20072082 Ver 2_Approval Letter_20121101

A4J;A
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
Mr. Dave Ransenberg
11121 Carmel Commons Blvd, Ste 350
Charlotte, NC 28226
Subject: Hwy 29 Project (Arwen Vista Apartments)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ransenberg
Dee Freeman
Secretary
November 1, 2012
DWQ# 07 -2082 V2
Mecklenburg County
You have our approval, in accordance with the attached conditions and those listed below, to Impact 290
linear feet (If) of unnamed stream to Mallard Creek in order to develop the site in Mecklenburg County, as
described in your application received by the Division of Water Quality (DWQ) on October 3, 2012 This 401
Certification replaces the original 401 Certification for this project that was issued on January 30, 2008, and
has since expired
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 / /h2o enr state nc us /ncwetlands
The General Certification allows you to use Nationwide Permit Number 29 once it is 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.
lifaddition 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 Culverts placed 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. If any of the existing pipes are or
become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a
perched manner, the pipes shall be removed and re- installed correctly.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone. 919 - 807 -63001 FAX- 919 - 807 -6492
Internet. www ncwaterguality.org
An Equal Opportunity! Affirmative Action Employer
NorthCarolina
Naturally

Page Two
3 Mitigation must be provided fnr-the- Preposed-,;^1pa�s specified in thie tcble`below. We unc: rstand di it-_ °
you wish to make a payment to 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 to the EEP to meet the following compensatory mitigation
requirement
4. 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 riprap is necessary, it shall not be
placed in the streambed, unless approved by the DWQ
5 Storm water 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.
6. A final, written storm water management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd, Suite 250, Raleigh, NC, 27604y) within 60 days of the issuance of the 401 Water Quality
Certification The storm water management plans shall be approved in writing by this Office (before the
impacts specified in this Certification occur 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 with the plan The storm water management plan must include construction
plans, specifications, storm water BMP worksheets, and supporting calculations 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 the Division of Water Quality 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 storm water management plan (as approved by this Office) shall be
implemented The structural storm water practices as approved by this Office 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 the Division of Water Quality
7 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
8 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
mpensatory Mitigation
Required
River and Sub -basin Number
Stream +290
feet
Yadkin 3040105
Wetlands
acres
Waters
acres
4. 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 riprap is necessary, it shall not be
placed in the streambed, unless approved by the DWQ
5 Storm water 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.
6. A final, written storm water management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd, Suite 250, Raleigh, NC, 27604y) within 60 days of the issuance of the 401 Water Quality
Certification The storm water management plans shall be approved in writing by this Office (before the
impacts specified in this Certification occur 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 with the plan The storm water management plan must include construction
plans, specifications, storm water BMP worksheets, and supporting calculations 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 the Division of Water Quality 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 storm water management plan (as approved by this Office) shall be
implemented The structural storm water practices as approved by this Office 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 the Division of Water Quality
7 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
8 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

Page Three
9 Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
CoM-P_jefion" form to the 4.01/VVetlands Unit of the NC Day.inn_of_Water—Qua1!,?lease send
photographs of the upstream and downstream sides of each culvert site to document correct installation,
along with the Certificate of Completion form
10 Continuing Compliance The applicant (Gateway Communities, LLC, Dave Ransenberg) 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 the Division of Water Quality under Section 401 of the Clean Water
Act If you have any questions, please telephone Mr. Michael Burkhard in the Mooresville Regional Office at
704- 663 -1699 or Ms. Karen Higgins in the Central Office in Raleigh 919 - 733 -9721
Sincerely,
for Chuck Wakild
Attachment Certificate of Completion Form
cc Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
George Buchholz, John R McAdams Co, 2905 Meridian Pkwy, Durham 27713
Central Files