20040325 Ver 1_Approval Letter_20040406 (2)

Michael F. E~ISIey, Gavernar William G. Rass Jr., Secretary
Alan W. Klimek, P.E., Direatar
Caleen H. Sullins, Deputy Director
Division of Water Quality
Apri16, 2004
Cumberland County
DWQ Project No. 04-0325
APPRO`~AL of 401 Water Quality Certification
Mr. Bill CTerber
ECOBANK
1555 Howell Branch Road
Winter Park, Florida, 32789
Dear Mr. Gerber:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 6.67 acres of waters (ditches) for the purpose of restoring wetland hydrology to Phase II of the
Barra Farnls Cape Fear Regional Mitigation Bank in southern Cumberland County. The project shall be
constructed in accordance with the application dated March 5, 2004, as filed on your behalf by Kim
Williams of the Land Management Group, Inc. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification Number 3399. This certification corresponds to
the Corps of Engineers Nationwide Permit 27. In addition, you should acquire any other federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the
accompanying 404 permit, unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the DWQ and submit 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 the conditions. For this approval to remain valid, you must
adhere to the conditions listed in the attached certification.
1.) Upon completion of the project, ECOBANK shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the Division of Water Quality upon completion of the project.
225 Green Street -Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone] \ FAX: [phone] \ Internet: ww.enr.state.nc.us/ENR/
An Equal Opportunity /Affirmative Action Employer - 50 % Recycled \ 10 % Post Consumer Paper
NorthCarolina
~aturq!!t~

Mr. Bill Gerber
April 6, 2004
Page 2
2.) ECOBANK shall conduct its 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 law and federal law. If
DWQ 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, DWQ may re-evaluate and modify
this certification to include conditions appropriate to assure compliance with such standards
and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
certification, DWQ shall notify ECOBANK and the US Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to ECOBANK in writing, shall be provided to the US 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.
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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 contact Mr. John Dorney at 919-733-9646 or Mr. Ken Averitte in
the Fayetteville Regional Office at 910-486-1541, ext 722.
Sincerely,
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville Regional Office
401/Wetlands Unit
Central Files
Kim Williams, Land Management Group, Inc.
Banafarm.401

Michael F. Easley, Governor William G. Ross Jr., Secretary
Alan W. Klimek, P.E., Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 6, 2004
Cumberland County
DWQ Project No. 04-0325
APPROVAL of 401 Water Quality Certification
Mr. Bill Gerber
ECOBANK
1555 Howell Branch Road
Winter Park, Florida, 32789
Dear Mr. Gerber:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 6.67 acres of waters (ditches) for the purpose of restoring wetland hydrology to Phase II of the
Barra Farms Cape Fear Regional Mitigation Bank in southern Cumberland County. The project shall be
constructed in accordance with the application dated March 5, 2004, as filed on your behalf by Kim
Williams of the Land Management Group, Inc. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification Number 3399. This certification corresponds to
the Corps of Engineers Nationwide Permit 27. In addition, you should acquire any other federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the
accompanying 404 permit, unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the DWQ and submit 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 the conditions. For this approval to remain valid, you must
adhere to the conditions listed in the attached certification.
1.) Upon completion of the project, ECOBANK shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the Division of Water Quality upon completion of the project.
225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone] \ FAX: [phone] \ Internet: ww.enr.state.nc.us/ENR/
An Equal opportunity / Affirmative Action Employer - 50 % Recycled \ 10 % Post Consumer Paper
NorthCarolina
Aaturally
Mr. Bill Gerber
April 6, 2004
Page 2
2.) ECOBANK shall conduct its 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 law and federal law. If
DWQ 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, DWQ may re-evaluate and modify
this certification to include conditions appropriate to assure compliance with such standards
and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
certification, DWQ shall notify ECOBANK and the US Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 211.0503, and provide opportunity for public
hearing in accordance with 15A NCAC 211.0504. Any new or revised conditions shall be
provided to ECOBANK in writing, shall be provided to the US 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.
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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 contact Mr. John Dorney at 919-733-9646 or Mr. Ken Averitte in
the Fayetteville Regional Office at 910-486-1541, ext 722.
Sincerely,
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville Regional Office
401/Wetlands Unit
Central Files
Kim Williams, Land Management Group, Inc.
Barrafarm.401