20091097 Ver 1_Approval Letter_20100129

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 29, 2010
DWQ# 09-1097
Mecklenburg County
Mr. Trey Dempsey
Lincoln Harris
4201 Congress Street, Ste 175
Charlotte, NC 28209
Subject: Doves Nest/United Family Services
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Dempsey:
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 296 linear feet (If) of intermittent stream to Taggart Creek in order to construct the noted project in
Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on
October 15, 2009 and subsequent information on January 28, 2010. 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. The General Certification allows you to use
Nationwide Permit Number 39 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.
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. Work in the stream shall be conducted in the dry. Existing stream dimensions (including the cross section
dimensions, pattern, and longitudinal profile) must be maintained.
3. 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
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 ?atlrr?ll?
Internet: http://Portal.ncdenr.oro/web/wo
An Enual Oooortunity/A?firmative Action Emolover - 50% Recvcled/10% Post Consumer Paper
appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project. A copy provided to DWQ.
4. Storm water 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. A final, written storm water management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401 Water Quality
Certification. The storm water management plans shall be approved in writing by this Office (or local
approved delegated authority) before the impacts specified in this Certification occur. You have the option
of using the Express Review Program for expedited approval of these plans. If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan. The storm water
management plan must include construction plans, specifications, storm water BMP worksheets, and
supporting calculations. The storm water best management practices are required to be appropriate for the
surface water classification and designed to remove at least 85% TSS according to the most recent version
of the NC DENR Storm water 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
(or local delegated authority). Also, before any permanent building is occupied at the subject site, the
facilities shall be constructed and operational, and the storm water management plan shall be
implemented. The structural storm water practices as approved as well as drainage patterns must be
maintained in perpetuity. No changes to the structural storm water practices shall be made without written
authorization from the Division of Water Quality.
6. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from
DWQ. If approved, they shall be removed and the natural grade restored within two months of the date of the
close out/stabilization of the given drainage area.
7. 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.
8. Continuing Compliance. The applicant (Lincoln Harris, Trey Dempsey) 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 2H.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 of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,

for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Michael Brame, ECS, 4811 Koger Blvd., Greensboro, NC 27407