20151216 Ver 1_Approval Letter_20160104

Water Resources
ENVIRONMENTAL QUALITY
January 4, 2016
Mr. Tom Kutz
Meritage Homes
11605 North Community House Rd. Suite 250
Charlotte, INC 28277
PAT MCCRORY
caren,ar
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
DWR# 15-1216
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification and Isolated Wetlands General
Permit with Additional Conditions, Cabrie Residential Development
Dear Mr. Kutz:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated November 20, 2015,
and received by the Division of Water Resources (the Division) on November 23, 2015.
Subsequent information was submitted and received on December 15, 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). In addition, these impacts are covered by the attached Isolated and Other Non -404
Jurisdictional Wetlands and Waters General Permit. 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. The Isolated Wetlands General Permit shall
expire on March 18, 2017. It is advised that all conditions of the Certification and General
Permit are reviewed prior to initiation of the project. In addition to the requirements of the
Certification/Permit, 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 total wetland fills for this
project (now or in the future) exceed one acre, or of total impacts to streams (now or in
the future) exceed 150 linear feet, compensatory mitigation may be required. 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
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)]
Slate of Non Carolina I Environmental Quality I Water Resources [Water Quality Regional Operatioro
Mo ,aville Regior 1 Oflicel 610 Fut Center Avenue, Suite 3011 Mooresville, North Caroli. 38115
704 663 16W

3. Approved Impacts:
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Wetland (404) 0 acre 0.04 acre
Wetland (isolated) 0.33 acre 0 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. A storm water management plan is required. You are required to provide one copy of
the approved SMP, including plan details on full-sized plan sheets, with proof of
Mecklenburg County's 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
Mecklenburg County. 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. 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)
8. 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
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. 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 (General Permit and/or Buffer Rules are) 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
[phone].
Within sixty (60) calendar days (30 days for buffer/isolated) 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 [phone], 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
One (1) copy of the petition must also be served to DEQ:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
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.
Fs,r— W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Amanda Jones, WPEG (email)
William Elliot, Army Corps of Engineers, Asheville (email)
Karen Higgins, Wetlands Unit
MRO, Land Quality