HomeMy WebLinkAbout20180459 Ver 1_Approval Letter_20180612ROY COOPER
Governor
MICHAEL S. R.
NC
Secrekrry
Water Resources LINDA CULPEPPER
Environmental Quality Inlerim Director
June 12, 2018
DWR# 18-0459
Union County
Ms. Todd Terwilliger
TAC Southstone, LLC
2100 Powers Ferry Rd. Ste. 350
Atlanta, GA 30339
Subject: APPROVAL of 401 Water Quality Certification and Goose Creek Buffer Authorization with
Additional Conditions, Southstone Development
Dear Mr. Terwilliger:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated March 26, 2018 and received by the Division
of Water Resources (the Division) on March 28, 2018 and subsequent information on June 12, 2018.
After reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 4133 & 4139 which can be viewed on our web site at
htti)s://deg.nc.gov/about/divisions/water-resources/water-resources-perm its/wastewater-branch/401-
wetlands-buffer-permits/401-401-isolated-wetlands-waters-program The General Certification allows
you to use Nationwide Permit Number 12 & 29 once it is issued to you by the U.S. Army Corps of
Engineers (COE). In addition,these impacts are covered by the Goose Creek Buffer Rules and the
conditions listed below. 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. Additional buffer impacts may require compensatory
mitigation as described in 15A NCAC 02B .0609 of the Goose Creek Buffer Rule. 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 02B .0609, 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:-.�P"idothingCompares7-t�
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000
Type of Impact
Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream
65 linear ft. 250 linear ft.
Wetland
0.05 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. Goose Creek Buffer impacts are within the acceptable limits of the Table of Uses and shall be
mitigated appropriately per approved plan. 15A NCAC 02B .0609
7. 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
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. 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. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification. 15A NCAC 02H.0506(b)(3)
12. A turbidity curtain shall be considered during construction for appropriateness to eliminated
water quality issues during construction. 15A NCAC 02H .0506(b)(3)
13. 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)
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)
15. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the Division. 15A NCAC 02H .0507(c) and 15A
NCAC 02B .0609
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 (30 days for buffer) 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. Bill 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,
S�ig{neO<Dy:[Dm,
�/ l J l w 2T-
145a49E225C94EA.
For Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: David Shaeffer, Army Corps of Engineers, Charlotte, email
Len Rindner, WPEG, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
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 Wetland & Buffer
Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617.
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:
Agent's Certification
Date:
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:
Engineers 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.