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HomeMy WebLinkAbout20180827 Ver 1_Approval Letter_20180626Water Resources ' Environmental Quality Mr. Andrew McDonald Cambridge Properties 831 E. Morehead St., Ste. 245 Charlotte, NC 28202 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director 26 June 2018 DWR# 18-0827 Mecklenburg County Subject: Isolated Wetland Permit Authorization (IWGP 100000) with Additional Conditions The Pond at McKee Glenn Dear Mr. McDonald: You have our approval, in accordance with the authorization/permit and those conditions listed below, for the purpose proposed in your application dated May 29, 2018 and received by the Division of Water Resources (the Division) on June 15, 2018. After reviewing your application, we have determined that this project is covered by The State General Permit For Impacts to Isolated and Other Nonjurisdictional Wetlands and Surface Waters which can be viewed on our web site at ^ wetlands-buffer-permits/401-401-isolated-wetlands-waters-program. 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 authorizationon will expire within four years or upon issuance of a new/revised permit. It is advised that all conditions of the permit are reviewed prior to initiation of the project. In addition to the requirements of the permit, 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 permit. 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 permit and approval letter; and is thereby responsible for complying with all conditions. 15A NCAC 02H .0506 and 15A NCAC 02H .0507 2. Approved Impacts: Type of Impact Amount Approved Amount Approved Temporary Impact Permanent Impact Stream 0 linear ft. 0 linear ft. Wetland (isolated) 0 acre 0.1 acre -^'Nothing Compares7--, State of North Carolina I Environmental Quality 161 LAO service Center I Raleigh, North Carolina 27699-1611 919-707-9000 3. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (e) 4. 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 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) 6. 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) 7. The permittee shall report any violations of this permit to the Division of Water Resources within 24 hours of discovery. 15A NCAC 02H .0507(c) 8. 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) 9. Continuing Compliance. The applicant (Andrew McDonald, Cambridge Properties) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this permit to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the permit, the Division shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 15A NCAC 0213.0200 This permit 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 thirty (30) 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: I/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. 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, 00 W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Army Corps of Engineers, Charlotte, email Jennifer Robertson, Atlas Environmental, email DWR 401 & Buffer Permitting Branch file MRO, Land Quality