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Home My WebLink About20072082 Ver 3_Approval Letter_20160113Water Resources ENVIRONMENTAL QUALITY January 13, 2016 Mr. Dave Ransenberg 6701 Carmel Rd., Ste. 118 Charlotte, NC 28226 PAT MCCRORY Gownror DONALD R. VAN DER VAART secretory S. JAY ZIMMERMAN Drreclor DWR# 07-2082V3 Mecklenburg County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions The Willows Dear Mr. Ransenberg: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated December 15, 2015, and received by the Division of Water Resources (the Division) on December 21, 2015. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3890 which can be viewed on our web site at http://Portal.ncdenr.org/web/wq/swp/ws/401. The General Certification allows you to use Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers (COE). Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. It is advised that all conditions of the Certification are reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must also comply with the following conditions: This approval is only valid for the purpose and design that you 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 total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required. 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. 15A NCAC 02H .0506 and 15A NCAC 02H.0507 2. Approved Impacts: Type of lm pact Amount Approved Amount Approved Temporary Impact Permanent Impact Stream 0 linear ft. 288 linear ft. (96 ft completed) Wetland 0 acre 0 acre State of NoM Carolina I Environmental Quality[ Water Rarrurcea I Water Quality Regioual Opeantioa Mooresville Regional Oficel 610 Beat Center Avenue, Suite 301 I Mooraville, Noah Carolina 28115 704 663 1699 3. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (e) 4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3) 5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. 15A NCAC 02H .0506 (b)(3) and (c)(3) 6. A stormwater management plan is required. You are required to provide one copy of the approved SMP, including plan details on full-sized plan sheets, with City of Charlotte's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC 27699-1650) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from the city of Charlotte. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. 7. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5) 8. Use of native vegetation and other soft stream bank stabilization techniques is recommended where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by DWR 9. Mitigation [15A NCAC 02H .0500(h)] has been provided. 10. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3) 11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 15A NCAC 02H.0506(b)(3) 12. The permittee shall report any violations of this Certification to the Division of Water Resources within 24 hours of discovery. 15A NCAC 02H .0507(c) This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state holidays). The petitions may be faxed to the OAH at (919) 431-3100, provided the original and one (1) copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: ff sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, INC 27699-6714 If sending via delivery service (UPS, FedEx, etc.) Office of Administrative Hearings 1711 New Hope Church Rd. Raleigh, INC 27609-6285 One (1) copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360. Sincer, eWr C—oCL W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Army Corps of Engineers, Asheville Karen Higgins, Wetlands Unit MRO, Land Quality