20151248 Ver 1_Approval Letter_20151229

Water Resources
ENVIRONMENTAL OVALI fY
Mr. Johnathan McCall
Carolina Development Services
2627 Breckenridge Centre Drive
Monroe, NC 28110
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
December 29, 2015
DWR# 15-1248
Union County
Subject: APPROVAL of 401 Water Quality Certification and Goose Creek Buffer Authorization
with Additional Conditions, Ashe Meadows Development
Dear Mr. McCall:
You have our approval, in accordance with the General Certification, Goose Creek
Buffer Rule and those conditions listed below, for the purpose proposed in your application
dated December 1, 2015 and received by the Division of Water Resources (the Division) on
December 2, 2015. After reviewing your application, we have determined that this project is
covered by the Goose Creek Buffer Rule and 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/Authorization 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 total wetland fills for this
project (now or in the future) exceed one acre, or of total impacts to streams (now or in
the future) exceed 150 linear feet, compensatory mitigation may be required. 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, 15A NCAC 02H .0507, and 15A NCAC 02B .0600.
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)]
State of North Carolina I Environmental Quality I Water Resources I Water Quality Re®onal Operations
Mmre,aRlle Re®onal Offcel 610 Past Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704 663 1699

3. Approved Impacts:
Type of Impact
Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream
0linear ft. 46 linear ft.
Wetland
0 acre 0 acre
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. A final, written storm water management is required per condition #12 of the General
Certification. The SMP approved by the Division under the state stormwater program
meets the requirements of the 401 Certification Program. This plan was approved for
low density development.
7. 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. No changes to the structural storm water practices shall be made without
written authorization from the Division or local delegated authority.
8. 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)
9. Use of native vegetation and other soft stream bank stabilization techniques is
recommended 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. 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)
11. 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)
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)
This Certification and Buffer Authorization 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 [phone].

Within sixty (60) calendar days (30 days for Buffer Authorization) 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 [phone], 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 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 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�livG"'W. Corey B�
si Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: William Elliot, Army Corps of Engineers, Asheville (email)
Greg Antemann, CWS (email)
Karen Higgins, Wetlands Unit
MRO, Land Quality