20010034 Ver 2_Approval Letter_20070403

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
Apri13, 2007
SRW Builders, Inc.
Sharlene Williams, President
238 McPherson Church Road
Fayetteville, NC, 28303
Re: King's Grant, Tracts 1-5, Cumberland County
McPherson Creek, 18-24-3-(2), WSIV B
DWQ #2001-0034 Version 2; USACE Action ID. No. 200500603
APPROVAL of 401 Water Quality Certification
Dear Ms. Williams:
Attached hereto is a copy of Certification No. 3655 issued to Sharlene Williams of SRW Builders, Inc.,
dated Apri13, 2007. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
AWKlcbk
Attachments: Certificate of Completion
Sincerely,
~ ~'
(. ~~,~-~
Alan W. Klimek, P.E.
cc: U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Wilmington District, USACOE
Belinda Henson, DWQ, Fayetteville Regional Office
DLR Fayetteville Regional Office
Doug Huggett, DCM
File Copy
Central Files
Bob Zarzecki, S&EC, 11010 Raven Ridge Road, Raleigh, NC, 27614
Alan Fickett, EcoBank NC, 5104 N. Orange Blossom Trail, Suite 210, Orlando, FL, 32810
Filename: 20010034V2KingsGrant(Cumberland)401
Nose Carolina
401 OversighUExpress Review Permitting Unit ° "`tura~~/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650.
2321 Crabtree Boulevard, Suite 250, Raieigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Kings Grant
Page 2 of 5
Apri13, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Sharlene Williams of SRW Builders, Inc. to fi110.71 acre of
jurisdictional wetlands in the Cape Fear River Basin, associated with the construction of King's Grant
Subdivision, Tracts 1 - 5, in Cumberland County, North Carolina, pursuant to an application filed on the
16`'' day of February of 2007, and in additional correspondence received March 15, 2007. These impacts
are in addition to historical impacts to 5.6 acres of wetlands associated with the King's Grant development.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation maybe required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification maybe required. For this approval to be valid,
compliance with the conditions listed below is required.
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:
Amount Approved (Units) Plan Location or Reference
404 Wetlands 0.71 (acres) U.S. Army Corps of Engineers
Public Notice issued 2/16/07
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

Kings Grant
Page 3 of 5
April 3, 2007
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
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 404/401Permit 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;
Continuing Compliance:
Sharlene Williams and SRW Builders, Inc., shall conduct construction 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. If the Division 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, the Division 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, the Division shall notify Sharlene Williams and/or SRW Builders,
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 Sharlene Williams and/or SRW Builders, 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;
6. Written Stormwater Management Plan
If in the future the final percent impervious cover for this project exceeds 30%, or if pockets of
high density within Tracts 1 - 5 exceed 30%, a final, written stormwater management plan
(including a signed and notarized Operation and Maintenance Agreement) shall be submitted to
the 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC,
27604). The stormwater management plans shall be approved in writing by this Office for areas
exceeding 30% impervious cover before construction of the new impacts described within the US
Army Corps of Engineers' Public Notice dated February 16, 2007. You have the option of using
the Express Review Program for expedited approval of these plans. If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan. The stormwater
management plan must include construction plans, specifications, stormwater BMP worksheets,
and supporting calculations. The stormwater best management practices are required to be
appropriate for the surface water classification and designed to remove at least 85% TSS

Kings Grant
Page 4 of 5
Apri13, 2007
according to the most recent version of the NC DENR Stormwater Best Management Practices
Manual. These facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality. Also, before any new permanent
building included within this new Certification is occupied at the subject site, the facilities (as
approved by this Office) shall be constructed and operational, and the stormwater management
plan (as approved by this Office) shall be implemented. The structural stormwater practices as
approved by this Office as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization from
the Division of Water Quality.
Approvals by local stormwater programs would serve to meet this condition provided that the
facilities are appropriate for the surface water classification and designed to remove at least 85%
TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual.
There shall be no direct discharges to streams from fairways, tee areas, or greens.
Miti ag tion:
7. Compensatory Mitigation Using a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you intend to purchase credits from.the Barra Farms Regional Mitigation Bank,
Phase II in Cumberland County as described in your application to meet this mitigation
requirement. Our records show that the Barra Farms Mitigation Bank in Cumberland County
received a 401 Water Quality Certification on Apri16, 2004 (DWQ Project No. 2004-0325) and is
available for credit release for your project. This contribution has been determined by the DWQ
to be a suitable method to meet the mitigation requirement. Until the Barra Farms Regional
Mitigation Bank receives and clears your check, and proof of payment has been provided to
this Office, no impacts specified. in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment into the Barra
Farms Regional Mitigation Bank, Phase II to meet the following compensatory mitigation
requirement:
Compensatory Mitigation River and Sub-basin Number
Required
Wetlands 1.42 (acres) (0.71 @ 2:1) 030615
(non-riparian)
Road Crossings:
8. Culvert Installation
Culverts required for this project shall be installed in such a manner that hydraulic connectivity
within impacted wetlands is maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement. If any of the existing pipes are or
become perched, the appropriate grade shall be re-established or, if the pipes installed in a perched
manner, the pipes shall be removed and re-installed correctly.

Kings Grant
Page 5 of 5
Apri13, 2007
Other conditions:
9. Certificate of Completion
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.
10. Deed Notifications or Restrictive Covenants
Deed notifications, restrictive covenants or other 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 of
recording of the property, or of individual lots, whichever is appropriate. A sample deed
notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project.
11. Temporary Fills
All temporary fill shall be removed and the impacted area returned to the original grade after
construction is complete, and the site(s) shall be stabilized with natural woody vegetation (except
for the maintenance areas of permanent utility crossings) and restored to prevent erosion. If the
temporary fill areas are not completely removed-and restored as described above within the
specified time above, additional written approval from this Office must be obtained to modify this
condition.
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 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this. Certification shall be final and binding.
This the 3rd day of Apri12007
DIVISION OF WA/T/ER QUrALITY
,(/G`,~tiz cam/
Alan W. Klimek, P.E.
AWKlcbk