20040325 Ver 1_Approval Letter_20040409

William G. Ross Jr., Secretary
~O ~ North Carolina Department of Environment and Natural Resources
r
~ Alan W. Klimek, P.E., Director
~ Division of Water Quality
Coleen H. Sullins, Deputy Duector
Division of Water Quality
Apri19 2004
Cumberland County
DWQ Project #: 04-0325
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE
Ecobank, )[nc.
C/o Mr. B~11 Gerber
1555 Howell Branch Road
#C 200
Winter Park, FL 32789
Subject Property: Barra Farms Cape Fear Regional Wetland Mitigation Bank
Dear Mr. Gerber:
You have our approval, in accordance with the attached conditions, to impact 6.67 acres of ditches for
the purpose: of constructing Phase II of the Barra Farms Mitigation Bank as you described in your
application dated March 4, 2004 (Received March 5, 2004). After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3399, which .may be
viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use
Nationwide Permit Number 27 when the Corps of Engineers issues it. In addition, you should get any
other federal, state or local permits before you go .ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 or LAMA permit expires
unless otherwise specified in the General Certification.
This approv~ll is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a
new application. If the property 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 wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, yoga must follow the conditions listed in the attached certification and any additional
conditions listed below.
Conditions of Certification:
Certification of Completion

N. C. Division of Water Qua:fity, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.uslncwetlands

Page 2
Mr. Gerber
Apri19, 2004
1. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401/Wetlands Unit; North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
2. Mitigation shall be done in accordance with the Mitigation Banking Instrument when approval
is obtained from the relevant state and federal agencies by the applicant.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federa1404 andlor coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, 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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Ken Averitte at our
Fayetteville Regional Office at 910-486-1541.
Sincerely,
JRD/bs
Attachments
ime , P.E., Dir for
cc: Corps of Engineers Wilmington Field Office
Ken Averitte, Fayetteville DWQ Regional Office
File copy
Central Files
Kim Williams, Land Management Group, P. O. Box 2522, Wilmington, NC 28402