20130852 Ver 1_Approval Letter_20130924

it ALIT *_ WIFAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Director Secretary
September 24, 2013
DWR# 13 -0852
Cabarrus County
Mr. Marty Davis
MI Homes, Charlotte
5350 Seventy Seven Ctr. Dr., Ste. 100
Charlotte, NC 28217
Subject: Approval of 401 Water Quality Certification with Additional Conditions,
Blume Property 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 August 9, 20913, and subsequent information submitted on
September 17, 2013, and received by the Division of Water Resources (the Division) on August 13, 2013 and
September 17, 2013, respectively. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3884, 3886, & 3890, which can be viewed on our web
site at hfo:Hportal.ncdenr.or4 /web /wg /swD /ws /401. The General Certification allows you to use Nationwide
Permit Number 12, 14, & 29 once they are 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. The above noted Certification will expire when the associated 404 permit
expires unless otherwise specified in the General Certification. Please pay careful attention to the
requirements of the certification, and the following additional conditions:
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
30
148 linear ft.
Wetland
0
0.01 acres
Wetlands Branch Pennit6ng Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Locabon 512 N Salisbury St Raleigh, North Carolina 27604
Phone- 919 -807 -63001 FAX- 919 - 807 -6492
Internet www ncwaterauality org
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DWQ #: 13 -0852
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. 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 /ncwetiands. The text of the sample deed notification may be modified as
appropriate to suit to this project. A copy must be submitted to the Division.
6. Work must be conducted in the dry.
7. For dual culverts, a flood plain bench shall be constructed immediately up and down stream of the culverts.
8. No in stream rip rap is proposed. Use of native vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening methods.
9. 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.
10. 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.
11. Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
12. A final, written storm water management is required per condition #12 of the general certification. The
storm water management plan shall be in accordance with NC DENR Storm water Best Management
Practices Manual and approved in writing by the Division (1650 Mail Service Center, NC, 27699 -1650) or
delegated authority 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 or local delegated authority.
13. 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.
14. 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. Please send photographs of the upstream and
downstream sides of each culvert site to document correct installation, along with the Certificate of
Completion form.
15. Continuing Compliance. The applicant (MI Homes) 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

DWQ #: 13 -0852
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 htto: / /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 DWR 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 Resource Consultants

Certificate of Completion
DWQ Project No.
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
DWQ#: 13 -0852
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401 /Wetlands Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWR 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 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:
Agent's Certification
Date:
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 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:
If this project was designed by a Certified Professional
Date:
I, , as a duly registered Professional
(i.e., Engineer, Landscape Architect, Surveyor, etc.) 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 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-