20070167 Ver 1_Approval Letter_20070312

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W'. Klimek, P.E. Director
Division of Water Quality
March 12, 2007
DWQ# 07-0167
Mecklenburg County
Mr. Barry James
American Asset Corporation
3700 Arco Corporate Drive
Charlotte, NC 28273
Subject: Hambright Track Realignment
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. James
You have our approval, in accordance with the attached conditions and those listed below, to fill 0.173
acre of wetland and to impact 850 linear feet (If) (300 If of perennial) of unnamed stream to Cane Creek in
order to realign the railroad track for the Bryton Center Development in Mecklenburg County, as described in
your application received by the Division of Water Quality (DWQ) on January 24, 2007. After reviewing your
application, we have determined that this project is covered by Water Quality General Certification Number
3404, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. 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.
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. 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 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.
In addition to the requirements of the certification, you must also comply with the following conditions:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Any facilities that related to the track realignment (train stations, etc.) shall have an approved storm water
management plan from the Division of Water Quality (or approved local authority) prior to construction of the
facilities.
3. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
4. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in order
to compensate for the impacts to the streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B
.0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H
.0506(h) and 15A NCAC 2B .0233(10). Until the EEP receives and clears your check ,the stream impacts
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 281 15 Phone [phone] Customer Service
Internet: ncwaterqulaity.org FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Barry James
Page 2
shall not occur. You have one month from the date of this Certification to make this payment. For accounting
purposes, this Certification authorizes the fill of 0.173 acre of wetland and the impact to 850 feet of streams in
the Yadkin River Basin, Cataloging Unit 03040105, and 850 linear feet of stream mitigation is required.
Please be aware that the EEP rules require rounding of stream impacts to the nearest quarter acre (15A
NCAC 2R .0503(b)).
5. Use of native vegetation and other soft stream bank stabilization techniques must be used 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 the DWQ.
6. Storm water 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.
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
8. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
9. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send photographs of
the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
10. Continuing Compliance. The applicant (American Asset Corporation) 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
DWQ 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, DWQ may reevaluate and modify this certification to include conditions appropriate to
assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d).
Before codifying the certification, DWQ 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.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.

Barry James
Page 3
This letter completes the review of the Division of Water Quality 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 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely, ,
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for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Becky Fox, EPA
Central Files
File Copy
Chris Matthews