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Home My WebLink About20151177 Ver 1_Approval Letter_20151124North Carolina Department of Environmental Quality Pat McCrory Governor Massie Flippin Liberty Properties Limited Partnership 1900 S. Blvd., Suite 302 Charlotte, NC 28203 Donald vai Sec Noveml DV1 Mecklen Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions ShutterFly Rd. Ext. You have our approval, in accordance with the General Certification and those � listed below, for the purpose proposed in your application dated October 14, 2015 and the Division of Water Resources (the Division) on November 12, 2015. After reviewin� application, we have determined that this project is covered by Water Quality General ( Number 3886 which can be viewed on our web site at http://portal.ncdenr.orq/web/wq/s The General Certification allows you to use Nationwide Permit Number 14 once it is iss by the U.S. Army Corps of Engineers (COE). Please note that you should get any othe state or local permits before proceeding with your project, including those required by (I limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershe� regulations. The above noted Certification will expire when the associated 404 permit expire otherwise specified in the General Certification. It is advised that all conditions of the C are reviewed prior to initiation of the project. In addition to the requirements of the Cert you must also comply with the following conditions: 1. This approval is only valid for the purpose and design that you described in youi application. If you change your project, you must notify us in writing, and you m required to send us a new application for a new Certification. If total wetland fills project (now or in the future) exceed one acre, or of total impacts to streams (nc future) exceed 150 linear feet, compensatory mitigation may be required. If the � sold, the new owner must be given a copy of the Certification and approval lette thereby responsible for complying with all conditions. 15A NCAC 02H .0506 an� NCAC 02H .0507 2. The Mooresville Regional Office shall be notified in writing once construction at approved impact areas has commenced. 15A NCAC 02H .0502 (e)] 3. Approved Impacts: D� 4. Di�ersion Ditches and other storm water con�eyances as related to the sedimer control measures shall be matted and/or stabilized to reduce sediment loss and includes interiorlexterior �slopes of sediment basins. 15A NCAC 02H .0506 (b)(� 5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface water; matted, 15A NCAC 02H .�506 {b){3) and {c}(3) 6. A storm water management plar� has been approved. Stormwater discharge : this site shall be constructed in a manner such thai the potential receiving strear discharge) will not be impacted due #o sediment accumulations, scauring or ero; stream banks. 15A NCAC 02H .0506(b}{5) 7. Mitigation [15A NCAC 02H .�500(h)] must be provided for the proposed impact� in the table below. The Di�ision has received natificationlacceptance from the D Mitigation Services to meet this mi#igation requirement. Unti! the DMS receives your paymeni, and proof of payment has been pro�ided to this �ffice, no impaci this Authorization Certificate shall occur. For accounting purposes, this Certificc authorizes payment to meet the following compensatory mitigation requirement: Stream Wetlands Compensatory Mitigation Required 292 (feet 0 �acres) River and Sub-basin Ca#awba (�3050103} s. Mitigation Credit; Approval of the restoration pfan and issuance of the 401 VIIatE Cer�ification means that DVVR has determined that the propased activity wifl not degrade significant existing uses of the surFace water . The issuance does not rE approval of credit yield far the project. (15A NCAC 2H .0506(a}) 9. Dur+ng the construction af the project, no staging of equipment of any kind is pei waters of the U,S., or pratected riparian buffers. 15A NCAC 02H .0506{b)(3) 10. The Permittee shall ensure that the final design drawings adhere to the permit a permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCi .0506 (b){2} and (c}(2) 11. All mechanized equipment operated near su�Face waters must be regularly insp� maintained to prevent contamination of stream waters from fuels, lubricants, hyc ar other toxic materials. 'f 5A NCAC 02H.0506(b}(3) 12. No rock, sand or other materials shall be dredged from the stream channel exce authorized by this Certification. 15A NCAC 02H.0506(b)(3} 13. Discharging hydroseed mixtures and washing out hydroseeders and other equi� adjacent to surface waters is prohibited. � 5A NCAC 02H.�506{b)(3} DV This Certification can be contested as provided in Articles 3 and 4 of the Gener 150B by filing a written petition for an administrative hearing to the Office of the Admini 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 � OAH. A petition is considered filed when the original and one (1) copy along with any < OAH filing fee is received in the OAH during normal office hours (Monday through Frid; to 5:00 pm, excluding state holidays). The petitions may be faxed to the OAH at (919) 431-3100, provided the original copy of the petition along with any applicable OAH filing fee is received by the OAH wit business days following the faxed transmission. Mailing address for the OAH: Jf sendrng via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 !f sending via delivery service (UPS, f Office of Administrative He� 1711 New Hope Church Rc Raleigh, NC 27609-6285 One (1) copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, 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 If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regic at 704-663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360. Sincerely, _ ; Y� � f� , � rzR-Michael L. Parker, Regional Supervisor Water Quality Regional Operations Sectioi Mooresville Regional Office, DEQ Attachments cc: William Elliot, Army Corps of Engineers, Asheville (email) Amanda Jones, WPEG, (email) Karen Higgins, Wetlands Unit � N4RTH CAROLINA-DIVIS4N OF WATER RESOURCES 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTEQ IMPACTS AND MITIGATIQN REQUIREMENI !n accordance with 15A NCAC 2 H.0500, Liberty Property Limited Partnership h< permission as outiined below to impact 292 linear feet of stream in order to proceed wii project in Mecklenburg County, North Carolina. All activities associated with these aut! impacts must be conducted with the conditions listed in the attached certification. THI� CERTIFICATI�N IS NOT VALID WITHOUT THE ATTACHMENTS. CQMPENSATORY MITIGATI�N REQUIREMENT: ECOSYSTEM ENHANCEMENT L�CATION; COUNTY: BASfN/SUBBASIN Impacts: 292 linear feet of stream Shopton RidgelShutterfly Rd. Ext. Meciclenburg Catawba (03050103} As required by 15A NCAC 2H .0506, and the conditions of this certification, you are rec compensate for the abo�e impacts through the restoration, creation, enhancement or � of wetlands as outlined below prior to conducting any activities that impact or degrade 1 of the state. Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enha Program m�st be rounded to the nearest foot and acreage requirements must be rounc quarter acre increments according to 15 2r .0503(b}. Mitigation: 292 linear feet total of stream required (1:1 ratio) Mitiqation: 292 linear feet of stream by the EEP required for the 401 Water Quality Certification. 1� correspondence dated October 13, 2015 the EEP indicated that up to 300 linear feet oi mitigation would be conduc#ed by EEP if available within the cataloging unit. More ma! required if mitigation is required outside the unit. One of t�e options you have available to satisfy the compensatory mitigation requiremE thraugh the payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .05G choose this option, please sign this form and mail it to the Ecosystem Enhancement F� address IEsted below. An invoice for the appropriate amount of payment will be sent to receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NaT AUTHORfZEC YOU RECEIVE N4TIFICATI4N THAT YOUR PAYMENT HAS BEEN PROCESSED B Signature Date CERTIFICATE QF CUMPLETIOI�I NCDWR Projec# No.: Applicant: Project Name: Date of Issuance of 441 Water Quality Certification: County: � Certificate of Completion Upon completion of all work approved within the 401 Water Q��ality Certification or applicable Rules, and any subsequent modifications, the applicant is required to return this certificate to th� Transportation Permitting Unit, North Carolina Division of Water Resources, l b50 Mail Servia Raleigh, NC, 27699-1b50. This form may be returned to NCDWR by the applicant, the applica authorized agent, or the praject engineer. It is not necessary to send certificates from all af thes Applica�zt's Certifrcation I, , hereby state that, to the best af my abilities, di diligence was «sed in the abservation of ihe construction such that the co�istruction was observe within substantial campliance and intent of the 401 Water Quality Certificatian and Buffer Rule approved plans and specifications, and other supporting materials. Signature: Agent's Certifrcatiotz Date: I, , hereby state that, to the best of my abilities, di diligence was used in the observatioti of the construction such that the construction was observe within substantial compliance and inteilt of the 401 Water Quaiity Certificatian and Buffer Rule approved plans and specifications, and other supporting materials. Signature: Engi�:eer's Certifrcrrtion Partial Final Date: I, , as a duly registered Prafessional Engineer i. North Carolina, having been authorized to observe (periodically, weekly, full time) the construc project for the Permittee hereby state that, to the best of my abilities, due care a►ld diligence wa: observation of the constructian such that the construction was observed to be buiit within subst� compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved pl ,.�,.,.. F:,....:...�., .... ,� ,.��...... ..........,...4: �,. .... „�,...:., i,..