20071115 Ver 2_Approval Letter_20071113

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 13, 2007
DWQ Project # 07-1115, Ver. 2
Harnett County
Mr. Norton Webster
Environmental Banc & Exchange, LLC
909 Capability Drive, Suite 3100
Raleigh, NC 27606
Subject Property: Beaverdam Swamp Stream/Wetland Enhancement
Beaverdam Swamp [030614, 18-23-34, 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 2.1 acres of 404/wetland, 9,538 linear feet of perennial stream (temporary
stream impact), as described in your application dated October 19, 2007, and received by the Division of
Water Quality (DWQ) on October 19, 2007, to conduct the proposed stream restoration and wetland
enhancement. 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 CAMA
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 requirp~l; Yo;send us a new application. If the properly 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 150 linear 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.
The Additional Conditions of the Certification are:
I . 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 2.1 (acres) PCN a e 8 of 13
Stream - tem ora 9,538 (linear feet) PCN a e 9 of 13
401 Oversight/Express 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: htta'//h2o enr.state nausLncw___~__{etlands
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None Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Environmental Banc & Exchange, LLC
Page 2 of 3
November 13, 2007
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 iri 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;
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/Wetland Enhancement Plans
You have our approval for your proposed final stream restoration and wetland enhancement at the
site. The stream restoration and wetland enharicement must be constructed and maintained
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 enhanced wetlands must be preserved in
perpetuity by use of a conservation easement or other similar mechanism as part of the approved
plans.
7. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modification's; the applicant is required to return the attached

Environmental Banc & Exchange, LLC
Page 3 of 3
November 13, 2007
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 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. 1 SOB.
This letter completes the review of the Division of Water Quality under Section 4Q1 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan X19-733-1786.
Si
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Coleen H. Sullins, Director
Division of Water Quality
CHS/ijm
Enclosures: GC3626
Certificate of Completion ,~
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cc: USACE Fayetteville Regulatory Field Office
Ken Averitte, DWQ Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Central Files
Todd St. John, Kimley-Horn & Associates, Inc., 3001 Weston Parkway, Cary, NC 27513
Filename: 071115 Ver2BeaverdamSwampStream WetlandEnhancement(Harnett~401
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Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
county:
Date of Issuance of Certification or Authorization:
Certificate of Completion
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, ,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:
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.
Signature: Registration No. Date