HomeMy WebLinkAbout20081190 Ver 2_Approval Letter_201205294i
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NC®ENIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E Dee Freeman
Governor Director Secretary
May 29 2012
DWQ# 08 1190V2
Mecklenburg County
Mr Rob Stiegle
Centerline Homes Inc
825 Coral Ridge Dr
Coral Springs FL 33071
Subject Austin Creek Development
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Stiegle
You have our approval in accordance with the general certification and those conditions listed below
to impact 0 39 acre of wetland and 147 linear feet (If) of unnamed stream to Studman Creek in order to
construct the Austin Creek development in Mecklenburg County as described in your application received by
the Division of Water Quality (DWQ) on May 15 2012 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 hftp //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 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 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 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
In addition to the requirements of the certification you must also comply with the following conditions
1 The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced
2 Culverts placed in streams /wetlands shall be installed in the dry Immediately upon completion of the
installation water flow shall be returned to its natural course Existing stream dimensions (including the
cross section dimensions pattern and longitudinal profile) must be maintained (or restored via constructed
benches) above and below locations of each culvert If any of the existing pipes are or become perched
the appropriate stream grade shall be re established or if the pipes installed in a perched manner the
pipes shall be removed and re installed correctly
Mooresville Regional Office One
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 NorthCarolina
Phone (704) 663 1699 \Fax (704) 663 6040\ Customer Service 1 877 623 6748 �atllrlr!!1�
Internet http //portal nodenr org /web /wq
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper
3 No rip rap will remain in the stream channel upon completion of the construction of the sewer line
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 A copy shall be submitted to the Mooresville Regional Office
5 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
6 All wetlands streams surface waters and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example orange fabric fencing) prior to any land disturbing activities
7 A final, written storm water management plan shall be submitted to the 401 Oversight and Express
Permitting Unit (1650 Mail Service Center, NC, 27699 1650) or approved delegated authority within
60 days of the issuance of the 401 Water Quality Certification The storm water management plan
shall be approved in writing by this Office or delegated authority before the impacts specified in
this Certification occurs Plans submitted to DWQ for approval shall include full size grading and
drainage plans BMP sizing information delineated drainage areas surface area sizing data design
calculations plan sheets w /planting plans and a signed /notarized Operation and Maintenance
agreement(s) The storm water best management practices are required to be appropriate for the
surface water classification and designed to remove at least 85% TSS according to the most recent
version of the NC DENR Storm water Best Management Practices Manual These facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved by DWQ
Also before any permanent building is occupied at the subject site the storm water management plan shall
be implemented and the facilities shall be constructed and operational The approved structural storm
water practices as well as drainage patterns must be maintained in perpetuity No changes to the structural
storm water practices shall be made without written authorization from DWQ
You have the option of using the Express Review Program for expedited approval of these plans If you
propose to use the Express Review Program remember to include the appropriate fee
8 No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application All construction activities
associated with this project shall meet and /or exceed those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards statutes or rules occur
9 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable If placement of sediment and erosion control devices in wetlands and waters is unavoidable
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project
10 Upon completion of the project the applicant shall complete and return the enclosed Certificate of
Completion form to the 401 /Wetlands Unit of the NC DWQ Please send photographs of the upstream and
downstream sides of each culvert site to document correct installation along with the Certificate of
Completion form
11 Continuing Compliance The applicant (Centerline Homes Inc) shall conduct all activities in a manner so as
not to contravene any state water quality standard (including any requirements for compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law If DWQ
determines that such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that state or federal law is being violated or that further conditions are necessary to assure
compliance DWQ may reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15 A NCAC 2H 0507(d) Before
codifying the certification DWQ shall notify the applicant and the US Army Corps of Engineers provide public
notice in accordance with 15A NCAC 2H 0503 and provide opportunity for public hearing in accordance with
15A NCAC 2H 0504 Any new or revised conditions shall be provided to the applicant in writing shall be
provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section
404 of the Clean Water Act and shall also become conditions of the 404 Permit for the project
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 that 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 DWQ 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
Sincerely
,-�L 13 Ll--
for Charles Wakild P E
Attachments
cc Army Corps of Engineers Asheville
Karen Higgins Wetlands Unit
MRO Land Quality
Len Rindner