20090096 Ver 1_Approval Letter_20090923

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Ms. Carrie Elufurth
Glencoe Mill LLC
PO Box 12929
Raleigh, NC 27526
Re: Section 401 Water Quality Certification application
Dear Ms. Elufurth:
September 23, 2009
DWQ# 09-0096
Alamance County
Glencoe Mill LLC has our approval, in accordance with the attached conditions, to place fill and impact 151 linear feet
of streams to construct a parking lot for the Glencoe Mill commercial and residential subdivision located off of River
Road in Burlington, NC in Alamance County, as described in your application received by the Division on January 28,
2009, and additional information received on June 12, 2009, July 20, 2009 and August 24, 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:
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 #1 to the Haw River (perennial 96 feet permanent impact
onion of channel) 15 feet temporary impact
Site S1 Unnamed Tributary #1 to the Haw River 40 feet permanent impact
(intermittent (underground) portion of channel)
Total 136 feet permanent impact
15 feet temporary impact
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
NorthCarohna
Naturallr?
Glencoe Mill LLC
DWQ# 09-0096
September 23, 2009
Page 2 of 3
2. 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.
The final, written stormwater management plans (including a signed and notarized Operation and Maintenance
Agreement) dated June 10, 2009, 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. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms
shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to
suit to this project.
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: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Scott Mitchell, Mitchell Environmental PA (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401