HomeMy WebLinkAbout20080350 Ver 3_Approval Letter_20170215ROY COOPER
Governor
c
MICHAEL S. REGAN
Secretary
Water Resources S. JAY ZIMMERMAN
Director
ENVIRONMENTAL QUALITY
15 February 2017
DWR# 08-0350V2
Mecklenburg County
Mr, James Wilhour
ELP Mathews, LLC
701 Maiden Choice Lane
Catonsville, MD 21228
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Windsor Run (formerly Erickson Retirement Center)
Dear Mr. Wilhour:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated January 30, 2017,
and received by the Division of Water Resources (the Division) on February 7, 2017. 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
http://Portal.ncdenr.org/web/wo/swp/ws/401. The General Certification allows you to use
Nationwide Permit Number 29/39 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:
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 if 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)]
Stateol'North Carolina I Bwirontrental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Ser vice Center I Raleigh. NC 27699-Ibil
919.70/.9000
3. Approved Impacts:
Type of Impact Amount Approved
Amount Approved
Temporary Impact
Permanent Impact
Stream 35 linear ft.
0 linear ft.
Wetland 0 acre
0.495 acre
0.37 acre (previous)
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 10 -feet in height and within 30 -feet of surface waters shall be
matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. You are required to provide one copy of the approved SMP, including plan details on full-
sized plan sheets, with proof of the Town of Matthew'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 the Town of Matthews or the Division. 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. 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. The wetland boundaries located within the construction area 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
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. 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. 15A NCAC 02H.0506(b)(3)
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)
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh, NC 2 769 9-1611
919.707.9000
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited. 15A NCAC 021-1.0506(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 (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 (919) 431-3100, 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. Sam M. Hayes, 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,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Army Corps of Engineers, Asheville - email
Eric Nagy, EMH & T, enagy0emht.com
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh, NC 27699-1611
919.707.9000