20071444 Ver 2_Approval Letter_20100910

Beverly Eaves Perdue
Governor
AffiliA
NCDENR_
North Carolina Department of Environment and Natural Resources
Division of Water Quality ,
Coleen H. Sullins
Director
September 10, 2010
The Dormie Club, LLC
631 U.S. Highway 1, Suite 406
North Palm Beach, FL 33408
Dee Freeman
Secretary
DWQ Project # 07-1444, Ver. 2
Moore County
Subject Property: The Dormie Golf Club - Hole No. 10
Lower Little River [030614,18-23-(l), WSIII, HQW]
Approval of General Permit For Impacts To Isolated and Other Non-404 Jurisdictional Wetlands
and Waters Permit No. IWGP100000 with Additional Conditions - AFTER-THE-FACT
Dear Sir or Madam:
You have our After-the-Fact approval, in accordance with the attached conditions and those listed below,
to place fill within or otherwise impact 0.78 acres of Isolated and other Non-404/Wetlands (0.38 acres
previously approved, 0.40 acres new impacts) for the purpose of repairing golf hole No. 10 at the site, as
described within your application dated August 10, 2010, and received by the N.C. Division of Water
Quality (DWQ) on August 11, 2010, with additional information received on September 2, 2010. After
reviewing your application, we have decided that the impacts are covered by the State General Permit for
Impacts to Isolated and Other Non-404 Jurisdictional Wetlands and Waters (IWGP 100000). 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, and 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 Isolated and
Other Non-404 Jurisdictional Wetlands and Waters as depicted in your application and as
authorized by this Permit, shall expire upon expiration of IWGP100000 (October 31, 2013) or
unless otherwise rescinded by the Director of the Division of Water Quality.
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 .1300 (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
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: http://portal.ncdenr.org/web/wglws
An Equal Opportunity 1 Affirmative Action Employer
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The Dormie Club, LLC ,
Page 2 of 4
- -- - --- - - -- _ September-1-00-1-0-
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:
Type of Impact Amount Approved nits Plan Location or Reference
Isolated and Other Non- 0.78 (acres) (0.38 acres PCN page 4 of 10
404/Wetlands previously approved, 0.40 acres
new impact)
2. 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
19 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.
3. 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.
4. Sediment and Erosion Control Measures
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. 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;

The Dormie Club, LLC
Page 3 of 4
September 10, 2010
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6. -- - --
No Impacts Beyond those in Application
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.
7. 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
http://portal.ncdenr.org/c/document library/get file?uuid=ef84d0e1-5fc9-4183-87b5-
2f9d7ebl52e0& roupId=38364 The text of the sample deed notification may be modified as
appropriate to suit to this project.
8. 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.
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 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 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:
The Dormie Club, LLC
Page 4 of 4
September 10, 2010
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 the Isolated Wetland Rules. If
you have any questions, please telephone Ian McMillan or Amy Chapman in the Central Office in
Raleigh at 919-733-1786 or Chad Turlington in the DWQ Fayetteville Regional Office 919-433-3300.
Sincqkely, 1 1n
"iNUU
01L Coleen H. Sullins
CHS/ijm
Enclosures: IWGP 100000
Certificate of Completion
cc: Chad Turlington, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
File Copy
M. Randall Turner, Restoration Systems, LLC, 1101 Haynes Street, Raleigh, NC 27604
DLR, Fayetteville Regional Office
Filename: 071444 Ver2TheDormieGolfClubHoleNo 10(Moore) I W