20130014 Ver 1_Approval Letter_20130220

ulvision of Water wamy
Pat McCrory Charles Wakild, P. E. John E. Skvarla; III
Governor Director Secretary
February 20, 2013
DWQ# 13 -0014
NOV- 2012 -OP -0016
Randolph County
Mr. Tracy Matson
Ace /Avant
109 Seminole Dr.
Archdale, North Carolina 27263
APPROVAL of 401 Water, Quality Certification with Additional Conditions
Dear Mr. Matson:
You have our approval, in accordance with the attached., conditions; to impact 83 feet of stream and to restore an
additional approximately 15 linear feet of stream at your property on Old Way Rd in Sophia, NC in Randolph County,
as described in your application received by the Division of Water Quality (Division) on January 7, 2013 and
additional information received on February 13, 2013. After reviewing your application, we have determined that this
fill is covered by General Water Quality Certification Number and 3886, which can be viewed on our web site at
b.9p : / /www.nowaterqualiiorg /wetlands.html. This Certification allows you to use Nationwide Permit Number 14
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, Non - Discharge, 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 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:
1. 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:
Stream Tmna.cts
Identifier
Waterbody
Impact
Site 1
Unnamed tributary to Caraway Creek
83 linear feet permanent impact
Total
83 linear feet permanent 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
tmally

Ace /Avant
DWQ# 13 -0014
NOV- 2012 -OP -0016
February 20, 2012
Page 2 of 4
2. Within 30 days of this approval, the Permittee is required to remove a temporary inlet protection measure above
the approved culvert and restore approximately 15 linear feet of unnamed tributary to natural, conditions. The
stream must be restored to natural grade and stable slopes using natural materials. This work must be conducted
in the dry:
3. The Division shall be notified of completion of the restoration work.
4. Stormwater Management Plan (SMP) Approval by DWQ for High Density Projects
a. The SMP approved by the DWQ consists of one wet detention pond and three bioretention cells and all
associated stormwater conveyances, inlet and outlet strictures, and the grading and drainage patterns
depicted on plan sheets dated January 2, 2013, which are incorporated by reference into this approval and are
enforceable by DWQ provided however that any modification of the design for the stormwater in
system that is accepted by DWQ shall take precedence over the original plans and specifications.
b. The maximum allowable drainage areas and built -upon areas for the approved BMPs are as follows:
BMP
Drainage area (sq feet
Built-upon area (sq feet)
Bioretention Cell #1
115,947
17,652
Bioretention Cell #2
18,235
7;897
Bioretention Cell #3
20,266
3,997
Wet Detention Pond
1,106,424
727,452
C. The footprint of all stormwater management devices as well as an additional 10 -foot wide area on all sides of
the devices shall be located in either public rights -of -way, dedicated common areas or recorded easement
areas. The final plats for the project showing all such rights -of -way, common areas and easement areas shall
be in, accordance, with the approved plans.
d. Maintenance activities for the wet detention pond and bioretention cells shall be performed in accordance
with the notarized O &M agreements signed by Tracy Matson (Owner/.Manager) on December J3,2012. The
O &M agreement must transfer with the sale of the land or transfer of ownership /responsibility for the BMP
facility. DWQ must be notified promptly of every transfer.
e. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the DWQ
within thirty (3 0) days of project completion (available at
http: / /portal.ncdenr.or web /wq /swp /ws /401 /certsandpermits /apply /forms).
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.

Ace /Avant
DWQ# 13 -0014
NOV- 2012 -OP -0016
February 20, 2012
Page 3 of 4
Please be aware that by having impacted streams without 'first applying for and securing the issuance of a 401 Water
Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H.0500. Title
15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of
Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage
under a general certification_ required by Section 401 of the Federal Water Pollution Control Act shall file with the
Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143- 215.6A, these violations and any
future violations are subject to a civil penalty assessment of up to 'a maximum of :$25,000.00 per day for each violation.
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 hearing, send a written petition
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,
j 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
sue.homewood @ncdenr.gov.
Sincerely,
L
Charles Wakild, P.E., Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
DWQ Wbscape Unit
DWQ Winston -Salem Regional Office
DWQ Wetlands /401

Ace /Avant
DWQ# 13 -0014
NOV- 2012 -OP -0016
February 20, 2012
Page 4 of 4
DWQ Project No.: County:
Applicant:
Project Name:
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 401 /Wetlands 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 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
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:
Engineer's Certification
Partial Final
I; as a duly registered Professional Engineer 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 Registration No.
Date