20151170 Ver 1_Approval Letter_20151208

Water Resources
ENVIRONMENTAL QUALITY
Mr. Jonathan McCall
Carolina Development Services
2627 Breckonridge Centre Drive
Monroe, NC 29110
PAT MCCRORY
cm,ensor
DONALD R. VAN DER VAART
Secrelary
S. JAY ZIMMERMAN
Direclor
December 8, 2015
DWR# 15-1170
Union County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Creek's Landing
Dear Mr. McCall:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated November 3, 2015,
and received by the Division of Water Resources (the Division) on November 6, 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 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)]
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regimul Operations
Mooresville Regional Offce1610 East Center Avenue, Suite 3011 Maoraville, North Carolina 28115
704 663 16W

3. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
0 linear ft.
126 linear ft.
Stream relocation
0linear ft.
125 linear ft.
Wetland
0 acre
0 acre
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 final, written storm water management is required per condition #12 of the General
Certification. 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)
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. 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)
9. A final stream design (for the relocated stream section) shall be submitted and
approved by staff prior to any stream impacts at the site.
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)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
1508 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://wvvw.ncoah.com/or by calling the OAH Clerk's Office at [phone].
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 [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
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.
Si cerely,
P619- Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Greg Antemann, CWS (email)
William Elliot, Army Corps of Engineers, Asheville (email)
Karen Higgins, Wetlands Unit
MRO, Land Quality