19931059 Ver 1_Approval Letter_20090427

F-KWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Robert Ponton
Larco, Inc.
PO Box 16279
Winston-Salem, NC 27115
April 27, 2009
DWQ# 93-1059 v2
Guilford County
APPROVAL of 401 Water Quality Certification with Additional Conditions and MAJOR VARIANCE
APPROVAL per the Randleman River Riparian Area Protection Rule [15A NCAC 213.0250] w/ ADDITIONAL
CONDITIONS
Dear Mr. Ponton:
You have our approval, in accordance with the attached conditions, to place permanent fill in 149 linear feet of
intermittent stream and 8,940 square feet of Zone 1 and 5,960 square feet of Zone 2 of the protected Randleman
Riparian Buffer in order construct additional driveway and safety area associated with the Larco Inc. expansion plant in
High Point, NC in Guilford County, as described in your application received by the Division of Water Quality
(Division) on December 4, 2007, additional information since provided and as described in your Major Variance
Request presented to the Water Quality Committee (WQC) of the Environmental Management Commission (EMC) on
May 7, 2008, additional information submitted on October 16, 2008, November 4, 2008, March 23, 2009, and April 15,
2009. This letter shall also act as your Major Variance approval as decided by the WQC on March 7, 2008 and
described within 15A NCAC 2B .0250. After reviewing your application, we have determined that this fill is covered
by General Water Quality Certification Numbers 3705, which can be viewed on our web site at
http://www.newaterquality.org/wetlands.html. This Certification allows you to use Nationwide Permit Number 39
when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal,
state or local permits before you proceed with your project, including (but not limited to) those required by Sediment
and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when
the accompanying 404 permits expire unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application and in your Major
Variance Request. 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. If total wetland fill for this project (now or
in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional
compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). For this approval to be valid, you
must follow the conditions listed in the attached certification, as well as the additional conditions listed below:
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
One
thCarolina
Nor
Naturally
Larco Inc
DWQ# 93-1059 v2
April 27, 2009
Page 2 of 4
The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Amount Approved (Units)
Stream 149 (feet)
Zone 1 Buffers 8,940 (square ft.)
Zone 2 Buffers 5,960 (square ft.
2. Buffer Mitigation: You are required to mitigate for impacts to the protected riparian buffers. You are required to
mitigate for impacts to the protected riparian buffers. The DWQ has determined that you may satisfy this
mitigation requirement through on-site stream and buffer restoration as proposed in your mitigation plan dated
October 15, 2008.
3. The Permittee shall conduct a pre-construction meeting between the designer, the project manager, the contractor,
and any other essential parties, prior to commencing the mitigation work approved by this certification. Specific
details and conditions of this approval shall be discussed at the pre-construction meeting.
4. Monitoring of the mitigation area must be conducted in accordance with Monitoring Level I of the Stream
Mitigation Guidelines found at:
http://www.saw.usace.gM.mil[WETLANDS/Mitigation/Documents/Stream/STREAM%20MITIGATION%2OG
UIDELINE%20TEXT.pdf
5. Deed restrictions or similar mechanisms shall be placed on all remaining jurisdictional streams, wetlands and
protected buffers as well as the restoration area in order to prevent future impacts. These mechanisms shall be put
in place prior to impacting any buffers approved for impact under this Authorization Certificate. Documentation
of these protection mechanisms must be submitted to the Division for final approval prior to impacting any
buffers approved by this Authorization.
6. The final, written stormwater management plans as submitted to and approved by the Division on April 15, 2009
must be implemented and the stormwater management facilities shall be constructed and operational by
completion of the impacts approved by this authorization. The structural stormwater practices as approved by this
Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality.
7. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and
will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0250.
8. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion"
to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate
should be returned to the Winston-Salem Regional Office of the NCDWQ at the address listed on the form.
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
which 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.
Larco Inc
DWQ# 93-1059 v2
April 27, 2009
Page 3 of 4
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 contact Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at
[e-mail].
Sincerely,

Coleen H. Sullins
Enclosures: Certificate of Completion
GC 3705
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Lisa Meadows, DMP, 6415 Old Plank Rd, High Point, NC 27265
Amy Chapman, DWQ - 401 Buffer Files
DWQ Winston-Salem Regional Office
QWQ?hhffNIM
Larco Inc
DWQ# 93-1059 v2
April 27, 2009
Page 4 of 4
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 40.1 Water. Quality Certification and Buffer. Rules, the approved plans and specifications, and
other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registration No.
Date