20130331 Ver 1_Approval Letter_20130405

I�CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvada, III
Governor Director Secretary
April 5, 2013
DWQ# 13 -0331
Cabarrus County
Mr. Jon Hardy
Lennar Carolinas, LLC
14120 Ballantyne Corporate Place, Suite 400
Charlotte, NC 28277
Subject: Brookdale Commons
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hardy:
You have our approval, in accordance with the general certification and those conditions
listed below, to permanently impact 147 linear feet (If) of stream along with permanently
impacting 0.474 acres of wetland and temporarily impact 0.021 acres of wetlands order to
develop Brookdale Commons subdivision, as described in your application received by the
Division of Water Quality (DWQ) on March 28, 2013. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 3890 and
3884, which can be viewed on our web site at htta:/ /r)ortal.ncdenr.orgtwebtwq /swD /ws /401. The
General Certification allows you to use Nationwide Permit Numbers 29 and 12 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 above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. 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 given a copy of the Certification and approval letter;
and is thereby responsible for complying with all conditions.
1617 Mail Service Center, Ralegh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-M k FAX [phone]
Internet www.ncwateroualitv.oro
An Equal Opportunity 1 Aifirmabve Acbon Employer
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Page Two
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. Storm water 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.
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.
4. 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.
5. 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 Division of Water Quality.
Please send photographs of the upstream and downstream sides of each culvert site to
document correct installation, along with the Certificate of Completion form.
6. Continuing Compliance. The applicant (Lennar Carolinas LLC) 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 permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project.
DWQ 20130331

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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, P.E.
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Len Rindner 3714 Spokeshave Ln. Matthews, NC 28105
DWQ 20130331