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