20070226 Ver 1_Approval Letter_20070705

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 5, 2007
DWQ Project # 07-0226
Harnett County
Mr. C. David Holleman
K & H Developers, LLC
204 Scholl Street
Fuquay-Varina, NC 27526
Subject Property: Whetstone Subdivision
Ut to Little Black Creek [030618,18-68-12-1, C, SW]
Approval of 401 Water Quality Certification with Additional Conditions -AFTER-THE-FACT
Dear Mr. Holleman:
You have our After-The-Fact approval, in accordance with the attached conditions and those listed below,
to place fill within or otherwise permanently impact 0.3272 acres of 404/wetland and temporarily impact
0.2252 acres of 404/wetland, as described in your revised After-The-Fact application dated May 16, 2006,
and received by the Division of Water Quality (DWQ) on May 17, 2007, to construct the proposed
residential subdivision. After reviewing your application, we have decided that the impacts are covered
by General Water Quality Certification Number(s) 3631 (GC3631). The Certification(s) allows you to
use Nationwide Permit(s) NW29 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, 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 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
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:
T e of Im act Amount A roved Units Plan Location or Reference
404/Wetland 0.3272 (acres - ermanent im act PCN a e 8 of 13
404/Wetland 0.2252 (acres) - tern ora im act PCN a e 8 of 13
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: htto://h2o enr.state.nc.us/ncwetlands
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

K & H Developers, LLC
Page 2 of 3
July 5, 2007
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
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 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. 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;
6. Work in the proposed wetland restoration areas must be completed within 60 days of the date of this
Certification. This includes restoration of the site to original elevation, planting with a wetland seed
mix for herbaceous ground cover, and planting native hardwood trees suitable for wetland locations.
(Unless potted trees are used, the tree planting may be delayed upon request.) Trees should be planted
at a rate to ensure a survival rate of at least 320 trees to the acre. Adequate sediment and erosion
control measures must be implemented to prevent sediment deposition in adjacent streams or
wetlands. The restoration sites must be monitored for at least 3 years in order to demonstrate success.
A monitoring report should be submitted annually on June 1, including photographs, that provides
details concerning the success of vegetation and restoration of wetland hydrology. Failure to complete
a successful wetland restoration shall be considered a violation of this 401 Certification and could
result in enforcment action by this Division.
7. All remaining wetlands on the site, including the restored wetlands, must have adequate deed
notifications or protective covenants in order to prevent future wetland impacts.

K & H Developers, LLC
Page 3 of 3
July 5, 2007
8. 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 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Si erely,
Coleen H. Sullins, Director
Division of Water Quality
CHS/ijm
Enclosures: GC 3631
Certificate of Completion
cc: USACE Wilmington Regulatory Field Office
Ken Averitte, DWQ Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Central Files
Tammy Hill, DWQ Central Office
Kellie Norris, Mitchell Environmental, P.A., 602 East Academy Street, Suite 105,
Fuquay-Varina, NC 27526
Filename: 070226 WhetstoneSD(Hamett)401

Certification of Completion
DWQ ProjectNo.:
County: _ ..
Applicant:
ProjectNarne:
Date of Issuance of Wetland Permit:
Certificate of Completion
Upon. completion of all work approved within the ~ 401' Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 pversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is nQt necessary to send
certificates from all of these.
Applicant's Certification
I ~ ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the•approved plans and spec cations,
and other supporting materials.
Signature: ~ Date:
Agent's Certification
I, ,hereby state that, to'the best of my abilities, due care and diligence was
used in the observation of the construct~.on such that the construction .was .observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and :Buffer Rules, the approved :plans and specifications,
and other supporting materials.
Signature,
Date:
If this project was designed by a Certi zed Professional
I, i e., En eer,
as a duly registered. Professional ~ ~ __ ~~~ ~
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to, observe ~ (periodically;
weekly,, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
'and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality .Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Regisiration No. ~ Date