20130754 Ver 1_Approval Letter_20130903

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E Skvarla, III
Governor Director Secretary
September 3, 2013
DWQ# 13 -0754
Cabarrus County
Mr. William M. Davis
M/I Homes Charlotte
5350 Seventy Seven Center Dr. Ste. 100
Charlotte, NC 28277
Subject: Approval of 401 Water Quality Certification with Additional Conditions,
Brookvue Development
Dear Mr. Davis:
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, which can be viewed on our web site at http:/ /Dortal.ncdenr.org /web/wa /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
40 linear ft.
95 linear ft.
Wetland
0
0.499 acres
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1650 Mad Service Center, Raleigh, North Carolina 27699 -1650
Location- 512 N. Salisbury St Raleigh, North Carolina 27604
Phone [phone] FAX- 919 -807 -6492
Internet www ncwaterauality om
An Equal Opportunity I Affirmative Action Employer
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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.
4. The wetlands located along the boundary of the project site shall be clearly marked (example -
orange fabric fencing) prior to any land disturbing activities. Reinforced silt fence shall be
utilized along the boundary between the wetland and project. Rock outlets should be utilized
in low gradients areas to relieve stormwater /sediment pressure along the silt fence.
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.
6. 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.
7. Stormwater discharge structures at this site shall be constructed in a manner such that the
wetland receiving the discharge will not be impacted due to sediment accumulations, scouring
or erosion.
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 sediment/erosion 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 (M /I Homes Charlotte) 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. 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
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609 -6285
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

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.
3incerely,
t
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality
Tamp Bandy, Wetland & Natural Resources