20070981 Ver 1_Approval Letter_20071120

~~~ W AT ~qP
~O • ~
~ ~
J .~
~., ~,
November 20, 2007
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
DWQ Project #07-0981
Moore County
Mr. James R. Kirkpatrick
PO Box 5729
Pinehurst, North Carolina 28374
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Lot 3436 - 105 Lee Overlook, Seven Lakes West S/D
Moore County
Dear Mr. Kirkpatrick:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.008 acres (348 sq. feet) of wetlands for the purpose of constructing a seawall for bank
stabilization as described in your application dated May 24, 2007, and in accordance with amended plans dated
September 21, 2007, received by the Division of Water Quality on November 2, 2007. After reviewing your
application and supplemental information provided by Ms. Tiffany Kirkpatrick on November 19, 2007, we have
decided that these impacts are covered by General Water Quality Certification No. 3689 (GC3689). This
Certification allows you to use General Permit Number 197800080 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 proceed with your project including (but not limited to) Erosion and Sediment
Control and Non-discharge regulations. Also, this approval to proceed with your proposed project or to
conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit.
This approval is for the design that you described in the September 21, 2007 plan revision. 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.
Additional Conditions
1. The following impacts are hereby approved, as indicated in your amended plans, as long as all of the
other specific and general conditions of this certification are met. No other impacts are approved,
including incidental impacts.
Construction of 160 linear feet of wooden bulkhead and fill in 0.008 acres of wetland, in accordance
with supplemental information and plans.
NorthCarolina
,Naturally
North Carolina Division of Water Quality 225 Green Street- Suite 714 Fayetteville, NC 28301-5043 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. James Kirkpatrick
November 20, 2007
Page 2
2. No Waste, Spoil, Solids, or Fill or any kind
No wastes, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the- revised plans. 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 water 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 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 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 the boundaries approved by 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 to ensure compliance with 15A
NCAC 2B. 0233 and GC 3404.
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 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.

Mr. James Kirkpatrick
November 20, 2007
Page 3
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, NC 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 contact Ken Averitte of the Fayetteville Regional Office at [phone].
Sincerely,
~'~.~ ...~. 7lpryLll2~'
~ti~
Coleen H. Sullins
CHS/ka
Enclosures: GC 3689
Certificate of Completion
cc: Emily Burton, USACE Wilmington Regulatory Field Office
DLR,FRO
Central Files
Cyndi Karoly, 401/Wetlands Unit
Ian McMillan, 401/Wetlands Unit
DWQ, FRO
Laurie Dennison, 401/Wetlands Unit
Moore. JamesKirkpatrick.070981.401. doc