20130234 Ver 1_Approval Letter_20130422

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvada, III
Governor Director Secretary
April 22, 2013
DWQ# 13 -0234
Cabarrus County
Mr. Scott Ennis
HSREI, LLC
6000 Monroe Rd. Suite 100
Charlotte, NC 28212.
Subject: Hendrick Auto Plaza
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ennis:
You have our approval, in accordance with the general certification and those conditions listed below
for the purpose proposed in your application dated March 4, 2013 and received by the Division of Water
Quality (the Division) on March 5, 2013. 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.org /web /wg /Swptws /401. The General Certification allows you to use Nationwide Permit
Number 39 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.
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. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
214 linear ft.
Wetland
0.48 acres
Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: [phone]Fax: [phone] Customer Service: 1- 877 - 623 -6748
Internet: http. / /portal.nodenr.org/webtwq
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper
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3. 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.
4. 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 NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the Division 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:
5. Stormwater discharge structures at this site shall be constructed in a manner such that the receiving streams
will not be impacted due to sediment accumulations, scouring or erosion of the stream banks.
6. A final, written storm water management plan shall be submitted to the 401 Oversight and Express
Permitting Unit (1650 Mail 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.
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. 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.
9. Continuing Compliance. The applicant (Mr. Scott Ennis, HSREI, LLC) 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
Compensatory Mitigation
Required
River and Sub -basin
Number
Stream
214 feet
Yadkin 03040105
Wetlands
acres
Waters
acres
5. Stormwater discharge structures at this site shall be constructed in a manner such that the receiving streams
will not be impacted due to sediment accumulations, scouring or erosion of the stream banks.
6. A final, written storm water management plan shall be submitted to the 401 Oversight and Express
Permitting Unit (1650 Mail 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.
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. 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.
9. Continuing Compliance. The applicant (Mr. Scott Ennis, HSREI, LLC) 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,
for Charles Wakild, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality
Ashley Brown, EAS Professionals, 153C Brozzini Court, Greenville, SC 29615

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, Mr. Scott Ennis, HSREI, LLC NCDOT has permission as
outlined below to impact 0.48 acre of wetland and 214 linear feet of stream in order to proceed with the project
in Cabarrus Counties, 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:
COUNTY:
BASIN /SUBBASIN
Impacts:
0.48 acre wetland
214 linear feet of stream
Bruton Smith Blvd.
Cabarrus
Yadkin (03040105)
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.
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 Required:
214 linear feet of stream
Mitigation:
214 linear feet of stream by the EEP required for the 401 Water Quality Certification. In correspondence dated
January 2, 2013, the EEP indicated that up to 214 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 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 EEP.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1652 Mail Service Center
RALEIGH, N.C. 27669 -1652