20211631 Ver 2_Approval Letter_20220421

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 21, 2022
DWR # 21-1631 V2
Union County
SunCap Property Group
Attn: Van Boyett
2170 Concord Ave.
Monroe, NC 28110
sent via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Stafford Street Extension Project
Dear Mr. Boyett:
Attached hereto is a copy of Certification No. WQC004803 issued to Van Boyett and SunCap Property Group,
dated April 21, 2022. 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 this Water Quality 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 given a copy of this
Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This General Certification does not relieve the permittee of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but not
limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer
regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does
not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality
Certification shall not be interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality
Certification to possess any prescriptive or other right of priority with respect to any other consumptive
user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Individual Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of
the expiration date of this Water Quality Certification.

SunCap Property Group
DWR# 20211631 V2
Individual Certification #WQC004803
Page 2 of 7
Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water
Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business
day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware
that impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC
2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including wetlands, as described in
33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State
certification or coverage under a general certification required by Section 401 of the Federal Water
Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant
to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of
up to a maximum of $25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Doug Perez at 704-743-6872 or [e-mail] if you have any questions
or concerns.

SunCap Property Group
DWR# 20211631 V2
Individual Certification #WQC004803
Page 3 of 7
Sincerely,
DocuSigned by:
P444.4
�F161FB69A2D84A3...
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
cc: Jennifer Robertson, Atlas Environmental, Inc., [e-mail]
Steven Kichefski, USACE Charlotte Field Office, [e-mail]
Todd Bowers, EPA, email
DWR 401 & Buffer Permitting Branch Electronic file

SunCap Property Group
DWR# 20211631 V2
Individual Certification #WQC004803
Page 4 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004803 is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and
15A NCAC 02B .0200, to Van Boyett and SunCap Property Group, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water Resources (Division)
on March 14, 2022, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the
Division on March 15, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and the
applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions hereinafter
set forth.
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream - Intermittent
Fill (Previous)
635 (linear feet)
0 (linear feet)
404/401 Wetlands - Seep
Fill (Previous)
Fill (New)
0.059 (acres)
0.016 (acres)
0 (acres)
0 (acres)
2. Stormwater Management: The applicant may provide documentation that the project will not impair
water quality to the receiving stream(s) from stormwater runoff or provide an approved stormwater
management plan. Any high density project and/or project that exceeds density thresholds must
provide a stormwater management plan for the entire project, for review and approval including all
forms and pertinent items that complies with the high density development requirements. Low
density development. The plan may be approved by the Division, State Stormwater Program or a local
delegated authority. The plan shall consider the impact of the volume and velocity of discharge and
runoff to the receiving stream and adjacent riparian areas to prevent scouring and erosions of the
features.
Citations: 15A NCAC 02U.1017, 15A NAC 02H.1003 (2)(a), 15 NCAC 02B.0614 (8), 15A NCAC 02B.0607(h)
3. Diversion ditches and other stormwater conveyances as related to the sediment and erosion control
measures shall be matted and/or stabilized to reduce sediment lost and turbidity. This includes
interior/exterior slopes of sediment basins. 15A NCAC 02H .05606 (b)(3) and (c) (3)
4. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface water shall be matted. 15A
NCAC 02H .0506 (b)(1) and15A NCAC 02H .502 (c)

SunCap Property Group
DWR# 20211631 V2
Individual Certification #WQC004803
Page 5 of 7
5. 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 02B .0203
6. The permittee shall report to the DWR Mooresville Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
8. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
9. When applicable, all construction activities shall be performed and maintained in full compliance with
G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of
the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management
Practices for the control of sediment and erosion so that no violations of state water quality
standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline
Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual. Reclamation measures and implementation shall comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B .0231
10. Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed
within authorized impact areas, then placement of such measures shall not be conducted in a manner
that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed
within wetlands shall be removed from wetlands and the natural grade restored within two (2)

SunCap Property Group
DWR# 20211631 V2
Individual Certification #WQC004803
Page 6 of 7
months of the date that DEMLR or locally delegated program has released the specific area within the
project to ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 026 .0231
11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
12. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring,
record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
13. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current version
of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction
and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion
structures shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200
14. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and
Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of
contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 02B .0231
15. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 02B .0231
16. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance
shall be performed in a manner to prevent, to the maximum extent practicable, contamination of
surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 02B .0231
17. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.

SunCap Property Group
DWR# 20211631 V2
Individual Certification #WQC004803
Page 7 of 7
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0231
18. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25
gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
19. The permittee and their authorized agents shall conduct all activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with §303(d) of the
Clean Water Act), and any other appropriate requirements of State and Federal Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
20. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this permit in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a copy
of this General Certification. A copy of this General Certification shall be available at the project site
during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date
of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 21' day of April 2022
DocuSigned by:
4.441w H P:ze.
"- F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
for