20181476 Ver 1_Approval Letter_20181213

ROY COOPER NORTH CAROLINA
l:urr,n,v Environmental Quality
MICIiAEL S. REGAN
) "Cr i fair r
LINDA CULPEPPER
In M�inr DuitilOr
December 13, 2018
Mr. T J Pecorak
13815 Cinnabar Place
Huntersville, NC 20878
DWR# 18-1476
Mecklenburg County
Subject: APPROVAL (Corrected) of 401 Water Quality Certification with Additional Conditions
Howard Residential Development
Dear Mr. Pecorak:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated October 26, 2018, and received by the
Division of Water Resources (the Division) on October 31, 2018, and subsequent information submitted
on December 3, 2018. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 4135 which can be viewed on our web site at
https //deg ncgov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-
wetlands-buffer-permits/401-401-isolated-wetlands-waters-program The General Certification allows
you to use Nationwide Permit Number 14 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 1N5NCA�C 02H .0502 (e)
o hing -ompal es -
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

3. Approved Impacts:
Type of Impact Amount Approved
Amount Approved
Temporary Impact
Permanent Impact
Stream 37 linear ft.
102 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. The Division approves the Stormwater Management Plan (SMP) consisting of two (2) wet ponds
and all associated stormwater conveyances, inlet and outlet structures, and the grading and
drainage patterns depicted on plan sheets dated October 8, 2018 , which are incorporated by
reference and are enforceable by the Division. The following conditions also apply [15A NCAC
02H .0506(b)(5)]:
• The maximum allowable drainage area for the approved wet pond A shall be 2,863,410
square feet and the maximum allowable built -upon area within that drainage area shall be
710,198 square feet. The maximum allowable drainage area for the approved wet pond B
shall be 782,809 square feet and the maximum allowable built -upon area within that
drainage area shall be 308,239 square feet. Any changes to these allowable maximum
areas shall require the applicant to submit and receive approval from the Division prior to
any construction or modification of the current site.
The footprint of all stormwater management device(s) as well as an additional 10 -foot wide
area on all sides of the device(s) shall be located in either public rights-of-way, dedicated
common areas or recorded easement areas. The final plats for the project showing such
rights-of-way, common areas and easement areas, shall be in accordance with the
approved plans.
The approved SMP shall be constructed and operational before any permanent building or
other structure is occupied at the site.
The SMP may not be modified without prior written authorization from the Division.
• Maintenance activities for stormwater management device(s) shall be performed in
accordance with the notarized O&M agreements signed by Robert B. Bowman (Bowman
Development Group) on November 29, 2018. The O&M agreement shall transfer with the
sale of the land or transfer of ownership/responsibility for the approved diffuse flow
plan. The Division shall be notified promptly of every transfer.
The applicant and/or authorized agent shall provide a completed Certificate of Completion
form to the Division within thirty (30) days of project completion (available at
https://edocs. deg. nc.gov/Forms/Certificate-of-Completion).

6. 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)
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. The permittee shall report to the Mooresville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [including but not limited to sediment
impacts, and any violation of state regulated riparian buffer rules. Information shall be provided
orally within 24 hours (or the next business day if a weekend or holiday) from the time the
applicant became aware of the circumstances. A written submission shall also be provided
within 5 business days of the time the applicant becomes aware of the circumstances. The
written submission shall contain a description of the noncompliance, and its causes; the period
of noncompliance, including exact dates and times, if the noncompliance has not been
corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive
the written submission requirement on a case-by-case basis. 15A NCAC 026 .0200
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. Upon completion of the project, the applicant shall complete and return a "Certificate of
Completion" form to the 401/Wetlands Branch of the Division using the following link:
https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 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:
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, INC 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,, —
F
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: David Shaeffer, Army Corps of Engineers, Charlotte, email
Jennifer Burdette, McAdams, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality