20120982 Ver 1_Approval Letter_20180124

Water Resources
Fm ronmentaI Qua I i IN
January 24, 2018
Moffatt & Nichol
Attn:John Dorney
4700 Falls of the Neuse Road, Suite 300
Raleigh, NC 27609
ROY COOPER
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MICHAEL S. REGAN
Se"rla, I
LINDA CULPEPPER
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DWR # 12-0982
Brunswick County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Town Creek Headwaters Mitigation Bank
Dear Mr. Dorney:
You have our approval for the impacts listed below for the purpose described in your
application dated December 6, 2017, received by the Division of Water Resources December
21, 2017. These impacts are covered by the attached Water Quality General Certification
Number 4091 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers.
Please note that you should get any other federal, state or local permits before proceeding with
your project, including those required by (but not limited to) Sediment and Erosion Control,
Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification (s) or
general permit and the following additional conditions:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
'Nothing Compares - _
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Open Waters
Unnamed Tribs to
0.26 (acres)
0 (acres)
Town Creek
Total
0.26
0
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 approval letter and General
Certification(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. The issuance of the 401 Water Quality Certification for the restoration/enhancement
project does not represent an approval of credit yield for the project. [15A NCAC 02H
.0500(h)]
4. You have our approval for your proposed final stream enhancements/restorations plan.
The stream restorations/enhancements must be constructed, maintained, and
monitored according to the plans approved by this Office and this Certificate of
Coverage. 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. [15A NCAC 02H .0506(h)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. 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:OOam and S:OOpm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], 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, FedEx,
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 Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Mac Haupt at 919-807-6476 or [e-mail] if you have any
questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch

Enclosures: GC 4091
cc: Samantha Dailey, USACE Raleigh Regulatory Field Office
Chad Coburn, DWR Wilmington Regional Office 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 120982TownCreekHeadwatersMitigation Bank(Brunswick)_401_aproval Itr.docx