20070434 Ver 1_Approval Letter_20070330

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 30, 2007
DWQ Project # 07-0434
Harnett County
Mr. Larry Witek
Harnett 27, LLC
1121 Situs Court, Suite 390
Raleigh, NC 27606
Subject Property: Stoneridge Subdivision
Ut to Hickory Branch [030613, 18-20-13-9, C]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Witek:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.10 acres of 404/wetland and 2571inear feet of perennial
stream, to construct the proposed residential subdivision, as described within your application
dated March 7, 2007, and received by the N.C. Division of Water Quality (DWQ) on March 9,
2007, with additional information received on March 12, 2007. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3631 (GC3631). The Certification(s) allows you to use Nationwide Permit(s) NW29,
respectively, when issued by the US Army Corps of Engineers (LTSACE). 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 prof ect, you must notify us and you may be required to send us .anew 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:
1. Impacts Approved
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]nternet: http://h2o.enr.state.nc.us/ncwetlands
Noe Carolina
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An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

Harnett 27, LLC
Page 2 of 4
March 30, 2007
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:
Amount Approved (Units) Plan Location or
Reference
404/Wetland 0.10 (acres) PCN page 5 of 11
Stream -perennial 257 (linear feet) PCN page 6 of 11
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 404/401Pennit 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 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;

Harnett 27, LLC
Page 3 of 4
March 30, 2007
Miti ag tion:
6. Compensatory Mitigation Using Onsite Preservation
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you will be preserving 3,551 linear feet of onsite stream channel and its
associated 50-foot buffer (this represents more than a 13:1 ratio) with restrictive covenants as
outlined and committed to by you within Section VIII, Part 1-Mitigation, which was
submitted as part of your application package and received by the DWQ on March 9, 2007.
Additionally, you have committed to preserving the remaining 5,0801inear feet of onsite
stream channel, however, in these areas the buffer will be variable in width, and therefore
these areas were not included in the calculation of the preservation ratio, although they will
be included in the areas protected with the restrictive covenants. Harnett 27, LLC, must
establish the restrictive covenants for Stoneridge Subdivision and a copy must be provided to
the North Carolina Division of Water Quality, Central Office (2321 Crabtree Blvd, Suite 250,
Raleigh, NC, 27604) within 90 days of issuance of this Certification. These proposed
preservation areas must remain in a restrictive covenant for Harnett 27, LLC. Harnett 27,
LLC must maintain this restrictive covenant as long as it owns the Stoneridge Subdivision
development and transfer the restrictive covenants and its requirements to any future owners,
trustees executors or other agents including any Home Owners Association within the subject
subdivision. This aforementioned method has been determined by the DWQ to be a suitable
means to meet the mitigation requirement.
Compensatory
Mitigation Re uired River and Sub-basin
Number
Stream 257 (linear feet) Ca e Fear/03030004
7. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and 'sedimentation control program,
an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically
issued to the project. This General Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or more acres],
full compliance with permit conditions including the sedimentation control plan, self-
monitoring, record keeping and reporting requirements are required. A copy of this permit
and monitoring report forms maybe found at
http•//h~o enr.stc~te.nc..c~s/st /Fog°ms Doeufrtents.httn.;
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.

Harnett 27, LLC
Page 4 of 4
March 30, 2007
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 910-433-3300.
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Enclosures: GC3631
Certificate of Completion
Sincerely,
~~.
Alan W. Klimek, P.E.
cc: Ken Averitte, DWQ Fayetteville Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd Tugwell, Kimley-Horn and Associates, Inc., P.O. Box 33068, Raleigh, NC 27636-3068
Filename: 070434StoneridgeSD(Harnett)401