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Home My WebLink About20130756 Ver 1_Approval Letter_20130731FWA AIPh WR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary July 31, 2013 DWQ# 13 -0756 Mecklenburg County Mr. Brett Manery Pulte Home 11121 Carmel Commons Blvd., Suite 450 Charlotte, NC 28226 Subject: Approval of 401 Water Quality Certification and Isolated Wetlands Permit with Additional Conditions, Oak Manor Dear Mr. Manery: You have our approval, in accordance with the general certification and those conditions listed below, for the purpose proposed in your application dated July 12, 2013 and received by the Division of Water Quality (the Division) on July 23, 2013. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3890 and the State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000), which can be viewed on our web site at http:/ /Dortal.ncdenr.orgANeb /wp /swp /ws /401. 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 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. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2. Approved Impacts: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 60 linear ft. Wetland (Isolated) 0.13 acres 3. 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. Mooresville Regional Office Location- 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Phone (704) 663- 16991Fax• (704) 663 -6040\ Customer Service 1- 877 - 623 -6748 Internet: http / /portal ncdenr org/web/wq An Equal Opportunity /Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Noe Carolina `Naturally DWQ #: 13 -0756 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. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http:// h2o.enr.state.nc.us /ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. Copy submitted to the regional office. 6. 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. 7. 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. 8. 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 the Division 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 the Division. 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. 9. No sedimentlerosion control measures, 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 without approval from the Division. 10. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401 /Wetlands Unit of the Division. 11. Continuing Compliance. The applicant (Pulte Homes, Brett Manery) 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 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. DWQ #' 13 -0756 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 150B 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 If 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 MRO, Land Quality Tamp Bandy, Wetland and Natural Resources