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Home My WebLink About20140949 Ver 1_Approval Letter_20150515A4*-A" NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Scott Twiddy 2649 Breckonridge Center Dr. Monroe, NC 28110 Donald van der Vaart Secretary May 15, 2015 DWR# 14 -0949 Cabarrus County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Saddlebrook Development Dear Mr. Twiddy: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your original application dated August 21, 2014, and subsequent additional information submitted on April 30, 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 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 0 linear ft. 0 linear ft. Wetland 0 acre. 0.487 acre Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155 Phone: 704 - 663 -1699\ Internet: www.nodenr.gov An Equal Opportunely \ Affirmative Acton Employer — Made in part by recycled paper A4*-A" NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Scott Twiddy 2649 Breckonridge Center Dr. Monroe, NC 28110 Donald van der Vaart Secretary May 15, 2015 DWR# 14 -0949 Cabarrus County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Saddlebrook Development Dear Mr. Twiddy: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your original application dated August 21, 2014, and subsequent additional information submitted on April 30, 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 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 0 linear ft. 0 linear ft. Wetland 0 acre. 0.487 acre Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155 Phone: 704 - 663 -1699\ Internet: www.nodenr.gov An Equal Opportunely \ Affirmative Acton Employer — Made in part by recycled paper DWR# 14 -0949 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. The SMP approved by the Division of Energy, Mining and Land Resources under the state stormwater program meets the requirements of the 401 Certification Program. [15A NCAC 02H .0506(b)(5)]. 7. Mitigation [15A NCAC 02H .0500(h)] must be provided for the proposed impacts as specified in the table below. The Division has received notification /acceptance from the City of Charlotte Umbrella Stream and Wetland Mitigation Bank to meet this mitigation requirement. Until the City of Charlotte 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 Certification authorizes payment to meet the following compensatory mitigation requirement: 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. 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. 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 http: / /www.ncoah.com /or by calling the OAH Clerk's Office at (919) 431-3000.. Compensatory Mitigation Required River and Sub -basin Number Stream 0 (feet) Wetlands (corps) 0.487 (acres) Yadkin, 03040105 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. 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. 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 http: / /www.ncoah.com /or by calling the OAH Clerk's Office at (919) 431-3000.. DWR# 14 -0949 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, 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 MRO, Land Quality Greg Antemann, CWS, email CERTIFICATE OF COMPLETION NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: DWR# 14 -0949 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: 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: Engineer's Certification Partial Final Date: 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 Permittee 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 Date Registration No.