20090091 Ver 1_Approval Letter_20090522

EWA
NRUNE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. LP McLendon Jr.
1840 Pembroke Rd, Suite 1
Greensboro, NC 27408
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. McLendon:
May 22, 2009
DWQ# 09-0091
Guilford County
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.095 acres of wetlands
and 148 linear feet of an unnamed tributary to Mears Branch in order construct a road for the Lennox Woods
Subdivision in Scalesville, NC in Guilford County, as described in your application received by the Division of Water
Quality (Division) on January 27, 2009 and additional information received on May 7, 2009. After reviewing your
application, we have determined that this fill is covered by General Water Quality Certification Numbers 3704, which
can be viewed on our web site at bgp://www.newatergualiiy.ora/wetlands.htm]. This Certification allows you to use
Nationwide Permit Number 14 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. 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:
1. 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:
Wetland Identifier Type of Wetland Impact area
Impact area 1 Bottomland Forest 0.095 acres of permanent fill
Total 0.095 acres of permanent fill
Stream Identifier Stream Impact length
Impact area 1 Unnamed tributary to Mears Branch 148 linear feet
Total 148 linear feet of permanent fill
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.ncwa"uality.org
An Equal Opportunity 1 Affirmative Action Employer
Ne oCarolina
Naturally
Mr. LP McLendon Jr.
May 22, 2009
DWQ 09-0091
Page 2 of 3
2. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
3. 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.
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 336-7714964 or at
[e-mail].
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Chris Huysman, Wetland and Natural Resource Consultants (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401