HomeMy WebLinkAbout20041466 Ver 2_Approval Letter_20150709J
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Alec Rickenbaker
Peachtree Residential, LLC
7380 McGinnis Ferry Rd.
Suwanee, GA 30024
Donald van der Vaart
Secretary
July 9, 2015
DWR# 04- 1466V2
Iredell County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Chesapeake Point Development
Dear Mr. Rickenbaker:
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated June 29, 2015, and received by
the Division of Water Resources (the Division) on June 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 httr):Hr)ortal.nedenr.orq /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 02B
.0243(8), 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)]
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone. 704 - 663 -1699\ Internet. www ncdenr gov
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper
3. Approved Impacts:
Type of Impact
Stream relocation
Wetland
Amount Approved
Temporary Impact
0 linear ft.
0 acre
DWR# 04 -1466
Amount Approved
Permanent Impact
75 linear ft.
0.02 acre
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. You are required to provide one copy of the approved SMP, including plan details on full -sized
plan sheets, with proof of approval. The approved SMP shall be submitted to the DWR 401 &
Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) before any
impacts authorized in this Certification occur. After it is approved and submitted to the
Division, the SMP may not be modified without prior written authorization from the town of
Mooresville and /or DWR. If the SMP is modified in the future, then you shall provide one
modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the
commencement of the modifications.
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. 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)
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.
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).
DWR# 04 -1466
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,
G
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DENR
Attachments
cc: Joe Lawler, S &ME, (email)
Tash Alexander, Army Corps of Engineers, Asheville (email)
Karen Higgins, Wetlands Unit
MRO, Land Quality
JUL 1 5 2015
DENR - UVA1 � , 't��jU C E S
401 & BIJF6-F'P PERMITTING
CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
DWR# 04 -1466
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
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:
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: Date:
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 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 Registration No.
Date
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