20230208_Barneswood Village_3-28-23

DocuSign Envelope ID: AD5E5A00-52F6-4FB7-B7FB-81AEBE5E27DE
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
March 28, 2023
Mecklenburg County
NCDWR Project No. 20230208
Barneswood Village
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Perry Isner
Wetlands and Waters, Inc
328 East Broad Street, Suite D
Statesville, NC 28677
Dear Mr. Isner:
You have our approval, in accordance with the conditions listed below, for the following impacts regarding the culvert
installation and road crossings proposed for the Barneswood Village located northwest of Choyce Avenue in
Mecklenburg County.
Stream Impacts in the Catawba 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)
S 1- Culvert
112
112
112
S1.A- Stabilization (rip -rap)
36
36
S2- Culvert
77
77
77
S2.A- Stabilization (rip -rap)
36
36
S3- Culvert
69
69
69
S3.A- Stabilization (rip -rap)
40
40
S4- Culvert
58
58
58
S4.A- Stabilization (rip -rap)
25
25
Totals
453
453
316
Total Stream Impacts: 453 linear feet.
The project shall be constructed in accordance with your application dated February 3, 2023. After reviewing your
application, we have decided that these impacts are covered by Water Quality Certification Number 4246 and 4256.
This certification corresponds to Nationwide Permit 14 and 29 issued by the Corps of Engineers. 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

DocuSign Envelope ID: AD5E5A00-52F6-4FB7-B7FB-81AEBE5E27DE
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
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 Certification 4246 and 4256, and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
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.
[I 5A 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. 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)].
7. 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)]
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 02B. 0203]
E Q�� 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
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000

DocuSign Envelope ID: AD5E5A00-52F6-4FB7-B7FB-81AEBE5E27DE
Compensatory mitigation for impacts to 316 linear feet of streams is required in the Catawba River Basin (HUC
03050103). We understand that you have chosen to perform compensatory mitigation for impacts to streams
through the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP), and that the DMS has
agreed to implement the mitigation for the project. DMS has indicated in two separate letters dated August 18,
2021, that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation
requirements for the above -referenced project, in accordance with DMS's Mitigation Banking Instrument signed
July 28, 2010.
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: [phone], Facsimile: [phone]
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 [e-mail].
S/nl��ocu-Sigtf�d by:
0 �.(.I.PYY1.:.1�.
8�3gg.;. Dlrector
Division of Water Resources
Electronic copy only distribution:
Richard M. Gee, GVest Capital, LLC
Bryan -Roden Reynolds, US Army Corps of Engineers, Charlotte Field Office
Monte Matthews, USACE
DWR 401 & Buffer Permitting Branch File, LF
MRO Land Quality
E Q�� 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
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000