20200316 Ver 2_NCDWR 20200316 Ver 1_Approval Letter_20200417_20200824

ROY COOPER
Gawmor
MICHAEL S. REGAN
secrewy
S. DANIEL SMITH'
Dfrecmr
Tri-South Builders, Inc.
Attn: Wes Caddell
P.O. Bo 805
Carthage, NC 28327
NORTH CAR:OLINA.
Envirortraientra#'Qual'ity
April 16, 2020
DWR # 20-0316
Moore County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Brookwood Subdivision Phase 2
Dear Mr. Caddell:
You have our approval for the impacts listed below for the purpose described in your
application dated February 27, 2020, received by the. Division of Water Resources (Division)
February 27, 2020 and payment received on March 12, 2020. These impacts are covered by the
attached Water Quality General Certification Number(s) 4139 and the conditions listed below.
This certification is associated with the use of Nationwide Permit Number(s) 29 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:
1. 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)].
North Carolina Department ofEnvironmental Qj;3aI(ty I D1uisint€ of 4Vake3' Resourt es
DEVayerrr,ville kcgtonal Office 1 225 Green Street, Su1re 7t4 j Fayetteville, North Carolina 28301
uepurr in^em�:xnrcwa4uWa�ry 40.433,3300

Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Wetland Impact W1
0.194 (acres)
(acres)
2. This approval is for the purpose and design described in your application and the
additional information provided. 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. Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within the Brookwood
Subdivision may be considered cumulative to impacts approved in this Certification and
may require a modification of this 401 Water Quality Certification approval. [15A NCAC
02H .0506(4) and 15A NCAC 02H .0501 and .0502]
4. The permittee shall report to the Fayetteville Regional Office any noncompliance with
this certification, any violation of stream or wetland standards [15A NCAC 02B .0200]
including but not limited to sediment impacts, and any violation of state regulated
riparian buffer rules [15A NCAC 02B .02001. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the applicant
became aware of the circumstances. A written submission shall also be provided within
5 business days of the time the applicant becomes aware of the circumstances. The
written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case -
by -case basis.
5. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A
NCAC 02H .0507 (c)].
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 150B 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.coml 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 8:00am and 5:00pm, 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 Chad Turlington at 910-433-3320 or [e-mail] if you have any
questions or concerns.
Sincerely,
❑o u8igneddn by*nn __
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5489=3DO5C42B...
Trent Allen
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Enclosures: GC4139

Cc: Krissina Newcomb — Hal Owen & Associates, Inc. - via email
Ross Sullivan - USACE Raleigh Regulatory Field Office - via email
FRO File