20180859 Ver 1_Approval Letter_20180716

ROY COOPER NORTH CAROLINA
GPV(W16r Environmental Quality
MICHAEL S. REGAN
Scrnfao,
LINDA CULPEPPER
lnlrrim Dlrerior
16 July 2018
DWR# 18-0859
Union County
Mr. William Laffoday and Charles Saleh
520 Eagleton Downs Dr., Ste. D
Pineville, NC 28134
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Cottage Green Development
Dear Mr. Laffoday & Saleh:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated June 18, 2018 and received by the Division
of Water Resources (the Division) on June 19, 2018 and subsequent information on July 16, 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
httl)s:Hdeg. nc. gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-
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
2. Several alternatives were provided for the wetland impact associated with lots 42 & 43. Figure
F4 indicates the project can be completed without impacting a wetland by omitting these two
=�"Nothing Compares7- ,
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

lots. This meets the requirement for avoidance and minimization and is acceptable at this
location.
3. A temporary culvert is proposed during construction. This shall be allowed for a period of six
months. The Division shall be notified upon the installation of the culvert and notified upon its
removal or request for extension of the time period.
4. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced. 15A NCAC 02H .0502 (e)
5. Approved Impacts:
Type of Impact
Amount Approved
Amount Approved
Temporary Impact
Permanent Impact
Stream
40 linear ft.
120 linear ft.
(culvert)
Wetland
0 acre
0.0 acre
6. 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)
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)
8. Stormwater BMPs are required. 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
9. 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)
10. 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.
11. 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)
12. 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)
13. 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)
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 [phone].
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 [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. 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 Shaeffer, Army Corps of Engineers, Charlotte, email
Daniel Roberts, CWS, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality