20140783 Ver 1_Approval Letter_20140808

Pat McCrory John E. Skvarla, III
Governor Secretary
August 8, 2014
DWR # 14 -0783
Cumberland County
Public Works Commission — City of Fayetteville
Attn: Joseph E. Glass
965 Old Wilmington Road
Fayetteville, NC 28301.
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Fayetteville Annexation — Phase V, Area 17 Improvements
Dear Mr. Glass:
You have our approval for the impacts listed below for the purpose described in your application dated
July 25, 2014, received by the Division of Water Resources (Division) July 25, 2014. These impacts are
covered by the attached Water Quality General Certification Number 3884 and the conditions listed
below. This certification is associated with the use of Nationwide Permit Number 12 once it is issued to
you by'the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or
local permits before proceeding with your project, including those required by (but not limited to)
Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification, General Permit and /or Buffer Rules are met. No other impacts
are approved, including incidental impacts.
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
404/401 Wetlands
(acres)
0.088 (acres) (Conversion
Only- no permanent fill)
and 0.335 (acres) for
construction corridor
Perennial Stream
(linear feet)
240 (linear feet)
Fayetteville Regional Office
225 Green Street, Suite 714, Fayetteville, North Carolina 28301 -5095
Main Phone: 910 - 433 -3300 1 Internet: http: //www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by Recycled Paper

Public Works Commission —City of Fayetteville
D W R# 14 -0783
401 APPROVAL
Page 2 of 4
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification(s) /Permit /Authorization and is
responsible for complying with all conditions.
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. 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.
5. 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

Public Works Commission — City of Fayetteville
DWR# 14 -0783
401 APPROVAL
Page 3 of 4
banks, adjacent to or,upstream and downstream 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.
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 return the attached
certificate of completion to the DWR WEBSCAPE Unit at: 1650 Mail Service Center, Raleigh,
North Carolina 27699 -1650.
This approval and,its conditions are final and binding unless contested. This Certification can be
contested as provided 'in Articles 3 and 4 of General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form
may be obtained from the OAH at http: /Iwww.ncoah.com1 or by calling the OAH Clerk's Office at (919)
431 -3000 for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is
received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm,
excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWR:

If sending by First Class Mail
via the US Postal Service:
Karen !Higgins
NC DENR -DWR — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
Public Works Commission — City of Fayetteville
DWR# 14 -0783
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR— Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
401 APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Chad Turlington at (910) 433 -3320 or chad.turlington @ncdenr.gov if you have any questions or
concerns.
Sincerely,
Belinda S. Henson
Regional Supervisor
Division of Water Resources
Enclosures: GC 3884
Certificate of Completion
cc: Debbie Shirley (via - email)
Tyler Crumbley - USACE Wilmington Regulatory Field Office (via email)
DWR FRO 401 files
Karen Higgins - DWR Webscape Unit

ORR
14 'T
HCD
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
DWR Project No.:
Applicant:
Project Name:
John E. Skvarla, III
Secretary
County:
Date of Issuance of 401 Water Quality Certification:
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 this certificate to the DWR Central Office —
Wetlands and Buffers Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27699 -1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not 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 specifications, and other supporting materials.
Signature: Date:
Agent's Certification
1, . 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:
Date:
If this project was designed by a Certified Professional
1, . as a duly registered Professional (i.e., Engineer,
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 Permitee 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:
Date
Registration No.
Fayetteville Regional Office
225 Green Street, Suite 714, Fayetteville, North Carolina 28301 -5095
Main Phone: [phone] Internet: http: / /www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by Recycled Paper