20150996 Ver 1_Approval Letter_20151006

North Carolina Department of Environmental Quality
Pat McCrory
Governor
Mr. Michael Tubridy
Crescent Communities
227 West Trade St., Ste. 1000
Charlotte, NC 28202
Donald van der Vaart
Secretary
October 6, 2015
DWR# 15 -0996
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Star City Tract
Dear Mr. Tubridy:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated September 21,
2015 and received by the Division of Water Resources (the Division) on September 25,
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): / /r)ortal.ncdenr.ora /web /wa /swr)/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. Be advised that the project is located in the Six Mile Creek Watershed and may be
subject to the Goose Creek Buffer Rules via Phase II Stormwater. This should be
clarified with the City of Charlotte Stormwater Permitting group.
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

4. Approved Impacts:
Type of Impact
Stream relocation
Wetland
Amount Approved
Temporary Impact
0 linear ft.
0 acre
DWR# 15 -0996
Amount Approved
Permanent Impact
0 linear ft.
0.16 acre
5. 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)
6. 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)
7. You are required to provide one copy of Charlotte's 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 Charlotte 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.
8. 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)
9. 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.
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
DWR# 15 -0996
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 DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
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,
r '
C-v- Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Greg Antemann, CWS, (email)