20121066 Ver 1_Approval Letter_20121206

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
December 6, 2012
DWQ# 2012 -1066
Mecklenburg County
Mr. David M. Pierce AIA
38900 N. Northwest Hwy, Suite 700
Dallas, Texas 75220
Subject: University House
APPROVAL of impacts to headwater wetlands.
Dear Mr. Pierce:
You have our approval; fill .302 acres wetlands to install to develop the University House Subdivision in
Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on
November 19, 2012. After reviewing your application, we have determined that this project is covered by
Water Quality General Certification Number 3890, which can be viewed on our web site at
hftp: / /Portal.ncdenr.om /web /wQ /swp /ws /401. The General Certification allows you to use-Nationwide Permit -
Number 39 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.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us in writing, and you may be required to send us a new application for a
new certification. If the property is sold, the new owner must be provide with a copy of this approval letter; and
is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are
not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
3. 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.
Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: [phone]'Fax: [phone] Customer Service. 1- 877 - 623-6748
Internet: http: / /portal.nodenr.org/webtwq
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
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4. A final, written storm water management plan shall be submitted to the 401 Oversight and Express
Permitting Unit (1650 Mail Service Center, NC, 27699 -1650) or approved delegated authority within 60
days of the issuance of the 401 Water Quality Certification. The storm water management plan shall be
approved in writing by this Office or delegated authority before the impacts specified in this Certification
occurs. Plans submitted to DWQ for approval shall include full size grading and drainage plans, BMP
sizing information, delineated drainage areas, surface area sizing data, design calculations, plan sheets
w /planting plans, and a signed /notarized Operation and Maintenance agreement(s). The storm water best
management practices are required to be appropriate for the surface water classification and designed to
remove at least 85% TSS according to the most recent version of the NC DENR Storm water Best
Management Practices Manual. These facilities must be designed to treat the runoff from the entire
project, unless otherwise explicitly approved by DWQ. Also, before any permanent building is occupied at
the subject site, the storm water management plan shall be implemented and the facilities shall be
constructed and operational. The approved structural storm water practices as well as drainage patterns
must be maintained in perpetuity. No changes to the structural storm water practices shall be made without
written authorization from DWQ.
You have the option of using the Express Review Program for expedited approval of these plans. If you
propose to use the Express Review Program, remember to include the appropriate fee.
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. 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.
7. 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.
8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC DWQ. Please send photographs of the upstream and
downstream sides of each culvert site to document correct installation, along with the Certificate of
Completion form.
9. Continuing Compliance. The applicant (Inland American Communities) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any requirements for compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law.
If DWQ determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that state or federal law is being violated, or that further conditions are
necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 21-1.0503, and provide opportunity for public
hearing in accordance with 15A NCAC 21-1.0504. Any new or revised conditions shall be provided to the
applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any

— -pern*issued pursuant4o Section 404 of the CleanAWer=Act aad skulk also - become conditions of the 404 b .
Permit for the project.
If you do not accept any of the conditions of this certification, 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 that 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.
This letter completes the review of DWQ under Section 401 of the Clean Water Act. If you have any
questions, please telephone Mr. Michael Burkhard in the Mooresville Regional Office at 704 - 663 -1699 or Ms.
Karen Higgins in the Central Office in Raleigh 919 - 807 -6360.
Sincerely,
for Charles Wakild
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality
Craig Wyant RLA
DWQ 20121066