20110484 Ver 1_Approval Letter_20110527

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 27, 2011
DWQ Project # 11-0484
Cumberland County
Mr. Harold Kidd
K & G Developers, LLC
6885 Cliffdale Road
Fayetteville, NC 28314
Subject Property: Lake Rim North Addition
Bones Creek [18-31-24-2] C
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Kidd:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise temporarily impact 0.198 acres of wetlands and permanently place fill within or
impact 0.081 acres of wetlands for the purpose of the construction of a residential subdivision at the
subject property, as described within your application dated May 16, 2011 and received by the N.C.
Division of Water Quality (DWQ) on May 18, 2011. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number(s) 3821 (GC3821) and
General Water Quality Certification Number 3688 (GC 3688). The Certification(s) allows you to use
Nationwide Permit(s) NW29 and NW33 when issued by the US Anny 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, 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
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:
1. Impacts Approved
225 Green St., Ste. 714
Fayetteville, North Carolina 28301
Phone: [phone] FAX :[phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.orq
An Equal Opporfunily 1 Affirmative Action Employer
One
NorthCarolina
J1 ~~rtl~r~ll~

Harold Kidd
Page 2 of 4
May 27, 2011
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 proved (Units) Plan Location or Reference
404/CAMA Wetlands - 0.198 (acres) PCN page 4 of 10
temporary im act
404/CAMA Wetlands - 0.081 (acres) PCN page 5 of 11
permanent Ln act
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 Manz~al. 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 in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without prior
approval by 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. Stonnwater Management Plan

Harold Kidd
Page 3 of 4
May 27, 2011
Prior to commencement of the approved impacts, please provide a copy of the approved Phase II
Stormwater Permit as well as one copy of the approved plan details and calculations to the DWQ
WEBSCAPE Unit at: 1650 Mail Service Center, Raleigh, North Carolina 27699-1650. The
approved Stormwater management plan must be maintained in perpetuity. No changes to the
structural Stormwater practices shall be made without written authorization from the Division of
Water Quality. The stormwater management structures shall have maintenance access and at least
a 10-foot drainage easement on each side to allow for the ability to maintain the structures, and to
perform corrective actions. The Stormwater easements shall be recorded to provide protection of
the structures from potential alterations by future property owners.
6. 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 retunl the attached
certificate of completion to the DWQ WEBSCAPE Unit at: 1650 Mail Service Center, Raleigh,
North Carolina 27699-1650.
7. 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 waning 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
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 Ian McMillan or Cyndi Karoly in the Central Office in
Raleigh at 919-733-1786 or Chad Turlington in the DWQ Fayetteville Regional Office at 910-433-3320.
Sincerely,
Coleen H. Sullins
Enclosures: GC 3821
GC 3688
Certificate of Completion

Harold Kidd
Page 4 of 4
May 27, 2011
cc: Ian McMillan -Wetlands, Buffers and Stormwater Compliance and Permitting Unit
Crystal Amschler - USACE Wilmington Regulatory Field Office
DLR Fayetteville Regional Office
File Copy