20130242 Ver 1_Approval Letter_20130408

,�! NOT A CAMA PERMIT
NCDENR
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
April 8, 2013
DWQ Project# 13 -0242
Currituck County
Mr. John H. Forbes, Jr. and
The Bank of Hampton Roads
139 South Mills Road
Moyock, NC 27958
Subject Property: John H. Forbes, Jr. and The Bank of Hampton Road
Currituck Sound [PAS54, 30- 1; SC]
Approval of 401 Water Quality Certification (GC3900) with Additional Conditions
Dear Mr. Forbes:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.04 acres of wetlands and 0.01 acres of waters for the purpose of excavating an existing drainage
ditch to reestablish drainage to Currituck Sound at the subject property, as described within your CAMA Major
application dated March 7, 2013 and received by the N.C. Division of Water Quality (DWQ) on March 12, 2013. The
impacts described in your application are covered by General Water Quality Certification Number(s) 3900 (GC3900).
This Certification(s) is issued in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the
US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of
Coastal Management issues it. 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. Approved plans and specifications for
this project are incorporated by reference and are enforceable parts 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 below.
North Carolina Division of Water Quality Intemet: www.iicwatergLIality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity /Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper ;V49turaliff

The Additional Conditions of the Certification are:
1. Impacts Approved
John H. Forbes, Jr. and The Bank of Hampton Roads
Page 2 of 3
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. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900.
3. Erosion & Sediment 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 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 and the Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), Trout (Tr), SA, WS-
I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sediment and erosion
control requirements contained within Design Standards in Sensitive Watersheds (15A NCAC 04B .0124)
supercede all other sediment and erosion control requirements.
4. 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 and authorized by this written approval, including
incidental impacts. All construction activities, including the design, installation, operation, and maintenance of
Amount Approved (Units)
Plan Location or Reference
404 Wetlands
0.04 (acres)
CAMA Major Development
Permit Application Sheet 3
Waters
0.01 (acres)
CAMA Major Development
Permit Application Sheet 3
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900.
3. Erosion & Sediment 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 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 and the Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), Trout (Tr), SA, WS-
I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sediment and erosion
control requirements contained within Design Standards in Sensitive Watersheds (15A NCAC 04B .0124)
supercede all other sediment and erosion control requirements.
4. 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 and authorized by this written approval, including
incidental impacts. All construction activities, including the design, installation, operation, and maintenance of

John H. Forbes; Jr. an,d.The;0,onk ;of;Ham:pton Roads
Page 3 of 3
sediment and erosion control Best Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
5. 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
Oversight /Express Review Permitting 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 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the approved water 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 Anthony Scarbraugh of the Washington Regional Office at 252 - 948 -3924 or Karen
Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting (Webscape) Unit at 919 - 807 -6360.
Sincerely,
QD�d?.f�N 2�
For Charles Wakild, P.E.
Enclosures: Certificate of Completion
GC 3900
cc: Kyle Barnes, Corps of Engineers Washington Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Morehead Office
DCM, Ron Renaldi, Elizabeth City
DEMLR, WaRO
File copy
Charles E. Brown, III, 2005 Johnson Road, Elizabeth City, NC 27909
File: 13-0242—John F. Forbes, Jr.—The Bank of Hampton Roads _3900_approval /as