HomeMy WebLinkAbout20201526 Ver 1_Approval Letter_20210312ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 12, 2021
DWR# 20-1526
Union County
Mr. Brian Pace
Pace Development Group
6719C Fairview Rd.
Charlotte, NC 28210
Delivered via email to hpace ,pacedevelop.com
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Blue Sky Meadows
Dear Mr. Pace:
You have our approval for the impacts listed below for the purpose described in your application
submitted to the Division of Water Resources (Division) January 13, 2021, and payment
received on January 17, 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 & 41390 and the conditions listed below, provided that you
adhere to the certification located at hops lldeo nc oov/about/divisions/water-resources/water-
guality-oermittino/401®buffer®oermittinq-branch/general and the conditions listed below.
This certification is associated with the use of General Permit Number 14 & 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
28 linear ft.
265 linear ft.
Wetland
0.2 acre
0.078 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)].
North Carolina Department of Environmental Quality Division of Water Resources
-.-DE 512 North Salisbury Street 11617 Mail Service Center Raleigh, North Carolina 27699-1617
NORTH CAROUNA
oepemaor m Env,men ausro 919.707.9000
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.
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) and15A 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.
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.com/ or by calling the
OAH Clerk's Office at (919) 431-3000
—� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
D0,1dtMiHa10Emkoamenroi mxi+�b 919.707.9000
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,
EA
DocuSigned by:
4�%*uw N PU4%44 for
F 161 FB69A2D84A3...
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, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
IN-- North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center 1 Raleigh, North Carolina 27699-1617
(k,ia,i nme.wE.T—wow 919.707.9000
CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
County:
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: Date:
Engineer's Certification
Partial Final
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
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11bl7 Mail Service Center I Raleigh, North Carolina 27699-1617
t,'Wk 1 C'ARCX NA
�w+en a Ewa�.h` 919.707.9000