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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