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Home My WebLink About20072257 Ver 3_Approval Letter_20130531A ___ MEW North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary May 31, 2013 Community One Bank Attn: Dave Watson 1017 E. Morehead St. Suite 300 Charlotte, NC 28204 DWQ # 07 -2257 V.3 Moore County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Chandler Hills at Seven Lakes West Dear Mr. Watson: You have our approval for the impacts listed below for the purpose described in your application dated August 23, 2012, received by the Division of Water Quality (Division) May 16, 2013. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide 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. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and /or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands 0.175 (acres) (acres) 2. 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 the 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 Wetlands. Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe) 1650 Mail Service Center. Raleigh, North Carolina 27699 -1650 Phone 91 M07-6301 \ FAX: 919- 807.6494 Internet: httpJ /portal.nedenr.org/web/wgANs An Equal Opportunity \ Affirmative Action Employer Chandler Hills at Seven Lakes West DWQ# 07 -2257 V.3 401 APPROVAL Page 2 of 4 given a copy of this approval letter and General Certifications) /Permit /Authorization and is responsible for complying with all conditions. 3. No Waste, Spoil, Solids, or Fill of Any Kind 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 Pre - Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 5. No Sediment & Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures should not be placed in wetlands or waters without prior approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or stream beds or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project. 6. Stormwater Management Plan (SMP) Approval by DWQ for Low Density Projects The development plan depicts an impervious surface area of under 24% and a stormwater drainage system that consists primarily of vegetated conveyances. A deed restriction shall be placed on the tract in order to limit the amount of impervious surface area to less than 24 %. This tract shall be held, transferred, sold, conveyed, developed and occupied subject to the Chandler Hills at Seven Lakes West DWQ# 07 -2257 V.3 401 APPROVAL Page 3 of 4 requirement that upon development of this tract, the then owner shall develop a stormwater management plan approved by the North Carolina Division of Water Quality if the total impervious area resulting from development of the Property is 24% or more of the total area of the Property. This restriction contained herein shall be binding upon the owner's successors and assigns, and shall be perpetual and run with the land until released or amended by a release or amendment approved by the North Carolina Division of Water Quality. This document shall be filed with the Register of Deeds, Moore County, North Carolina. The applicant shall submit copies of this document to the Division of Water Quality before any impacts to protected riparian buffers, wetlands, or waters shall occur. DWQ would like to remind you that if a compliance inspection reveals an impervious surface area of 24% or greater, then you will be in violation of this Condition and required to comply with the requirements of General Certification 3890. 7. 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 the attached certificate of completion to the DWQ WEBSCAPE Unit at: 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Please send one (1) copy of the petition to DWQ: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR -DWQ— Webscape Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 Chandler Hills at Seven Lakes West DWQ# 07 -2257 V.3 401APPROVAL Page 4 of 4 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR -DWQ— Webscape Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Chad Turlington at (910) 433 -3320 or chad.turlineton @ncdenr.sov if you have any questions or -- - - - - -- - - -- - - - - -- - - -- -- - - -- - - -- -- concerns. Sincerely, "I P PM '� 01 M .0 Belinda S. Henson Regional Supervisor DWQ Fayetteville Regional Office Enclosures: GC 3886 Certificate of Completion cc: William Mullin — Dr. J.H. Carter and Associates, Inc. Environmental Consultants (via email) Christy Wicker - USACE Wilmington Regulatory Field Office (via email) DWQ FRO 401 files Karen Higgins - DWQ Webscape Unit