20081038 Ver 1_Approval Letter_20080725

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 25, 2008
DWQ# 08-1038
Mecklenburg County
Mr. Frank Hoak
NRI Communities/Harris Boulevard, LLC
375 North Front Street, Suite 200
Columbus, Ohio 43215
Subject: Worthington Phase II Apartments
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hoak:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 299 linear feet(If) of unnamed tributary to Mallard Creek in order to construct the Worthington
Phase II Apartments in Mecklenburg County, as described in your application received by the Division
of Water Quality (DWQ) on July 01, 2008. After reviewing your application, we have determined that
this project is covered by Water Quality General Certification Number 3705, which can be viewed on
our web site at http://h2o.enr.state.nc.us/ncwetlands. This General Certification allows you to use
Nationwide Permit Numbers 18 and 29 once they are 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.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new Certification. If the property
is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions.
In addition to the requirements of the Certification, you must also comply with the following
conditions:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts
are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
N e hCarolina
Noaturally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwaterquality org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
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3. A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604 or local delegated authority) shall be approved in
writing by this Office before the impacts specified in this Certification occur. The stormwater
management plan must include plans, specifications, and worksheets for stormwater management
facilities that are appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual. These facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent
building is occupied at the subject site, the facilities (as approved by this Office or local delegated
authority) shall be constructed and operational, and the stormwater management plan (as approved
by this Office or local delegated authority) shall be implemented. The structural stormwater practices
as approved by this Office as well as drainage patterns 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 planting of native vegetation and other soft streambank stabilization
techniques must be used where practicable instead of riprap or other bank hardening methods. If
riprap is necessary, it shall not be placed in the stream bed, unless approved by the DWQ.
4. Stormwater discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring
or erosion of the stream banks.
5. Sediment and erosion control devices, waste, spoils, solids, or fill of any kind shall not be placed in
wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the
Preconstruction Notification application. All construction activities associated with this project shall
meet, and/or exceed, those requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual and shall be conducted so that no violations of state water
quality standards, statutes, or rules occur.
6. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality.
7. Continuing Compliance. The applicant(NRI Communities/Harris Boulevard, LLC) shall conduct all
activities in a manner so as not to contravene any state water quality standard (including any
requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of state and federal law. If DWQ determines that such standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that state or federal law is
being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate
and modify this certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the
certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 21-1.0503, and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the
applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in
any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions
of the 404 Permit for the project.
If you do not accept any of the conditions of this Certification, 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 that 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 by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
1 'e-
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian Mc Millan, Wetlands Unit
Central Files
Leonard S. Rindner