20120575 Ver 1_Approval Letter_20141015

NCDENR
North Carolina Department of Environment and Natural
Pat McCrory
Governor
Mr. Barton G. Colson
Davidson Retirement Center, LLC
9310 NE Vancouver Mall Drive, Suite 200
Vancouver, WA 98662
Resources
Subject: Authorization of Approval, Catawba Riparian Buffer Rule
with Additional Conditions, Davidson Retirement Center
Dear Mr. Colson:
John E. Skvarla, III
Secretary
October 15, 2014
DWR# 12- 0575V2
Mecklenburg County
You have our approval, in accordance with the Catawba Riparian Buffer Rule for the
purpose proposed in your application dated September 24, 2014, and received by the
Division of Water Resources (the Division) on September 26, 2014. After reviewing your
application, we have determined that this project is covered by the Catawba Riparian
Buffer Rule. 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 Authorization will expire five (5) years from the date of issuance of
this authorization. In addition to the Catawba Riparian Buffer Rule, 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
Buffer
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Zone 1- Trail
0
5,030 sq. ft
Zone 1 - Gazebo
0
291 sq. ft.
Zone 1- Stormwater
0
7,700 sq ft.
Zone 1- Pavement
0
945 sq. ft.
Zone 1- Conc. Sidewalk
0
4,786 sq. ft.
Zone 1- water
0
982 sq. ft.
Total
0
19,734 sq ft.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone- 919 - 807 -63001 Internet www,ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

12- 0575V2
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.
4. Mitigation must be provided for the proposed impacts as specified in the table below.
Until the Division has receives an acceptance letter from the Ecosystem Enhancement
Program or private mitigation bank to meet this mitigation requirement and proof of
payment has been provided to this Office, no impacts specified in this Authorization
shall occur. For accounting purposes, the following compensatory mitigation payment
is required:
5. 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.
6. Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be
matted.
7. 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 DWR.
8. 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.
9. A final, written storm water management is required. If subject to a delegated authority,
please provide one copy of the approved SMP, including plan details on full -sized plan
sheets, with proof of approval. The approved SMP shall be submitted to the DWR 401
& Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC. 27699- 1650),
otherwise please submit a detail plan to the Division for review and approval. A plan
shall be approved before any impacts authorized occur. Once approved, the SMP may
not be modified without prior written authorization from the delegated authority or the
Division of Water Resources. 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.
Compensatory
Mitigation Required
Mitigation
(X2 multiplier)
Impacts
Catawba
Buffer — Zone 1
1,927 sq. feet
3,845 sq. feet
0
0
5. 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.
6. Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be
matted.
7. 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 DWR.
8. 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.
9. A final, written storm water management is required. If subject to a delegated authority,
please provide one copy of the approved SMP, including plan details on full -sized plan
sheets, with proof of approval. The approved SMP shall be submitted to the DWR 401
& Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC. 27699- 1650),
otherwise please submit a detail plan to the Division for review and approval. A plan
shall be approved before any impacts authorized occur. Once approved, the SMP may
not be modified without prior written authorization from the delegated authority or the
Division of Water Resources. 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.

12- 0575V2
10. 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.
11. 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.
12. 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.
13. Continuing Compliance. The applicant (Davidson Retirement Residence, LLC) 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 2H.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://www.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
12- 0575V2
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 DENR as follows:
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
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
MRO, Land Quality
r

12- 0575V2
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, the Davidson Retirement Residence, LLC has
permission as outlined below to impact 1,927 square feet of buffer in order to proceed with the
project in Mecklenburg County, North Carolina. All activities associated with these authorized
impacts must be conducted with the conditions listed in the attached certification. THIS
AUTHORIZATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION:
COUNTY:
BASIN /SUBBASIN
Impacts:
1,927 Sq. Ft., buffer, Zone 1
Peninsula Drive
Mecklenburg
Catawba (0305010 1)
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:
1,927 square feet, buffer, Zone 1 (X2)
Mitigation:
3,845 (1927 X 2) square feet of buffer by the EEP required for the Catawba Riparian Buffer Rule
Authorization. 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

12- 0575V2
CERTIFICATE OF COMPLETION
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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
Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center,
Raleigh, NC, 27699 -1650. 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
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