20130455 Ver 1_Approval Letter_20131118

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CCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
November 18, 2013
Duplin County
DWR Project #: 13 -0455
NCENR Ecosystem Enhancement Program
Mr. Tim Baumgartner
217 West Jones Street, Suite 3000A
Raleigh NC 27603
Subject Property: Twin Bays Restoration Site
Cape Fear River Basin [03030007; C; Sw]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Baumgartner:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.39 acres of open water 404 jurisdictional ditches for the
purpose of a wetlands mitigation project at the subject property, as described within your
application dated November 7, 2013. After reviewing your application, the proposed impacts are
covered by General Water Quality Certification Number(s) 3885 (GC3885). The Certification(s)
allows you to use Nationwide Permit(s) 27 when issued by the US Army Corps of Engineers
(USACE). 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. 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.
Wettands, Buffers, Stomrwater — Compliance and Permitting (Webscape) Unit Orte
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NorthCarolina
Location. 512 N. Salsbury St Raleigh, North Carolina 27604 �atura!!r�
Phone 919$07 -63001 FAX: [phone] Customer Service: 1-877-623-6748
Internet, www.ncwaterquality.org

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Twin Bays Restoration Site - EEP
Duplin County
2013 -0455
The Additional Conditions of the Certification are:
1. Impacts Approved
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:
Impact Type
11 Amount Approved nits
Plan Location or Reference
Open Waters ermanent)
0.39 acres
PCN Page 5 of 10
2. 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)
supersede all other sediment and erosion control requirements.
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 and
authorized by this written approval, including incidental impacts. 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.
0

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Twin Bays Restoration Site - EEP
Duplm County
2013 -0455
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval by DWR. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, then 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 devices shall be
removed and the natural grade restored within two (2) months of the date that the Division of
Energy, Mineral, and Land Resources has released the project.
5. Mitigation Credit
Approval of the restoration plan and issuance of the 401 Water Quality Certification means
that DWR has determined that the proposed activity will not remove or degrade significant
existing uses of the surface water (15A NCAC 2H .0506(a)). The issuance does not
represent an approval of credit for the project.
6. 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 Resources, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
7. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including 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, then the
Division may reevaluate and modify this General Water Quality Certification.
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

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Twin Bays Restoration Site - EEP
Duplm County
2013 -0455
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.
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 Eric Kulz in the Central Office in
Raleigh at 919 - 807 -6301 or Chad Coburn in the DWR Wilmington Regional Office at 910 -796-
7215.
Sincerely,
omas eAReedeix
Division of Water Resources
Enclosures: Certificate of Completion
GC 3885
cc: Timothy J. Morris — KCI Technologies, Inc., 4601 Six Forks Road, Suite 220,
Raleigh, NC 27609
David Bailey — USACE Wilmington Field Office
Eric Kulz — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
WiRO

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 Permiee 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