20071810 Ver 2_Approval Letter_20080902

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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
September 2, 2008
DWQ# 07-1810V2
Mecklenburg County
Mr. Jim Griffith
Griffith Equities, LLC
1944 Brunswick Avenue
Charlotte, NC 28207
Subject: Griffith Lakes Development
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Griffith:
You have our approval, in accordance with the attached conditions and those
listed below, to impact 250 linear feet (If) of unnamed stream to Mallard Creek in order
to construct the development in Mecklenburg County, as described in your application
received by the Division of Water Quality (DWQ) on October 30, 2007 and subsequent
information September 2, 2008. After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Number 3705, 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 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:
1. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced.
Mailing Address Phone [phone] Location
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301
Mooresville, NC 28115 Mooresville, North Carolina
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2. 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.
4. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place at the time
of recording of the property, or of individual lots, whichever is appropriate. A sample
deed notification can be downloaded from the 401/Wetlands Unit web site at
httpJ/h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.
5. 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.
6. Mitigation must be provided for the proposed impacts as specified in the table below.
We understand that you wish to enhance approximately 1500 linear feet of stream
located within the project boundary to meet this requirement. To count towards
mitigation, a 50-ft. buffer must be maintained on each side of the stream. The
enhancement project must be approved by DWQ. The enhancement project shall
commence within one (1) year of issuance of this certification. Failure to complete
the project may result in payment to the NC Ecosystem Enhancement Program (EEP,
or other approved program) at the prevailing rate
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 250 feet Yadkin
Wetlands (acres)
Waters (acres)
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 the DWQ.
8. 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.
9. Prior to construction, 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) 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 before the impacts specified in this Certification occur. 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 stormwater 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.
10. 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.
11. 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.
12. Upon completion of the project, the applicant shall complete and return the enclosed
"Certificate of Completion" form to the 401M/etlands Unit of the NC Division of Water
Quality.
13. Continuing Compliance. The applicant (Griffith Equities, LLC; Jim Griffith) 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 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,

for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Central Files
File Copy
Andrea Spangler, Wildlands Engineering