20130664 Ver 1_Approval Letter_20130718

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L CD.ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Acting Director Secretary
July 18, 2013
DWQ # 2013 0664
Onslow County
John Koenig, Inc.
Attn: John Koenig
6432 Yadkin Roadl
Fayetteville, NC 28303
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Koenig Commercial/ Lowe's Foods, Jacksonville
Dear Mr. Koenig:
You have our approval for the impacts listed below for the purpose described in your
application dated June 28, 2013, received by the Division of Water Quality (Division) July 1,
2013 and subsequent information received on July 11, 2013. These impacts allow you to
permanently impact 0.48 acres of wetlands, temporarily impact 0.01 acre of wetland impacts
and permanently impact 243 linear feet of stream, as described in your Pre construction
application. These impacts are covered by the enclosed General Water Quality Certification
Number 3890 (GC 3890) and the additional conditions listed below. This Certification allows
you to use the 404 Nationwide 39 permit when issued by the US Army Corps of Engineers.
Please note that you should get any other federal, state or local permits before proceeding with
your project, including those required by (but not limited to) Sediment and Erosion Control,
Non - Discharge, and Water Supply Watershed 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.
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 enclosed certification or general
permit and the following additional conditions:
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John Koenig, Inc.
Attn: John Koenig
DWQ Project # 13 0664
July 18, 2013
Page 2 of 8
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Type of Impact
Amount Approved
Plan location /Reference
(units)
Stream
Permanent —
S1-
63 linear feet
Wetland Impact Map Overall
S2
180 linear feet
Proposed Plan (attached)
Total
243 linear feet
404/401 Wetlands
Permanent
W1-
0.339 acres
Wetland Impact Map Overall
W2-
0.043 acres
Proposed Plan (attached)
W3-
0.076 acres
W5
0.022 acres
Total
0.48 acres -
Temporary
W4
0.01 acres
Total
0.01 acres
Coastal Wetlands
N/A
Open Waters
N/A
Buffers —Zone 1
N/A
Buffers —Zone 2
N/A
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
If you change your project, you must notify the Division and you may be required to
submit a new application package with the appropriate fee. If the property is sold, the
new owner must be given a copy of this approval letter and General
Certifications) /Permit /Authorization and is responsible for complying with all
conditions.
3. Compensatory Mitigation Using a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below.
We understand that you intend to purchase credits from the Bachelors Delight
Mitigation Bank in Onslow County as described in your application to meet this
mitigation requirement. This contribution has been determined by the DWQ to be a

John Koenig, Inc.
Attn: John Koenig
DWQ Project # 13 0664
July 18, 2013
Page 3 of 8
suitable method to meet the mitigation requirement. Until the Bachelors Delight
Mitigation Bank receives and clears your check, and proof of payment has been
provided to this Office, no impacts specified in this Authorization Certificate shall occur.
For accounting purposes, this Authorization Certificate authorizes payment into the
Bachelors Delight Mitigation Bank to meet the following compensatory mitigation
requirement:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin Number
Stream
243 linear feet
WOK 02/19 -(1) C, NSW
Wetlands
0.48 acres
WOK 02/19 -(1) C, NSW
Waters
N/A
Riparian Buffer
N/A
4. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 28..0211. Appropriate sediment and erosion control practices
must be used to meet this standard. Turbidity curtains s hall be used as appropriate.
Please notify this face if any turbidity issues arise at 910.796.7215
5. 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.
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.
Any violations of this condition including turbidity and failed silt fences MUST be
reported to the Wilmington Regional Office immediately at 910.796.7215.
6. Wetland Boundary Identification
The wetland boundary must be clearly identified within 50 feet of the project corridor
as depicted on the jurisdictional determination map signed by the US Army Corps of
Engineers. The wetland boundary identification (flagging, fencing, etc.) must be
maintained until the project is completed.
7. Any final construction plans for this project 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 permitee to review all construction drawings with the
approved permit drawings to determine that the drawings are consistent

John Koenig, Inc.
Attn: John Koenig
DWQ Project # 13 0664
July 18, 2013
Page 4of8
[Documentation,via;letter�orce= mail! mustibe, providedto the .DiVision!ptiortotithe,start( f
construction; confirming that" the ( construction .drawings.are (consistent lwith the
Fperrhitted(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.
8. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids 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 and after hours and on weekends call (800) 858 -0368.
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act.
9. NC DOT Sensitive Watershed Erosion and Sediment Control Practices
Sediment and erosion control measures shall adhere to the design standards for
sensitive watersheds [15A NCAC 46.0124] throughout the life of this project. See
NCDOT publication, Best Management Practices for the Protection of Surface Waters
(March 1997).
10. Any wetland impacts in the future phases of this project will be required to apply for a
modification to this permit and the proposed impacts will be considered cumulative
with ALL previous impacts.
11. Culvert Installation
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
(http: / /www.ncdot.om / doh /operations /BMP manual /download /BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used
to prevent excavation in flowing water.
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

John Koenig, Inc.
Attn: John Koenig
DWQ Project # 13 0664
July 18, 2013
Page 5 of 8
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.( Eiiild: adjustmeritscofthe fcLilvert[olacemerits
imay lbe inecessariy Ito,,correctly fingtall ithe ccLilver ts.
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.
12. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that
disturb one (1) or more acres of land. This Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the
permit. If your project is covered by this permit, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -
monitoring, record keeping and reporting requirements is required. A copy of the
general permit (NCG010000), inspection log sheets, and other information may be
found at: htty: / /oortal.ncdenr.ore /web /wo /ws /su /n-odessw#tab -w.
13. If concrete is used during the construction, then all necessary measures shall betaken to
prevent direct contact between uncured or curing concrete and waters of the state.
Water that inadvertently contacts uncured concrete shall not be discharged to waters of
the state due to the potential for elevated pH and possible aquatic life /fish kills.

John Koenig, Inc.
Attn: John Koenig
DWQ Project # 13 0664
July 18, 2013
Page 6 of 8
14. Temporary Fills /Impacts
All temporary impacts to wetlands, must be installed with geotextile underneath them,
and removed in their entirety upon completion of that portion of the project that the
impact occurred. All temporary fill shall be removed and the impacted area returned to
the original grade after construction is complete or within 2 months of the
establishment of the road or the completion of the phase of the project the impact
occurred, whichever is sooner, and the various sites shall be stabilized with natural
woody vegetation (except for the maintenance areas of permanent utility crossings) and
restored to prevent erosion. If the temporary impacts /crossings are not completely
removed and restored as described above within the specified time above, additional
written approval from this Office must be obtained to modify this condition.
15. The restored wetland area will need to be monitored quarterly for at least two years for
indications of instability, erosion, sloughing, plants not surviving with photo
documentation and any remediation that may be necessary. The monitoring may be
extended up to another 3 years, if the restoration sites have not adequately recovered.
16. Deed Notification /Mitigation
A recorded copy of the deed notifications or restrictive covenants (if required by the
USACE) for the remaining wetlands on the property shall be included with the
Certification of Completion (see Condition #20 in GC 3890). Any mitigation required by
the USACE must also be complied with.
17. Continuing Compliance
John Koenig, Inc. 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
and Federal law. John Koenig, Inc. 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. AA ccopycoftthis(Certificaltion
�shalllbe£ included "untthecconstruction(coritr<act anti�avail6blecontiheijoblite at�allitimes.
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. Before modifying the Certification, the Division
shall notify John Koenig, Inc. and the U.S. Army Corps of Engineers, provide public notice
in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in

John Koenig, Inc.
Attn: John Koenig
DWQ Project # 13 0664
July 18, 2013
Page 7 of 8
accordance with 15A NCAC 02H.0504. Any new or revised conditions shall be provided
to John Koenig, Inc. in writing, shall be provided to the U.S. 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.
18. This approval is for the purpose and design described in your application and as
described in the application received by the Division on July 1, 2013. The plans and
specifications for this project are incorporated by reference and are an enforceable part
of the Certification. If you change your project, you must notify the Division and you
may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. Any new owner must notify the Division
and request the Certification be issued in their name.
19. You shall provide an as -built survey (either elevation shots or cross - sections), certified
by a licensed, professional land surveyor, of the restored area (to demonstrate return to
original /appropriate wetland grade) and to demonstrate the impacts to wetlands are
within the permitted quantities.
20. 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.
This approval and its conditions are final and binding unless contested.
This Certification can be contested 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
(hereby known as OAH). A petition form may be obtained from the OAH at
http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
A petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00 am and 5:00 pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.

John Koenig, Inc.
Attn: John Koenig
DWQ Project # 13 0664
July 18, 2013
Page 8 of 8
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
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
This letter completes the review of the Division under section 401 of the Clean Water Act
described in 15A NCAC 0500. Please contact Joanne Steenhuis at 910.796.7306 or
Joanne.Steenhuis @ncdenr.gov if you have any questions or concerns.
Sincerely,
T Vk I
Tom Reeder
Enclosures: GC 3890
Certification of Completion
Attachment
cc: Bob Zarzecki - S &EC —via electronic copy
David Bailey - USACE Wilmington Regulatory Field Office
Stephen Rynas — DCM Morehead City — electronic copy
Jennifer Burdette - DWQ Webscape Unit
WiRO 401 files

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QOT TO SCAM
PERENNIAL
STREAM
PEREMPGAL
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TOTAL IMPACTS
AREA t 0.497 AC.
K WETLAND AREA, OA58 AC.
FUTURE WETLAND AREA,0.022 ACL
STREAM AREA, 0.017 AC.
START A)RIS=Tl AL
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