HomeMy WebLinkAbout20140593 Ver 1_Approval Letter_20140620AF ilr` �Ar
FqCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Wade Miller
Copper Builders
1235 -E East Blvd. Suite 155
Charlotte, NC 28203
JUN 2 3 2014
John E. Skvarla, III
Secretary
June 20, 2014
DWR# 14 -0593
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Hagood Reserve Residential
Dear Mr. Miller:
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated June 9, 2014, and received by the
Division of Water Resources (the Division) on June 11, 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 /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
Open Water
0
0.49 acre
Stream
0
0
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. 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 interior /exterior slopes of sediment basins.
5. Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1650
6. 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.
7. 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•plabe 'at `th'e-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:// h2b "ehr.state;hc.us /hcwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this, project.
8. A final, written storm water management is. requirecrper condition #12 of the General
Certification. 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.
No changes to the structural storm water practices shall be made without written authorization
from the Division or local delegated authority.
9. No 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. All
construction activities associated with this project shall meet, and /or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual
and shall be conducted so that no violations of state water quality standards, statutes, or rules
occur.
10. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, they shall be removed and the natural grade restored within two
months of the date the Division of Land Resources has released the project.
11. 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.
12. Continuing Compliance. The applicant (Wade Miller, Copper Builders) 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
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,
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality
Len Rindner
CERTIFICATE OF COMPLETION
NCDWR Project No.: 14 -0593 County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to
the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail
Service Center, Raleigh, NC, 27699 -1650. This form may be returned to NCDWR 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 be 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 be 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:
Engineer's Certification
Date:
Partial Final I, , as a duly
registered Professional Engineer in the State of North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction of the project for the Permiee 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 be 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
Registration No.