HomeMy WebLinkAbout20150197 Ver 1_Approval Letter_20150313AMA
NCDENR
North Carolina Department of Environment and Natural
Pat McCrory
Governor
Mr Eric Smith
Pace Development Group
6719 -C Fairview Road
Charlotte, NC 28210
Resources
Donald van der Vaart
Secretary
March 13, 2015
DWR# 15 -0197
Union County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Oak Grove Estates
Dear Mr Smith:
You have our approval, in accordance with the general certification and those conditions
listed below, for the purpose proposed in your application dated February 12, 2015 and received
by the Division of Water Resources (the Division) on February 18, 2015. After reviewing your
application, we have determined that this protect is covered by Water Quality General Certification
Number 3890 which can be viewed on our web site at http. / /portal.ncdenr.org /web /wo /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. 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
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
125 linear ft.
0 linear ft.
Wetland
0 acre
0 05 acre
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone, 704 -663 -16W Internet. www nodenr gov
M Equal OppaWmry 1 ARumahve Action Employer - Made m pM by recycled paper
DWR# 15 -00197
4. Diversion Ditches and other stormwater 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 is required per condition #12 of the General
Certification. Before any permanent building is occupied at the subject site, the stormwater
management plan shall be implemented and the facilities shall be constructed and
operational No changes to the structural stormwater practices shall be made without
written authorization from the Division or local delegated authority
7. Use of native vegetation and other soft stream bank stabilization techniques is recommended
where practicable instead of riprap or other bank hardening methods If riprap is necessary, it
shall not be placed in the streambed, unless approved by DWR.
8. 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)]
9. 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)]
10. 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)]
11. 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)]
12. 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)]
13. 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)]
14 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited. [15A NCAC 02H 0506(b)(3)]
15 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)]
16. The perrnittee 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
http: //www.ncoah.com / or by calling the OAH Clerk's Office at (919) 431 -3000.
DWR# 15 -00197
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 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (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.
Sincerely,
cza- 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
MAR 1 7 2015
CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
DWR# 15 -00197
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center,
Raleigh, NC, 27699 -1650. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
1, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
I, as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project for the Permttee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature Registration No.
Date