20091159 Ver 1_Approval Letter_20100215

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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
February 15, 2010
DWQ# 09-1159
Mr. Chip Sisk Davie County
Concept Developments Inc.
150 Enterprise Way
Mocksville, NC 27028
Re: Section 401 Water Quality Certification application
Dear Mr. Sisk:
You have our approval, in accordance with the attached conditions, to place fill and impact 151 linear feet of an unnamed tributary
to Little Bear Creek to construct the Hollingsworth Companies ND-156 & ND-157 within the Souhtpoint Business Park located off
of Hwy 601 in Mocksville, NC in Davie County, as described in your application received by the Division on October 29, 2009, and
additional information received on December 1, 2009 and additional information received on January 25, 2010. 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://h2o.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:
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:
Identifier
Site S1 Stream
Unnamed Tributary Little Bear Creek Impact length
151 feet permanent impact
Total 151 linear feet permanent
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] l Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
;Vatuni4
Mr. Chip Sisk
DWQ# 09-1159
February 15, 2010
Page 2 of 3
2. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you intend to
purchase credits from the Deep Creek Mitigation Bank and the Fisher River Mitigation Bank in Yadkin and Surry County
respectively as described in your application to meet this mitigation requirement. Our records show that these mitigation
banks have available for credits for your project. This contribution has been determined by the DWQ to be a suitable method
to meet the mitigation requirement. Until the mitigation banks receive and clear your checks, and proof of payment has been
provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment into the Deep Creek Mitigation Bank and Fisher River Mitigation Bank
to meet the following compensatory mitigation requirement:
Compensatory Mitigation River and Sub-basin Number
Required
Streams 227 feet Yadkin 03040101
-use multiplier of 1.5 times Surry 03010205
impact length for out of HUC
Banks
3. The final, written stormwater management plans (including a signed and notarized Operation and Maintenance Agreement)
approved per Division Permit # SW4091001 must be implemented and the stormwater management facilities shall be
constructed and operational before any permanent building is occupied at the subject site. 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.
4. The Permittee shall conduct a pre-construction meeting between the engineer, contractor, and all other essential personnel,
and staff from the Division of Water Quality to address site constraints/complications, prior to initiating work in the area of
the stream impacts.
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].
Sincerel
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Coleen H. Sullins, Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Lori DeRoos, Land Development Solutions (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401