20141085 Ver 1_Approval Letter_20141118

t'
North Carolina Department of Environment and natural Resources
Division of Water Resources
kiklater Quality Programs
Pat McCrory Thomas A Reeder John E. Skvarla, III
Governor Director Secretary
November 18, 2014
DWR # 14 1085
Pender County
American Tower Corporation
Attn: Richard Rossi
10 Presidential Way
Woburn, MA 01801
Subject Property: Holly 53 NC, Maple Full
APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Dear Mr. Rossi:
You have our approval, in accordance with the attached conditions and those listed below to
permanently impact approximately 0.086 acres of wetlands and 15 linear feet of waters as
described in your Pre - Construction (PCN) application dated September 25, 2014 and received
by the Division of Water Resources (Division) on October 20, 2014 and subsequent information
received by the Wilmington Regional Office (WiRO) on November 17, 2014. These impacts are
covered by the attached Water Quality General Certification Number 3890 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 18 once
it is issued to you by the U.S. Army Corps of Engineers. 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, Non - discharge,
Water Supply Watershed, and stormwater 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 requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
Nilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
'hone 910 - 796 -72151 FAX 910 - 350 -20041 DENR Assistance 1- 877 -623 -6748
nternet www ncwaterquallty org
\n Equal Opportunity 1 Affirmative Action Employer

American Tower Corporation
Attn: Richard Rossi
DWR Project # 141085
November 18, 2014
Page 2 of 6
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:
2. This approval is for the purpose and design described in your application The plans and
specifications for this project are incorporated by reference as 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 General 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 f 15A NCAC 02H .0501 and 05021.
3. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless
of the expiration of this Certification
4. 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 Resources Certification.
Amount Approved (Units)
Plan Location or Reference
Open Waters
60 sq ft
404/401 Wetlands
Permanent Temporary
Sheet C1 and an unlabelled
W1
(0.086 ac)
aerial showing impacts and
amounts (attached)
2. This approval is for the purpose and design described in your application The plans and
specifications for this project are incorporated by reference as 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 General 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 f 15A NCAC 02H .0501 and 05021.
3. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless
of the expiration of this Certification
4. 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 Resources Certification.

American Tower Corporation
Attn: Richard Rossi
DWR Project # 141085
November 18, 2014
Page 3 of 6
5. No Sediment & Erosion Control Measures within Wetlands or Waters
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) of
locally delegated program has released the specific area within the project [15A NCAC 02H
.0501 and 0502
6 Sediment and Erosion Control Measures
Sediment and erosion control measures shall be in place prior to ANY land disturbing
activities commencing. The silt fences shall be installed in accordance to plan and the side
cast from the trenching shall be placed on the impacted side of the fence and NOT the side
of the wetland that is to be left undisturbed.
7. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example — orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until
the project phase is completed. 115A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H
.0507 (c)]
8 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. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC
026 .0200 (3) (f) and GS 143 Article 21A]

American Tower Corporation
Attn: Richard Rossi
DWR Project # 141085
November 18, 2014
Page 4 of 6
9. 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 the Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 © and 15A NCAC 02H .0506 (b)(2) and
(c)(2)j
10. Deed Notification
Deed notifications 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 impacts. This mechanism shall be put in place at the time of
recording the property, or individual lots, whichever is appropriate.
A sample deed notification can be downloaded from the 401 and Buffer Permitting Unit
website at http: / /Portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms.
(15A NCAC 02H .0501 and .0502). A recorded copy of the deed notifications or restrictive
covenants (if required by the USACE) for the remaining wetlands on the project area shall
be included with the Certification of Completion (see Condition #20 in GC 3890). Any
mitigation required by the USACE must also be complied with.
11. Project Compliance
Within 60 days of completion of construction, as -built drawings (which can be shown on an
aerial or done as a survey) shall be submitted to both the Division of Water Resources, 401
and Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699 -1617 and to the
Wilmington Regional Office. [15A NCAC 02H .0507 © and 15A NCAC 02H .0506 (b)(2) and
(c) (2)j
12. 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 and /or
authorized agent is required to return a copy of the certificate of completion Form to the
DWR 401 and Buffers Unit within ten days of project completion (available at:
http: / /PortaI.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms).

American Tower Corporation
Attn: Richard Rossi
DWR Project # 141085
November 18, 2014
Page 5 of 6
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.
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) A petition form may be obtained from the OAH at
http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
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.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
Fed Ex, 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:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

American Tower Corporation
Attn: Richard Rossi
DWR Project # 141085
November 18, 2014
Page 6 of 6
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or
Jennifer. [e-mail] or Joanne Steenhuis in the Wilmington Regional Office at
910 796.7306 or Joanne.Steenhuis @ncdenr.gov if you have any questions or concerns.
Sincerely,
JiftG egson
Regional Supervisor
DWR Wilmington Regional Office
Enclosure: GC 3890
cc: William Marshburn —Owner
Nicholas Carmean — AquAeTer, Inc.- electronic copy
Jonathan Howell — DCM Morehead City — electronic copy
Emily Greer— USACE Wilmington Regulatory Field Office
Jennifer Burdette - DWQ Webscape Unit
WiRO

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Impacted Area
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Legend
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Prop Utility Esmnt.
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General Line
0 25 50 100 150 200
Wooded Area
Feet Impacted Wetland Area
PROJECT FILE