20160589 Ver 1_Approval Letter_20160729

PAT MCCRORY
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DONALD R. VAN DER VAART
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Se,retail.
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
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July 29, 2016
DWR# 16-0589
Cabarrus County
Ms. Stephanie Adreoni
Nolim Group SA, Inc.
1499 West Palmetto Park Rd., #204
Boca Raton, FA 33486
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Class A Spec Building IBP Lots 7 & 8
Dear Ms. Adreoni:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated June 7, 2016, and
received by the Division of Water Resources (the Division) on June 10, 2016 and subsequent
information received on July 28, 2016. 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 https://deq.nc.gov/about/divisions/water-resources/water-resources-
permits/wastewater-branch/401-wetlands-buffer-permits/401-general-certifications. The
General Certification allows you to use Nationwide Permit Number 39 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:
1. 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. Due to the potential secondary and cumulative impacts of the project from the buildout of
the watershed that supplies the ground water discharge to the stream, monitoring shall
be required of the remaining section of the perennial channel on site. Upon built
out/completion of the project, an inspection of the stream shall be conducted at least
State of North Carolina I Environmental Quality I Water Resources Water Quality Regional Operations
Mooresville Regional OfTicel 610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28113
704 663 1699

once a quarter to determine stream viability and information provided to DWR. This
shall not occur within 48 hours of a rain event or while the stormwater BMP is draining.
Further mitigation may be required. 15A NCAC 02H .0507 (b) & (c)
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. Approved Impacts:
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream 0 linear ft. 419 linear ft.
(47 If perennial)
Wetland 0 acre 0.073 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. 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. You are required to provide one copy of the approved SMP, including plan details on full-
sized plan sheets, with proof of Concord's approval. 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 Concord. 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)
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 the 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 419 (feet)/COE Yadkin (03040105)
Wetlands 0 (acres) 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)
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: If sending via delivery service(UPS,FedEx,etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699-6714 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.
AiScerely
Vin,II \
`
F- W. Corey Basinger, Re`l Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: David Schaeffer, Army Corps of Engineers, Asheville (email)
Larry Thompson, Thompson Env. Consulting (tarry©thompsonenv.com)
Karen Higgins, Wetlands Unit
MRO, Land Quality