions of the Certification are:
I. 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:
Wetlands, Buffers, Stornwater — Compliance and Permithng (Webscape) Unit
1650 Mail Service Center, Ralegh, North Carolina 27699 -1650
Locahom 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone. [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet, www.ncwaterqualdr org
t41t eCarolina
urJa

Byrds Creek Site EEP
Page 2 of 3
March 11, 2013
Type of Impact
Amount Approved (Units)
Plan Location or Reference
Wetland —temporary
0.19 (acres)
PCN pg 4 of 10
Stream - temporary
7,477 (linear feet)
PCN pg 4 of 10
2. 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 activities to ensure
compliance with 15 NCAC 02H .0500.
3. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording
of the property, or of individual lots, whichever is appropriate. A sample deed notification
can be downloaded from the Wetlands, Buffers, Stormwater, Compliance and Permitting
Unit web site at:
http: / /t)ortal.ncdenr.orpJ web /wa /swo /ws /401 /certsandnermits /apply /forms. The text of
the sample deed notification may be modified as appropriate to suit to this project.
4. Certificate of Completion
The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
http: l/ portal.ncdenr.orpJweb /wa /swo /ws/ 401 /certsand permits /apply /forms).
5. Mitigation Credit
Approval of the restoration plan and issuance of the 401 Water Quality Certification mean
that DWQ has determined that the proposed activity will not remove or degrade significant
existing uses of the surface water [15A NCAC 21-1.0506 (a)]. The issuance does not represent
an approval of credit yield for the project.
You can contest this Certification 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.
You may obtain a petition form from the Office of Administrative Hearings at
http: /Iwww.ncoah.com/ or call (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy is received in the Office of Administrative Hearings during normal office hours (Monday
through Friday between 8:OOam and S:OOpm, excluding official state holidays).

Byrds Creek Site EEP
Page 3 of 3
March 11, 2013
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided
the original and one copy of the petition is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
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
Unless such a petition is filed, this Certification shall be final and binding.
0 S' erely,
Danny Sm' , Supervisor
Surface Water Protection — Raleigh
Regional Office
Enclosures: GC3885
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;
Wake Forest, NC 27597
Karen Higgins, DWQ CO files
File Copy
Filename: 120102ByrdsCreeksiteEEP(Person) 401.doac