20071061 Ver 1_Approval Letter_20070716

O~O~ W AT ~9QG
~ r
_ ` ~ -I
o ~!`. ~ ~c
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 16, 2007
DWQ EXP No. 07-1061
Columbus County
Jemsite Development, LLC
Attn: Mr. John Witherspoon
1608 Hwy 221 North
Jefferson, NC 28640
Subject Property: Proposed Lowe's Home Improvement Warehouse of Whiteville
White Marsh Swamp [030758, 15-4, C, Sw]
APPROVAL of Isolated Wetlands General Permit, with Additional Conditions
Dear Mr. Witherspoon:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.77 acres of isolated wetland for the purpose of constructing the commercial
shopping area, as described within your Pre-construction Notification Application dated June 21, 2007.
The impacts are covered by: State General Permit for Impacts to Isolated Wetlands and Isolated Waters
(IWGP100000). 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, and Non-discharge regulations. The authorization to proceed with your proposed
impacts to Isolated Wetlands, as depicted in your application and as authorized by this Permit,
shall expire upon expiration of IWGP100000 (September 30, 2008) or unless otherwise rescinded by
the Director of the Division of Water Quality.
This approval is for the purpose and design that you described in your application and designs for
extended detention wetlands. 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 General Permit for Impacts to Isolated
Wetlands and Isolated Waters (IWGP100000) and any additional conditions listed below.
The Additional Conditions of the Certification are:
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (and Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount A roved (Units) Plan Location or Re erence
Isolated Wetland 0.77 acres) PCN a e 4 of 8
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlaiids
None Carolina
~tura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

Jemsite Development, LLC
DWQ Project No. EXP 07-1061
Page 2 of 3
July 16, 2007
2. 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. 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.
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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
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 (2) months of the date
that the Division of Land Resources has released the project.
Construction Stormwater Permit NCGO 10000
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.
6. Written Stormwater Management Plan
The final, written stormwater management plans (including the signed and notarized Operation
and Maintenance Agreements) dated June 12, 2007 (including supplemental information and
revisions received on June 29, 2007, July 5, 2007, and July 11, 2007). must be implemented and
the stormwater management facilities shall be constructed and operational before any permanent
building is occupied at the subject site. The structural stormwater practices as approved by this
Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water
Quality.
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and riparian buffers in order to assure compliance for future wetland, water and riparian

u~aimuv aiv rvw}...... aq ........
DWQ Project No. EXP 07-1061
Page 3 of 3
July 16, 2007
buffer impact. These mechanisms shall be put in place prior to impacting any wetlands,
waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate.
8. 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.
9. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
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. 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the. Clean Water
Act and the Neuse riparian buffer protection rule as described within I SA NCAC 2B .0233. If you have
any questions, please telephone Lia Myott or Cynthia Van Der Wiele at 919-733-1786.
Sincerely,
;~
Coleen H. Sullins, Director
NC Division of Water Quality
CHS/cbk/lem
Enclosures: IWGP 100000
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Cobb, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Matt Bramblett, P.E., Hart & Hickman, PC, 2933 S
Tryon St., Suite 100, Charlotte, NC 28203