The URL can be used to link to this page

Home My WebLink About20201527 Ver 1_Approval Letter_20210226ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANI£L SMITH Director NORTH CAROLINA Environmental Quality February 26, 2021 DWR# 20-1527 Cabarrus County Mr. Casey Werner Suncrest RealOp 2701 E Camelback Rd., Ste 108 Phoenix, AZ 85016 Delivered via email to heath.caldwell(a�wetlands-e Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Bakers Creek Development Dear Mr. Werner: You have our approval for the impacts listed below for the purpose described in your application submitted to the Division of Water Resources (Division) December 29, 2020, and payment received on December 30, 2020, with subsequent information submitted on February 26, 2021. The Division has determined that the proposed project and impact will comply with water quality requirements covered by the attached Water Quality General Certification Number 4135 and the conditions listed below, provided that you adhere to the certification located at https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting- branch/general and the conditions listed below. This certification is associated with the use of General Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. 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 following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 0 linear ft. 154 linear ft. Wetland 0 acre 0 acre 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)] If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Mooresville Regional Office within 24 hours D E Qom, _ North Carolina Department of Environmental Quality I Division of Water Resources wJ�}/� Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 N11H fH (:A�i(1!.INA � 0O'tore'wml talQ"I 704,663.1699 (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional conditions: 1. 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)] Justification: Failure to reduce erosion of runoff conveyances and to provide for maximum reduction of erosion on areas not related to ongoing construction, shortens basin holding times, increases turbidity of discharge and creates a greater potential of bypass discharge. 2. 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)(1) andl5A NCAC 02H .502 (c)] Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 3. 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. Updated designs shall be submitted to the Mooresville Region for review/approval prior to construction. [15A NCAC 02B .0203] Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] 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 nttp://www.ncoan.cu, or by calling the OAH Clerk's Office at (919) 431-3000 One (1) copy of the petition must also be served on DEQ as follows: Mr. Bill 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, CA DocuSigned by: .►.. 4tW H P441ft for F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Krysta Stygar, Army Corps of Engineers, Charlotte, email Len Rindner, WPEG, 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