20071441 Ver 2_Approval Letter_20071022

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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
October 22, 2007
DWQ# 07-1441 V2
Mecklenburg County
Mr. Jim Holman
Charter Properties, Inc.
1520 South Boulevard, Suite 215
Charlotte, NC 28203
Subject: Prosperity Village Development
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holman:
You have our approval, in accordance with the attached conditions and those listed below, to fill 0.174
acre of wetland and to impact 296 linear feet (If) of unnamed stream to Stony Creek in order to construct the
Prosperity Village Development in Mecklenburg County, as described in your application received by the
Division of Water Quality (DWQ) on August 23, 2007 and subsequent information received on October 22,
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/regcert.html). 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.
In addition to the requirements of the certification, you must also comply with the following conditions:
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.
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.
N__o~~ennCarolina
dv~rtura!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterqulaity.org FAX [phone] I-877-623-6748
An Equal OpporiunitylAffirmativeActlon Employer- 50% Recycled110% Post Consumer Paper

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 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 to the EEP to meet the following compensatory mitigation
requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 296 feet Yadkin 3040105
Wetlands (acres)
Waters acres
5. 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.
6. 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.
7. 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 governing 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 local governing authority with approval 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.
8. No vraste, spoil, solids, or fill of a..y kind shall occur in wetly^~ ids, 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.
9. 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.

10. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/V1/etlands Unit of the NC Division of Water Quality. Please send photographs of
the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
11. Continuing Compliance. The applicant (Charter Properties, Jim Holman) 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
Central Files
File Copy
Wendell Overby