20061780 Ver 2_Approval Letter_20070822

~ ..
„!
O~p~ W A TF,QpG Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
~-- North Carolina Department of Environment and Natural Resources
~ --I
~ ~ Coleen H. Sullins, Director
Division of Water Quality
August 22, 2007
DWQ Project # 06-1780, Ver. 2
Bertie County
Mr. Norton Webster
Environmental Banc & Exchange, LLC
909 Capability Drive, Suite 1300
Raleigh, NC 27606
Subject Property: Floogie Mitigation Site
Flat Swamp Creek [030210, 24-2-6-2, SW, C]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Webster:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 4.55 acres of 404/Wetland (1.21 acres permanent impact,
and 3.34 acres temporary impact) and 6,2851inear feet of perennial stream (5,670 linear feet
permanent, perennial stream impact, and 615 linear feet temporary, perennial stream impact), as
described in your application dated June 7, 2007, and received by the Division of Water Quality
(DWQ) on June 12, 2007, to conduct the proposed stream restoration and wetland restoration at
the site. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3626 (GC3626). The Certification(s) allows you
to use Nationwide Permit(s) NW27 when issued by the US Army Corps of Engineers (USAGE).
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 or LAMA 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 1501inear 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.
401 OversighUExpress 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/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

.. i
Environmental Banc & Exchange, LLC ~„`.
Page 2 of 4
August 22, 2007
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:
T e of Im act Amount A roved Units Reference
404/Wetland 4.55 [(acres) 1.21 acres permanent impact, and 3.34 acres PCN page 5 of 9
tem orar im act
Stream - 6,285 [(linear feet) 5,670 linear feet permanent, perennial PCN page 5 of 9
perennial stream impact, and 615 linear feet temporary, perennial
stream im act]
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.
3. 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 six months of the date that the Division of Land Resources has released the project;

Environmental Banc & Exchange, LLC
Page 3 of 4
August 22, 2007
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing;
6. Stream Restoration and Wetland Restoration Plans
You have our approval for your proposed final stream restoration and wetland restoration
at the site with the requirement for Monitoring Level I as described within the joint
State/Federal agency Stream Mitigation Guidelines located at:
http://www.saw.usace.army.mil/wetlands/miti~ation/stream miti~ation.html The stream
restoration and wetland restoration at the site must be constructed, maintained, and
monitored according to the plans approved by this Office. Any repairs or adjustments to
the site must be made according to the approved plans or must receive written approval
from this Office to make the repairs or adjustments. The restored stream and wetland
must be preserved in perpetuity by use of a conservation easement or other similar
mechanism as part of the approved plans. Additionally, the monitoring for this project
should include sampling points at the upper, middle and lower restoration reaches, and
from one location on the reference reach. Sampling should be conducted prior to
beginning site activities, and then annually during years 3, 4 and 5 of the project.
7. Macrobenthos Monitoring Plan
Please provide a macrobenthos monitoring plan which will outline procedures and
provide data points for the collection and analysis of macrobenthos during the Floogie
project. All sampling activities should be conducted in accordance with the Standard
Operating Procedures for Benthic Macroinvertebrates (July 2006, DWQ Biological
Assessment Unit), and conducted by personnel who have a certificate of training for
DWQ macroinvertebrate collection protocols.
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.
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

Environmental Banc & Exchange, LLC
Page 4 of 4
August 22, 2007
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. If you have any questions, please telephone Cyndi Karoly at 919-
733-1786.
CHS/ijm
Enclosures: GC3626
Certificate of Completion
cc: USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Daniel Ingram,
WK Dickson, 3101 John Humphries Wynd, Raleigh, NC 27612
Filename: 061780Ver2FloogieMitigation(Bertie)401

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
county:
Date of Issuance of Certification or Authorization:
Certificate of Comuletion
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 Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ 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,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
Date:
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.
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date