20160411 Ver 2_Approval Letter_20180122

State of North Carolina | Environmental Quality | Water Resources | Water Quality Regional Operations
Mooresville Regional Office| 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
ROY COOPER
Governor
704 663 1699

9 January 2017
DWR# 16-0411V2
Mecklenburg County

Mr. David Hughes
DR Horton, Inc.
8001 Arrowridge Rd.
Charlotte, NC 28273

Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Austin Corners Project

Dear Mr. Hughes:

You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated November 22, 2016
and received by the Division of Water Resources (the Division) on November 11, 2016, with
additional information received on December 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
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:

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. 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 Amount Approved

Temporary Impact Permanent Impact
Stream 93 linear ft. 245 linear ft.
Wetland 0.19 acre 0.073 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. A final, written storm water management is required per condition #12 of the General
Certification. Before any permanent building is occupied at the subject site, the storm
water management plan shall be implemented and the facilities shall be constructed and
operational. No changes to the structural storm water practices shall be made without
written authorization from the Division or local delegated authority.

7. You are required to provide one copy of the approved SMP, including plan details on full-
sized plan sheets, with proof of City 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 City of 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. 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. 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 River and Sub-basin Number
Required
Stream Catawba (03040105)
245 (feet)
1:1 ratio
Wetlands 0 (acres)

11. 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)

12. Mitigation Credit: Approval of the restoration plan and issuance of the 401 Water Quality
Certification means that DWR has determined that the proposed activity will not remove

or degrade significant existing uses of the surface water . The issuance does not
represent an approval of credit yield for the project. (15A NCAC 2H .0506(a))

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. 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 [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.

Sincerely,

W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ

Attachments

cc: Greg Antemann, CWS, email
Army Corps of Engineers, Asheville - email
DWR 401 & Buffer Permitting Branch file

16-0411V2
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, DR Horton Inc. has permission as outlined
below to impact 283 linear feet of stream and 0.263 acre of wetland in order to proceed with the
development 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: East of Barr Rd.
COUNTY: Cabarrus
BASIN/SUBBASIN Yadkin (03040105)

Impacts:
283 linear feet of stream
0.263 acre, wetland

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:
245 linear feet total of stream required

Mitigation:
245 linear feet of stream by the DMS required for the 401 Water Quality Certification. In
correspondence dated November 18, 2016 the DMS indicated that up to 245 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 _____________________________________________ Date___________________

ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652

CERTIFICATE OF COMPLETION

NCDWR Project No.: _______________ County: _______________________
Applicant: ________________________________________________________________________
Project Name: _____________________________________________________________________
Date of Issuance of 401 Water Quality Certification: _____________________________________
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: ___________________________________________ Date: ___________________________

Agent’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: ___________________________________________ Date:___________________________

Engineer’s Certification
_______ Partial _______ Final
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 ________________________