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HomeMy WebLinkAbout20171155 Ver 1_Approval Letter_20171106Water Resources ~ Environmental Quality Mr. Cisco Garcia Pulte Home Company, LLC 11121 Carmel Commons Blvd. Suite 450 Charlotte, NC 28226 Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Metro South Development Dear Mr. Garcia: ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director 6 November 2017 DWR# 17-1155 Mecklenburg County You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated October 12, 2017 and received by the Division of Water Resources (the Division) on September 12, 2017 and subsequent information on October 31, 2017. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 4092 which can be viewed on our web site at http://Portal.ncdenr.org/web/wa/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 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 300 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) -'=-Nothing Compares'" - State of North Carolina I Environmental Quality 1611 Mail Service Center I Raleigh, North Carolina 2 7699-1 61 1 919-707-9000 3. Approved Impacts: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 15 linear ft. 84 linear ft. Wetland 0 acre 0 acre 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. Please provide documentation showing that water quality from the development will not be impaired. A storm water management plan in lieu of such documentation is acceptable if approved by a delegated or state authority. 15A NCAC 2H .1000 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 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. 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) 10. 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) 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 15A NCAC 02H.0506(b)(3) 12. 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) 13. 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 htto://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 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. Sincerely, e4 W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: David Schaeffer, Army Corps of Engineers, Charlotte, email Greg Antemann, CWS, email DWR 401 & Buffer Permitting Branch file MRO, Land Quality