20071810 Ver 2_Approval Letter_20090202

NICDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 2, 2009
DWQ# 07-1810V2
Mecklenburg County
Mr. Jim Griffith
Griffith Equities, LLC
1944 Brunswick Avenue
Charlotte, NC 28207
Subject: Griffith Lakes Development 401 Water Quality Certification, Modification Additional Condition #2
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.
2. 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 coincide
with the initiation of construction at the site. Failure to complete the project within a year of
commencement may result in payment to the NC Ecosystem Enhancement Program (EEP, or other
approved program) at the prevailing rate
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 North Carolina
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 ?atlrrall?
Internet: www.ncwaterguality.org
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3. All other previous conditions not modified or stated in this letter remain in effect.
4. 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.
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
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Andrea Spangler, Wildlands Engineering