20100076 Ver 1_Approval Letter_20100315

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Ms. Beverly Henson
Beverly S. Simpson LLC
3401 Smoketree Dr
Greensboro, NC 27410
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Henson:
March 15, 2010
DWQ# 10-0076
Guilford County
You have our approval, in accordance with the attached conditions, to place fill and impact 0.245 acres of
wetlands to install fill for the Lion's Gate Townhome project located in Greensboro, NC in Guilford County,
as described in your application received by the Division on January 27, 2010, and additional information
received on February 24, 2010. After reviewing your 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:
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
Ms. Beverly Henson
DWQ# 10-0076
March 15, 2010
Page 2
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 Type of Impact Impact area
Site Wl Wetland Fill 0.198 acres permanent impact
0.047 acres feet temporary impact
Total 0.198 acres permanent impact
0.047 acres temporary impact
2. 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. 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.
1 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].
Sincerely,
Coleen H. Sullins, Director
v Division of Water Quality
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Mike Otto, Borum, Wade & Assoc. (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401
Ms. Beverly Henson
DWQ# 10-0076
March 15, 2010
Page 3
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, 1621 Mail Service Center, Raleigh, NC, 27699-1621. 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:
Azent's Certification
1, , 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
1, , 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
Date
Registration No.