20021241 Ver 2_Approval Letter_20090331

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Sandy Weathersbee
Weathersbee Properties
c/o Urbane Properties, LLC
135 Perrin Place 4200
Charlotte, NC 28207
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Weathersbee:
March 31, 2009
DWQ# 02-0241 v2
Guilford County
You have our approval, in accordance with the attached conditions, to permanently impact 322 linear feet of an
intermittent, unnamed tributary to Big Alamance Creek to construct the buildings and accessories for the Woody Mill
Square Commercial Development located off Woody Mill Road in Greensboro, NC in Guilford County, as described in
your application received by the Division on December 15, 2008, and additional information received on December 23,
2008 and February 24, 2009. After reviewing your modification application, we have determined that this fill is
covered by General Water Quality Certification Numbers 3705, which can be viewed on our web site at
http://l12o.enr.state.nc.us/ncwetlands/rd_wetlands_certifications.htm. This Certification allows you to use Nationwide
Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other
applicable federal, state or local permits before you proceed with your project, including (but not limited to) those
required by Sediment and Erosion Control (including trout buffer waivers as necessary), Non-Discharge, State
Stormwater, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404
permits expire unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have 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. If total wetland fill for this project (now or in the future) exceeds one
acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification, as well as the additional conditions listed below:
The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Identifier Stream Impact len th
Site #1 - Culvert Unnamed Tributary to Big Alamance Creek 70 linear feet
Site #I - Plunge Pool Unnamed Tributary to Big Alamance Creek 48 linear feet
Site #2 - Culvert Unnamed Tributary to Big Alamance Creek 88 linear feet
Site #2 - Plunge Pool Unnamed Tributary to Big Alamance Creek 45 linear feet
Site #3 - Culvert Unnamed Tributary to Big Alamance Creek 36 linear feet
Site #3 - Plunge Pool Unnamed Tributary to Big Alamance Creek 35 linear feet
Total 322 linear feet ermanent impact
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
Sandy Weathersbee
DWQ# 02-0241 v2
March 31, 2009
Page 2 of 3
2. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
The final, written stormwater management plan approval on letterhead from the reviewing local government and
one copy of the approved stormwater management plan, including plan details, calculations and other supporting
information, must be received by this Office before the impacts specified in this Certification occur per
Condition No. 4 in GC No. 3631. Also, before any permanent building is occupied at the subject site, the
facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan
(as approved by this Office) shall be implemented. The approved structural stormwater practices 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.
4. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms
shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands/applying.html. The text of the sample deed notification may be modified as
appropriate to suit to this project.
5. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to
notify NCDWQ when all work included in the 401 Certification has been completed. This certificate should be
returned to the Winston-Salem Regional Office of the NCDWQ at the address listed on the form.
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
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 contact Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at
[e-mail].
Sincer ly,
ez 00,0,40,
Coleen H. Sullins, Director
Division of Water Quality
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Denise Poulos, ECS LLP, 4811 Koger Boulevard, Greensboro NC 27407
DWQ Winston-Salem Regional Office
DWQ Wetlands/401