20151321 Ver 1_Approval Letter_20160115

Water Resources
ENVIRONMENTAL OVALITY
Mr. Timothy Coey
The Bayard Group
11220 Elm Lane, #205B
Charlotte, NC 28277
FILES AT
MCCRORY
Goventor
DONALD R. VAN DER VAART
secretary
S. JAY ZIMMERMAN
Dll'eam
January 15, 2016
DWR# 15-1321
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Walden Subdivision, Ph. 1/13h. 2
Dear Mr. Coey:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated December 22, 2015,
and received by the Division of Water Resources (the Division) on December 28, 2015. After
reviewing your application, we have determined that this project is covered by Water Quality
General Certification Numbers 3890 & 3886 which can be viewed on our web site at
http://i)ortal.nedenr.ora/web/wo/swD/ws/401. The General Certifications allow you to use
Nationwide Permit Numbers 29 & 14 once they are 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 Certifications will expire when the associated 404 permits expire
unless otherwise specified in the General Certifications. 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 cumulative impacts
associated with this project to wetland (now or in the future) exceed one acre, and/or
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. Approved Impacts:
Type of Impact
Amount Approved
Amount Approved
Temporary Impact
Permanent Impact
Stream
40 linear ft.
215 linearft.
(125 If perennial)
Wetland
0.17 acre
0.06 acre
Stare ofNod Cuolina I Environmental Quality I Water Resources I Watea QuelityRegioral Opemliom
Mooresville Regional Off¢al610 Pen Carlo, Avenue, Suite 3011 Mooresville, Nod Carolina 28115
704 663 16W

3. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
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 15 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. You are required to provide one copy of the approved SMP, including plan
details on full-sized plan sheets, with proof of approval from the delegated program. 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 delegated program. 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. Prior to land disturbing activities associated with future phases, an approved copy of the
aforementioned SMP for those phase, must be submitted to 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. 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
10. 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)
11. 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)
12. 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)
13. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification. 15A NCAC 02H.0506(b)(3)
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited. 15A NCAC 02H.0506(b)(3)
15. 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 [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,_
q sr W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: William Elliot, Army Corps of Engineers, Asheville (email)
Amanda Jones, WPEG (email)
Karen Higgins, Wetlands Unit
MRO, Land Quality