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Home My WebLink About20080350 Ver 2_Approval Letter_20150805NcDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr Steven Montgomery ELP Mathews, LLC 701 Maiden Choice Lane Baltimore, MD 21228 Donald van der Vaart Secretary August 5, 2015 DWR# 08- 0350V2 Mecklenburg County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Windsor Run (formerly Erickson Retirement Center) Dear Mr. Montgomery. You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated July 20, 2015, and received by the Division of Water Resources (the Division) on July 23, 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 httq:Hr)ortal ncdenr ora /web /wa /swr)/ws /401 The General Certification allows you to use Nationwide Permit Number 29/39 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 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(c) 2 The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H 0502 (e)] 3. Approved Impacts- Type of Impact Amount Approved Amount Approved Temporary Impact Permanent Impact Stream 35 linear ft. 0 linear ft. Wetland 0 acre 0.37 acre Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155 Phone. 704- 663 -16991 Internet. www,ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper DWR# 08- 0350V2 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. You are required to provide one copy of the approved SMP, including plan details on full - sized plan sheets, with proof of the Town of Matthew'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 Town of Matthews or the Division 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 nprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by DWR 9 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) 10 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H 0506 (b)(2) and (c)(2) 11. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 15A NCAC 02H.0506(b)(3) 12 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) 13 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this Certification. 15A NCAC 02H.0506(b)(3) 14 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 15A NCAC 02H.0506(b)(3) 15 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 httr): / /www.ncoah.com /or by calling the OAH Clerk's Office at (919) 431 -3000. a DWR# 08- 0350V2 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 Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, FedEx, etc) Office of Administrative Hearings 1711 New Hope Church Rd Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served on DENR as follows- Mr. Sam M Hayes, General Counsel Department of Environment and Natural Resources 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. Sincerely, C L� Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DENR Attachments cc. William Elliot, Army Corps of Engineers, Asheville (email) Amelia Harris, EMH &T, aharris(a)emht.com Karen Higgins, Wetlands Unit MRO, Land Quality CER'T'IFICATE OF COMPLETION NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: DWR# 08- 0350V2 ',1 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 Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 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