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HomeMy WebLinkAbout20171155 Ver 1_SAW-2017-01950_Permit Transfer 7152020_20200720DocuSign Envelope ID: 81E9E6F2-D4A1-4FCD-8911-DC4C17EE8DF6 CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133(fax) July 15, 2020 Bryan Roden -Reynolds U.S. Army Corps of Engineers Charlotte Regulatory Office - Wilmington District Subject: Permit Transfer Letter - Nationwide Permit No. 29 Metro South (AKA Scaley Bark) SAW-2017-01950 Charlotte, North Carolina CWS Project No. 2017-0358 Dear Mr. Roden -Reynolds: Carolina Wetland Services, Inc (CWS) is writing this letter to change the permittee from Pulte Home Company, LLC to Crosland Greens, LLC, in accordance with Nationwide Permit general condition 29, transfer of Nationwide Permit Verifications. Therefore, the permittee is transferring the nationwide permit verification to the new entity by submitting this letter to the appropriate Corps district office to validate the transfer. A copy of the Nationwide Permit verification is attached to the letter. The new permittee has signed the statement below: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." 16th day of July 2020 Crosland Greens, LLC DocuSigned dy: ag a1�E2an52�_o__ature of Authorized Representative Sandra Binder, Director Print Name and Title Thanks for your attention to this matter. Sincerely, C. Gregg Antemann, PWS Attachments: General Permit Verification for Nationwide Permit No. 29, Metro South (SAW-2017-01950) Water Quality Certification, DWR# 17-1155 NORTH CAROLINA • SOUTH CAROLINA WWW.CWS-INC.NET U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-01950 County: Mecklenburg U.S.G.S. Quad: NC -Charlotte East GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Pulte Home Company, LLC Cisco Garcia Address: 11121 Carmel Commons Boulevard, Suite 450 Charlotte, NC 28226 Telephone Number: 704-543-4922 E-mail: ciscogarcia(&pultegroup.com Size (acres) 13.6 Nearest Town Charlotte Nearest Waterway Little Sugar Creek River Basin Santee USGS HUC 03050103 Coordinates Latitude: 35.1922 Longitude:-80.8708 Location description: The project area is located 530 feet northeast of the intersection of Whitton Street and Weona Avenue. PINS: 14905304, 14905444, 14905443, 14905442, 14905441, 14905440, 14905439, 14905438, 14905437,14905436, 14905435, 14905111. 14905112. 14905113. 14905114. 14905211. 14905201. 14905202.14905203. 14905204. 14905205. 14905206. 14905207. 14905208,14905209,14905210,14908602. Description of projects area and activity: This verification authorizes the placement of fill material in 99 linear feet of stream to facilitate the construction of a residential condominium development. The project would result in the loss of 58 linear feet of stream from the installation of a culvert and roadway and permanent impacts to 41 linear feet of stream for the installation of concrete turndowns and a riprap energy dissipation pad at the up and down stream ends of the culvert. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 29. Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 10/12/2017, and the enclosed plans Figures 1, 8, and 9 dated 10/12/2017. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David L. Shaeffer at 704-510-1437 or david.l.shaeffer(i�usace.army.mil. Digitally signed by SHAEFFER.DAVID.LEIGH.1260750573 �`' DN:c US,o U.S. Government, o D.D,o =PKI,o USA, Corps Regulatory Official. . mdHA17.11.613. .21-0'00' 0573 Date: 11/06/2017 Da SHAE7.11.0613:00:21 H.126 Expiration Date of Verification: 03/18/2022 SAW-2017-01950 Determination of Jurisdiction: A. ® There are waters on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued Date. Action ID: AID. Basis For Determination: See the preliminary jurisdictional determination form dated 11/06/2017. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Digitally Signed by SHAEFFER.DAVID.LEIGH.1260750573 . DN:r—USFFER.D Govemment,ou=DOD, ou=PKl, ou=USA, Corps Regulatory Official: m=SHAEFFER.DAVID.LEIGH.12O....... �] Date: 2017.11.0612:32:12-OS'00' David L. Shaeffer Date of JD: 11/06/2017 Expiration Date of JD: Not applicable SAW-2017-01950 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.anny.mil/cm apex/f?p=136:4:0 Copy furnished: Agent: Carolina Wetland Services, Incorporated Gregg Antemann Address: 550 East Westinghouse Boulevard Cahrlotte, NC 28273 Telephone Number: 704-408-1683 E-mail: gregg(&cws-inc.net SAW-2017-01950 SPECIAL CONDITIONS a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Action ID Number: SAW-2017-01950 County: Mecklenburg Permittee: Pulte Home Company, LLC, Cisco Garcia Project Name: Metro South Residential Development Date Verification Issued: 11/06/2017 Project Manager: David L. Shaeffer Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: David L. Shaeffer Asheville Regulatory Office U.S Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date �^ wg' Revised October 12, 2017 Norris °� =3 �r 21_ gF�i rJ'ba a w� r4c4aseagee Rd o° s, r 4r q y e —7a—r7_4 `' o Charlotte u� `fi ge Carolir" �k F tl �= Goff i,lub `Vd Reth 1:r (27) s rys ti; pia Sr Sr �d` Hartford Avenue r o n , � r H 1� c>s a Q a3 F riy. °Q � ��'° oy . ,r1fH llRd Eyyoodlawn�Qa h - Park Hrjh oc �b �a yn ,star Tyvol r y ckdo L^ z Runny hoc col 0 Tyvola 4 Place " a� 3c 17 2 _ EE 21! a 0 Tj a >a a A'addel l High i r �a m :=oulh o�° m Park g° = Whaehall Legend o mm°n 5 a ,�, Project Limits (13.6 ac.) WQhr � d Rd a 5,000 2,500 0 5,000 Feet REFERENCE: BACKGROUND VICINITY LAYER PROVIDED BY ESRI, DATED 2017. -- A SCALE: 1 inch = 5,000 feet DATE: 8/1/2017 Vicinity Map FIGURE NO. CWS PROJECT NO: 2017-0358 DRAWN BY: AVH _ Metro South APPLICANT NO: CHECKED BY: GCA CAROL IN Charlotte, North Carolina SERVICES CWS Project No. 2017-0358 C:\Users\AliisaHarjrmiemi\Desktop\Current Projects\Metro South\AmGIS\Figurel_Vicinity.mxd LAYOUT NOTES: ill I 1. AT TIME OF STAKING, CONTRACTOR TO CONTACT LAND DEVELOPMENT ENGINEER FOR DIGITAL SITE PLAN FILE FOR COORDINATION OF STAKING. 2. SHOULD ANY DISCREPANCIES OR ERRORS BETWEEN COORDINATE POINTS AND DIMENSIONS OR OMISSIONS OF CRITICAL STAKING INFORMATION BE DISCOVERED, CONTACT THE LAND jlo a / DEVELOPMENT ENGINEER IMMEDIATELY FOR A COORDINATED SOLUTION. • U v 3. ALL DIMENSIONS AND RADII ARE TO THE BACK OF CURB UNLESS OTHERWISE NOTED. 4. ALL SIDEWALKS SHALL BE FIELD STAKED FOR APPROVAL BY THE LAND DEVELOPMENT m A ENGINEER. `nn 5. LAND DEVELOPMENT ENGINEER TO BE GIVEN 24 HOURS NOTICE PRIOR TO START OF d U CONSTRUCTION. u �LL o 6. ALL CONSTRUCTION SHALL COMPLY WITH CHARLOTTE/MECKLENBURG LAND DEVELOPMENT J. STANDARDS AND SPECIFICATIONS E } • - \ _ I I ° Esil I 7. ALL PATCH WORK WITHIN LIMIT OF CONSTRUCTION SHALL BE CONSISTENT WITH ;, A o 6 ASSOCIATED ASPHALT PAVEMENT DETAIL. C n 8. ELECTRICAL, TELEPHONE, AND CABLE LINES AND POLES TO BE ELIMINATED OR RELOCATED, __ o� a SHALL BE COORDINATED WITH DUKE POWER, AT&T, AND TIME WARNER. z n nER MBUBLIO Rryy ` `� I 9. ALL TRAFFIC SIGNS AND MARKINGS TO BE INSTALLED AND COMPLY CURRENT CLDSM AND UctF ! ' 5p�zst 0/ II MUTCD STANDARDS AND SPECIFICATIONS. r xmu E. sla • 3 \ _ ` 10. PER SECTION 18-175(e) OF THE CITY CODE AND SECTION 10.0 OF THE CITY'S POST _ • w u ; __ \� CONSTRUCTION CONTROLS EASEMENTS (PCCEE) MUST BE RECORDED PRIOR TO THE EX USf s/HCt<F4+�� HAARRY N/F ` - _ ` ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. Mtr z a pBV O/LIIEwH�,S, G`r 11. ALL SIDEWALKS SERVING INDIVIDUAL UNITS SHALL BE 4' MIN. WIDTH. SIDEWALKS SERVING 4 �l9DE SICK I•,' 4 +' ' y y Dce Pc w F ■ \\-` FOR MORE UNITS SHALL BE 6' MIN. WIDTH. "R0l R Mi4E I _ _ _ ` \ � ` y: ••. n + 3a EX USExHC�CraMly R: pAo„�,MKtIN / -��-����� Project Limits SEAL." sNP"bur z °lo"u�F PARKING REQUIREMENTS: = [X UE�ONIN0. D31 3 US JERNbA"Ettf `� `�- �`2`•. 7" N/SINK SINcIE FAbt /UIs o0 o Iq IA°BERI rCi I ` _ '�O, tJ•'• ' •,14` Feo"s Pe s"B Y Ex us zoritvc, R-zz DBI'R outA X°ryrDbps N 1. VEHICULAR PARKING REQUIRED: ', TX .......... TAX lU: iaa-o53-r3 L SqO F'Ix Ip:r• PG °MObos / \ EX ZOHIND: B-S/R-IT uF FAMiIY EX 1 lea-p31 e ` - TOD, RESIDENTIAL USE Z use couuEnaAL Ex usE: s"��c R-+11 RDD B _ - MIN OFF-STREET PARKING (1 SPACE PER UNIT X 146 UNITS) = 146 SPACES FAMitr p oz�rpE sg,R� " N/ _ - MAX OFF-STREET PARKING (1.6 SPACES PER UNIT X 146 UNITS) = 234 SPACES PN_r ex +a-o + MBERIY \ _ 2. VEHICULAR PARKING PROVIDED: / EX USF.�Os"INC: RI-1° EtE" - 146 OFF-STREET SPACES INGLE F+ M" ID�SBS pC Bw, g DNF \\\ _ vnno PEn"ezo"wc,Tw. I� 145 144 `` awtr Ex ug�Owxa�0p3z as Rop% pisuo/3vaP3GPAR-nOw VARIES + 35.50' _II�` - \O �� 143142 141 146 O139 13e ` _ I HptE rX °US*EAxIaYI"°a"o> EXpaun0lFM1 rolPuroslFs°s ° a rxXHZO°OI aNs/INt°pN`DFCcG �BRPA N NN xN�"II"I "x"M4iLaoE sFMP r IIIlI i 1I lI ON -STREET SPACESg LLEL PARKING) °" la loCESSBE ON STR T SPACES Mr IS TOTAL PROVIDED - 200 PARKING SPACESeroSFouto E s137 RF ru.?.A "FAutY / li y4 t4BRop Pa/F DEVELOPMENT SUMMARY: AttsvTMI 114 / tos `"E:°usE vecenT U+Dc /I ppD I U Poutos' N«I a I FR1Pirvc°I 115 a ll = $ I, I rod �aB Pc ss+ 1. TAX PARCEL NUMBERS: PROP b Dnlvew I I 128 O \ / 113 ll a� Il Ex ug�smH°c; �e-eo - 14M5-304, 149-05-044, 149-05-443, 149-05-442, 149-05-041, 149-05-440, 149-05-439, v 1 129 _ 3 7 B ° "/F Il Il IHctE r w I 130 116 w d s Ru GE RG ll Il 149-05�38, 149-05�37, 149-05-436, 149-05-435, 149-OS-111, 149-05-112, 149-05113, RooEm cu/v sPeaRow O I�EXrO: ria °C °ssr l lI Il 149-05-114, 149-05-211, 149-05-201, 149-05-202, 149-05-203, 149-05-204, 149-05-205, G Rp vi d w I 133 O 117 I ¢ �' 112 98 97 96 Ex usr�IciE R,+'+ / % I i / 149-05-206, 149-05-207, 149-05-208, 149-05-209, 149-05-210, 149-08-602 134 135 O "mw O 95 1 Abur ll Il l "wlcln"vq 2. SITE JURISDICTION: 9';B AS $ S . 93 lI I/ p EXECUIO EX IS' veceNTNF 1 O 136 111 O O O I TRrcrA - CITY OF CHARLOTTE 9 ^ O g2 O al I/ r+ °Issa 3. AREA PLAN: °g c. s1DEw / . o o° g $ 110 91 90 p 11 rx usE�oxlHc: DB z PNOP. oRivEwnv I g n SCALEYBARK TRANSIT STATION AREA PLAN �I 119 O I \ _ ,PROP sN1\ \ ` I Ij rMGtE FAuur -ADOPTED BY CHARLOTTE CITY COUNCIL OCTOBER 27, 2008 00 109 lEr-w,n`" �� PAo aw.l 89 �I 4. EXISTING ZONING &USES: Ny°p° I I TOD-M, TOD-R N yF I I / 108 _ PROP. Ross"/° 5. PROPOSED USES: 51 I 127 126 125 124 123 122 121 120 1 I 107 106 0 / \ \ , 88 � �� 1 °XB Os1nNjRESIDENTIAL 105 I Ex zDwy°9'ose±+ SF Ex usE. vncAHT 1 50 \/ ' O 104 103 PnoP. zrr PnnX PnDlrvno 87 ■ I it 1 r" use wlilni�'"r / 6. TOTAL S+/E595030 SFAGE13.66 AC 102 —F 11.EY 49 _ _ _ __ `APRpP 101 100 ONG I it I / 7. DIMENSIONAL REQUIREMENTS: Z wNN, coNc.-Elp _ _ _ aEY nw,oE Npos E 99 86 • I� - 6' SETBACK FROM SIDEWALK, ALL PUBLIC STREETS PER REZONING CROSS SECTION 6 vnoP. nccE TGEFT ! 48 1 IP°gpE I ■ I II 1 - 20' SETBACK FROM NORTHERN SITE BOUNDARY J _ u sslvAnIUND STALL 1 1 I I O c. "\ /8. TOTAL STORIES: O `NO PRov. DinrcnO E 52 53 54 55 56 57 58 59 60 61 62 65 86 I a $ -RESIDENTIAL-2 STORY TOWNHOMES \ Ey. s LL Sl RO wwv mP + O O O O O O O O O O O 63 64 O O 67 I II / - D•P AD gg 84 °P ff II / 9. REQUIRED URBAN OPEN SPACE: \Ex. EDGE or PAVEmENr _ PRIVATE OPEN SPACE FOR TOD, RESIDENTIAL USE -1 SF / 100 SF GROSS FLOOR AREA �! _��/ Tas c=c__ - 1 _ I 83 ■ I I� I BAOKOFcuRO / / OR 1 SF /200 SF LOT AREA, WHICHEVER IS GREATER (�l� 70 \ ■ I�Ex TOTAL PRIVATE OPEN SPACE PROVIDED: 15,237 SO. FT. U TOTAL GROSS FLOOR AREA: t134,850 SO FT. - - INOP. FETUA.—L.F. ENonr - w / —vnrzo veN NezorvlNe, TVF _ _ _ _ _ _ - _ PROPG7I IPUBLIICC R/W -rum Peon -G TYN nr O 73 74 D, I / "ALL SOLID WASTE AND RECYCLING SERVICES TO BE PROVIDED BY A PRIVATE COMPANY. U PROP. BPLn"nNcsmw 71 L.L PNoa. sErsncnP '"� 72 NP _ _ _ _ _ ezoNlNc, rvP ` NDP.MDDINED PEII REEBIDE O I :. I / wux� PF—S PLANTING STRIv 75 ygi� 1 z OnwE I _ 76 O W O �� ` \ 77 I ° E.womFiEDrvPEn PROP.s —KING PAD mFr O nry A I 46 43 42 / l� oe'usrr"w F / ` 0 PNOP. zo Pu:aND PAn mPa / 41 40 39 38 37 36 35 ® 33 32 31 30 29 28 27 26 25 24 II I 79 I cxxio 1 0 � / P B0 0 I Ex USEwuc°- B - / W Q 1N.GoT BounoANr lrvPl _ / \ `\• ��& "£ 81 I' II I reAC sWctt'FAyLLY U — - _ - - —' 1 1 NOS°FY I I v; N NEZONI. rvP / nIPIrvP.I - - - - / \ \- "YN \ II IRU aE /KR z 1 /9r / ALLE wITN I, oCa / I / `\. II / oP.oIaECTIONa<ncCE951 wM.,P mP_t _j Z PI_AYE N/F Bz 2 3 4 5 / �� " 7 © 07 ® Q9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I 1 UU nv IEorvPE Kwc sr e�°Eas,U,:Er I� / I..L Q '' - w V 4f sBL I—IDE-L. Q Q J rToEX ZONING. z/C- q w _ oRl iw /'" u / EX USE. CONNE uL ° c s' / I/ a �J omE/ / E / \ \ ■ / O T ALL(FYP.!4f ✓n EF / i / / \ \��� ��� O U O ALLDisvlue EwunP I $ g P P.) w Ex USE. sINOLEnNI / / / / LL w 1n I 1 b lu • 1 mP.i RO / / % i i./ O z J / y n I II I TAX 88'DUKE POWER EASEMENT Lr Q FF.v B smEw ---- yam'■ ' — 1111 !I I i — Ex USE:SINGLE FAMILY 4e °ja q� "r U d -49 1TAX ` EX ZONING R-171F1 II II 111 / / Ex DINSG°ao -RCr, —unF� N/DESSEx / "„P EX USE. MULTIFAMILY I j11 \nl lil 11 \\ / \ / BE'' [E �,V°N _ _ 1\ 1 \\ I L n DDAINAGE E. Z INSEX ZONE- R a \ \ \\ EX USE: Muul\\ \ ASEUErN W EX USE. MULTIFAMILY FeblLr USE. MULTIFAMILY \ ` E w _ _ N NF U - \ \ \\ \\ \ SNG�. A a o1 a m . wA 1OUSE \ \ \\ \\ Mxr Iz- _ \ \\\\ \\ \ /P I o �' EX EX uaE. NULTIF.NILr\I\` �\ 1�1 N F 1 3gkBOse ,%, °NhE PEE OAP BLICCt \ 111111�IsGe 'FERPNUPD.s / / / ry D4.I Nc pS,f "lJ'sy 1 RMB8PG 451 `\ I , II III III ICI I / / �K'4Y<t \ R BsN/P °� BBpGCUP .. \/nl UI 1 11\\ / / �"'w� � 0 Pi gure 9 - Proposed //, pacts (S1-S3) a r i / ' / : M', / rk sFj<sorA Figure BEFORE YOU DIG! 8 7 / 2QJbro / / h F?pN sBpR CALL 1-800-632-4949 Revised October 121 2017 / ate / s0tr °/° 30' 30' 20' N.C. ONE -CALL LCE' 0� / / / W IT'S THE LAW! 725 725 NOTES: 1. STREAM BED TO BE EXCAVATED FOR INSTALLATION OF NEW RBC, CONCRETE TURNDOWNS, AND RIP RAP. 2. EXCAVATED STREAM BED MATERIAL TO BE PRESERVED FOR BACKFILLING FOLLOWING INSTALLATION. 3. BACKFILL EXCAVATED STREAM BED UPSTREAM OF CULVERT INLET. 4. RIP RAP WILL BE INSTALLED ON THE OUTLET OF RBC. FILTER FABRIC WILL UNDERLAY RIP RAP. ALL RIP RAP WILL BE CLEAN AND FREE OF DIRT AND OTHER MATERIAL. RIP RAP WILL BE SIZED TO PREVENT BEING DISLODGED DURING PEAK FLOW EVENTS. RIP RAP WILL BE KEYED IN BELOW EXISTING STREAM BED ELEVATION. EX.GRADE PROP. HEADWALL, BY OTHERS 720 STREAM BED WILL BE BACKFILLED TO MATCH PRE -CONSTRUCTION ELEVATION AND SLOPE EXCAVATION OF STREAM BED FOR INSTALLING AND COUNTERSINKING RBC 715 UPSTREAM CHANNEL INV: 715.50 I CONCRETE TURNDOWN TO BE DESIGNED BY OTHERS PIPE INV: 714.50 PROPOSED SILLS S I % S1: Permanent Impact - 58 If (culvert) - Permanent loss of waters - Mitiaation Dr000sed at 1:1 ratio 0+50 PROR GRADE PROP. GUARDRAIL TO EXTEND 20' BEYON 7 3: Permanent Impact EX. PIPE END WALL HEADWALL IN EACH DIRECTION, TYP. 15 If (grading and concrete EX. 24"RCP Irndown) NOTE THIS SHEET FOR INFORMATIONAL PURPOSES ONLY. ACTUAL CULVERT AND HEADWALL DESIGN TO BE BY OTHERS. Revised October 12, 2017 PROP. HEADWALL, BY OTHERS V 1 TIE PROP GRADE INTO EXISTING STREAM - GRADES. GRADES TO BE CONFIRMED INFIELD AS SURVEY DIDN'T PICKUP STREAMLINE \ GRADES PROP. CURB, TYP. STREAM BUFFER, TYP. ` �} 3 } -5 / 46 LF 8'x4' REINFORCED' / BOX CULVERT Q / _7 o <v 1, PROP. HEADWALL, BY OTHERS STREAM SUBSTRATE TO BE MAINTAINED THROUGH CULVERT BOTTOM DOWNSTREAM CHANNEL INV: 715.00 PROP RIP RAP TO BE DESIGNED ETURNOTHE S BE DESIGNED BY OTHERS PIPE INV: I14.00 c4' REINFORCED BC CULVERT PROFILE 1+00 720 715 EXISTING STREAM BED ELEVATION 710 S2: Permanent Impact �e - 26 If (rip rap) - No loss of waters 1 PROP D20'BEYOND iS,. HEADWALL IN EACH DIRECTION, TYP. -- \ PROP. RIP RAP PROP. HEADWALL, BYOTHERS — PROPRAIL . GUARD NOTE: PROP.OWNER IS NOT DEVELOPER STREAM BUFFER, TYP. — PROP. SIDEWALK EX. LOT LINE BEFORE G! VOU DI CALL 'I-800-6- 1-1 5' 0' 5' 10' 20' N.C. ONE -CALL CENTER IT'S THE LAWI • z o gA- Uo vu? E E a emo �m J 1 9pESICNI��; CORPORATE SEAL Q`_ Q Z J O Q U I cez O O LU J_ W Q LL. � 0 CL mac~ z � Q O=0 Z U° O IA w CL �0 w ~ II- > I..0 J J z U :2) u Figure 9 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Pulte Home CompAgy, LLC Cisco Garcia File Number: SAW-2017-01950 Date: 11/06/2017 Attached is: See Section below PROFFERED PERMIT Standard Permit or Letter of ermission A RED PERMIT Standard Permit or Letter of ermission B DENIAL LAPPROVED C JURISDICTIONAL DETERMINATION D INARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or hqp://www.usace.gM.miUMissions/CivilWorks/Re ugulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 1I of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: David L. Shaeffer CESAD-PDO Asheville Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 151 Patton Avenue, Room 208 Atlanta, Georgia 30303-8801 Asheville, North Carolina 28801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Compensatory Mitigation Responsibility Transfer Form Permittee: Pulte Home Company, LLC, Cisco Garcia Action ID: SAW-2017-01950 Project Name: Metro South Residential Development County: Mecklenburg Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03050103, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 58 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03050103 Expanded Service Area Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 87 Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. acceptance letter identifies a specific site, also list the specific site to be debited). For NCDMS, list NCDMS. If the NCDMS Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NCDMS, confirming their willing and able to accept the applicants compensatory mitigation responsibility, dated 10/13/2017was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: David L. Shaeffer USACE Field Office: Asheville Regulatory Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Email: david.l.shaeffer@usace.army.mil Digitally signed by SHAEFFER.DAVID.LEIGH.1260750573 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, . ou=USA, cn=SHAEFFER.DAVID.LEIGH.1260750573 Date: 2017.11.06 12:33:43-05'00' 11/06/2017 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 11/06/2017 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Pulte Home Company, LLC, Cisco, Garcia, 11121 Carmel Commons Boulevard, Suite 450, Charlotte, NC, 28226 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Metro South Residential Development, SAW-2017-01950 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is located 530 feet northeast of the intersection of Whitton Street and Weona Avenue. PINS: 14905304, 14905444, 14905443, 14905442, 14905441, 14905440, 14905439, 14905438, 14905437,14905436, 14905435, 14905111, 14905112, 14905113, 14905114, 14905211, 14905201, 14905202,14905203, 14905204, 14905205, 14905206, 14905207, 14905208, 14905209, 14905210, 14908602. State: NC County: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Latitude: 35.1922 Longitude:-80.8708 Universal Transverse Mercator: Name of nearest waterbody: Little Sugar Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 11/6/2017 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Type of aquatic Geographic authority to Latitude (decimal Longitude (decimal aquatic resources in resources (i.e., which the aquatic resource Site Number degrees) degrees) review area (acreage wetland vs. non - "may be" subject (i.e., and linear feet, if wetland waters) Section 404 or Section applicable 10/404) Stream A 35.1920 -80.8724 4811f Non -wetland Section 404 Water 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figure 7 dated 8/1/2017 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic ® USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ® Natural Resources Conservation Service Soil Survey. Citation: Web soil survey ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ❑Aerial (Name & Date): or ®Other (Name & Date):Attachment G — Photos 1-4 dated September 11, 2017 ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Digitally signed by �rDN: SHAEFFER.DAVI D.LEIGH.1260750573 PKl, o =USA, Government, ou=DoD, ou=PKI, ou=USA, cn=SHAEFFER.DAVI D.LEIGH.1260750573 Date: 2017.11.06 12:34:23-05'00' Signature and date of Regulatory staff member completing PJD 11/06/2017 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. ONII0 C3 0 0 0 �O 0 nt/Per B eakpoint 01/ SDP \ C:� Potential Non -Wetland Waters of the U.S. Stream A - 481 if O 0 v O e 0 Legend 0 0 0 C3 Project Limits (13.6 ac.) 0 Q — Potential Non -Wetland Waters o �l S CP3 0 Buildings � Pipes O — Roads Potential Non -Wetland Parcels Waters of the U.S N Photo Location and Direction 0 Stream B - 163 if ♦SCP Stream Classification Point •DP Data Point REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY O Flow Direction Indicator GIS DEPARTMENT, DATED 2016. NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT GPS UNIT BY CWS, INC., ON 200 100 0 200 Feet JANUARY 26, 2015 AND JULY 10, 2017. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. SCALE: DATE: 8� 1 H2O 17 FIGURE NO. 1 inch = 200 feet Jurisdictional Boundaries CWS PROJECT NO: DRAWN BY: 2017-0358 AVH Metro South 7 APPLICANT NO: CHECKED BY: GCA CAR 0 L�I�N A Charlotte, North Carolina CWS Project No. 2017-0358 / C:\Users\AliisaHarjuniemi\Desktop\Current Projects\Metro South\AxGIS\Figure7_JDmap.mxd Water Resources ~ Environmental Quality Mr. Cisco Garcia Pulte Home Company, LLC 11121 Carmel Commons Blvd. Suite 450 Charlotte, NC 28226 Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Metro South Development Dear Mr. Garcia: ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director 6 November 2017 DWR# 17-1155 Mecklenburg County You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated October 12, 2017 and received by the Division of Water Resources (the Division) on September 12, 2017 and subsequent information on October 31, 2017. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 4092 which can be viewed on our web site at http://Portal.ncdenr.org/web/wa/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: 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. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (a) -'=-Nothing Compares'" - State of North Carolina I Environmental Quality 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919-707-9000 3. Approved Impacts: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 15 linear ft. 84 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. 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. 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) 8. 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) 9. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 15A NCAC 02H.0506(b)(3) 10. 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) 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 15A NCAC 02H.0506(b)(3) 12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this Certification. 15A NCAC 02H.0506(b)(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) 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: 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, e4 W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: David Schaeffer, Army Corps of Engineers, Charlotte, email Greg Antemann, CWS, email DWR 401 & Buffer Permitting Branch file MRO, Land Quality