SW3190506_Permit (401)_20190701

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
01irctor
Mr, Daniel Bree
Bree Properties, LLC
1708 N. Caldwell Street
Charlotte, NC 28206
NORTH CAROLINA
Environmen rat Qualify
2 May 2019
DWR# 19-0338
Cabarrus County
Subject: After -The -Fact APPROVAL (NOV) of 401 Water Quality Certification with Additional
Conditions, Sealand Office Site/Development
Dear Mr. Bree:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated March 15, 2019 and
received by the Division of Water Resources (the Division) on March 18, 2019 and subsequent
information on April 29, 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 -isolated-wetlands-waters-
programhftpsaldeg.nc.gov/about/divisions/water-resources/water-resources-
Permits/wastewater-branch/401-wetlands-buffer-permits1401-401The General Certification allows you to use Nationwide Permit Number 39 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, Prior to any new/additional
impacts to wetlands/streams on site, approval from DWR is 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 5A
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 Division of Water Resources
Mooresville Regional Office 1 610 Cast Center Avenue, Suite 301 1 Mooresville. North Carolina 28115
704.ob3.1U99

3. Approved Impacts;
Type of Impact
Amount Approved
Amount Approved
Temporary Impact
Permanent Impact
Stream
0 linear ft.
570 linear ft. (restored)
20 If (riprap)
Wetland
0 acre
0 acre
4_ Stream plugs shall be utilized to assist subsurface/ground flow toward the newly
created/restored stream channel.
5_ Monitoring: monitoring shall be conducted quarterly for two years to ensure success of
the restoration. Failure of the stream restoration and/or plant growth/vitality/vigor may
result in an extension of the monitoring period. It is recommended that visual observation
be conducted following the first initial bank full events to ensure the stability of the channel.
6_ Container plants shall be utilized (beyond the immediate riparian zone), in addition to live
stakes, to warrant the shorten monitoring period.
7. 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)
8. Barelfill 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)
9. Please provide documentation showing that water quality from the development will not
be impaired. A storm water management plan (state of NC) in lieu of such
documentation is acceptable if approved by a delegated or state authority. 15A NCAC
2H .1000
10. 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)
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 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.-
hftps://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
150E 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, 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. It is requested that Cabarrus County place a hold on the Certificate of Occupancy until
such time the stormwater management plan has been submitted and approved and the stream
restoration is complete, excluding monitoring. If you have any questions, please telephone Mr.
Alan Johnson in the Mooresville Regional Office at 704-663-1699.
Sincerely,
fJxu//Signed by:
✓i .
A14CC881AF27425
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Cathy Janiczak, Army Corps of Engineers, Charlotte, email
Aliisa Harjuniemi, CWS, aliisa0cws-inc.net
Todd Culp, Code Enforcement, [e-mail]
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:
County:
Certificate of Completion
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: Date:
Engineer's Certification
Partial Final
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