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Home My WebLink About20181259 Ver 1_Approval Letter_20190204ROY COOPER Gmernw' MICHAEL S. REGAN .Seeretar'y LINDA CULPEPPER Dlrcaor Mr. Hamilton Stolpen AMH Rivercross Development TRS LLC 16905 Northcross Dr., Ste. 200 Huntersville, NC 28078 NORTH CAROLINA Environmental Quality 4 February 2019 DWR# 18-1259 Lincoln County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Rivercross Development Dear Mr. Stolpen: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated September 7, 2018 and received by the Division of Water Resources (the Division) on September 12, 2018 and subsequent information for the required stormwater management plan. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 4139 which can be viewed on our web site at https://deg. nc.gov/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 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 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. 15A NCAC 02H .0502 (e) North Carolina Department of Environmental Quality I Division of Water Resources D_E QJ� Mooresvllle Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 704.b63.1699 3. Approved Impacts: Type of Impact Amount Approved Amount Approved #1 (Sand Filter Dry Pond) Temporary Impact Permanent Impact Stream 80 linear ft. (dewater) 304 linear ft. (road) #3 (Sand Filter Dry Pond) 40 linear ft. (pipe removal) 87,656 Open Water 0 acre 0.42 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. The Division approves the Stormwater Management Plan (SMP) for Phases 1A, 1B, 2A, and 2B consisting of 5 sand filter dry ponds, 3 underground detention and treatment systems (StormTank and Contech StormFilter), and all associated stormwater conveyances, inlet and outlet structures, and the grading and drainage patterns depicted on plan sheets dated February 1, 2019 , 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 (DA) and the maximum allowable built -upon area (BUA) within that drainage area for the approved SCMs shall be as shown in the table below. 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. SCM Max. Allowable DA (sq -ft) Max. Allowable BUA (sq -ft) #1 (Sand Filter Dry Pond) 251,816 29,215 #2 (Sand Filter Dry Pond) 118,911 77,263 #3 (Sand Filter Dry Pond) 144,292 87,656 #4 (Sand Filter Dry Pond) 360,118 155,881 #5 (Sand Filter Dry Pond) 103,740 50,352 #6 (Underground System) 223,076 145,835 #7 (Underground System) 392,168 182,412 #8 (Underground System) 468,279 176,251 • The footprint of all stormwater management device(s) as well as an additional 10 -foot wide area 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 Hamilton Stolpen on December 28, 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-Comipletion). • Upon completion of construction and prior to operation of the approved stromwater control device(s), a certification from an appropriate designer for the device certifying that it has been installed in accordance with the approved plans, specifications, and other supporting documentation, shall be submitted to the Division. Any deviations from the approved design shall be noted on the certification and a modification to this 401 certification may be required. • Additional SMP(s) for future phases (3A and 3B) must receive written authorization from the Division before any land disturbance, construction, or expansion of the new phase(s) may occur. 7. 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) 8. 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 304 (feet) Catawba (03050101) 1:1 ratio Wetlands 0 (acres) 9. 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)) 10. 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. 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. 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) 13. 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 02B .0200 14. 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) 15. 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:Hedocs.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 (919) 431-3000. 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 (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. 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, Docu/Signed by, i�— ��1Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Cathy Janiczak, Army Corps of Engineers, Charlotte, email Greg Antemann, CWS, email DWR 401 & Buffer Permitting Branch file MRO, Land Quality