20140949 Ver 2_Approval Letter_20170814

Water Resources
ENVIRONMENTAL QUALITY
Mr. Michael Foess
Dependable Dvelopment, Inc.
2649 Brekonridge Centre
Monroe, NC 28110
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
14 August 2017
DWR# 14-0949V2
Cabarrus County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Saddlebrook Development (NOV)
Dear Mr. Foess:
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, 2017 and
received by the Division of Water Resources (the Division) on June 30, 2017 and subsequent
information on August 8, 2017. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 4092 which can be viewed or
our web site at http://portal.ncdenr.org/web/wq/swp/ws/401. The General Certification allows
you to use Nationwide Permit 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. Approved Impacts:
Type of Impact Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream 0 linear ft.
0 linear ft.
Wetland 0.063 acre
0.498 acre
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512 N. Salisbury Street 1 1611 Mail Service Center I Raleigh, NC 27699-1611
919.707.9000

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. The stormwater bypass shall be constructed to mimic existing hydraulic conditions as
related to wetland W3. The outfall shall be placed to discharge into the down stream
drainage feature.
6. Wetland W3 shall be restored and monitored for two (2) years (growing seasons) upon
completion of the restoration to ensure that the existing vegetation and new planting
survive and thrive. Failure to thrive (vegetation) may require further action and monitoring.
The proposed restoration plan shall be submitted for review, as well as "as built" report
and subsequent monitoring reports to the Mooresville Regional Office.
7. Sediment and erosion control measures shall not be placed in wetlands or waters unless
otherwise approved by this Certification. 15A NCAC 02H.0506(b)(3) and (c)(3)
8. 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)
9. 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 [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:
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. William F. Lane, 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.
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raletgh, NC 27699-1611
919.707.9000

Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Jason Randolph, Army Corps of Engineers, Charlotte, email
Greg Antemanne, CWS, email
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 2 769 9-1611
919.707.9000

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
1, , 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:
1, , 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:
1, 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.
State of Not Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 1 1611 Mail Service Center I Raleigh. NC 2 769 9-1611
919.707.9000