20120619 Ver 1_Approval Letter_20130315

YJ
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. Jahn E. Skvarla, III
Governor Director Secretary
March 15, 2013
DWQ Project # 12 -0619
Gates County
Swain and Temple, Inc.
Attn : Tracy Swain
149 Lilly Road
South Mills, NC 27976
Subject Property: S & T Estates
Bucland Mill Branch [H, 25- 1 -7 -2; C, NSW]
Approval of 401 dater Quality Certification with Additional Conditions
Dear Mr. Swain:
Your have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.29 acres of wetlands and 97 linear feet of streams for the
purpose of fulfilling the requirements of an after the fact 401 Water Equality Certification (WQC)
request from the N. C. Division Water Quality DW for wetland and stream crossings
associated with the extension of Swain Lane and Lot #19 at the subject property, as described
within your application dated June 7, 2012 and received by the DWQ on June 21, 2012 with
additional information received on August 13, 2012, October 19, 2012 and January 30, 2013.
After reviewing your application, the proposed impacts are covered by General WQC Number(s)
3356 (GC 3886). The Certifications) allows you to use Nationwide Permit() 14 when issued by
the US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply
with any other required federal, state or local permit , bef re 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 LAMA 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 rust 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
North Carolina Division of Water Quality fntemet: www.newateMuality.org
943 Washington Square Mall Phone: 252 - 946 -6481 One
Washington, NC 27889 FAX 252 - 946 -9215 NofthCarohna
An Equal Opportu nity /Aff rmdve Adon Employer - 0% Recycle d/1 0% Rost donsu mer Raper Vatilrally

Swain and Tearpl , Inc.
Mr. Tracy Swain
Page 2 of 4
to follow the conditions listed in the attached certification and any additional conditions
lasted 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:
2. Erosion & Sediment ent 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 surfac waters stand rds:
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 gust 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.
. The 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.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNAs)., Trout (Tr)., SA, VIES -f, w -II, High Quality H w ), or Outstanding Resource
(011W) waters, then the sediment and erosion control requirements contained
within Design Standards in Sensitive Watersheds (15A I CAC 04B .0124) su p r ed e
all other sediment and erosion control requirements.
3. No waste, Spoil, Solids, or Fill of Any Kind
Amount Approved (Units)
Plan Location or Reference
Stream
97 (feet)
Crossing Impact #1, 2 and
404 wetlands
0.29 (acres)
crossing Impact ##1, 2, 3 and 4
2. Erosion & Sediment ent 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 surfac waters stand rds:
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 gust 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.
. The 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.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNAs)., Trout (Tr)., SA, VIES -f, w -II, High Quality H w ), or Outstanding Resource
(011W) waters, then the sediment and erosion control requirements contained
within Design Standards in Sensitive Watersheds (15A I CAC 04B .0124) su p r ed e
all other sediment and erosion control requirements.
3. No waste, Spoil, Solids, or Fill of Any Kind

Swain and Temple, Inc.
Mr. Tracy s wa i n
Page 3 of 4
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 and
authorized by this written approval, 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.
4. No Sediment & Erosion Control Measures n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without
prior approval by D1. 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
or stream beds or banks, adjacent to r upstream and down -stream of the above structures.
All devices shall be removed and the natural grade restored within two months of the date
that the Division of land Resources has released the project.
5. If concrete is used during the construction, them a dry work area should be maintained to
prevent direct contact prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts uncured concrete should not be discharged to surface
graters due t,the potential for elevated pH and possible aquatic life /fish kills.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the IBC DoT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flooring eater.
7. Certificate of Completion
Upon completion of all work approved within the 401' Water uality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to - the 401 Oversight /Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,
IC, 27693 -1650.
8. The applicant p rrnitt a and their authorized agents shall Conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with.. (d ) of the Clean plater Act), and any other appropriate requirements
of State and Federal Laver. If the Division determines that such standards or laws are not
being - et, including failure to sustain a designated or achieved use, or that State or Federal

Swain and Temple, Inc.
Mr. Tracy Swain
Page 4 of 4
lair is being violated, or that further conditions are necessary to assure compliance, then
the Division may reevaluate and modify this General Water Quality Certification.
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 CANNA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
water impacts), you may ask for an adjudi atory 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 hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act as described within 15A I CAC 2H .0500. If you -have any questions, please telephone
Anthony S arbraugh of the Washington Regional office at 252- 948 -3924 or Karen Higgins of the
1 tlands, Buffers, St rmwater, Compliance a and Permitting 1 ebs ape Unit at 919- 807 -6360.
Sincerely,
For Chuck Ialild, P.E.
Enclosures: Certificate of Completion
GC 3886
Kyle Barnes, Corps of Engineers, Washington Field Office
DWQ 1J a bs a e Unit
Pat McClain DE LR, I aR
File copy
DCM, Doug Huggett f Morehead- District Office
e
DI, Lynn Mathis /Elizabeth City District Office
Warren Eadus, Quible & Associates, P.C.,
P.. Drawer 870, Ditty Harr, IBC 27949 .
Filename: 1 -619_T Estates-3886—Approval/as