20160689 Ver 1_Approval Letter_20160722

Water Resources
ENVIRONMEN rAL QUALITY
Mr. Shawn Santee
Avanti Properties Group, Inc.
11435 Carmel Commons Blvd.
PAT MCCRORY
r,n.-ernnr
DONALD R. VAN DER VAART
S" mlary
S. JAY ZIMME,RMAN
22 July 2016
DWR# 16-0689
Cabarrus County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Grantham S/D, Ph. I-V
Dear Mr. Santee:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated June 29,
2016 and received by the Division of Water Resources (the Division) on July 13, 2016.
After reviewing your application, we have determined that this project is covered by
Water Quality General Certification Number 3886 & 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 14 & 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)
3. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters
Slate rMoM Carolim I Environmental Quality I Water Resources I Water Quality Reganal Operations
Mooresville Regional Of ael 610 East Center Avenue, Suite 3011 Mooresville, NOM Carolina 23115
7N 663 1699

shall be matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
4. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
0 linear ft.
275 linear ft.
Wetland
0.01 acre
0.2 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. You are required to provide a digital copy of the approved stormwater
management plan (SMP), including plan details on full-sized plan sheets, with
proof of the City of Concord's approval. The approved SMP shall be submitted to
Cory Larsen, PE of the DWR 401 and Buffer Permitting Branch
([e-mail]) before any impacts authorized in this certification
occur. After it is approved, the SMP may not be modified without prior written
authorization from the City of Concord. If modified, a digital copy of the approval
letter and modified SMP shall again be submitted to the DWR 401 & Buffer
Permitting Branch (at the email address above) prior commencement of the
modifications. [15A NCAC 02H .0506(b)(5)]
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. 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
Required
River and Sub -basin
Number
Stream
276 (feet)
Yadkin (030401005)
Wetlands
0 (acres)

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. 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.
13.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)
14. 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)
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 1506 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 (919) 431-
3000.
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.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Rich Mogensen, Mogensen Mitigation, (email)
David Schaeffer, Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality

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 Avanti Properties Group, Inc. has
permission as outlined below to impact 276 linear feet of stream and 0.22 acre of wetland in
order to proceed with the Grantham Subdivision project in Cabarrus 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:
275.2 linear feet of stream
0.22 acre of wetland
8235 Appaloosa Lane
Cabarrus
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:
276 linear feet total of stream required
Mitigation:
276 linear feet of stream by the DMS required for the 401 Water Quality Certification. In
correspondence dated June 28, 2016 the DMS indicated that up to 2764 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 Ecosystem Enhancement Fund 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
DIVISION OF MITIGATION SERVICES
ENVIRONMENTAL QUALITY
1652 Mail Service Center
RALEIGH, N.C. 27669-1652

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature Registration No.
Date