20201060 Ver 1_Approval Letter_20201208

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 8, 2020
DWR# 20-1060
Mecklenburg County
Mr. James Scruggs
601 Kingston, LLC
338 South Sharon Amity Rd., PMB 263
Charlotte, NC 28211
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Kingston on West Townhouses
Dear Mr. Scruggs:
You have our approval, in accordance with the General Certification and those conditions listed below,
for the purpose proposed in your application submitted on August 18, 2020, and fee received by the Division of
Water Resources (the Division) on August 19, 2020, and subsequent information on December 1, 2020.
These impacts are covered by the attached Water Quality General Certification Number 4139. This
certification is associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S.
Army Corps of Engineers (COE). 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. The Division has determined that the proposed project will comply with
the water quality requirements provide that you adhere to the conditions listed in the certification and the
additional condition listed below.
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project, you must
notify the Division and you may be required to submit a new application package with the appropriate fee. If
the property is sold, the new owner must be given a copy of this Certification and is responsible for complying
with all conditions. [15A NCAC 02H .0507(d)(2)].
The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced. 15A NCAC 02H .0502 (e)
2. Approved Impacts, no other impacts including incidental impacts are approved:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
40 linear ft.
467 linear ft.
Wetland
0.014 acre
0.14 acre
3. Stormwater Management: Please provide documentation showing that water quality from the
development will not be impaired. A storm water management plan in lieu of such documentation is
D E QbiAi North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 26115
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acceptable if approved by a delegated or state authority. 15A NCAC 02H .0506(b), 15A NCAC 02H
.0507(c), 15A NCAC 2H .1000
4. Mitigation [15A NCAC 02H .0500(h)] must be provided for the proposed impacts as specified in the table
below. The Division has received notification/acceptance from the Division of Mitigation Services (DMS)
to meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of
payment has been provided to this Office, no impacts specified in this Authorization Certificate shall
occur. For accounting purposes, this Certification authorizes payment to meet the following
compensatory mitigation requirement:
Compensatory Mitigation
River and Sub -basin Number
Required
Stream
467 (feet)
Catawba (03050103)
1:1 ratio
Wetlands
0.14 (acres)
Catawba (03050103)
1:1 ratio
5. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
6. The permittee shall report to the Mooresville Regional Office any noncompliance with this certification,
any violation of stream or wetland standards [including but not limited to sediment impacts, and any
violation of state regulated riparian buffer rules. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the time the
applicant becomes aware of the circumstances. The written submission shall contain a description of
the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The
Division may waive the written submission requirement on a case -by -case basis. 15A NCAC 02B .0200
7. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)
8. Upon completion of the project, the applicant shall complete and return a "Certificate of Completion" form
to the 401/Wetlands Branch of the Division using the following link:
https:Hedocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c)
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Please be
aware that by having impacted waters 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.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes
by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative

Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B
of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional
information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Please contact Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699.
Sincerely,
DocuSigned by:
for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Bryan Rhoden Reynolds, Army Corps of Engineers, Charlotte, email
Brandon Fulton, ECS, email
Kelly Williams, DMS, email
DWR 401 & Buffer Permitting Branch file

20-1060
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 02H .0500, 601 Kingston LLC, has permission as outlined below to impact
507 linear feet of stream and 0.154 acre of wetland in order to proceed with the Kingston Project distribution in
Mecklenburg County, North Carolina. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS)
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
507 linear feet of stream
0.154 wetland acre open water
West Blvd.
Mecklenburg
Catawba (03050103)
As required by 15A NCAC 02H .0506, and the conditions of this certification, you are required to compensate
for the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to the nearest foot
and acreage requirements must be rounded to one -quarter acre increments according to 15A NCAC
02R .0503(b).
Mitigation:
467 linear feet total of stream required (1:1)
0.14-acre wetland (1:1)
Mitigation:
467 linear feet of stream and 0.154 acre of wetland by the DMS required for the 401 Water Quality
Certification. In correspondence dated September 17, 2020, the DMS indicated that up to 467 linear feet of
stream and 0.154 acre of wetland mitigation would be conducted by DMS if available within the cataloging unit.
More may be required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the DMS per 15A NCAC 02R .0503. If you choose this option, please sign this form and
mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice for the appropriate
amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE
NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE DMS.
Signature
Date
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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 Wetland & Buffer Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be
returned to NCDWR 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:
Agent's Certification
Date:
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:
Engineer's Certification
Partial Final
Date:
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