HomeMy WebLinkAbout20201907 Ver 1_Approval Letter_20210226ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANI£L SMITH
Director
NORTH CAROLINA
Environmental Quality
February 26, 2021
DWR# 20-1907
Mecklenburg County
Mr. Nate Bowman
Bowman Development Group
13815 Cinnabar Place
Huntersville, NC 28078
Delivered via email to natebowmanl5(a�gmaiLcom
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
New Haven Road Project
Dear Mr. Bowman:
You have our approval for the impacts listed below for the purpose described in your application submitted to
the Division of Water Resources (Division) February 18, 2021, and payment received on February 21, 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 4139 and the conditions listed below,
provided that you adhere to the certification located at https:Hdeg.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 29 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.
0 linear ft.
Wetland
0 acre
0.317 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
(or the next business day if a weekend or holiday) from the time the permittee becomes aware of the
circumstances.
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
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:
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. [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.
4. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation
requirement. Until the DMS receives and clears your payment, and proof of payment has been provided
to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes,
this Authorization Certificate authorizes payment to the DMS to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506(c)]:
Compensatory
River and Sub -basin
Mitigation
Number
Required
Stream
0 (feet)
-
Wetlands
Catawba (03040105)
0.317 (acres)
1:1 ratio
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 project must provide for replacement of existing uses through
compensatory mitigation.
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
http://www.ncoah.co, 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:
444tw H P441
for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Bryan Rhoden Reynolds, Army Corps of Engineers, Charlotte, email
Len Rindner, WPEG,
Kelly Williams, DMS, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
20-1907
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500, Bowman Development Group. has permission as outlined below to
impact 0.317 acre of wetland in order to proceed with the single family residence in Mecklenburg 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
Impacts:
0.317 acre wetland
New Haven Road
Mecklenburg
Catawba (030400105)
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:
0.317 acre wetland required (1:1)
Mitigation:
0.317 acre of wetland by the DMS required for the 401 Water Quality Certification. In correspondence dated
February 8, 2021, the DMS indicated that up to 0.4 acre of wetland 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