20201491 Ver 1_Approval Letter_20210202

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
January 15, 2021
DWR# 20-1491
Catawba County
Mr. Christian Jones
Lennar Carolinas
6701 Carmel Rd.
Ste. 425
Charlotte, NC 28226
Delivered via email to [e-mail]
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Shannon Woods Project
Dear Mr. Jones:
You have our approval for the impacts listed below for the purpose described in your application dated
November 10, 2020, received by the Division of Water Resources (Division) December 12, 2020, payment
received December 13, 2020, and with additional information received on January 14, 2021. These impacts
are covered by the attached Water Quality General Certification Number 4139 and the conditions listed below.
This certification is associated with the use of General Permit Number 29 once it is issued to you by the U.S.
Army Corps of Engineers. 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 Division has determined that the proposed project will comply with water quality requirements provided
that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized
below.
The following proposed impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
125 linear ft.
526 linear ft.
Wetland
0 acre
0.018 acre
This approval is for the purpose and design described in your application. The plans and specifications for this
project are incorporated by reference as part of this Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this Certification and is responsible for complying with
all conditions. [15A NCAC 02H .0507(d)(2)].
DNorth Carolina Department of Environmental Quality Division of Water Resources
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_ Mooresville Regional Office 1 610 East Center Avenue, Suite 301 � Mooresville, North Carolina 28115
NORTH CARD OapartmeM ofEnviw
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If you are unable to comply with any of the conditions of the attached Water Quality General Certification or
with the additional conditions itemized below, you must notify the Mooresville Regional Office within 24 hours
(or the next business day if a weekend or holiday) from the time the permittee becomes aware of the
circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of,
stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams
or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or
holiday) from the time the permittee became aware of the non-compliance circumstances.
Additional conditions:
1. 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)]
2. 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)(1) andl 5A NCAC 02H .502 (c)]
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with state
water quality standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to
waters, would cause or contribute to a violation of standards or would result in secondary or cumulative
impacts.
3. Stormwater: Stormwater shall be constructed as required by condition 5(a) of GC 4139 prior to any
impacts at the site. A copy of the site layout shall be submitted to the Mooresville Regional Office to
include in the file. 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 02B .0203]
Justification: In order to protect against impairment of water quality standards and best usage of receiving
and downstream waters, water quality based management practices must be employed to protect against
direct or indirect discharge of waste or other sources of water pollution.
4. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation
requirement. Until the DMS receives and clears your payment, and proof of payment has been provided
to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes,
this Authorization Certificate authorizes payment to the DMS to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506(c)]:
Compensatory Mitigation
River and Sub -basin
Required
Number
Stream
526 (feet)
Catawba (03050101)
1:1 ratio
Wetlands
0 (acres)

Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the project must provide for replacement of existing uses through
compensatory mitigation.
5. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this Certification. [15A NCAC 02H.0506(b)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes
by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional
information regarding requirements for filing a Petition and Petition forms may be accessed at
http://ww�,.ncoah.cor- 'or by calling the OAH Clerk's Office at [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, 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.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Krystynka Stygar, Army Corps of Engineers, Asheville, email
Len Rindner, Wetlands & Environmental Planning Group, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality

20-1491
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Lennar Homes (Christian Jones) has permission as outlined
below to impact 526 linear feet of stream and 0.018 acre of wetland open water in order to proceed with the
distribution facility in Mecklenburg County, North Carolina. All activities associated with these authorized
impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS)
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
526 linear feet of stream (permanent)
0.018 acre of wetland
NC Hwy 150/Hwy 16
Catawba
Catawba (03050101)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to the nearest foot
and acreage requirements must be rounded to one -quarter acre increments according
to 15 2r .0503(b).
Mitigation:
526 linear feet total of stream required (1:1)
Mitigation:
526 linear feet of stream by the DMS required for the 401 Water Quality Certification. In correspondence dated
October 29, 2020 the DMS indicated that up to 551 linear feet of stream mitigation would be conducted by
DMS if available within the cataloging unit. More may be required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the DMS per NCAC 2R .0503. If you choose this option, please sign this form and mail it
to the Ecosystem Enhancement Fund at the address listed 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 EEP.
Signature
Date
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652

CERTIFICATE OF COMPLETION
NCDWR 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 Wetland & Buffer Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be
returned to NCDWR 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:
Agent's Certification
Date:
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:
Engineer's Certification
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