20090501 Ver 2_Approval Letter_20130613

ICDET�IR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Acting Director Secretary
June 13, 2013
DWQ# 09-0501V2
Union County
Mr. Scott Twiddy
Carolina Development Solutions, LLC
1932 Clark Elliot Street
Fort Mill, SC 29708
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Chestnut Place, Phase II
Dear Mr. Twiddy:
You have our approval, in accordance with the general certification and those conditions listed below,
for the purpose proposed in your application dated March 14, 2013, and subsequent information submitted on
June 12, 2013 and received by the Division of Water Quality (the Division) on March 19, 2013, and June 12,
2013, respectively. 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:/ /Dortal.ncdenr.org /webtwci/swDANs /401. 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 (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. 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
75 linear ft
203 linear ft.
Wetland
0.12 acres
3. 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.
Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: [phone]XFax: (704) 663 -6040\ Customer Service: 1- 877 - 623 -6748
Internet: http: / /portal.ncdenr.org/Webtwq
An Equal Opportunity /Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
Agurally oe Carolina

DWQ #: 09-0501V2
4. 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.
5. 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.
6. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. Until the EEP 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
Authorization Certificate authorizes payment to the EEP to meet the following compensatory mitigation
requirement:
In addition to payment to the EEP, for the remaining 123 linear feet of permanent stream impact, you have
our approval for your proposed onsite stream mitigation plan. The restored /enhanced stream must be
constructed, maintained, and monitored according to the plans approved by this Office and this Certificate
of Coverage. A plan shall be submitted within 60 days of issuance of this Certification. Any repairs or
adjustments to the site must be made according to the approved plans or must receive written approval
from this Office. The mitigation site(s) must be preserved in perpetuity by use of a conservation easement
or other similar mechanism.
7. 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 DWQ.
8. A final, written storm water management is required. The submitted storm water management plan shall
be approved in writing by this Office before the impacts specked in this Certification occurs. 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 the Division.
9. 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.
10. No sedimentlerosion control measures, 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
without approval from the Division.
11. Upon completion of the project, the applicant shall complete and return the enclosed °Certificate of
Completion" form to the 401Metlands Unit of the NC DWQ. Please send photographs of the upstream and
downstream sides of each culvert site to document conect installation, along with the Certificate of
Completion form.
Compensatory Mitigation
River and Sub -basin
Re uired
Number
Stream
80 (feet)
Catawba (03050103)
2:1 ratio per COE
Wetlands
0 acres
In addition to payment to the EEP, for the remaining 123 linear feet of permanent stream impact, you have
our approval for your proposed onsite stream mitigation plan. The restored /enhanced stream must be
constructed, maintained, and monitored according to the plans approved by this Office and this Certificate
of Coverage. A plan shall be submitted within 60 days of issuance of this Certification. Any repairs or
adjustments to the site must be made according to the approved plans or must receive written approval
from this Office. The mitigation site(s) must be preserved in perpetuity by use of a conservation easement
or other similar mechanism.
7. 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 DWQ.
8. A final, written storm water management is required. The submitted storm water management plan shall
be approved in writing by this Office before the impacts specked in this Certification occurs. 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 the Division.
9. 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.
10. No sedimentlerosion control measures, 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
without approval from the Division.
11. Upon completion of the project, the applicant shall complete and return the enclosed °Certificate of
Completion" form to the 401Metlands Unit of the NC DWQ. Please send photographs of the upstream and
downstream sides of each culvert site to document conect installation, along with the Certificate of
Completion form.

DWQ #: 09-0501V2
12. Continuing Compliance. The applicant (Carolina Development Solutions, LLG; Mr. Scott Twiddy) 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 the Division 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, the Division 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, the Division 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.
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing
a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at httr): / /www.ncoah.com /or by calling the OAH Clerk's
Office at (919) 431 -3000.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in
the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at (9 19) 431 -3100, provided the original and one (1) copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following
the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
If sending via delivery service (UPS, FedEz, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609 -6285

DWQ #: 09-0501V2
This letter completes the review of the Division 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 Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality
Gregg Antemann, CWS

DWQ #: 09-0501V2
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, Carolina Development Solutions, LLC (Mr. Scott Twiddy) has
permission as outlined below to impact 0.12 acre of wetland and 278 linear feet of stream in order to proceed
with the project in Union 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:
COUNTY:
BASIN /SUBBASIN
Impacts:
0.12 acre wetland
203 linear feet of stream (permanent)
75 linear feet of Stream (temporary)
Privett Road, Chestnut Place
Union
Catawba (03050103)
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).
Mitioation:
203 linear feet of stream
Mitigation:
80 linear feet of stream by the EEP required for the 401 Water Quality Certification. In correspondence dated
March 28, 2013 the EEP indicated that up to 80 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.
123 linear feet of stream through an approved onsite mitigation plan approved by the Division.
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