20131114 Ver 1_Approval Letter_20131107

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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
November 7, 2013
DWR# 13 -1114
Mecklenburg County
Mr. James Lawrence
Celadon Development, LLC
PO Box 79001
Charlotte, NC 28271
Subject: Approval of 401 Water Quality Certification with Additional Conditions,
4717 Piper Glen Dr.
Dear Mr. Lawrence:
You have our approval, in accordance with the general certification and those conditions listed below, for the
purpose proposed in your application dated October 13, 2013 and further clarification from the Army Corps and received
by the Division of Water Resources (the Division) on October 16, 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.o[g /web /wq /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. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
0
100 linear ft.
Wetland
0
0.25 acres
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. 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.
4. 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. Inlet protection shall be provided for the on site
conveyances.
Wetlands Branch Pennithng Unit
1650 Mail Service Center, Ralegh, North Carolina 27699 -1650
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: [phone] FAX. [phone]
Internet www rimateroualdv om
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
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None Carolina
ahmalloy

DWR #: 13 -1114
5. 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.
6. Continuing Compliance. The applicant (Celadon Development, 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 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: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699 -6714 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 by the Division 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,
C
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Tamp Bandy, Wetland & Natural Resources
i

DWQ Project No.
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
DWR #: 13 -1114
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 40IMetlands Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWQ 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: Date:
Agent'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: Date:
If this project was designed by a Certified Professional
1, , 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: