20110267 Ver 1_Approval Letter_20110328

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Mr. Keith Paris
Moritz Properties, LLC
1111 Metropolitan Ave., Ste. 775
Charlotte, NC 28204
Subject Property: Siena Subdivision, Sewer line
March 28, 2011
DWQ# 11-0267
Mecklenburg County
Authorization Certificate per the Goose Creek Riparian Buffer Rule (15A NCAC 2B .0600-.0609) with
Additional Conditions
Dear Mr. Paris:
You have our approval, in accordance with the general certification and those conditions listed below,
to place fill in or to otherwise impact/stabilize the following as described in your application dated March 23,
2010:
Amount Approved (Units) Plan Location or Reference
Waters 0 (square ft.
Buffer 2000 (square ft.
Buffer Width 10 feet permanent
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project, including (but not limited to) those required by Erosion and Sediment Control,
Non-Discharge, Duke Power, and Water Supply Watershed regulations. This approval is for the purpose and
design that you described in your application. If you change your project, you must notify this office and you
may be required to submit a new application. If the property is sold, the new owner must be given a copy of
this authorization and is thereby responsible for complying with all conditions.
This approval requires you to follow the conditions listed in the attached Certification and any additional
conditions listed below.
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. The construction corridor shall not exceed 40 ft. in width and shall be returned back to the existing grade,
elevation and existing conditions. (no trees to be removed)
3. All construction staging shall occur outside the buffer or within the construction corridor.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 ?aturallt?
Internet: http://portal.ncdenr.oro/web/wa
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
4. All storm water shall be directed as diffuse/sheet flow (not piped) at non-erosive velocities through the
stream buffer.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
6. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
7. Upon completion of all work approved by this 401 Water Quality Certification, and any subsequent
approved modifications, the applicant is required to return the attached Certificate of Completion form to
the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with
the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes, to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This Certification and its conditions are final and binding unless
you ask for a hearing.
Any disputes over determinations regarding this authorization (associated with the approved buffer
impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review
as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under the Clean Water Act and the
Goose Creek Riparian Buffer Rule as described within 15A NCAC 2B .0600-.0609. If you have any questions,
please telephone Ian McMillan at 919-807-6364 or Alan Johnson at 704-663-1699.
Sincerely,
for Coleen H. Sullins
Enclosure
cc: Ian McMillan, Wetlands Unit