HomeMy WebLinkAbout20201208 Ver 1_Approval Letter_20201203ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 3, 2020
DWR# 20-1208
Mecklenburg County
Mr. Dan Rossi
Toll Brothers, Inc.
14529 Grand Palisades Parkway
Charlotte, NC 28277
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Griffith Lakes Phase I Project
Dear Mr. Rossi:
You have our approval, in accordance with the General Certification and those conditions listed below,
for the purpose proposed in your application dated October 26, 2020, and received by the Division of Water
Resources (the Division) on October 26, 2020, and subsequent information on November 20, 2020. These
impacts are covered by the attached Water Quality General Certification Number 4139. This certification is
associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of
Engineers (COE). In addition, these impacts are covered by the attached Isolated and Other Non-404
Jurisdictional Wetlands and Waters General Permit / Buffer Rules and the conditions listed below. 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. The Division has determined that the proposed project will comply with
the water quality requirements provide that you adhere to the conditions listed in the certification and the
additional condition listed below.
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project, you must
notify the Division and you may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this Certification and is responsible for complying with
all conditions. [15A NCAC 02H .0507(d)(2)].
The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced. 15A NCAC 02H .0502 (e)
2. Approved Impacts, no other impacts including incidental impacts are approved:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream (culvert)
40 linear ft.
240 linear ft.
Wetland (BLHD)
0.02 acre
0 acre
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
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3. 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)
4. 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)
5. Stormwater Management: 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 02H .0506(b), 15A NCAC 02H
.0507(c), 15A NCAC 2H .1000
6. 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)
7. 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)
8. The permittee shall report to the Mooresville Regional Office any noncompliance with this certification,
any violation of stream or wetland standards [including but not limited to sediment impacts, and any
violation of state regulated riparian buffer rules. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the time the
applicant becomes aware of the circumstances. The written submission shall contain a description of
the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The
Division may waive the written submission requirement on a case -by -case basis. 15A NCAC 02B .0200
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are
set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms
may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and
15A NCAC 02H .0500. Please contact Mr. Alan Johnson in the Mooresville Regional Office at 704-
663-1699.
Sincerely,
EA
DocuSigned by:
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F161F969A2D84A3...
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachment
cc: Bryan Rhoden Reynolds, Army Corps of Engineers, Charlotte, email
Len Rinder, Wetlands & Environmental Planning Group, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
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