20071207 Ver 1_Approval Letter_20070806

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
August 6, 2007
DWQ# 07-1207
Mecklenburg County
Mr. Carter Siegel
Mr. Dan Cimagilia
1001 Morehead Square Dr., Ste. 250
Charlotte, NC 28208
Subject: Wesley Village, Thrift Road
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Messrs. Siegel and Cimagilia:
You have our approval, in accordance with the attached conditions and those listed below, to impact
245 linear feet (If) of unnamed stream to Stewart Creek in order to construct Wesley Village in Mecklenburg
County, as described in your application received by the Division of Water Quality (DWQ) on July 12, 2007.
After reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3631, 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 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. 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. 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 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 [phone] 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 EEP to meet the following
compensatory mitigation requirement:
No ` Carolina
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterqulaity.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Compensatory Mitigation
Re uired River and Sub-basin
Number
Stream 245 (feet) Catawba 03050103)
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, 27604 or local delegated authority) 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 (or delegated local authority, a copy of the approval shall be submitted to DWQ) before the
impacts specified in this Certification occur per Condition No. 4 in GC No. 3631. 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.
9. 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 Division of Water Quality.
Continuing Compliance. The applicants (Carter Siegel and Dan Cimagilia) 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 1506 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. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
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for Coleen H. Sullins
Attachments: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Becky Fox, EPA
Central Files
Tamp Bandy, WNRC