20130589 Ver 1_Approval Letter_20130712

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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
July 12, 2013
DWQ# 13 -0589
Mecklenburg County
Mr. Allen J. Holloway, III
Childress Klein Properties
301 S. College Street, Ste. 2800
Charlotte, NC 28226
Subject: Approval of 401 Water Quality Certification with Additional Conditions - Marvin Road Apartments.
Dear Mr. Holloway:
You have our approval, in accordance with the general certification and those conditions listed below,
for the purpose proposed in your application dated May 30, 2013, and subsequent information submitted on
July 11, 2013, and received by the Division of Water Quality (the Division) on June 4, 2013 and July 11, 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:/ /r)ortal.ncdenr.org/web/wq /swDtws /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
141 linear ft.
Wetland
0.03 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]\Fax: [phone]\ Customer Service: 1- 877 - 623-6748
Internet: http: / /portal.nodenr.org/web/wq
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.. DWQ#: 13 -0589
Mr. Allen J. Holloway, III
July 12, 2013
Page Two
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. A copy of the required deed notifications or similar mechanisms shall be submitted to the Division.
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 riprap is necessary, it shall not be placed in the
streambed, unless approved by the Division.
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 is required. A copy of the approved plan shall be submitted per
condition #12 of the general certification.
9. 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.
10. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the Division.
11. Continuing Compliance. The applicant (Childress Klein Properties) 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 httg: / /www.ncoah.com /or by calling the OAH Clerk's
Office at (919) 431 -3000.

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Mr. Allen J. Holloway, III
July 12, 2013
Page Three
DWQ #: 13 -0589
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 (919) 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, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609 -6285
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,
- ler �)
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality Section
Len Rindner

(✓ .
NORTH CAROLINA- DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
DWQ#: 13 -0589
In accordance with 15A NCAC 2 H .0500, NCDOT Rail Division has permission as outlined below to
impact 0.32 acre of wetland and 911 linear feet of stream in order to proceed with the project in Mecklenburg
and 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:
0.32 acre wetland
911 linear feet of stream
Hwy 49 Corridor
Mecklenburg / 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:
701 linear feet of stream
Mitigation:
701 linear feet of stream by the EEP required for the 401 Water Quality Certification. In correspondence dated
January 15, 2013, the EEP indicated that up to 911 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