20090292 Ver 1_Approval Letter_20090608

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Darren Lucas
Lucas Development LLC
2777 Cox Mill Rd
Asheboro, NC 27205
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Lucas:
June 8, 2009
DWQ# 09-0292
Randolph County
You have our approval, in accordance with the attached conditions, to place fill and permanently impact 343
linear feet and to temporarily impact 40 linear feet of an unnamed tributary to Vestal Creek to install a road
crossings and culvert fill for the Star-mount Commercial Development located in Asheboro, NC in Randolph
County, as described in your application received by the Division on March 20, 2009, and additional
information received on May 14, 2009. After reviewing your modification 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://h2o.enr.state.nc.us/ncwetlands/rd wetlands _certifications.htm. 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 (including trout buffer
waivers as necessary), Non-Discharge, State Stormwater, 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:
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
NorthCarolina
Naturally

Mr. Darren Lucas
DWQ# 09-0292
June 8, 2009
Page 2 of 5
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:
Identifier Stream Impact length
Site S1 Unnamed Tributary to Vestal Creek 198 feet permanent impact
Site S2 Unnamed Tributary to Vestal Creek 42 feet permanent impact
Site S3 Unnamed Tributary to Vestal Creek 53 feet permanent impact
Site S4 Unnamed Tributary to Vestal Creek 50 feet permanent impact
Site S5 Unnamed Tributary to Vestal Creek 20 feet temporary impact
Site S6 Unnamed Tributary to Vestal Creek 20 feet temporary impact
Total 343 linear feet permanent impact
40 linear feet temporary impact
2. Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you wish to make a payment to the Stream Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the
DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears
your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified
in this Authorization Certificate shall occur. The EEP should be contacted at [phone] if you
have any questions concerning payment into a restoration fund. You have 60 days from the date of this
approval to make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Stream Restoration Fund to meet the following compensatory mitigation
requirement:
Compensatory Credit Mitigation Required
Stream 343 (feet)
3. The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) as approved by the Division of Water Quality, must be implemented and the
stormwater management facilities shall be constructed and operational before any permanent building is
occupied at the subject site. 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.
4. All temporary fill and culverts shall be removed and the impacted area returned to the original grade,
including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed and
bed profile after construction is complete or within 6 months of the establishment of the crossing, which
ever is sooner, and the various sites shall be stabilized with natural woody vegetation (except for the
maintenance areas of permanent utility crossings) and restored to prevent erosion. If the crossings are
not completely removed and restored as described above within the specified time above, additional
written approval from this Office must be obtained to modify this condition.
5. The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities to ensure compliance GC 3705.
Mr. Darren Lucas
DWQ# 09-0292
June 8, 2009
Page 3 of 5
6. 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
336-771-4964 or at [e-mail].
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Jesse Wilson, Site & utility Design Services PA (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401

Mr. Darren Lucas
DWQ# 09-0292
June 8, 2009
Page 4 of 5
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
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

Aja
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 211.0500, Darren Lucas of Lucas Development LLC has permission as outlined below to fill or
otherwise impact 343 feet of perennial stream to construct the proposed commercial development facility at the subject property which
is located on Dublin Rd, Asheboro, in Randolph County, North Carolina. All activities associated with these authorized impacts must
be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT
THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT 2009-0292
SITE NAME: Starmount Development
LOCATION: Asheboro
COUNTY Randolph
BASIN/ SUB BASIN Cape Fear (HUC: 03030003)
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigable
impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-
. quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b).
Impacts Mitigation
343 linear feet of perennial stream 343 linear feet of perennial stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the
Wetlands, Stream and Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form
along with a copy of the 401 Certification and Variance Approval to the Ecosystem Enhancement Program at the address 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 ECOSYTEM ENHANCMENT PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
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
Naturally