20211049 Ver 1_Approval Letter_20210802

August 2, 2021
DWR# 21-1049
Iredell County

Mr. Robert Bowman
13815 Cinnabar Place
Huntersville, NC 28078

Delivered via email to [e-mail]

Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Greenbriar Statesville Project

Dear Mr. Bowman:
You have our approval for the impacts listed below for the purpose described in your application
submitted to the Division of Water Resources (Division) June 29, 2021, and payment received
on June 30, 2021. The Division has determined that the proposed project and impact will
comply with water quality requirements covered by the attached Water Quality General
Certification Number 4139 and the conditions listed below, provided that you adhere to the
certification located at https://deq.nc.gov/about/divisions/water-resources/water-quality-
permitting/401-buffer-permitting-branch/general and the conditions listed below.
This certification is associated with the use of General Permit Number 18 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 the water quality
requirments provided that you adhere to the conditions listed in the certification and to the
additional conditions listed 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 0 linear ft. 0 linear ft.
Wetland 0 acre 0.03 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)].

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 (15A NCAC 02H .0507(c):

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)
Justification: Failure to reduce erosion of runoff conveyances and to provide for maximum
reduction of erosion on areas not related to ongoing construction, shortens basin holding
times, increases turbidity of discharge and creates a greater potential of bypass discharge.

2. Stormwater Management: The applicant may provide documentation that the project will
not impair water quality to the receiving stream(s) from stormwater runoff or provide an
approved stormwater management plan. Any high density project and/or project that
exceeds density thresholds must provide a stormwater management plan for the entire
project, for review and approval including all forms and pertinent items that complies with
the high density development requirements. Low density development. The plan may be
approved by the Division, State Stormwater Program or a local delegated authority. The
plan shall consider the impact of the volume and velocity of discharge and runoff to the
receiving stream and adjacent riparian areas to prevent scouring and erosions of the
features.
Citations15A NCAC 02U .1017, 15A NAC 02H .1003 (2)(a) , 15 NCAC 02B .0614 (8), 15A
NCAC 02B .0607(h)
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. Surface water quality standards require that conditions of
waters be suitable for all best uses provided for in state rule (including, at minimum:
aquatic life propagation, survival, and maintenance of biological integrity, wildlife,
secondary contact recreation, agriculture) and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. 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. 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) and15A 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
4. 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.
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].
Please be aware that by having impacted waters without first applying for and securing the
issuance of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina
Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications
pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities
will result in a discharge into navigable waters, including wetlands, as described in 33 Code of
Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State
certification or coverage under a general certification required by Section 401 of the Federal
Water Pollution Control Act shall file with the Director of the North Carolina Division of Water
Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.

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://www.ncoah.com/ 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: Steve Kitchefski, Army Corps of Engineers, Charlotte, email
Heath Caldwell, WPEG, email
DWR 401 & Buffer Permitting Branch file
Olivia Munzer, NCWRC, email

for

CERTIFICATE OF COMPLETION

NCDWR 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
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: ___________________________________________ Date: ___________________________

Agent’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: ___________________________________________ 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_____________