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Home My WebLink About20081155 Ver 4_Approval Letter_20180413ROY COOPER Governor MICHAEL S. REGAN Secretary " LINDA CULPEPPER Water Resources Interim Director Environmental Quality 13 April 2018 DWR# 08-1155V4 Cabarrus County Mr. Scott Lawrence MRECV-KW, LLC 13860 Ballantyne Corporate PI., Ste 130 Charlotte, NC 28277 Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Kellswater Subdivsion, Phase 3 Dear Mr. Lawrence: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated January 5, 2018 and subsequent information submitted on April 13, 2018. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 4139 which can be viewed on our web site at wetlands-buffer-permits/401-401-isolated-wetlands-waters-program 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: 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 300 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 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. 2g1 linear ft. Wetland 0 acre 0.036 acre !"-- 'Nothing Compares--, State ompares"- State of North Carolina I Environmental Quality 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919-707-9000 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. Once bare/fill slopes in excess of 10 feet in height and are within 30 feet of surface waters they shall be matted to prevent slope failure and erosion. 15A NCAC 02H .0506 (b)(3) and (c)(3) 6. Please provide documentation showing that water quality from the development will not be impaired. A storm water management plan in lieu of such documentation is acceptable if approved by a delegated or state authority. 15A NCAC 2H .1000 7. 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, 8. Mitigation [15A NCAC 02H .0500(h)] must be provided for the proposed impacts as specified in the table below. The Division has received notification/acceptance from the Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS 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 Certification authorizes payment to meet the following compensatory mitigation requirement: 9. Mitigation Credit: Approval of the restoration plan and issuance of the 401 Water Quality Certification means that DWR has determined that the proposed activity will not remove or degrade significant existing uses of the surface water . The issuance does not represent an approval of credit yield for the project. (15A NCAC 2H .0506(a)) 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. 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) 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. 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. 15A NCAC 02H .0507(c) Compensatory Mitigation River and Sub -basin Number Required Stream 291 (feet) Yadkin (03040105) 1:1 ratio Wetlands 0 (acres) 9. Mitigation Credit: Approval of the restoration plan and issuance of the 401 Water Quality Certification means that DWR has determined that the proposed activity will not remove or degrade significant existing uses of the surface water . The issuance does not represent an approval of credit yield for the project. (15A NCAC 2H .0506(a)) 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. 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) 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. 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. 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 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: 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. William F. Lane, 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, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: David Schaeffer, Army Corps of Engineers, Charlotte, email Paul Pettigout, Lowrys Env. & Eco. Svc., email DWR 401 & Buffer Permitting Branch file MRO, Land Quality 08-1155V4 NORTH CAROLINA-DIVISON OF WATER RESOURCES 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2 H .0500, MRECV-KW, LLC, has permission as outlined below to impact 291 linear feet of stream and 0.036 acre of wetland in order to proceed with the construction of Kellswater Ph. 3 in Cabarrus 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: Division of Mitigation Services (DMS) LOCATION: COUNTY: BASIN/SUBBASIN Impacts: 291 linear feet of stream 0.036 ac. wetland Kellswater Development Cabarrus Yadkin (03040105) 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 DMS 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: 291 linear feet total of stream required (1:1) Mitigation: 291 linear feet of stream by the DMS required for the 401 Water Quality Certification. In correspondence dated December 21, 2017 the DMS indicated that up to 350 linear feet of stream mitigation would be conducted by DMS 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 DMS 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 ENVIRONMENTAL QUALITY DIVISION OF MITIGATION SERVICES 1652 Mail Service Center RALEIGH. N.C. 27669-1652