20060796 Ver 2_Approval Letter_20140416

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North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 16, 2014
Mr Thomas Johnson
Lennar Carolinas, LLC
11230 Carmel Commons Blvd
Charlotte, NC 28226
John E. Skvarla, III
Secretary
DWR# 06 -0796 V2
a� Lit Cabarrus County
Subject: Approval of 401 Water Quality Certification with Additional Conditions,
Waterford of Rocky River
Dear Mr Johnson.
You have our approval, in accordance with the general certification and those conditions
listed below, for the purpose proposed In your application dated February 18, 2014, and
subsequent Information submitted on April 4, 2104, received by the Division of Water Resources
(the Division) on March 6, 2014 and April 4, 2014, respectively 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 /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 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
80 linear ft.
Wetland
0
0 acres
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
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone 704 - 663 -16991 Internet www ncdenr gov
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper

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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 Per the GC, 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 A copy must be submitted to the Division
6 Culverts placed in streams /wetlands shall be installed "in the dry" and "buried" per the GC
7 A final, written storm water management is required per condition #12 of the GC You are
required to provide one copy of the approved SMP, including plan details on full -sized plan
sheets, with proof of approval from the delegated program The approved SMP shall be
submitted to the DWR 401 & Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC
27699 -1650) before any impacts authorized in this certification occur After it is approved and
submitted to the Division, the SMP may not be modified without prior written authorization from
the delegated program and /or Division If the SMP is modified in the future, then you shall
provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior
to the commencement of the modifications
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 nprap 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 This
includes sediment basin interior and exterior slopes
11. Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted
This includes the area of culvert installation
12 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
13 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
14. Continuing Compliance The applicant (Lennar Homes, 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
Si cereI,
for Thomas A Reeder
Attachments
cc Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Tamp Bandy, WNR