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Home My WebLink About20150070 Ver 1_Approval Letter_20150219�� J NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr Mark Sergent Mentage Homes of the Carolinas 11605 N Community House Rd. Charlotte, NC 28277 Donald van der Vaart Secretary February 19, 2015 DWR# 15 -0070 Union County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Willowcroft Development Dear Mr Sergent: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated January 14, 2015, and subsequent Information received by the Division of Water Resources (the Division) on February 19, 2015. After reviewing your application, we have determined that this protect Is covered by Water Quality General Certification Numbers 3883 and 3890 which can be viewed on our web site at http Hportal.ncdenr orq/web /wq /swp /ws /401. The General Certification allows you to use Nationwide Permit Numbers 3 and 29 once they are 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 Certifications will expire when the associated 404 permits expire unless otherwise specified in the General Certifications It is advised that all conditions of the Certifications are reviewed prior to Initiation of the protect In addition to the requirements of the Certification, you must also comply with the following conditions: 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 and 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)] 3 Approved Impacts Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream relocation 0 linear ft. 110 linear ft. Wetland 0 acre 0.13 acre Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155 Phone 704 - 663- 16991Intemet.www.nodenrgov An Equal OppgWmq 1 Aipm aWe Action Engloyw - Made in pan by mycled paper DWR# 15 -0070 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 storm water management is required per condition No. 12 of the General Certification Prior to any stream/wetland impacts the storm water management plan shall be approved by the Division 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 7. 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) 8. 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) 9 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) 10. 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) 11. 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) 12 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this Certification. 15A NCAC 02H.0506(b)(3) 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 15A NCAC 02H 0506(b)(3) 14 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) 15. The permittee shall report any violations of this Certification to the Division of Water Resources within 24 hours of discovery. 15A NCAC 02H .0507(c) 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 htto: / /www ncoah.com /or by calling the OAH Clerk's Office at (919) 431 -3000. DWR# 15 -0070 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 sernce (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. Sam M. Hayes, 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 incerely, Michael L Parker, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DENR Attachments cc Army Corps of Engineers, Asheville Karen Higgins, Wetlands Unit Len Rindner MRO, Land Quality