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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
June 13 2012
DWQ# 12 0540
Mecklenburg County
Mr R Elam Hall
Multifamily Development Group
Crescent Resources LLC
227 West Trade Street Suite 1000
Charlotte NC 28202
Subject Senator Royall Development
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Hall
You have our approval in accordance with the general certification and those conditions listed below
to impact 0 097 acre of wetland and 452 linear feet (If) of unnamed intermittent tributary to Mallard Creek in
order to construct the stormwater pond in Mecklenburg County as described in your application received by
the Division of Water Quality (DWQ) on May 31 2012 After reviewing your application we have determined
that this project is covered by Water Quality General Certification Number 3890 which can be viewed on our
web site at http//portal ncdenr orq/web/wg/swp/ws/401 The General Certification allows you to use
Nationwide Permit Number 18/29/39 once they are 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
1 The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced
2 All wetlands streams surface waters and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example orange fabric fencing) prior to any land disturbing activities
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 NO C ya+ Urohna
Phone (704)663 1699\Fax (7004)663 6040\Customer Service 1 877 623 6748 `%YK��L t��`U
Internet htt //p ortal ncdenr or /web/wg
An Equal Opportunity/Affirmative Action Employer—50°/ Recycled/100/ Post Consumer Paper
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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
4 Work in streams/wetlands shall be installed in the dry Immediately upon completion of the installation
water flow shall be returned to its natural course Existing stream dimensions (including the cross section
dimensions pattern and longitudinal profile) must be maintained (or restored via constructed benches)
above and below locations of each culvert
5 Mitigation must be provided for the proposed impacts as specified in the table below We understand that
you wish to make a payment to the Stream Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement This has been determined by the DWQ
to be a suitable method to meet the mitigation requirement Until the EEP receives and clears your check
(made payable to DENR— Ecosystem Enhancement Program Office) no impacts specified in this
Authorization Certificate shall occur The EEP should be contacted at (919) 733 5205 if you have any
questions concerning payment into a restoration fund You have 60 days from the date of this approval to
make this payment For accounting purposes this Authorization Certificate authorizes payment into the
Stream Restoration Fund to meet the following compensatory mitigation requirement
Compensatory Mitigation River and Sub basin
Required Number
Stream 452 feet Yadkin 03040105
Wetlands acres
Waters acres
6 Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable
instead of riprap or other bank hardening methods If nprap is necessary it shall not be placed in the
streambed unless approved by DWQ
7 Stormwater 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
8 A final written storm water management plan shall be submitted to the 401 Oversight and Express
Permitting Unit (1650 Mad Service Center NC 27699 1650) or approved delegated authority within 60
days of the issuance of the 401 Water Quality Certification The storm water management plan shall be
approved in writing by this Office or delegated authority before the impacts specified in this Certification
occurs Plans submitted to DWQ for approval shall include full size grading and drainage plans BMP
sizing information delineated drainage areas surface area sizing data design calculations plan sheets
w/planting plans and a signed/notarized Operation and Maintenance agreement(s) 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 DWQ Also before any permanent building is occupied at
the subject site the storm water management plan shall be implemented and the facilities shall be
constructed and operational The approved structural storm water practices 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 DWQ
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
9 No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application All construction activities
associated with this project shall meet and/or exceed those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards statutes or rules occur
10 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable If placement of sediment and erosion control devices in wetlands and waters is unavoidable
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project
11 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 DWQ
12 Continuing Compliance The applicant (Crescent Resources) 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 DWQ 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 Karen
Higgins in the Central Office in Raleigh 919 807 6360
Sincerely
f --
for Charles Wakild P E
Attachments
cc Army Corps of Engineers Asheville
Karen Higgins Wetlands Unit
Len Rindner
120540
NORTH CAROLINA DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H 0500 Crescent Resources has permission as outlined below
to impact 0 097 acre of wetland and 452 linear feet of stream in order to proceed with the development
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 ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION Senator Royall Dr
COUNTY Mecklenburg
BASIN/SUBBASIN Yadkin (03040105)
Impacts
0 097 acre wetland
452 linear feet of stream
As required by 15A NCAC 2H 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
i
Note Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement
Program must be rounded to the nearest foot and acreage requirements must be rounded to one
quarter acre increments according to 15 2r 0503(b)
Mitigation
346 linear feet of stream
Mitigation
346 linear feet of stream by the EEP required for the 401 Water Quality Certification In
correspondence dated May 22 2102 the EEP indicated that up to 452 linear feet of stream mitigation
would be conducted by EEP 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 Ecosystem Enhancement Fund per NCAC 2R 0503 If you choose this
option please sign this form and marl 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 EEP
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1652 Mail Service Center
RALEIGH N C 27669 1652