20070477 Ver 1_Approval Letter_20070531

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 31, 2007
Mr. Bob Stafford
Stafford Land Company, Inc.
246 Valleyfield Lane
Southern Pines, NC 28387
Subject Property: Glen Laurel Subdivision
Ut to Aberdeen Creek [030750, B]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 07-0477
Moore County
Approval of 401 Water Quality Certification with Additional Conditions -AFTER-THE-FACT
Dear Mr. Stafford:
You have our After-The-Fact approval, in accordance with the attached conditions and those listed below,
to place fill within or otherwise impact 0.27 acres of 404/wetland, and 201inear feet of intermittent stream
impact, to construct the proposed residential subdivision, as described within your application dated
March 14, 2007, and received by the N.C. Division of Water Quality (DWQ) on March 16, 2007, with
additional information received from you on April 3, 2007. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3625 (C3625).
The Certification(s) allows you to use Nationwide Permit(s) NW 12, when issued by the US Army Corps
of Engineers (USAGE). 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 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.
The Additional Conditions of the Certification are:
Conditions of Certification:
I . 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:
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] I FAX [phone] ! Internet: htto://h2o.enr.state.nc.us/ncwetlands

An Equal OpportunitylA(firmative Action Employer - 50% Recycled/10% Post Consumer Paper

Stafford Land Company, Inc.
Page ~ of 3
May 31, 2007
Amount ,4i roved (Units Plan Location or Reference
404/Wetland - ermanent 0.27 acres PCN a e 8 of 12
Stream -intermittent 20 linear feet PCN a e 8 of 12
Sediment and Erosion Control:
2. Erosion and sediment control practices rruust be in full compliance with all specifications governing
the proper design, installation and ope-•ation 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 Pfzrnning 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 Caro~ana 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 4(i4/401Perrr-it 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 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 tthe project;
5. Protective Fencing -The outside buffer; wetland or water boundary and along the construction coa•ridor
within these boundaries approved under tlltis authorization shall be clearly marked with orange warring
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 I S NCAC 2H,
Section .0500;
6. The sewer line segment south of Magnolia Drive, immediately behind lots 63,64, and 65, must be
restored to predisturbance contours. Due t3o the wetland restoration work anticipated on those partiicular
lots, it is recommended that the sewer line work be done in conjunction with the wetland restorati®n on
the residential lots. Failure to restore the sewer line to original grade will be a violation of this
Certification.
Deed Notification:
7. A deed notification or similar mechanism shall be attached to the deed and final plat clearly denoting
all remaining jurisdictional wetlands and w~+aters. This mechanism shall be put in place at the time of
the recording of the property, or the individual lots, whichever is appropriate. A sample deed
notification format can be downloaded from the 401/Wetlands Unit web site at

~tarrora Lana t;ompany, inc.
Page 3 of 3
May 31, 2007
http://h2o.enr.state.nc.us/ncwetlands. DWQ shall be sent copies of all deed restrictions applied to
these lots;
Certificate of Completion:
8. 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 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.
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 Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Ken Averitte in the DWQ Fayetteville Regional Office at 910-433-3303.
AWK/ijm
Enclosures: GC3625
Certificate of Completion
Si ely,
Alan W. Klimek, P.E.
cc: Ken Averitte, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
Hal Owens, Hal Owens and Associates, Inc., P.O. Box 400, Lillington, NC 27546
Fi I ename: 070477GIen LaweISD(M oore)401