20051283 Ver 1_Approval Letter_20051002

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 2, 2005
Mr. David Clark
Clearwater Enterprises, Inc.
302 South Poplar Street
P.O. Box 339
Elizabethtown, NC 28337
Subject Property: Timberlodge subdivision
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Clark:
Alan W. tuimek, P.E. Director
Division of Water Quality
DWQ Project # 20051283
Bladen County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.50 acres of wetlands and restoration of 0.413 acres of impacted wetlands for
the purpose of constructing the Timberlodge subdivision at NC 53 and SR 1515, as described within your
modified application dated August 19, 2005 and received by the N.C. Division of Water Quality (DWQ)
on August 19, 2005. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) (GC3495 and 3402). The Certification(s) allows you to
use Nationwide Permit(s) 27 and 39 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 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:
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 A roved (iJnits) Plan Location or Reference
404/CAMA Wetlands 0.5 acres) Site lan and a lication
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Sufte 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
None Carolina
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An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

David Clark
Page 2 of 3
October 2, 2005
2. Erosion & Sediment Control Practices
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. 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.
3. No Waste, Spoil, Solids, or Fill of Any Kind
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 Pre-Construction Notification. 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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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. 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 OversightlExpress Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. The on-site restoration plan included in the amended application is hereby approved with the
following changes:
6.1. Loblolly pine and river birch shall be deleted from the planned planting mix.
6.2. Monitoring shall be done annually for plant survival, soil characteristics and observations of
hydrology. Annual reports shall be sent to DWQ for five (5) years. If less than 320 trees per
acre are present at any annual reporting period, the applicant shall conduct supplemental
plantings and monitor them to ensure that this success criteria is met for five (5) years.

David Clark
Page 3 of 3
October 2, 2005
Violations of any condition herein set forth may result in revocation of this Certification ai~w``:ay 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 LAMA 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 John Dorney or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Ken Averitte in the DWQ Fayetteville Regional Office at 910-486-1541.
Sincerely,
AWK/jrd
Enclosures: GC 3495 and 3402
Certificate of Completion
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n .Klimek, P.E.
cc: Jessica Regan, Soil and Environmental Consultants
Jennifer Frye, USACE Wilmington Regulatory Field Office
Ken Averitte, DWQ Fayetteville Regional Office
File Copy
Central Files
Steven Everhart, NC Wildlife Resources Commission
Filename: 20051283Timberlodge(Bladen~t01