20130578 Ver 1_Approval Letter_20130628

ED E WRR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Acting Director Secretary
June 28, 2013
DWQ# 13 -0578
Union County
Mr. John Loberg
Standard Pacific of the Carolinas, LLC
1125 Carmel Road, Suite 301
Charlotte, NC 28226
Subject: Approval of 401 Water Quality Certification and Goose Creek Watershed Authorization with
Additional Conditions, Ladera Development
Dear Mr. Loberg:
You have our approval, in accordance with the general certification and those conditions listed below,
for the purpose proposed in your application dated May 28, 2013, and received by the Division of Water
Quality (the Division) on May 30, 2013. 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
http:/ /portal.ncdenr.org/web/wa /SwD/ws /401 as well as the Goose Creek Watershed Rule 15A NCAC 2B .0607
(1). The General Certification allows you to use Nationwide Permit Number 29 once it is issued to you by the
U.S. Army Corps of Engineers (COE). 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 /Authorization will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. In addition to the requirements of the certification, you must
also comply with the following conditions:
1. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream Impact
129 linear ft.
Zone 1
32,844 s . ft.
Zone 2
2. 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.
3. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable
within the buffer.
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.orgtweb/wq
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
Noe Caro a
Aztura�U
U

DWQ#: 13 -0578
4. 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.
5. Culverts placed in streams /wetlands shall be installed "in the dry". Immediately upon completion of the
installation, water flow shall be returned to its natural course. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained (or restored via constructed
benches) above and below the location of each culvert. If any of the existing pipes are or become perched,
the appropriate stream grade shall be re- established or, if the pipe is installed in a perched manner, the
pipe shall be removed and re- installed correctly.
6. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. Until the EEP receives and clears your payment, and proof of payment has been provided to
this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to the EEP to meet the following compensatory mitigation
requirement:
Impact
Impact Amount
Compensatory Mitigation
River and Sub -basin
Required
Number
Buffer, Zone 1
Sewer Line
2,788 sq. ft.
8,364 sq. ft.
Stream
0
0
7. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable
instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the
streambed, unless approved by the Division.
8. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving
stream will not be impacted due to sediment accumulations, scouring or erosion of the stream banks.
9. A final, written storm water management is required. The submitted storm water management plan shall
be approved in writing by this Office (or approved authority per the general certification) before the impacts
specified in this Certification occurs. 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 the Division.
10. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401Metlands Unit of the Division.
11. Continuing Compliance. The applicant (John Loberg, Standard Pacific of the 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 the Division 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, the Division 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, the Division shall notify the applicant and the
US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1.0503, and provide

DWQ#: 13 -0578
opportunity for public hearing in accordance with 15A NCAC 2H.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.
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 1506 by filing
a written petition for an administrative hearing to the Office of the 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. Within sixty (60) 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, 8:00 am to 5:00 pm, excluding
state holidays). The petitions may be faxed to the OAH at (919) 431 -3100, provided the original and one (1)
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 via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
!f sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609 -6285
This letter completes the review of DWQ 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 or Ms.
Karen Higgins in the Central Office in Raleigh 919 - 807 -6360.
Sincerely,
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit

DWQ#: 13 -0578
NORTH CAROLINA - DIVISON OF.WATER QUALITY . .. .
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Standard Pacific of the Carolinas, LLC has permission as
outlined below to impact 129 linear feet of stream and 32,844 square feet of buffer in order to proceed with the
project in Union County, North Carolina. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION:
COUNTY:
BASIN /SUBBASIN
Impacts:
129 linear feet
32,844 square feet
9601 Newtown Rd.
Union
Goose Creek Watershed
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement Program must
be rounded to the nearest foot and acreage requirements must be rounded to one - quarter acre increments
according to 15 2r .0503(b).
Mitigation:
2,788 sq. ft.
Mitigation:
2,788 sq. ft. of buffer by the EEP required for the 401 Water Quality Certification. In correspondence dated
June 25, 2013, the EEP indicated that up to 2,788 sq ft buffer mitigation would be conducted by EEP if
available within the cataloging unit. More may be required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you choose this option, please
sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice for the
appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS
BEEN PROCESSED BY THE EEP.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1652 Mail Service Center
RALEIGH, N.C. 27669 -1652