20140573 Ver 1_Approval Letter_20140926

AXPIKA
'74�VA
AWMMOWM
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 26, 2014
Cayton Development Company, LLC
Attn: Mr. Scott Cayton
P 0 Box 3361
New Bern, NC 28564
Johr1 F. Skvarla, 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 26, 2014. 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 150B 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 http. L w r s a lj.� m . 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.
401 & Buffer Permitting unit
1617 Mail Service Center, Raleigh, North Carolina 27699- 1617
Location: 312 N Salisbury St Raleigh, North Carolha 27604
Phone: 91:3 - 807 -6300; FAK 919 807 -34941 Ci.astorner Service 1V 7.623 -6748
Internet www.ncwatergrrality.org

Cayton Development Company, UZ
DVVK#14-0573
Individual Certification #4003
Page 2 of 7
Mailing address for the [JAH:
If sending via US Postal Service: If sending via delivery service (UPS,Fedfx,etc):
Office of Administrative Hearings Office ofAdministrative Hearings
G714 Mail Service Center l711 New Hope Church Road
Raleigh, NC27G99-6714 Raleigh, NC276O9-G285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
16D1 Mail Service Center
Raleigh, NC27699-I6OI
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 I5A N[A[O2H .0500. Please contact Roberto ScheUerat [phone] or
roberto.scheUer8Bncdenr.gmvor Jennifer 8urdetteat(919)8O7-G3G4or
[e-mail] if you have any questions or concerns.
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: Dana Lutheran, Southern Environmental Group, |nc,5315 South College Roa6iStef,
Wilmington, N[28413
U5ACE Washington Regulatory Field Office
DVVRVVaRD4Olfile
D\NR4Ol8^ Buffer Permitting Unit file
Todd Bowers, EPA, Sam Nunn Federal Center, O1Forsyth Street SW, Atlanta,
GA 30303
Filename: 1405735rantdboru5andK4ine(PamUco)_401-I[docx

Cayton Development Company, LLC
DWR# 14-0573
Individual Certification #4003
Page 3 of 7
CERTIFICATION #4003 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 Mr. Scott Cayton and Cayton Development Company, 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 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 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 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,
2014. 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 to the site must be made according to the approved plans or
must receive written approval from this Office. The mitigation site must be preserved in
perpetuity by recordation of the Conservation Declaration revised on August 22, 2014 and
received by the Division on September 24, 2014.
This mitigation plan is only approved for credits towards the impacts approved in this
Certification.

Cayton Development Company, UI
DVVR#l4-0D73
Individual Certification #400I
Page 4of7
3. Please be aware that bv having impacted streams without first applying for and securing the
issuance of a 401 Water Quality Certification, you have violated Title 15A of the North
Carolina Administrative Code (NCA[) 2H .0500. Title 15ANCA[2H .0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including wetlands, 83
described in33 Code of Federal Regulations (CFR) Part 323. |t also states any person
desiring issuance Of the State certification Or coverage under a general certification required
by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Resources. Pursuant to G.S. 143-2I5.6/\ these violations
and any future violations are subject to a civil penalty assessment ofuptV 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 in the 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 areincOrporated 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 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 Ofthe North Carolina Sediment and Erosion Control
Manual. The devices shall bemaintained 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.
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 of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stornnvvaterrouting and treatment shall bgon site 8L all times.

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.
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:
11tIP.L ortal.ncd(-rar.or .�/,w ) sZsu rli LOtL ew tab -w.
8. Work in the Dry
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, LL[
DVVR#14fB7]
Individual Certification #4DO3
Page 6of7
12. Any hprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be 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 stnp8rnbaDk 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 hpr3p used for stream stabilization shall beOfa size and density SOaS not tDbe able to
be carried off by wave, current action, Or stream flows and consist Of clean rock ormasonry
material free Of debris or toxic pollutants. RiprBp shall not be installed in the Streamnbed
except in specific areas required for velocity control and to ensure integrity of bank
stabilization measures.
14. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted tDnO closer than lO 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,
16. Continuing Compliance
Mr. Scott [aytVnand Covton Development Company, LLC shall conduct construction activities
ina 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. |f 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 C8ytOn and Cayton
Development Company, LLC and the U.S. Army Corps Of Engineers, provide public notice in
accordance with I5ANC/\[O2H.05O3 and provide opportunity for public hearing in
accordance with l5ANCACO2H.O5O4. Any new or revised conditions shall be provided to
Mr. Scott CGyton and [8ytOn Development Company, LLCin writing, shall b8 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.
1l This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project areincOrpOrated by reference
and are an enforceable part of the Certification. |f you change your project, yOurnustnQtif»
the Division and you may be required to submit 3 new application package with the
appropriate fee. |f the property is sold, the new owner must be given a copy o[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.

[ayton Development Company, UI
DVVR#14{}573
Individual Certification #4U0]
Page 7of7
18. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DVVR4O10' Buffer Permitting Unit within ten days of project connp|etion
29. 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.