20070156 Ver 4_Approval Letter_20080305

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
March 5, 2008
DWQ Project # 07-01.56, Ver. 4
Greene County
Mr. Buzz Shackelford
Mill Run Development Group
P.O. Box 68
Hookerton, NC 2853.8
Subject Property: Cutter Creek Plantation Mitigation Site -REVISED
Ut to Mussel Run [030407, 27-86-23, C, SW, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Shackelford:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 2,550 linear feet of intermittent stream, and 0.00 square feet
of Zone 1 Neuse River basin protected riparian buffers, and 0.00 square feet of Zone 2 Neuse
River basin protected riparian buffers, as described in your application dated January 16, 2008,
and received by the Division of Water Quality (DWQ) on January 18, 2008, to conduct the
proposed stream restoration. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Number(s) 3689 (GC3689). The
Certification(s) allows you to use Nationwide Permit(s) NW27 when issued by the US Army
Corps of Engineers (USAGE). This Certification replaces the Certification issued to you on
March 3, 2008. This letter shall also act as your approved Authorization Certificate for impacts
to the protected riparian buffers per 15A NCAC 2B .0233. 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 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 fills for this project (now or in
the future) exceed one acre of wetland or 1501inear 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.
401 OversightBxpress 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: http://h2o.enr.state.nc.us/ncwetlands
N~°iihCarolina
~aturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

Mill Run Development Group
Page 2 of 4
March 5, 2008
The Additional Conditions of the Certification are:
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:
T e of Im act Amount A roved Units Reference
Stream -intermittent 2,550 (linear feet) PCN a e 8 of 12
Buffer -Zone 1 0.00 (s uare ft.) PCN a e 11 of 12
Buffer -Zone 2 0.00 (s uare ft.) PCN a e 11 of 12
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 in 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

Mill Run Development Group
Page 3 of 4
March 5, 2008
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 Plans
You have our approval for your proposed final stream restoration at the site. The stream
restoration at the site 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 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
Upori 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 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. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B
.0233. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-
1786.
,~
Sincerer
Coleen H. Sullins

Mill Run Development Group
Page 4 of 4
March 5, 2008
CHS/ijm
Enclosures: GC3689
Certificate of Completion
cc: USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Kim Williams, Land Management Group, Inc., P.O. Box 2522, Wilmington, NC 28402
Filename: 070156 V er4CutterCreekPlantationM itigationS ite(Greene)401 _NB R_Revised

>, ',
Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
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 Uriit,
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 spec cations,
and other supporting materials.
Signature:
Date:
Agent'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:
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