20131113 Ver 1_Approval Letter_20131024

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional Operations Section
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
October 24, 2013
DWR # 13 -1113
Harnett County
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Attn: Jeffrey H. Finkel, Senior Vice President
400 Perimeter Center Terrace, Suite 800
Atlanta, GA 30346
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
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Dear Mr. Finkel:
You have our approval for the impacts listed below for the purpose described in your application dated
October 14, 2013, received by the Division of Water Resources (Division) October 15, 2013. These
impacts are covered by the attached Water Quality General Certification Number 3890 and the
conditions listed below. This certification is associated with the use of Nationwide Permit Number 39
once it is issued to you by the U.S. 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.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
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 (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
0.014 (acres)
225 Green Street— Suite 714 — Fayetteville, North Carolina 28301 -5095
Phone: 910 - 433 -3300 \ FAX: [phone] \ Customer Service 1- 877-623 -6748
Internet:: www wwaterclualiiy.ora
An Equal opportunityManahve Action Employer

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October 24, 2013
Page 2 of 4
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 Certification (s) /Permit /Authorization and is
responsible for complying with all conditions.
3. 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.
4. 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.
S. No Sediment & Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
prior approval by the Division. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, 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 or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2) months
of the date that the Division of Land Resources or locally delegated program has released the
project.

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6. Stormwater Management Plan (Approval by the DEMLR Stormwater Permitting Program
required.)
You are required to obtain approval from the DEMLR Stormwater Permitting Program before
any impacts authorized in this certification occur. The SMP may not be modified without prior
written authorization from the DEMLR Stormwater Permitting Program. A copy of the approval
letter and the modified SMP must be submitted to the DWR Webscape Unit prior to the
commencement of the modifications.
7. 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 DWR WEBSCAPE Unit at: 1650 Mail Service Center, Raleigh,
North Carolina 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 thirty (30) 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 8:00am and 5:00pm,
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.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e.g. UPS, FedEx):
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

Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR -DWR — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650'
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR - DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
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This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Chad Turlington at (910) 433 -3320 or chad.turlineton @ncdenr.eov if you have any questions or
concerns.
Sincerely,
Belinda S. Henson
Assistant Regional Supervisor
DWR Fayetteville Regional Office
Enclosures: GC 3890
Certificate of Completion
cc: Bob Zarzecki — Soil & Environmental Consultants, PA (via email)
Crystal Amschler - USACE Wilmington Regulatory Field Office (via email)
DWR FRO 401 files
Karen Higgins - DWR Webscape Unit