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Home My WebLink About20201348 Ver 2_Approval Letter_20230215DocuSign Envelope ID: C83F6BBA-6F4E-4E36-8BFE-6BCAO2EE05B5 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality February 14, 2023 Iredell County NCDWR Project No. 20201348. V2 Villages at Coddle Creek, Phase 3 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. David Hughes Nest Communities 236 Raceway Drive, #7 Mooresville, NC 28117 Dear Mr. Hughes: You have our approval, in accordance with the conditions listed below, for the following impacts regarding the culvert installation and road crossing proposed for the Villages at Coddle Creek, Phase 3, located in Morrisville, Iredell County. Stream Impacts in the Yadkin -Pee Dee River Basin Site Perm. Fill in Perennial Stream (linear ft) Temp. Fill in Perennial Stream (linear ft) Total Stream Impact (linear ft) Stream Impacts Requiring Mitigation (linear ft) Si- Road Crossing (culvert) 120 120 S2- Stabilization (rip -rap) 10 10 S3- Dewatering 20 20 Totals 130 20 150 Total Stream Impacts: 150 linear feet. The project shall be constructed in accordance with your application, Version 2 dated January 5, 2023. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4139. This certification corresponds to General Permit 29 issued by the Corps of Engineers. A 401 Water Quality Certification (DWR# 20-1348) was previously issued on January 12, 2021 regarding the Phase 1 and Phase 2 portions of the project which are under construction. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)]. The permittee shall report to DWR any noncompliance with, or any violation of, stream or wetland standards [15A NCAC 02B.0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying DocuSign Envelope ID: C83F6BBA-6F4E-4E36-8BFE-6BCAO2EE05B5 with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to perennial streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the General Certification 4139, and any additional conditions listed below. Condition(s) of Certification: Project Specific Conditions 1. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams, shall be placed below the elevation of the streambed by one 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, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]. 2. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)] 3. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. [15A NCAC 02H.0506(b)(2)] 4. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)] 5. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)] 6. Phase 3 proposes the use of a bottomless culvert, regardless, the entire project is subject to the aforementioned water quality certification and the conditions therein. The bottomless culvert shall be constructed to ensure the integrity of the stream channel is maintained (pattern, dimension, and profile) following completion of the structure. If any additional impacts are proposed in the future written approval is required. [ 15A NCAC 02H . 0500]. 7. 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)]. 8. 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)(1) and 15A NCAC 02H. 502 (c)] 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 02B. 0203] North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 NORTH CAROLINA Depedment of Environmental Dual DocuSign Envelope ID: C83F6BBA-6F4E-4E36-8BFE-6BCAO2EE05B5 If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Ryan Conchilla at ryan.conchilla@,ncdenr.gov. Electronic copy only distribution: Krysta Stygar, US Army Corps of Engineers, Charlotte Field Office Alissa Harjuniemi, CWS DWR 401 & Buffer Permitting Branch File, LF MRO, Land Quality Sincerely, ^DocuSigned by: 9C9886312DCD474... Richard E. Rogers, Director Division of Water Resources North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 NORTH CAROLINA Depedment of Environmental Dual