20201652 Ver 1_Isolated and other Non-404 Jurisdictional Waters Approval Letter_20210608

ROY COOPER.
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROL! NA
Environmental Quality
June 8, 2021
DWQ# 20-1652
Cabarrus County
William Niblock
Niblock Homes
759 Concord Pkwy. N., Ste 20
Concord, NC 28027
sent via email to: [e-mail]
APPROVAL of Isolated and Other Non-404 Jurisdictional Waters (IWGP100000) with Additional
Conditions
Dear Mr. Niblock:
You have our approval for the impacts listed below for the purpose described in your application
submitted to the Division of Water Resources (Division) March 29, 2021, and payment received
on April 29, 2021, and Public Notice issue on April 8, 2021. The Division has determined that
the proposed project and impact will comply with the State General Permit for Impacts to
Isolated Wetlands and Isolated Waters (IWGP100000) which can be located at
https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-
permittinq-branch/qeneral. 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
na linear ft.
212 linear ft.
Wetland
na acre
0.169 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 Permit. 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 Isolated Non -Jurisdictional
Water Permit 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.
NORTH D `E�
Department of&nlronme�l Ouel sje
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

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
In addition to the requirements of the Isolated Permit, you must also comply with the following
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) 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 thirty (30) 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 [phone]
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
D_E
NoFn,
Daparoaenl of EnVhunmenlal Dually
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

This letter completes the review by the Division. If you have any questions, please telephone
Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699.
Attachments
cc: Jennifer Robertson, Atlas Env., email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
NORTH D `E�
Department of&nlronme�l Ouellty�
Sincerely,
L14,41414V
DocuSigned by:
H Pas.e4
F161FB69A2D84A3...
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

CERTIFICATE OF COMPLETION
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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: Date:
Agent's Certification
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
NORT�D `�
Department of&nlronme�l Ouellty�
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000