20141284 Ver 1_Approval Letter_20150203

Pat McCrory
Governor
FWA FiLEI,
ACMENR
North Carolina Department of Environment and Natural Resources
Mr. Rick Heareth
EPCON Communities
8600 Sam Furr Road, Ste. 180
Huntersville, NC 28078
Donald van der Vaart
Secretary
February 3, 2015
DWR# 14-1.2481-zVq
Union County
Subject: APPROVAL of 401 Water Quality Certification and Goose Creek Buffer
Authorization with Additional Conditions, Courtyards at Emerald Lake
Dear Mr. Heareth:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated December 11,
2014, and subsequent information received on January 26, 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
hftp://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 be 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)]
Mooresville Regional office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone. [phone] Internet. www.ncdenr.gov
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3. A final, approved, written storm water management is required per condition #12 of
the General Certification (High Density Projects) prior to any impacts. Before any
permanent building is occupied at the subject site, the storm water management
plan shall be implemented and the facilities shall be constructed and operational.
No changes to the structural storm water practices shall be made without written
authorization from the Division.
4. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream relocation
0 linear ft.
85 linear ft.
Wetland
0.03 acre.
0.052 acre
Goose Creek Buffer
sewer
35,143 sq. ft.
49,944 sq. ft.
Goose Creek Buffer trail
0
2,205 sq. ft.
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. A final, written storm water management is required per condition #12 of the
General Certification (3890). Before any permanent building is occupied at the
subject site, the storm water management plan shall be implemented and the
facilities shall be constructed and operational. No changes to the structural storm
water practices shall be made without written authorization from the Division or local
delegated authority.
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. Mitigation [15A NCAC 02H .0609(c)] must be provided for the proposed impacts as
specified in the table below. The Division has received an acceptance later from the
Ecosystem Enhancement Program (EEP) to meet this requirement. Until the EEP
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 Authorization/Certificate authorizes payment to meet the
following compensatory mitigation requirement:
Compensatory Mitigation
River and Sub -basin
Required
Number
Goose Creek
4, sq. ft.
Yadkin (03050105)
Buffer
92
(14, 922 sq . ft.)
Goose Creek Watershed
sewer easement
X 3 (multiplier)

10. 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)
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 use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -
rap placed for stream stabilization shall be placed in stream channels in such a
manner that it does not impede aquatic life passage. 15A NCAC 02H.0506(b)(2)
13. 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)
14. Heavy equipment shall be operated from the banks rather than in the stream
channel in order to minimize sedimentation and reduce the introduction of other
pollutants into the stream.
15.AII 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)
16. 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)
17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than
3:1, unless otherwise authorized by this certification. 15A NCAC 02H.0506(b)(2)
18. The outside buffer, wetland or water boundary located within the construction corridor
approved by this authorization shall be clearly marked by highly visible fencing prior
to any land disturbing activities. Impacts to areas within the fencing are prohibited
unless otherwise authorized by this certification. 15A NCAC 02H.0501 and .0502
19.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)
20. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 and Buffer Permitting Unit within ten days of project completion. (see
attached). [15A NCAC 02H.0507 (c) and 15A NCAC 02B.0243(8)]

This Certification and Buffer Authorization 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 authorization) 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 DENR as follows:
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
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,
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
EEP
Greg Antemann, CWS
MRO, Land Quality