20011617 Ver 2_Approval Letter_20141007

VA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Andy Rathke
WB Village, LP
10735 David Taylor Dr., Suite 150
Charlotte, NC 28262
John E: Skvarla, III
Secretary
October 7, 2014
DWR# 01- 1617V2
Union County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Bonterra Village Project
Dear Mr. Rathke:
You have our approval, in accordance with the general certification and those
conditions listed below, for the purpose proposed in your application dated September 9,
2014 and received by the Division of Water Resources (the Division) on September 23,
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.ora /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:
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
Wetlands
0.42 acre
0
Stream
0
100 linear ft.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: 919 - 807 -63001 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

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. Culverts placed in streams /wetlands shall be installed "in the dry". Immediately upon
completion of the installation, water flow shall be returned to its natural course.
Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained (or restored via constructed benches) above
and below locations of each culvert. If any of the existing pipes are or become
perched, the appropriate stream grade shall be re- established or, if the pipes installed
in a perched manner, the pipes shall be removed and re- installed correctly.
5. Should cumulative stream impacts be equal to or greater than 150 linear feet,
mitigation for those impacts may be required and the Division must be notified.
6. 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.
7. Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be
matted.
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 shalt not be placed in the streambed, unless approved by DWR.
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. 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 place at the 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: / /h2o.enr.state.nc.us /ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.

11. You are required to provide one copy of the approved SMP, including plan details on
full -sized plan sheets, with proof of the Town of Indian Trail's approval. 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 Town of Indian Trail or the Division of Water
Resources. 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.
12. 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.
13. 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.
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.
15. Continuing Compliance. The applicant (WB Village LP, Andy Rathke) 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:
(UPS, FedEx, etc.)
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
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. John Evans, 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