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Home My WebLink About20140286 Ver 1_Approval Letter_20140425HCDENR North Carolina Department'of Environment and Natural Resources Pat McCrory Governor Mr. Tom Kutz The Ryland Group, Inc. 3600 Arco Corporate Dr. Suite 200 Charlotte, NC 28273 John E. Skvarla, III Secretary April 25, 2014 DWR# 14 -0286 Mecklenburg County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Ravenscroft Development Dear Mr. Kutz: You have our approval, in accordance with the general certification and those conditions listed below, for the purpose proposed in your application dated March 19, 2014 and received by the Division of Water Resources (the Division) on March 24, 2014. Subsequent information was submitted and received on April 23, 2014. 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. 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. Approved Impacts: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 0 188 linear ft. = Stream - (previous) -- ------ 0— linear -ft. _____7.8 linear ft.---- Total 20 linear ft. 266 linear ft. 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone: 919 - 807 -63001 Internet: www.ncdenrgov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper 3. 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 T r;ew app,I�Eat r,-fo �a- r;ewrcertification. ---If the-propertyis -sold, the -nrew-oWner.mtrst-be• given .a---------- copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. 4. 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. 5. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received notification /acceptance from the City of Charlotte Umbrella Stream and Wetland Mitigation Bank to meet this mitigation requirement. Until the City of Charlotte 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 meet the following compensatory mitigation requirement: 6. 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. 7. Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. 8. A final, written storm water management is required per condition No. 12. You are required to provide one copy of the approved SMP, including plan details on full -sized plan sheets, with proof of 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. 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. 9. Use of native vegetation and other soft stream bank stabilization techniques must be used 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. — - -- - -- 10. 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. Compensatory Mitigation Required River and Sub -basin Number Stream 266 feet Catawba 03050103 Wetlands 0 (acres) 6. 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. 7. Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. 8. A final, written storm water management is required per condition No. 12. You are required to provide one copy of the approved SMP, including plan details on full -sized plan sheets, with proof of 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. 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. 9. Use of native vegetation and other soft stream bank stabilization techniques must be used 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. — - -- - -- 10. 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. 11. 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 JMpaCt. , These me dhanisrns.shall be pint in place -attl ie 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 /ncwetiands. The text of the sample deed notification may be modified as appropriate to suit to this project. A copy provided to DWR. 12. 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. Sediment and erosion control measures shall not be placed in wetlands or waters. 13. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401/Wetlands Unit of the Division. 14. Continuing Compliance. The applicant (The Ryland Group, 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 the Division 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, the Division 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, the Division 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. 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: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.) Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center - -- 1711 -New Hope Church Rd Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served on DENR as follows: Mr. Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 - _ ------ .r.__.. _This -letter•c- Ompietes the - review -by- the - Division under-- Sectio -n 401 -,ofnh e -Glean �-`,`- ter -Act- • --- -.- -- ._.._..�,.r._.. r: i.� 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. - incerely, c for Thomas A. Reeder Attachments cc: Army Corps of Engineers, Asheville Karen Higgins, Wetlands Unit Greg Antemann, CWS 14 -0286 NORTH CAROLINA- DIVISON OF WATER RESOURCES _. �_ �.____. �.__.. r....._. ...�.........,.__.._.._........ d(11 1A /AT�;,.n�.,!1(�IAI ITY (: F( 3TIr�rATl( 1�N..__.._......,... .............,.._....__._. _.._._.._.._..._.__......_.._._ SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2 H .0500, the Ryland Group, Inc. has permission as outlined below to impact 266 linear feet of stream in order to proceed with the development 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: ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: COUNTY: BASIN /SUBBASIN Impacts: 266 linear feet of stream Ravenscroft Development Mecklenburg Catawba (03050103) 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 Ecosystem Enhancement Program 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: 266 linear feet total of stream required Mitigation: 266 linear feet of stream by the EEP required for the 401 Water Quality Certification. In correspondence dated April 22, 2014 the EEP indicated that up to 266 linear feet of stream mitigation would be conducted by EEP 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 Ecosystem Enhancement Fund 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 ECOSYSTEM ENHANCEMENT PROGRAM DIVISON OF WATER RESOURCES 1652 Mail Service Center RALEIGH, N.C. 27669 -1652