20150045 Ver 1_Approval Letter_20150129

ATM
DENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Andy Rathke
Walton Development & Mgt, Inc
11535 Carmel Commons Blvd., Ste 102
Charlotte, NC 28226
Donald van der Vaart
Secretary
January 29, 2015
DWR# 15 -0045
Union County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Sanctuary at Southgate
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 January 8,
2015, and received by the Division of Water Resources (the Division) on January 13, 2015.
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 protect, 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. It is advised that all conditions of
the Certification are reviewed prior to Initiation of the project In addition to the
requirements of the Certification, you must also comply with the following conditions-
1. 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 15A NCAC 02H .0506
(b),15A NCAC 02H 0507(c)
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone. [phone] Internet. www.ncdenr gov
An Equal opportunity I Affamabve Action Employer - Made n pan by recycled paper

3. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream relocation
0 linear ft
0 linear ft.
Wetland
0 acre.
0.167 acre
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 15A NCAC
02H .0506 (b)(3) and (c)(3) .
5. Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall
be matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. A final, written stormwater management plan (SMP) is required per condition No. 12
of the General Certification. 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 (1617 Mail Service Center, Raleigh, NC 27699 -1617) 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 delegate authority or DWR 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 15A NCAC 02H
.0506(b)(5)
7. Hydrology of the remaining wetlands on site shall be maintained. 15A NCAC 02H
.0506 (b).
8. Mitigation must be provided (per the Army Corps of Engineers) 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, and proof of
payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to the EEP to meet the following compensatory mitigation
requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation
Required.
River and Sub -basin
Number
Stream
0 feet
Wetlands (COE)
0 21 acres
Yadkin 03040105 1 1 ratio

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. 15A NCAC 02H
.0506(b)(5)
10 Heavy equipment may be operated within the stream channels however, its usage
shall be minimized to the extent practical. 15A NCAC 02H.0506(b)(3)
11. During the construction of the project, no staging of equipment of any kind is
permitted in waters of the U S , or protected riparian buffers. 15A NCAC 02H
.0506(b)(3)
12. No drill slurry or water that has been in contact with uncured concrete shall be
allowed to enter surface waters This water shall be captured, treated, and disposed
of properly. Water that inadvertently contacts uncured concrete shall not be
discharged to surface waters due to the potential for elevated pH and possible
aquatic life and fish kills. 15A NCAC 02H .0506(b)(3)
13. The Permittee shall ensure that the final design drawings adhere to the permit and
to the permit drawings submitted for approval 15A NCAC 02H .0507 (c) and 15A
NCAC 02H 0506 (b)(2) and (c)(2)
14. Heavy equipment shall be operated from the banks rather than in the stream channel
in order to minimize sedimentation and reduce the introduction of other pollutants into
the stream 15A NCAC 02H.0506(b)(3)
15. All mechanized equipment operated near surface waters must be regularly inspected
and maintained to prevent contamination of stream waters from fuels, lubricants,
hydraulic fluids, or other toxic materials. 15A NCAC 02H.0506(b)(3)
16. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than
3:1, unless otherwise authorized by this certification. 15A NCAC 02H.0506(b)(2)
17. The outside buffer, wetland or water boundary located within the construction corridor
approved by this authorization shall be clearly marked by highly visible fencing prior
to any land disturbing activities. Impacts to areas within the fencing are prohibited
unless otherwise authorized by this certification. 15A NCAC 02H.0501 and 0502
This Certification can be contested as provided in Articles 3 and 4 of the General
Statute 1506 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 Mad Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, Fed Ex, 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. 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,
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Len Rindner,
MRO, Land Quality