20131081 Ver 1_Approval Letter_20131101

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional. Operations
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
November 1,2013
DWR # 13 -1081
Forsyth County
Broyhill Silas Pointe LLC
Attn: Charles Campbell
2701 Coltsgate Road, Suite 300
Charlotte NC 28211
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Silas Pointe MOB
Dear Mr. Campbell:
You have our approval for the impacts listed below for the purpose described in your
application dated October 7, 2013 , received by the Division of Water Resources (Division)
October 9, 2013. These impacts are covered by the attached Water Quality General
Certification Number 3890 and the conditions listed below. This certification is associated with
the use of Nationwide Permit Number 39 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.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and -the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Type of Impact
Temporary /Permanent
Approved Impact (units)
Stream
Permanent
156 linear feet
Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107
Phone: 336 - 771 -50001 FAX: [phone] Customer Service: 1- 877 - 623 -6748
Internet: www.ncwaterauality.orp
An Equal Opportunity 1 Affirmative Action Employer

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Broyhill Silas Pointe, LLC
DWR# 13 -1081
401APPROVAL
Page 2 of 3
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
If you change your project, you must notify the Division and you may be required to
submit a new application package with the appropriate fee. If the property is sold, the
new owner must be givens copy of this approval letter and General. Certifications) and
is responsible for complying with all conditions.
3. Mitigation must be provided for the proposed impacts as specified in the table below.
The Division has received an acceptance letter from the NC Ecosystem Enhancement
Program (EEP) to meet this mitigation requirement. Until the EEP 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
1 Authorization Certificate authorizes payment to the EEP to meet the following
compensatory mitigation requirement:
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4. You are required to provide one copy of the approved SMP, including plan details on
full -sized plan sheets, with proof of the City of Winston Salem's approval. The approved
SMP shall be submitted to the DWR Webscape Unit (1650 Mail Service Center, Raleigh,
NC, 27699 - 1650) before any impacts authorized in this certification occur. After it is
approved and submitted to the Division, the SMP may not be modified without prior
written authorization from the City of Winston Salem If the SMP is modified in the
future, then you shall provide one modified SMP with proof of approval to the DWR
Webscape Unit prior to the commencement of the modifications.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
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 for information. 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 between 8:00am and 5:00pm, excluding official
state holidays).
Compensatory
Mitigation Required
River and Sub -basin
Number
Stream
156 feet
Yadkin 03040101
4. You are required to provide one copy of the approved SMP, including plan details on
full -sized plan sheets, with proof of the City of Winston Salem's approval. The approved
SMP shall be submitted to the DWR Webscape Unit (1650 Mail Service Center, Raleigh,
NC, 27699 - 1650) before any impacts authorized in this certification occur. After it is
approved and submitted to the Division, the SMP may not be modified without prior
written authorization from the City of Winston Salem If the SMP is modified in the
future, then you shall provide one modified SMP with proof of approval to the DWR
Webscape Unit prior to the commencement of the modifications.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
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 for information. 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 between 8:00am and 5:00pm, excluding official
state holidays).

Broyhill Silas Pointe, LLC
DWR# 13 -1081
401 APPROVAL
Page 3 of 3
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one 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 Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR
Lacy Presnell, General Counsel
Department of Environment and. Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division of Water Resources under section 401 of the
Clean Water Act. Please contact Sue Homewood at 336 -771 -4964 or
[e-mail] if you have any questions or concerns..
Sincerely,
s.
7
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3890
Certificate of Completion
cc: Brad Luckey, ECS Carolinas (via email)
John Thomas, USACE Raleigh Regulatory Field Office (via email)
DWR -WQP WSRO 401 files
DWR -WQP Webscape Unit
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NCIDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional Operations
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor. Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Charles Campbell of Broyhill Silas Point LLC has permission as outlined below to fill or
otherwise impact 156 feet of streams to construct the proposed Silas Pointe MOB project at the subject property which is located
on Silas Creek Parkway, Winston Salem, in Forsyth County, North Carolina. All activities associated with these authorized impacts
must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 2013 -1081
SITE NAME: Silas Pointe MOB .
LOCATION: Winston Salem, NC
COUNTY: Forsyth
BASIN/ SUB BASIN Yadkin (HUC: 03040101)
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigable
impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as
outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one -
quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b).
Impacts Mitigation
156 linear feet of stream 156 linear feet of stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the
Wetlands, Stream and Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the
form along with a copy of the 401 Certification and Variance Approval to the Ecosystem Enhancement Program at the address
below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE
ECOSYTEM ENHANCMENT PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699 -1652
(919) 707 -8976
North Carolina Division of Water Resources, Winston -Salem Regional Office
Location: 585 Waughtown St, Winston - Salem, North Carolina 27107 One
Phone: 336 - 771 -50001 FAX: [phone] t Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org �/ � �wka lff
An Equal Opportunity 1 Affirmative Action Employer