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HomeMy WebLinkAbout20220065 Ver 1_Approval Letter_20220215R.OY COOPER. Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality February 15, 2022 DWR # 20220065 Mecklenburg County Meritage Homes of the Carolinas, Inc. Tim Sheehy 13925 Ballantyne Corporate Place Charlotte, NC 28277 sent via email to: tim.sheehy@meritagehomes.com Subject: Approval of Isolated Wetlands and Isolated Classified Surface Waters Individual Permit Galloway Ridge Project Dear Mr. Sheehy: Attached hereto is a copy of Permit No. WQC004650 issued to Tim Sheehy and Meritage Homes of the Carolinas, Inc., dated February 15, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Permit. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Permit and is responsible for complying with all conditions. [15A NCAC 02H .1304(d)(2)]. This Water Quality Permit does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Permit neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Permit does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Permit shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Permit to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Permit shall expire five (5) years from the date of this letter / when the corresponding 401 Water Quality Certification Approval DWR#20220065 expires. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Permit. N 1:1E O...rt.em of Eal .im .I oWu North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 Meritage Homes of the Carolinas, Inc. DWR# 20220065 Page 2 of 8 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Permit for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Permit you must notify the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Permit can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Permit in accordance with N.C.G.S 150B-23(a). This letter completes the Division's review 15A NCAC 02H .1400. Please contact Doug Perez at 704-743- 6872 or doug.perez@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: 44•41144, H P 4.4 for �F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ cc: Heath Caldwell, Wetlands & EPG, heath.caldwell@wetlands-epg.com Steven Kichefski, USACE Regulatory Field Office, Steven.L.Kichefski@usace.army.mil DWR 401 & Buffer Permitting Branch Electronic file N Department of Enwranmemai Quality North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center Raleigh, North Carolina 27699-1650 919.707.9000 Meritage Homes of the Carolinas, Inc. DWR# 20220065 Page 3 of 8 NORTH CAROLINA ISOLATED NON -JURISDICTIONAL WETLANDS and ISOLATED CLASSIFIED SURFACE WATERS INDIVIDUAL PERMIT PERMIT #WQC004650 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .1300 and 15A NCAC 02B .0200, to Tim Sheehy and Meritage Homes of the Carolinas, Inc., who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on January 12, 2022 and by Public Notice issued by the Division on January 13, 2022. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .1305(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetlands Isolated — Road Crossing 0.018 (acres) 0 (acres) This approval requires you to follow the conditions listed in the permit below. CONDITIONS OF PERMIT [15A NCAC 02H .1304(c)]: 1. The plans and specifications for the project are incorporated into the Permit by reference and are an enforceable part of the Permit. Any modifications to the project requires notification to the Division and may require submittal of an application for a modification to the Division with the appropriate fee. Citation: 15A NCAC 02H .1301; 15A NCAC 02H .1302 2. If this Permit is used to access residential, commercial or industrial building sites, then all parcels owned by the permittee that are part of the single and complete project authorized by this Permit must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H .1302(a); 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 3. For road construction purposes, this Permit shall only be utilized from natural high ground to natural high ground. Citation: 15A NCAC 02H .1302(a); 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 4. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), Federally Non -Jurisdictional Wetland Rules (15A NCAC 02H .1400) and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15A NCAC 02H .1302(a); 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) N D_E Department of Envlranmenlal Dually North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center Raleigh, North Carolina 27699-1650 919.707.9000 Meritage Homes of the Carolinas, Inc. DWR# 20220065 Page 4 of 8 5. If this Permit is used for utility related impacts, then the following Conditions shall apply to those impacts. a. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) b. Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10 feet to the top of bank or ordinary high-water mark. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) c. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the stream channel at a perpendicular angle (i.e., intersect the surface water at an angle between 75 degrees and 105 degrees). Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) d. Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum extent practicable and shall not exceed 50 feet wide for oil and gas utility lines and 40 feet wide for all other utility lines. For construction corridors in wetlands and across stream channels, stumps shall be grubbed only as needed to install the utility and remaining stumps shall be cut off at grade level. The general stripping of topsoil within wetlands along the construction corridor is prohibited. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) e. Permanent maintained access corridors in wetlands and across stream channels shall be restricted to the minimum width practicable and shall not exceed 30 feet wide except at manhole locations. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) f. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10-5 cm/sec or less. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) g. The following specifications shall apply to class B concrete: i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0 ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5 iii. Maximum water -cement ratio gallons per sack 6.8 iv. Slump range 2" to 4" v. Minimum strength - 28-day psi 2,500 The permittee shall have a specific plan for restoring wetland contours to pre -construction conditions. Any excess material shall be removed to a high ground disposal area. The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches must be piled separately from subsoils and shall be backfilled into the trench only after the subsoils have been placed and compacted. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) Na D_E _ OepaRbnenl of Lwmmnmvi ouaury North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919,707.9000 Meritage Homes of the Carolinas, Inc. DWR# 20220065 Page 5 of 8 6. The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non- compliance circumstances. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) established in this Permit. Citation: 15A NCAC 02H .1305; 15A NCAC 02H .1304(c) 8. All activities shall be in compliance with any applicable State Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 9. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 10. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Permit. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 12. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their Individual NPDES Stormwater Permit Number NCS000250. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Na D_E _ OepaRbnenl of Lwmmnmvi ouaury North Carolina Department of Environmental Quality f Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919,707.9000 Meritage Homes of the Carolinas, Inc. DWR# 20220065 Page 6 of 8 13. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow for low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width and in area where topographic constraints dictate culvert slopes will be greater than 2.5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to the Division 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to the Division a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then the Division shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 14. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0231; 15A NCAC 02B .0211 15. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently Na D_E _ OepaRbnenl of Lwmmnmvi ouaury North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919,707.9000 Meritage Homes of the Carolinas, Inc. DWR# 20220065 Page 7 of 8 contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0200 16. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 17. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0200 18. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0231 19. In accordance with G. S. 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .1304(c); N.C.G.S 143- 215.85(b) 20. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 21. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Permit. A copy of this Permit shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 22. This Permit grants permission to the Director, an authorized representative of the Director, or the Division staff, upon the presentation of proper credentials, to enter the property during normal business hours. Citation: G.S. 143-215.3(a)(2) This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Doug Perez at 704-743-6872 or doug.perez@ncdenr.gov if you have any questions or concerns. Na D_E _ OepaRbnenl of Lwmmnmvi ouaury North Carolina Department of Environmental Quality f Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919,707.9000 Meritage Homes of the Carolinas, Inc. DWR# 20220065 Page 8 of 8 Sincerely, DocuSigned by: 44 4644V H f)4 %L4 F161FB69A2D84A3... for W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ cc: Heath Caldwell, Wetlands & EPG, heath.caldwell@wetlands-epg.com Steven Kichefski, USACE Regulatory Field Office, Steven.L.Kichefski@usace.army.mil DWR 401 & Buffer Permitting Branch Electronic file N D_E Department of Envlranmenlal Dually North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center Raleigh, North Carolina 27699-1650 919.707.9000