HomeMy WebLinkAbout20081565 Ver 2_Mitigation Information_20201015ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
October 15, 2020
DWR# 08-1565V2
Iredell County
Mr. David Hensley
LGI Homes NC, LLC
3037 Sherman Dr.
Lancaster, SC 29720
Subject: Phased Mitigation Payment(s) for Colonial Crossing (previously Oak Tree)
Dear Mr. Hensley:
An approval for this project was issued on November 27, 2019. The approval was in accordance with
Water Quality General Certification Number 4133 & 4135 which can be viewed on our web site at
https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-
buffer-permits/401-401-isolated-wetlands-waters-program The General Certification allowed you to use
Nationwide Permit Number 12 & 14 once they are issued to you by the U.S. Army Corps of Engineers (COE).
Additional Condition No. 6 of that approval required mitigation for a total of 436 linear feet of permanent
stream impacts. The impact to the stream(s) could not proceed prior to payment to the Division of Mitigation
Services. You have our approval to phase the mitigation payments for each proposed segment of stream
impact. Until the DMS receives and clears your payment, and proof of payment has been provided to this
Office, no impacts specified in the Certification shall occur. For accounting purposes, this Certification
authorizes payment to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required
River and Sub -basin Number
163 feet
Catawba (03050101)
Stream
136 feet
1:1 ratio
137 feet
Wetlands
0 (acres)
D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
vOry rN Cx:40:.itiA �
B.. a Io E".w^^�"��a°:r� /� 704.663.1699
All conditions of the previously issued 401 Water Quality Certification remain in effect. If you have any
questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699 or by email
at Alan. Johnson (a)ncdenr.gov.
Sincerely,
EDocuSigned by:
�r0 , H P44-ft for
F161FB69A2D84A3...
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Krysta Stygar, Army Corps of Engineers, Charlotte, email
Perry Isner, Soil and Water, email
Kelly Williams, DMS, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
08-1565V2
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500, LGI Homes NC, LLC (David Hensley) has permission as
outlined below to impact 436 linear feet of stream in order to proceed with the project in Iredell 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
Talley Street, Troutman
Iredell
Catawba (03050101)
Impacts:
436 total linear feet of stream (in phases of 163, 136, 137 If)
190 linear feet of stream (temporary)
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 15A NCAC 2R .0503(b).
Mitigation:
436 total linear feet of stream required (1:1)
Mitigation:
436 linear feet of stream by the DMS required for the 401 Water Quality Certification. In correspondence dated
August 12, 2019, the DMS indicated that up to 436 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 15A 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 DMS.
Signature
Date
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652
CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be
returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No. Date