20070319 Ver 2_Approval Letter_20140225

North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Ken Foster
Ridgeline Development Corp.
P.O Box 39
Cornelius, NC 28031
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
Ai,
AR E
I
Subject: Approval of 401 Water Quality Certification with Additional Conditions,
Woodbridge Development
Dear Mr Foster.
John E. Skvarla, III
Secretary
February 25, 2014
DWR# 07 -0319
Cabarrus County
You have our approval, to accordance with the general certification and those conditions listed below,
for the purpose proposed in your application dated February-1 1, 2014, and received by the Division of Water
Resources (the Division) on February 18, 2014. 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.org /web /wg /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.
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
0
149 linear ft.
Wetland
0
0.18 acre
3. This approval is a reauthorization of the impacts previously approved under "version 1" issued in July 2007
and is 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.
Wetlands Branch Permitting Unit One,.
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 North Car -.— na
Location. 512 N Salisbury St, Raleigh, North Carolina 27604
Phone, 919-807 -63001 FAX, 919 - 807 -6492 63L 6t�
Internet* www ncwaterguality om

DWR# 07 -0319
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 are required per the general certification 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. A copy must be
submitted to the Division.
6 Culverts placed in streams /wetlands shall be installed "in the dry" per the general certification. Existing
stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be
maintained or restored.
7 Should stream impacts exceed 150 linear feet, mitigation may be required.
8. 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.
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. Side slopes of sediment
control basin shall also be stabilized.
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. Prior to
the impact of the stream and wetland, a copy of the approved plan shall be submitted to the DWR.
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.
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 (Ridgeline Development Corp ) 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

DWR# 07 -0319
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 1508 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.
C
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 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,
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality
Tamp Bandy, Wetland and Natural Resources

Certificate of Completion
DWR Project No.
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
DWR # - 07 -0319
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
Resources, 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 Date.
If this project was designed by a Certified Professional
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