HomeMy WebLinkAbout20190445 Ver 1_Approval Letter_20190917ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
September 17, 2019
DW R# 19-0445
Union County
Mr. Mark Boyce
Wellspring Carolina Investments, LLC
2133 Garden View Ln.
Matthews, NC 28104
Subject: APPROVAL of 401 Water Quality Certification and Goose Creek Riparian
Buffer Rule With Additional Conditions, Windsong Development
Dear Mr. Boyce:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated April 7,
2019, and received by the Division of Water Resources (the Division) on April 14, 2019,
and subsequent information on September 10, 2019. 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). In addition, these impacts are
covered by Goose Creek Riparian Buffer Rule 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 .0609 for Goose Creek. 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
NORTH CAROLINA �
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
o.namremor �w.c�giuuei� /`� 704.663.1699
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:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
0 linear ft.
141 linear ft.
Wetland
0 acre
0 acre
Buffer (two road crossings)
0 sq. ft.
32,041 sq. ft. (.74 ac)
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. Water Quality/Stormwater: 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
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. 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
9. 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)
10. 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)
11. Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance
for future wetland, water and buffer impact. These mechanisms shall be put in place
at the time of recording of the property, or of individual lots, whichever is appropriate.
A sample deed notification can be downloaded from the 401 /Wetlands Unit web site
at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may
be modified as appropriate to suit to this project.
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 02B .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 and Goose Creek Buffer Rule 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: If 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. 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 and Goose Creek Riparian Buffer Rules as described in 15A NCAC 2B
0.600-0.609. If you have any questions, please telephone Mr. Alan Johnson in the
Mooresville Regional Office at 704-663-1699.
Sincerely,
[DocuSigned by:
444 H N'Uf
for
F161FB69A2D84A3...
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Bryan Reynolds, Army Corps of Engineers, Charlotte, email
Paul Petitgout, Lowrys Env. & Eco., 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:
Certificate of Completion
County:
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:
Engineer's Certification
Partial Final
Date:
I, , 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. Date