20140573 Ver 1_Approval Letter_20140929

NCDENR
North Carolina Depaftrnent of Environment and Natural Resources
September 29, 2014
Cayton Development Company, LLC
Attn: Mr. Scott Cayton
P 0 Box 3361
New Bern, NC 28564
Jahn E. Skvaria, III
Secretary
DWR # 14 -0573
Pamlico County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Grantsboro Sand Mine
USACE Action ID. No. SAW- 2013 -01288
Dear Mr. Cayton:
Attached hereto is a copy of Certification No. 4003 issued to Mr. Scott Cayton and Cayton
Development Company, LLC, dated September 29, 2014. This certification replaces the
previous certification issued on September 26, 2014 to correct a typographical error (streams
changed to wetlands) in Condition #3. Please note that you should get any other federal, state
or local permits before proceeding with the subject project, including those required by (but
not limited to) Sediment and Erosion Control, Non - Discharge, 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 150E by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at htt www coah.com 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).
401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Locatiom 512 N Salisbury St, Raueigh, North Carolina 27604
Phone: 919 - 867 -83001 FAX: 919 - 867 -64941 Customer Service: 1 - 877.623.6748
Internet: vvww.ncwaterrluaiity org

Cayton Development Company, LLC
DWR# 14 -0573
Individual Certification #4003
Page 2 of 7
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 via US Postal Service: If sending via delivery service (UPS, Fed Ex, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
John Evans, 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. Please contact Roberto Scheller at (252)948 -3940 or
roberto.scheller @ ncdenr.gov or Jennifer Burdette at (919)807 -6364 or
jennifer.burdette @ncdenr.gov if you have any questions or concerns.
Sincerely,
Karen 4gins, Supervisor
401 & Buffer Permitting Unit
cc: Dana Lutheran, Southern Environmental Group, Inc., 5315 South College Road, Ste E,
Wilmington, NC 28413
USACE Washington Regulatory Field Office
DWR WaRO 401 file
DWR 401 & Buffer Permitting Unit file
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta,
GA 30303
Filename: 140573GrantsboroSandMine (Pamlico)_401_IC_revised.docx

[ayton Development Company, UI
DVVR#14{B7]
Individual Certification #40O3
12. Any hprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall b8 restricted tothe area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original
stream elevation and stngarnbank contours are restored and maintained. Placement Ofriprap
or other approved materials shall not result in cle-stabilization of the stream bed or banks
upstream or downstream of the area.
I3. Any hprap used for stream stabilization shall beOfa size and density soaS not tobe able tO
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free Vf debris or toxic pollutants. Riprap shall not b8 installed in the stre8nobed
except in specific areas required for velocity control and t0 ensure integrity nfbank
stabilization rne3sun8S.
14.A one-time 8pp|ica1iOnofferti|izertOre-e5tab|i3hvegetatkJni58UOvvedindisturbedarea6
including riparian buffers, but is restricted to no closer than IO feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
15. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
lG. Continuing Compliance
Mr. Scott Caytonand C@yton Development Company, 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 modify this Certification. Before
modifying the Certification, the Division shall notify Mr. Scott Cayton and CaytOn
Development Company, LLC and the U.S. Army Corps of Engineers, provide public notice in
accordance with 15A N[ACO2H .0503 and provide opportunity for public hearing in
accordance with 15A N[ACD2H .0504. Any new Vr revised conditions 5h3|| be provided to
Mr. Scott Caytonand Cayton Development Company, LL[inwriting, shall be provided tothe
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.
17. This approval is for the purpose and design described in your application and a6 described in
the Public Notice. The plans and specifications for this project JreinDorpor8tedhvref8ngnCe
and are 8n enforceable part o[the Certification. |f you change your project, younnu3tnotif«
the Division and you may be required to submit a new application package with the
appropriate fee. |f the property is sold, the new owner must be given copy Ofthis
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.

Cayton Development Company, LLC
DWR# 14 -0573
Individual Certification #4003
Page 5 of 7
6. 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 Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project.
7. 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:
htt : &ortall.ncd nr.or _vyeb w ws sun dessw #tab -w.
8. Work in the D
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
9. 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.
10. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion.
11. All temporary pipes /culverts /riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis - equilibrium.

Cayton Development Company, UZ
DVVR#I4-0573
Individual Certification #4O03
Page 4of7
3. Please be aware that 6« having impacted wetlands without first applying for and securing
the issuance Of34O1 Water Quality Certification, you have violated Title 15AVf the North
Carolina Administrative Code /NCAC\ 2H .0500. Title 15ANCAC2H .0500 requires
certifications pursuant to Section 4O1ofthe Clean Water Act whenever construction Or
operation of facilities will result in a discharge into navigable waters, including vv9{|Jnd6, as
described iM]3 Code of Federal Regulations /CFR> Part 323. |t also states any person
desiring issuance nfthe State certification or coverage under a general certification required
by Section 4O1of the Federal Water Pollution Control Act shall file with the Director Vfthe
North Carolina Division of Water Resources. Pursuant to G.S. 143-2I5.6A, these violations
and any future violations are subject to a civil penalty assessment of up to a maximum of
$25'OOO.00 per day for each violation.
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 inthe Pre-Construction Notification 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 areincorporat8d by reference and are
enforceable parts of this permit.
5. 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 Vf such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPQES Construction Stornmvv81er 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 /Spoi|\ 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act OfI971.
d. Sufficient materials required for stabilization and/or repair Oferosion control
measures and storrnvvaterrouting and treatment shall beon site at all times.

[ayton Development Company, LLC
DVVR#l4-U573
Individual Certification #4003
Page 3nf 7
CERTIFICATION #4003 is issued in conformity with the requirements of Section 401, Public Laws
92-5OO and 95-3I7 of the United States and subject to North Carolina's Regulations in15NCAC
02H .0500, to Mr. Scott [8ytOnand CGytOn Development Company, LLC, who have authorization
for the impacts listed be|Om4 85 described within your application received by the N.C. Division of
Water Resources (Division) on July 31, 2014 and subsequent information on September 24, 2014
and September 26, 2014, and by Public Notice issued by the Division on August 8, 2014.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 3O1,3O2,3O3,]O6,3O7 of the Public Laws 82-50O and PL95-2l7if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
fQrth.
This approval requires you tm follow the conditions listed in the certification below.
Conditions of Certification;
_ Impacts Approved
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts.
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
4.91 (acres)
0 (acres)
404/401 Open Waters
1.51 (acres)
0 (acres)
2. Compensatory Mitigation
You have our approval for your proposed final wetland mitigation plan dated August 22,
20I4. The restored, enhanced, and created wetland must be constructed, maintained, and
monitored according to the plans approved by this Office and this Certificate of Coverage.
Any repairs or adjustments tothe site must be made according tothe approved plans or
must receive written approval from this Office. The mitigation site must be preserved in
perpetuity byrecordation of the Conservation Declaration revised on August 22, 2014 and
received by the Division nn September 24,2OI4.
This mitigation plan is only approved for credits towards the impacts approved in this
Certification.

Cayton Development Company, LLC
DWR# 14 -0573
Individual Certification #4003
Page 7 of 7
18. 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: fittp:/„/pca iwrnc enr.or w vv sj4(i1 c rtsgnr erLn 9 forms).
19. 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 or CAMA 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.
This the 29th day of September 2014
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH /jab
4003