20100447 Ver 1_Approval Letter_20100902

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 2, 2010
Affordable Home Inspection, LLC
P.O. Box 545
Norwood, NC 28127
Subject Property: Lillys Cove - AFTER-THE-FACT
Ut to Lake Tillery [030708, 13-(1)-WSIV, B, CA]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Sir or Madam:
DWQ Project # 10-0447
Montgomery County
You have our After-the-Fact approval, in accordance with the attached conditions and those listed below,
to place fill within or otherwise impact 0.05 acres of 404/wetland, 93.69 linear feet of perennial stream
(74.69 linear feet permanent impact and 19 linear feet temporary impact), and 87.56 linear feet
intermittent stream (74.56 linear feet permanent impact and 13 linear feet temporary impact) as described
within your revised application dated August 19, 2010, and received by the N.C. Division of Water
Quality (DWQ) on August 23, 2010, to construct the proposed residential development at the site. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3821 (GC3821). The Certification(s) allows you to use Nationwide Permit(s)
NW29, respectively, when issued by the US Army Corps of Engineers (USACE). 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 CANU 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 150 linear 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
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 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hftp://portal.ncdenr.org/web/wgtws
An Equal Opportunity 1 Affirmative Action Employer
Affordable Home Inspection, LLC
Page 2 of 4
September 2, 2010
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.05 acres PCN a e 5 of 12
Stream (perennial) 93.69[ (linear feet) 74.69 linear feet PCN page 5 of 12
permanent impact and 19 linear feet
temporary impact ]
Stream (intermittent) 87.56[ (linear feet) 74.56 linear feet PCN page 5 of 12
permanent impact and 13 linear feet
temporary impact]
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 404/40 1 Permit 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 without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
5. Deed Notifications
Deed notifications or 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 lots or properties are recorded. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
htW:Hportal.ncdenr.org/c/document library/get file?uuid=ef84dOel-5fc9-4183-87b5-
2f9d7eb152e0&groupld=38364 The text of the sample deed notification may be modified as
appropriate to suit to this project.
6. 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
Affordable Home Inspection, LLC
Page 3 of 4
September 2, 2010
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;
Please be aware that by having impacted waters without first applying for and securing the issuance
of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina
Administrative Code (NCAC) 2H.0500. Title 15A NCAC 2H.0500 requires certifications pursuant
to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a
discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations
(CFR) Part 323. It also states any person desiring issuance of the State certification or coverage
under a general certification required by Section 401 of the Federal Water Pollution Control Act shall
file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-
215.6A, these violations and any future violations are subject to a civil penalty assessment of up
to a maximum of $25,000.00 per day for each violation.
8. "Re-opener" Clause
Affordable Home Inspection, LLC, and its authorized agents shall conduct its 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. Affordable Home Inspection, LLC, shall require its contractors
(and/or agents) to comply with all of the terms of this Certification, and shall provide each of its
contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be
included in the construction contract and available on the job site at all times. If DWQ
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, DWQ 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, DWQ shall notify
Affordable Home Inspection, LLC, 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
Affordable Home Inspection, LLC, 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.
Certificate of Completion:
9. 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.
Affordable Home Inspection, LLC
Page 4 of 4
September 2, 2010
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
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 Ian McMillan and Amy Chapman in the Central Office
in Raleigh at 919-733-1786 or Chad Turlington in the DWQ Fayetteville Regional Office at 910-433-
3300.
Sincerely,
Coleen H. Sullins
CHS/gym
Enclosures: GC3821
Certificate of Completion
cc: Chad Turlington, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
DLR Fayetteville Regional Office
File Copy
D. David Homans, S&ME, Inc., 9751 Southern Pine Boulevard, Charlotte, NC 28273
Stephen Chambers, Chambers Engineering, P.A., P.O. Box 1726, Albemarle, NC 28002
Filename: 100447Li I IysCove(Montgomery)401