20071441 Ver 3_Approval Letter_20090429

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 29, 2009
DWQ# 07-1441 V3
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:
This approval replaces the 401 previously issued on April 22, 2009. You have our approval, in
accordance with the general certification to impact 0.231 acre of wetland and 386 linear feet (If) of unnamed
tributary to Stony Creek (370 If, permanent) in order to construct the project in Mecklenburg County, as
described in your application received by the Division of Water Quality (DWQ) on April 9, 2009. After reviewing
your application, we have determined that this project is covered by Water Quality General Certification
Numbers 3687, 3699, and 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 3, 12, 29 once they are 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.
All previous additional conditions and requirements of the certification issued on April 22"d, still must be
adhere to. If you do not accept the stipulations 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
Wendell Overby
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarohna
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 a'????y,? //?
Internet: www.ncwaterouality.ora ?' v s z
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07-1441 V3
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Charter Properties has permission as outlined below to impact
0.231 acre of wetland and 298 linear feet of stream in order to proceed with the development in Mecklenburg
County, 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
Ridge Rd.
Mecklenburg
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).
Impacts:
298 linear feet of stream
0.231 acre wetland
Mitigation:
296 Linear feet of stream
Mitigation:
296 linear feet of perennial streams by EEP required for the 401 Water Quality Certification. In
correspondence dated March 26, 2009 the EEP indicated that up to 296 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
1619 Mail Service Center
RALEIGH, N.C. 27669-1619