19970550 Ver 2_Approval Letter_20110203

AIM" FA A
KNEW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 3, 2011
Mr. Clyde T. Wood, Jr
King Model Homes Construction Co., Inc.
143 N. Reilly Road
Fayetteville, NC 28303
Subject Property: Harris Place, Phase IV - Lots 13-15
Little Rockfish Creek [030615, 18-31-24-(1), C]
DWQ Project # 97-0550, Ver. 2
Cumberland County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Wood:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.39 acres of 404/wetland, as described within your application dated
September 10, 2010, and received by the N.C. Division of Water Quality (DWQ) on September 15, 2010,
with additional information received from you on December 14, 2010, and February 1, 2011, to construct
the proposed residential development at the site. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3821 (GC3821). The
Certification(s) allows you to use Nationwide Permit(s) NW39 when issued by the US Army Corps of
Engineers (USACE). 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, Non-discharge, and other 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 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:
Conditions of Certification:
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:
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX: [phone]
Internet hUp:l/portal.ncdenr.orglweb/wglws
An Equal Opportunity 1 AffirmatNe Action Employer
Harris Place Phase IV, Lots 13-15
Page 2 of 4
February 3, 2011
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetlands 0.39 (acres) PCN Application page 4 of 10
Sediment and Erosion Control:
2. 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.
3. 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 404/401 Permit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program 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 activities to ensure compliance with 15 NCAC 2H,
Section .0500;
6. If this Water Quality Certification is used to access building sites, then all lots owned by the applicant
must be buildable without additional impacts to streams or wetlands. The applicant is required to
provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters,
buffers if required to do so by the Division. For road construction purposes, this Certification shall only
be utilized from natural high ground to natural high ground.
7. Harris Place is considered the to be property as shown on the site plan map titled Harris Place - King
Model Homes, prepared by Baucom-Davis & Associates, and received by the DWQ on February 1,
2011. Harris place includes all Phases 1-6, including the "future development" areas shown in Phases 5
and 6.
Harris Place Phase IV, Lots 13-15
Page 3 of 4
February 3, 2011
8. "Re-opener" Clause
Mr. Clyde T. Wood, Jr., and King Model Homes Construction Co., Inc., and its authorized
agents, 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 Mr. Clyde T.
Wood, Jr., and King Model Homes Construction Co., Inc. shall require its contractors (and/or
agents) to comply with all of the terms of this Certification, and shall provide each of its
contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be
included in the construction contract and available on the job site at all times. 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 reevaluate 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 Mr. Clyde T. Wood, Jr., and King Model Homes Construction Co., Inc. 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 Mr. Clyde T. Wood, Jr., and King Model Homes
Construction Co., Inc. in writing, shall be provided to the United States 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.
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time lots or properties are recorded. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at:
http://portal.ncdenr.org/c/document-library/get_file?uuid=ef84d0e 1-5fc9-4183-87b5-
2f9d7eb152e0&groupId=38364 The text of the sample deed notification maybe modified as
appropriate to suit to this project.. The text of the sample deed notification may be modified as
appropriate to suit to this project.
Certificate of Completion:
10. 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.
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.
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 wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of
Harris Place Phase IV, Lots 13-15
Page 4 of 4
February 3, 2011
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
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 Ian McMillan or Amy Chapman in the Central Office in
Raleigh at 919-807-6301 or Chad Turlington in the DWQ Fayetteville Regional Office at 910-433-3300.
Sincerely,
Coleen H. Sullins
CHS/gym
Enclosures: GC3821
Certificate of Completion
cc: Chad Turlington, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
DLR Fayetteville Regional Office
File Copy
Jim Spangler, Spangler Environmental, Inc., 4338 Bland Road, Raleigh, NC 27609
970550Ver2HarrisPlacePhasefV-Lots 13_15(Cumberland)401