20160046 Ver 1_Approval Letter_20160129

Water Resources
ENVIRONMENTAL QUALITY
January 29, 2016
Mr. Todd Terwilliger
TAC Stafford
2100 Powers Ferry Rd.
Atlanta, GA 30339
PAT MCCRORY
DONALD R. VAN DER VAART
Sec.emry
S. JAY ZIMMERMAN
UG'eur,,
DWR# 16-0046
Iredell County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Stafford S/D
Dear Mr. Terwilliger:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated January 5, 2016, and
received by the Division of Water Resources (the Division) on January 12, 2016. After
reviewing your application, we have determined that this project is covered by Water Quality
General Certification Numbers 3886 & 3890 which can be viewed on our web site at
http://portal.ncdenr.org/web/wq/swp/ws/401. The General Certifications allow you to use
Nationwide Permit Numbers 14 & 29 once they are 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 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 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)
3. 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)
Sum ofNo,th Carolina I Environmental Quality I Wates Resources I Water Quality Regional Operations
Mooresville Regional OficeI610East Cenmr A%enuc, Suite 301 Mooresville, Nonh Carolina2s115
9016631699

4. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream (current)
0
115 linear ft.
Stream (future phases)
0
173 linear ft.
Wetland
0
0.06 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. Two additional baffles (as discussed at site) shall be included in the culvert proposed for
site S1 listed in table and backfilled with excavated stream substrate. For sites S2/S3
separate base flow culverts and storm flow culverts shall be installed (i.e. mickey mouse
concept). Details of these modification shall be submitted to DWR for review prior to
construction.
A final, written storm water management is required per condition #12 of the General
Certification. Before any impacts to streams at the site occur, an approved
stormwater management plan is required by DWR. For future phases, if approved by
a delegated authority, 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). 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.
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)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. Mitigation [15A NCAC 02H .0500(h)) must be provided for the proposed impacts as
specified in the table below. The Division has received notification/acceptance from the
Division of Mitigation Services (DMS) to meet this mitigation requirement. Until DMS
receives and clears your payment, and proof of payment has been provided to this Office,
no impacts specified in this Authorization Certificate shall occur. For accounting purposes,
this Certification authorizes payment to meet the following compensatory mitigation
requirement:
Compensatory Mitigation River and Sub -basin Number
Required
Stream
288 (feet) Yadkin (03040105) 1:1 ratio
Wetlands
0

10. Heavy equipment may be operated within the stream channels however; its usage shall be
minimized to the extent practical. 15A NCAC 02H.0506(b)(3)
11. 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)
12. 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:
(UPS, FedEx, etc.)
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
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 enel ,
fo-2 W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Amanda Jones, WPEG (email)
David Shaeffer, Army Corps of Engineers, Asheville, david.I.shaeffer(ausace.army.mil
Karen Higgins, Wetlands Unit
MRO, Land Quality

16-0046
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, the TAC Stafford, LLC has permission as
outlined below to impact 288 linear feet of stream and 0.06 acre of wetland in order to proceed
with the Stafford development in Iredell County, North Carolina. All activities associated with
these authorized impacts must be conducted with the conditions listed in the attached
certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS)
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
288 linear feet of stream
0.06 acre of wetland
East Waterlynn Rd.
Iredell
Yadkin (03040105)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or
preservation of wetlands as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to
the nearest foot and acreage requirements must be rounded to one-quarter acre increments
according to 15 2r .0503(b).
Mitigation:
288 linear feet total of stream required
Mitioation:
288 linear feet of stream by the DMS required for the 401 Water Quality Certification. In
correspondence dated September 1, 2015, the DMS indicated that up to 300 linear feet of
stream mitigation would be conducted by DMS if available within the cataloging unit. More may
be required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a fee to the DMS per NCAC 2R .0503. If you choose this option, please
sign this form and mail it to the DMS at the address listed below. An invoice for the appropriate
amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF MITIGATION SERVICES
1652 Mail Service Center
Raleigh, NC 27699-1652