20071551 Ver 3_Approval Letter_20131228

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NCDENR 7 2013
North Carolina Department of Environment and Natural Resou Gan - WATER uAt trY
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Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
December 18, 2013
DWR# 07 -1551 V3
Cabarrus County
Mr. Pat Greathouse, REDUS
c/o Wells Fargo- Commercial Owned Real Estate
301 S. College Street, Fourth Floor
Charlotte, NC 28202
Subject: Approval of 401 Water Quality Certification with Additional Conditions,
Christenbury Four Comers
Dear Mr. Greathouse:
You have our approval, in accordance with the general certification and those conditions listed below,
for the purpose proposed in your application dated November 14, 2013, and subsequent information submitted
on December 17, 2013 and received by the Division of Water Resources (the Division) on November 25, 2013
and December 17, 2013, respectively. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3890, which can be viewed on our web site at
http:/ /portal.ncdenr.org /webtwa /swD /ws /401. The 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. In addition to the requirements of the certification, you must also comply
with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
1,039 linear ft.
Wetland
3. 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.
Wetlands Branch Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St Ra fth, North Carolina 27604
Phone: [phone] FAX: [phone]
Intemet: www.ncwatemualittr.om
An Equal Opportunity /Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
Noe Carolina
aturally

DWR #:07- 1551V3
4. 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.
5. 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. A copy must be
submitted to the Division.
6. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must
be maintained (or restored via constructed benches) above and below the location of each culvert.
7. 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
Authorization Certificate authorizes payment to the EEP to meet the following compensatory mitigation
requirement:
8. 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 Division
9. You are required to provide one copy of the approved SMP, including plan details on full -sized plan sheets,
with proof of City of Concord's approval. The approved SMP shall be submitted to the DWR 401 & Buffer
Permitting 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 Concord. If the SMP is modified in the future, then you
shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the
commencement of the modifications.
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.
11. 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. Side slopes of sediment
basins shall be matted. Fill slopes in excess of 10 ft in height and within 30 feet of surface waters shall be
matted.
12. No sediment/erosion control measures, 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
without approval from the Division.
13. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the Division. Please send photographs of the upstream and
downstream sides of each culvert site to document correct installation, along with the Certfcate of
Completion form.
Compensatory Mitigation
Required
River and Sub -basin
Number
Stream
637 (feet)
Yadkin (03040105)
Wetlands
0 acres
8. 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 Division
9. You are required to provide one copy of the approved SMP, including plan details on full -sized plan sheets,
with proof of City of Concord's approval. The approved SMP shall be submitted to the DWR 401 & Buffer
Permitting 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 Concord. If the SMP is modified in the future, then you
shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the
commencement of the modifications.
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.
11. 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. Side slopes of sediment
basins shall be matted. Fill slopes in excess of 10 ft in height and within 30 feet of surface waters shall be
matted.
12. No sediment/erosion control measures, 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
without approval from the Division.
13. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the Division. Please send photographs of the upstream and
downstream sides of each culvert site to document correct installation, along with the Certfcate of
Completion form.

DWR #: 07-1551V3
14. Continuing Compliance. The applicant (REDUS, Wells Fargo) 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 the
Division 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, the Division may reevaluate and modify this certification to include
conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A
NCAC 21-1:0507(d). Before codifying the certification, the Division 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.
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: /twww.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
One (1) copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609 -6285
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 or Ms.
Karen Higgins in the Central Office in Raleigh 919 - 807 -6360.
Sincerely
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Chris Huysman, Wetland and Natural Resources

Certificate of Completion
DWR Project No.
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
DWR #:07- 1551V3
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water
Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWR 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 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:
Agent'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 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:
If this project was designed by a Certified Professional
Date:
I, , as a duly registered Professional
(i.e., Engineer, Landscape Architect, Surveyor, etc.) 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 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:

DWR #: 07- 1551V3
NORTH CAROLINA - DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, REDUS/Wells Fargo has permission as outlined below to
impact 1039 linear feet of stream in order to proceed with the development in Cabarrus County, North
Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed
in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION:
COUNTY:
BASIN /SUBBASIN
Impacts:
1,039 linear feet of stream
Concord Mills Blvd. /Christenbury Rd.
Cabarrus
Yadkin (03040105)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement Program must
be rounded to the nearest foot and acreage requirements must be rounded to one - quarter acre increments
according to 15 2r .0503(b).
Mitigation:
637 linear feet total of stream required
463 previously paid (EEP # ILF- 2007 -5388)
174 linear feet remaining
Mitigation:
174 linear feet of additional stream by the EEP required for the 401 Water Quality Certification. In
correspondence dated December 17, 2013 the EEP indicated that up to 174 linear feet of stream mitigation
would be conducted by EEP if available within the cataloging unit. More may be required if mitigation is
required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you choose this option, please
sign this form and mail it to the Ecosystem Enhancement Fund at the address listed 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 EEP.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER RESOURCES
1652 Mail Service Center
RALEIGH, N.C. 27669 -1652