20090292 Ver 1_Approval Letter_20090713

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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
July 13, 2009
DWQ# 09-0292 revision approval
Randolph County
Darren Lucas
Lucas Development LLC
2777 Cox Mill Rd
Asheboro, NC 27205
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Lucas:
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 Starmount Commercial Development located in Asheboro, NC in Randolph
County, as described in your revised documentation received by the Division on June 18, 2009. This approval
letter replaces the approval letter issued by the Division on June 8, 2009 and acknowledges changes to the
project design but no increase in total impacts to waters of the state 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.ne.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
North Carolina
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Mr. Darren Lucas
DWQ# 09-0292
July 13, 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 180 feet permanent impact
Site S2 Unnamed Tributary to Vestal Creek 57 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 340 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 340 (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, planforni 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
July 13, 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,
* ?1_ I ? -
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
July 13, 2009
Page 4 of 5
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
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:
I, Agent's Certi ication
, 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:
Engineer's Certi acation
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