20061341 Ver 6_Approval Letter_20141121

ANIFYVA
,74�VA
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
November 21, 2014
John Wieland Homes
Attn: Mr. Andrew McCoy
8]25-DArrovvhdgeBoulevard
Charlotte, NC 28273
John ESkvmda U|
Secretary
DVVR#O5-1341v6
Mecklenburg County
Subject: Approval mf Individual 401 Water Quality Certification with Additional Conditions
Olmsted Subdivision Phase U
USACE Action ID. No. 5A\A/2OU@-03JIG
Dear Mr. McCoy:
Attached hereto isa copy of Certification No. 4OODissued to Mr. Andrew McCoy and John
Wieland Homes, dated November 2l,2Ol4. Please note that you should get any other
federal, state or local permits before proceeding with the subject project, inc|udingthose
required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water
Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles S and 4of General Statute 15O8byfiling a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at or by calling the
OAH Clerk's Office at [phone] for information. A petition is considered Ned 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 between 8:00anm and 5:00pnn, excluding official
state holidays).
The petition may be faxed to the OAHat(9I9)431-31OO. provided the original andonecopyuf
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
401&Buffer PermiffingUnb
1@/ Mail Service Center, Raleigh, North Carolina 27699-1617
Locaiom512N. Salisbury St. Raleigh, Nnu Carolina 27604
Phnw919-8O -6300 \FAX:[phone]\CugumwrQawine:1877623-6748

John Wieland Homes
DVVR#O6-1341v6
Individual Certification #48UO
Page 2 of 8
Mailing address for the OAH:
If sending via U8 Postal Service: If sending via delivery service (UPS, FedD,etc):
Office of Administrative Hearings Office of Administrative Hearings
G7I4 Mail Service Center 1721 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, N[27GO9-6285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1GO1 Mail Service Center
Raleigh, NC276B9-IGOl
Unless such a petition io filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15ANCAC 02H .0500. Contact Alan Johnson at 704-663-1699 or
Or Jennifer Burcl8tte at91S-8O7-6364or if you have any
questions or concerns.
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: Tom Blackwell, Carolina Wetland Services, 55OE Westinghouse 8lvd, Charlotte, N[
28273
USA[E Asheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DVVRW4R(]4Olfile
DVVR4Ol& Buffer Permitting Unit file
Filename: 06134lv6O|mstedSDPhU(K4eck|enburO[_401—ILdocx

John Wieland Homes
DVVR#O6-I34lv6
Individual Certification #4008
Page 3of8
CERTIFICATION #4008 is issued in conformity with the requirements of Section 401, Public Laws
92-5DO and 95-227of the United States and subject hmNorth Carolina's Regulations in15N[AC
O2H.O5OCito Mr. Andrew McCoy and John Wieland Homes, who have authorization for the
impacts listed below, 8s described within your application received by the N.[. Division OfWater
Resources (0vi6iVD) OR September 4,2O14`and by Public Notice issued by the U.S. Army Corps
Of Engineers and received by the Division on October 3,ZO14.
The State of North C8n]UnJ certifies that this activity will not violate the applicable portions of
Sections ]O1,302,3O3,30O,3O7Vf the Public Laws 92-50O and PL95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
Impacts Approved
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. NO other impacts are approved, including
incidental impacts. [15ANCACO2B.0506(b)(c)
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Group 1
Stream K (intermittent)
168 (linear feet)
15 (linear feet)
404/401 Wetlands (DD,
GG and AA)
.2805 (acres)
0.032 (acres)
Group 2
Stream P (perennial)
300 (linear feet)
0 (linear feet)
Group 3
Stream M & 0
296 (linear feet)
0 (linear feet)
Group 4
Stream T (intermitt
(linear feet)
0 (linear feet)
2. CompensatorV Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the NC Ecosystem Enhancement Program (EEP) to meet this
mitigation requirement. Until the EEP receives and clears your payment for the impact group, and
proof of payment has been provided to this Office, nm impacts for the group specified |nthis
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate

John Wieland Homes
DVVR#OG-1341v6
Individual Certification #40O8
Page 4 of 8
authorizes payment to the EEP to meet the following compensatory mitigation requirement [15A
]. Stormwater Management Plan
If any erosion pnJb|ern5 are Observed in the surface waters dOvvn3|Ope of the Stonnvvater
discharge points, then you shall immediately repair and correct the pn}b|8rn and prevent
further damage and sediment discharge tOthe receiving surface waters. Please be 8vvar8
that these repairs may require you to Obtain J 404 Permit from the Corps and a 401
Certification from the Division. [15A NCAC 02H .0506(b)(5))
4. 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 Pre-Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance Of sediment and erosion control Best Management Practices shall bp
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project 8reinCQrpOratgd by reference and are
enforceable parts Of this permit. [I5ANCACOZH.O5O1 and .O5O2]
5. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. |{ applicable, the project rnustconoplyvviththe specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15ANCACO2H .0506(b)(3) and (c)(3)l:
a. Design, installation, operation, and maintenance Of the sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contra [tVr-0vvned or leased borrow pits
associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
Compensatory
Mitigation Required
River & Sub-basin
Number
Schedule
Group 1
Stream
168 (feet)
Yadkin (03040105)
Upon permit issuance
Stream
528 (feet)
Yadkin (03040105)
4 th Quarter 2015
Group 3
Stream
296 (feet)
Yadkin (03040105)
Early 2016
]. Stormwater Management Plan
If any erosion pnJb|ern5 are Observed in the surface waters dOvvn3|Ope of the Stonnvvater
discharge points, then you shall immediately repair and correct the pn}b|8rn and prevent
further damage and sediment discharge tOthe receiving surface waters. Please be 8vvar8
that these repairs may require you to Obtain J 404 Permit from the Corps and a 401
Certification from the Division. [15A NCAC 02H .0506(b)(5))
4. 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 Pre-Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance Of sediment and erosion control Best Management Practices shall bp
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project 8reinCQrpOratgd by reference and are
enforceable parts Of this permit. [I5ANCACOZH.O5O1 and .O5O2]
5. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. |{ applicable, the project rnustconoplyvviththe specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15ANCACO2H .0506(b)(3) and (c)(3)l:
a. Design, installation, operation, and maintenance Of the sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contra [tVr-0vvned or leased borrow pits
associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.

John Wieland Homes
DWR# 06 -1341 v6
Individual Certification #4008
Page 5 of 8
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project. [15A NCAC 02H
.0501 and .0502]
7. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self - monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
LtAll ortal.ncdenr.c -r we�Zw sL -s -w. 15A NCAC 02H .0506(b)(5) and
8. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
9. If concrete is used during the 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 contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life /fish kills. [15A NCAC 02B .0200]

John Wieland Homes
DVVR#O6-1341v5
Individual Certification #4U88
10. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H
Culverts required for this project shaUbeiDSt3lledin5uCh8rn3nnerthadthe original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal pn]h|e\
must bemaintained above and below locations 0f each culvert.
Placement Of culverts and other structures in waters, streams must be below the elevation nf
the3tr88nnbed by one /1\ foot for all culverts with a diameter greater than 48 inches, and 20
percent Of the culvert diameter for culverts having a diameter less than 48 inches, toallow
low flow passage of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed tO adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, O[ other fill projects aneconstructed aCros5FEK4ArdeSignat2d
floodvvaySOr wetlands, openings such a5 culverts Or bridges must be provided 1O 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 must be used where practicable instead of rip rap or other bank hardening
methods.
11. All temporary fill and culverts shall be removed and the impacted area returned honatural
conditions, within 5U days Qfthe determination that the temporary impact i5nolonger
necessary. The impacted areas shall be restored tooriginal grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)]
IZ. All temporary pipps/rVkxerts/rprap pads etc, shall be installed in all streams as outlined inthe
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual SQ@S not tO restrict stream flow O[cause dis-equilibrium. [15ANCA[02H.0506(b)/2\
13. Any ripr8p required for proper culvert placement, stream stabilization' Or restoration of
temporarily disturbed areas shall be restricted tn the area directly impacted b» the approved
construction activity. All riprap shall b£ buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement ofriprap
or other approved materials shall not result in cle-stabilization of the stream bed or banks
upstream or downstream of the area. [15ANCACO2H.0506/bV2>l

John Wieland Homes
DVVR#U6-134lv6
Individual Certification #4OUD
Page 7ofO
14. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, mr stream flows and consist of clean rock or masonry material
free of debris or toxic pollutants. Riprap shall not be installed in the strearnbed except in
specific areas required for velocity control and to ensure integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
15. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15ANCA[0213.0231]
16. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundariesinordertoassure
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 &Buffer Permitting Unit website
at . Th e text of
the sample deed notification may be modified as appropriate to suit to this project.
Documentation of deed notifications shall be provided to the Division upon request. |15A
N CAC O2H.O5O1and.05O2l
17. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
18. Continuing Compliance
Mr. Andrew McCoy and John Wieland Homes shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. [15ANCACO2B.0200] |f 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.
Before modifying the Certification, the Division shall notify Mr. Andrew McCoy and John
Wieland Homes and the U.S. Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A
NCACO2H .0504. Any new orrevised conditions shall be provided to Mr. Andrew McCoy and
John Wieland Homes in writing, shall be provided to the U.S. 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 4O4 Permit for the project.

John Wieland Homes
DVVR#O6-1341x6
Individual Certification #4O08
Page 8 of 8
19. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project areincorporatedhyreference
and are an enforceable part of the Certification. |f you change your project, yournustnotifv
the Division and you may be required to submit a new application package with the
appropriate fee. |f the property is sold, the new owner must be given a copy ofthis
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [1SAN[ACOIH.O501and
2O. The applicant and/or authorized agent shall provide aconnp|eted Certificate ofCompletion
Form to the DVVR 401 & Buffer Permitting Unit within ten days nfproject completion
(available at: \.
21. This certification grants permission to the director, an authorized representative of the
Director, orDENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [I5ANCACO2H.0502(e)]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15ANCACOZH.05O7(d)(3\ and l5AN[A[
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 21st day of November 2014
Karen Higgins, Supervisor
401 & Buffer Permitting Unit