20131115 Ver 1_Approval Letter_20131018

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RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
October 18, 2013
CPI USA North Carolina, LLC
Mr. Christopher L. Kopecky
1281 Powerhouse Drive SE
Southport NC 28461
John E. Skvarla, III
Secretary
Brunswick County
DWR Project #: 13 -1115
Subject Property: Extension of Rob Gandy Boulevard (From SR1527 to SR 1526)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Kopecky,
You have our approval, in accordance with the attached conditions to permanently impact 0.039 acres
of 404 wetlands in order to construct an extension to an existing road as described in your application
received by the N.C. Division of Water Resources (DWR) on October 16, 2013. After reviewing
your application, we have decided that the impacts are covered by General Water Quality
Certification Number 3886 (GC 3886).
This Certification can also be found on line at: hqp:L/portal.ncdenr.orgLweb/wg/smT/ws/401/certsandpermits.
This Certification allows you to use the Nationwide Permit 14 (NW 14) when issued by the U.S. Army
Corps of Engineers. 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, and stormwater 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.
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 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. ,
Wetlands, Buffers, Stormwater — Compliance and Permdrng (Webscape) Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NorthCarolina
Location. 512 N. Salsbury St. Raleigh, North Carolina 27604 Naturally Phone [phone] FAX [phone] Customer Service 1- 87723.6748
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Internet w wwaterquality.org

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Rob Gandy Road Extension
Brunswick County
2013 -1115
The Additional Conditions of the Certification are:
1. 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
application. 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.
2. Standard Erosion and 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:
a. 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. 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. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Energy, Minerals, and Land Resources ( DEMLR) or a DEMLR delegated local
erosion and sedimentation control program, a NPDES General stormwater permit
(NCGO10000) administered by DEMLR 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
hqp://Rortal.ncdenr.or2tweb/wg/ws/su/constructiorL

Rob Gandy Road Extension
Brunswick County
2013 -1115
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B .0200. Appropriate sediment and erosion
control practices must be used to meet this standard.
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 /Wetlands Unit, North Carolina
Division of Water Resources, 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 Permit.
You can contest this Certification 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.
You may obtain a petition form from the Office of Administrative Hearings at
http: / /www.ncoah.com or call (919) 431 -3000 for information. Within sixty (60) calendar days
of receipt of this Certification, you must file the petition with the Office of Administrative
Hearings. A petition is considered filed when the original and one (1) copy is received in the
Office of Administrative Hearings during normal office hours (Monday through Friday between
8:OOam and 5:OOpm, excluding official state holidays). The petition may be faxed to the Office
of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition
is received by the Office of Administrative Hearings within five (5) business days following the
faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
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
Unless such a petition is filed, this Certification shall be final and binding.

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Rob Gandy Road Extension
Bnmswack County
2013 -1115
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This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central
Office in Raleigh at 919 - 807 -6301 or Chad Coburn in the DWR Wilmington Regional Office at
910 - 796 -7215.
Sincerely,
4.c��
Th as A. Reeder
Division of Water Resources
Enclosures: GC 3886
Certificate of Completion
cc: Kim Williams — Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15,
Wilmington, NC 28403
Liz Hair — USACE Wilmington Field Office
Karen Higgins — 401 and Buffer Permitting Unit
WiRO

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Certification of Completion
DWR Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , hereby state that to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date