HomeMy WebLinkAbout20170016 Ver 1_Approval Letter_20170113 ROY COOPER
Governor
WILLIAM G. ROSS,JR.
Environmental Acting Secretary
Quality
January 13, 2017
DWR# 17-0016
Mecklenburg County
Mr. Drew Bowman
Bowman Development Group
13815 Cinnabar Place
Huntersville, NC 28078
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Blackwood Knoll Development
Dear Mr. Bowman:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated December 15, 2016, and received by the
Division of Water Resources (the Division) on December 30, 2016. 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.orq/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. 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:
1. 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 and 15A NCAC 02H .0507
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 0 linear ft. 0 linear ft.
Wetland 0 acre 0.094 acre
4. A final, approved, written storm water management for low density development is required per
condition#12 of the General Certification prior to impacts.
-'``Nothing Compares`-
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh,North Carolina 27699-1 61 1
919-707-9000
5. During the construction of the project, no staging, nor operation of equipment, is permitted in
waters of the U.S., or protected riparian buffers without approval. 15A NCAC 02H .0506(b)(3)
6. 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)
7. 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)
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 htto://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 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.
Sincerely,
4 s1 _`
•
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: David Schaeffer, Army Corps of Engineers, Charlotte, email
Amanda Jones, Len Rindner, WPEG, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality