20091112 Ver 1_Approval Letter_20100604

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. Marty Kotis
Kotis Holdings LLC
1500 Mill Street, Suite 105
Greensboro, NC 27408
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Kotis:
June 4, 2010
DWQ# 09-1112
Guilford County
You have our approval, in accordance with the attached conditions, to place fill and impact 0.097 acres of wetlands and
388 linear feet of stream to install fill for the Church Crossing Commercial Subdivision located in Greensboro, NC in
Guilford County, as described in your application received by the Division on October 19, 2009, and additional
information received on January 19, 2010, March 4, 2010 and April 28, 2010. After reviewing your application, we
have determined that this fill is covered by General Water Quality Certification Numbers 3821, which can be viewed on
our web site at http://h2o.enr.state.nc.us/ncwetlands/rd_wetlands_ certifcations.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
North Carohna
naturally
Mr. Marty Kotis
DWQ# 09-1112
June 4, 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 W 1 Wetland Fill 0.017 acres permanent impact
Site W2 Wetland Fill 0.08 acres rmanent impact
Total 0.097 acres permanent impact
Stream site Stream Impact length
Site S1 Unnamed tributary to South Buffalo Creek 239 linear feet
Site S2 tributary to South Buffalo Creek
Unnamed 78 linear feet
Site S3 -
Unnamed tributary to South Buffalo Creek 71 linear feet
Total 388 linear feet permanent impact
2. The final, written stormwater management plans (including a signed and notarized Operation and Maintenance
Agreement) 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.
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,
?oleenH. Sullins, Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Michael Brame, ECS Carolinas LLP. (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401