20140319 Ver 1_Approval Letter_20140529

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NCDENR
North Carolina Department of Environment and Natural Resources
Flat McCrory
Governor
May 29, 2014
American Towers, LLC
Attn: Brittney Vanderheide
10 Presidential Way
Woburn, MA 01801
John E. Skvarla, III
Secretary
DWR #20140319
Carteret County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Tower Site 5899 US Highway 70, Newport
USACE Action ID. No. SAW- 2010 -01235
Dear Ms. Vanderheide:
Attached hereto is a copy of Certification No. 3994 issued to American Towers, LLC, dated May
29, 2014. 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) Solid Waste,
Sediment and Erosion Control, Non - Discharge, Stormwater, Dam Safety, and Water Supply
Watershed regulations.
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) within
sixty (60) calendair days.
A petition form may be obtained from the OAH at tt : //www.nc ah.comZ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information. 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.
127 Cardinal Drive Ext., Wilmington, North Garolina 18405
Phone [phone] t Internet: www ns der. gov
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Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
American Towers, LLC
DWR Permit # 14 -0319
May 29, 2014
Page 2 of 8
If sending via delivery service (UPS,
FedEx, etc):
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
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Joanne Steenhuis at 910.796.7306 or
Joan ne.Steenhuis @ ncdenr.gov if you have any questions or concerns.
Attachments — Sheets SW -2, SW -2B, SW -2C, SW -2D, SW -2F & SW -3
cc: Ben Salter, Environmental Corp. of America — electronic copy (ben.salter @eca- usa.com)
Jean Wellons, Owner, PO Box 1018 Morehead City, NC 28557
Christy Wicker, USACE Wilmington - electronic copy
( Christine .W.Wicker.usace.army.mil)
Joanne Steenhuis, DWR Wilmington Regional Office
Jonathan Howell, DCM Morehead City electronic copy (Jonathan. Howell @ncdenr.gov)
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlantic, GA 30303
Karen Higgins, 401 and Buffer Permitting Unit
Brian Lambe — DEMLR WiRO- electronic copy (Brian. Lambe @ncdenr.gov)
Filename: 140319 American Towers, LLC Carteret 401- IC.docx

American Towers, LLC
DWR Permit # 14 -0319
May 29, 2014
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3994 is issued in conformity with the requirements of Section 401, Public Laws
92 -500 and 95 -217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500, to American Towers, LLC, who have authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on
March 28, 2014 and subsequent information received by the Wilmington Regional Office on May
28, 2014, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the
Division on April 9, 2014.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92 -500 and PL 95 -217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts, which include the new sanitary sewer crossing and stormwater bypass
channels, 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 to wetlands, streams,
and /or buffers, are approved including incidental impacts:
.,,, --- -- - - - - -- ... _
Type of Impact
--- .---------- .... ... ......... ........ ......... ........ ........_
Amount Approved (Units)
......... ........ ..........
Plan Location or
Reference
4.,..........__ - -- ....._.._ ............................................................... ........._ .....
04/401 Wetlands
....... ......_
Permanent
Temporary
Wetland 1
0.68 acres
NIA
Sheets SW -2, SW-
Wetland 2
0.02 acres
2B, SW -2C, SW-
2D, SW -2F
TOTAL WETLANDS IMPACTED
0,70ac
(Attached)
..._...... ........ .....- ...... ......... _ ._
Stream
NIA
,,,,, ,,,,.
N/A
Open Water impacts
30If (60 cf)
N/A
Sheets SW -2 &
SW -3 (attached)
2„ Compensatory Mitigation Using a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you intend to purchase the required credits from the Hoffman Forest
Mitigation Bank in Onslow County as described in your application to meet this mitigation
requirement. This contribution has been determined by the Division to be a suitable method
to meet the mitigation requirement. Until the Hoffman Forest Mitigation Bank receives and
clears your check, and proof of payment has been provided to this Office, no impacts specified

American Towers, LLC
DWR Permit # 14 -0319
May 29, 2014
Page 4 of 8
in this Authorization Certificate shall occur. For accounting purposes, this Authorization
Certificate authorizes payment into the Hoffman Forest Mitigation Bank to meet the
following compensatory mitigation requirement:
3,. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundaries in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall be put in
place prior to conducting the impacts to wetlands. A sample deed notification can be
downloaded from the 401 & Buffers Permitting Unit web site at
http: / /portal.ncdenr.org /web /wq /swp /ws/ 401 /certsandpermits /apply /forms. The text of the
sample deed notification may be modified as appropriate to suit to this project. The Division
will accept a conservation easement if required by the Corps of Engineers. Please copy the
Division with a recorded copy to the Wilmington Regional Office and Central Office at 401 and
Buffers Permitting Unit 1650 Mail Service Center Raleigh, NC 27699 -1650.
4. 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 Public Notice dated April 9, 2014 for this
project. 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. Approved plans
and specifications for this project are incorporated by reference and are enforceable parts of
this permit.
5. The applicant /permitee 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, than the Division
may reevaluate and modify this General Water Quality Permit. A copy of this Permit shall be
included in the construction contract and available on the job site at all times.

American Towers, LLC
DWR Permit # 14 -0319
May 29, 2014
Page 5 of 8
6. The permitee shall require its contractors and /or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and /or agents associated with the construction or maintenance of this
project with a copy of this Certification. A copy of this Certification, including all conditions
shall be available at the project site during the construction and maintenance of this project.
7. Sediment and Erosion Control
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 and if applicable, comply with the specific conditions and requirements
of the NPDES Construction Stormwater Permit issued to the site:
a. 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.
b. 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.
, 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.
d. Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e, For PNA, SA, WS -I, WI -II, HQW, ORW waters. The sediment and erosion control designs
must comply with the requirements set forth in 15A NCAC 0413 .0124 Design Standards
in Sensitive Watersheds.
8. Appropriate measures should be installed prior to any land clearing activities to protect waters
and wetlands from turbidity and/ or sedimentation. These measures should be routinely
inspected and properly maintained, and excavated materials should be contained outside the
wetland boundary. Excessive silt and sediment loads can have numerous detrimental effects
on aquatic resources including destruction of spawning habitat, suffocation of eggs, and
clogging of gills of aquatic species.
9. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions
to this condition require application submittal to and written approval by the Division. 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, 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

American Towers, LLC
DWR Permit # 14 -0319
May 29, 20,14
Page 6 of 8
Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has
released the specific area within the project.
For the section of silt fence in wetland's, please place the excavated material, from the
trench, on the side that is being proposed to be impacted. This material would be
considered incidental filli beyond what is permitted and would be considered a violation. If
there are any questions, please do not hesitate to call the Wilmington Regional Office at
910.796.7306.
10. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or
chemical spill, the permitee /contractor shall immediately contact the Division of Water
Resources, between the hours of 8 am to 5 pm at the Wilmington Regional Office at
910.796.7215 and after hours and on weekends call 800.858.0368. Management of such spills
shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act.
11. Fueling, lubrication and general equipment maintenance should not take place within 50 feet
of a waterbody or wetlands to prevent contamination by fuel and oils.
12. Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. It shall be
the responsibility of the permitee to review all construction drawings with the approved
permit drawings to determine that the drawings are consistent. The applicant will also be
required to evaluate all acquired permits to assure that they are consistent and all relative
impacts are accounted for and shown on the construction plans. Documentation via letter or
e -mail must be provided to the Division prior to the start of construction confirming that the
construction drawings are consistent with the permitted drawings. If the drawings are not
consistent, the applicant is required to notify the Division, c/o Joanne Steenhuis Wilmington
Regional Office and address the inconsistencies prior to the project starting.
13. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project is
covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self - monitoring, record keeping and
reporting requirements is required. A copy of the general permit (NCG010000), inspection log
sheets, and other information may be found at:
http: // portal. ncdenr.org /web /wq /ws /su /npdessw #tab -w.

American Towers, LIC
DWR Permit # 14 -0319
May 29, 2014
Page 7 of 8
14. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life /fish kills.
15. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
16. This approval is for the purpose and design described in your application and as described in
the April 9, 2014 Public Notice. The plans and specifications for this project are incorporated
by reference and are an enforceable 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
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name.
17. Diffuse Flow
All constructed stormwater conveyance outlets shall be designed and maintained as diffuse
flow at non - erosive velocities if they are directed through the wetlands such that it will not re-
concentrate before discharging. If this is not possible, it may be necessary to revise the
stormwater plan to prevent this from occurring. This may require additional approval from
this Office for wetlands and stormwater revisions.
18. Future Phases
Any wetland impacts in the future phases of this project will be required to apply for a
modification to this permit and the proposed impacts will be considered cumulative with ALL
previous impacts.
19. Determination of Impacts
At the completion of the project, the Division may require a determination of the area
impacted (as- built) which is to encompass the location and acreage of the impacts (it can be
shown on an aerial or done as a survey). This to be included with the Certification of
Completion and sent to the Wilmington Regional Office (address on the letterhead page) and
to Raleigh at 401 & Buffers Permitting Unit Attn: Jennifer Burdette 1650 Mail Service Ctr.
Raleigh, NC 27699 -1650.
20. Continuing Compliance
American Towers, LLC shall conduct construction activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with section
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 the
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, the Division may reevaluate and

American Towers, LLC
DWR Permit # 14 -0319
May 29, 2014
Page 8 of 8
modify this Certification. Before modifying the Certification, the Division shall notify American
Towers, LLC and the U.S. Army Corps of Engineers, provide public notice in accordance with
15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC
02H .0504. Any new or revised conditions shall be provided to American Towers, LLC in
writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the
404 Permit for the project.
21. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion (available
at: http : / /portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms).
22. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
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. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date
of this Certification.
Non - compliance with or violation of the conditions herein set forth may result in revocation of this
Certification and may also result in criminal and /or civil penalties.
KAH /jhs
3994

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