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HomeMy WebLinkAbout20130781 Ver 3_401 Application_20150615Wetlands and Environmental Planning Group Leonard S. Rindner. PLLC June 8, 2015 Mr. Steve Kichefski U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801 Mr. Alan Johnson NCDENR Division of Water Resources p o �n 610 East Center Street, Suite 301 Mooresville, NC 28115 ' D Ms. Karen Higgins JUN � I 2015 N DENR �—OU _ WATER J Division of Water Resources ' °=8 BUFFER PER&UTT NG Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Subject: Modification to River Oaks Individual Permit AID 2013- 01263/DWR #13 -0781 Dear Ms. Higgins and Mr. Messrs. Kichefski and Johnson, Enclosed is a request for an additional modification to a previously issued Individual Permit for a project known as River Oaks Corporate Center, on Poplar Tent Road, in Concord, Cabarrus County, North Carolina. A previous modification was issued on August 21, 2014 (USACE) and August 7, 2014 ( NCDWR) which are enclosed. The change is associated with the Phase I road crossings /entrances, however overall net impacts for this Phase will not change. Originally two smaller entrances were proposed which has now been eliminated to one larger /safer crossing. There will be one larger crossing (220 linear feet of stream channel impact) at Stream Crossing S2 which was originally proposed to impact 120 linear feet of stream channel. Stream Crossing S 1 which was originally proposed to impact 100 linear feet of stream channel will be eliminated. Enclosed are revised plans that depict these changes. No changes are proposed to Phase II impacts and mitigation for Phase I impacts have already been paid (receipt enclosed). We appreciate the opportunity to provide this information and please contact me if you have any questions. Sincerely, u'.uW.iY�"'M ' .y, e'''i'' y. wlrr''''' AU'''' —I I'•w�wuWwwr.'u w,1 -11 w. I'll— I"*'N.W U, urv.,u..M,,, ,�u.'.'" w, x..a, @..... .... ,.,r+4x v, w•». �,. ''""'""' ",,, ", "'''" M�Ab'u aL'. eYN .u� yq..w..,,d..AA ,rl *.�4 v�4 .k......y YWd �.ti ehs.,w.q,' Charlotte Off ice. www.wetlands- epg.com Asheville Office. 10612 -D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, FMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704) 904 -2277 (828) 708 -7059 len.rindner @wetlands- epg.com amanda lones @wetlands -epg com ....... .... Wetlands and Environmental Planning Group Leonard S. Rinanor. pLLC Amanda Jones, PWS Regulatory Specialist Charlotte Office- vw°vv.wat}ands'opQ.com Asheville Office |Va/l'D Providence Rd. |O7V Tunnel Kd,Bldg, | PnB55V Suite 10. pn8%8] Charlotte, mCzuz77 Asheville, mczuuns (704) 904-2277 (828) 708-7059 |en rind ncr@*^ dund*cpucom 2 annando./onas@*, dand,'=pg cnm t \\ ` 120 \ / 1 I i C I I I I I I f os TiI FUTURE /f / it f BUILDING A ( (� ` tt 441,000 SF ............. < - -- FUTURE v BUILDING C \ 1 1,+ i,;vuu of I y J 1 ..AY. DRryEWAY 12 — OCoWenest RIVEROAKS CORPORATE CENTER & stone BEACON PARTNERS �r: 4 it Ilt 1`� I I t \ I't , V t I 7E V PROPOSED DRIVEWAY REMOVED N I DRIVEWAY H 1 FUTURE ' BUILDING B U 210,000 SF UPDATED SITE PLAN �J Pm) t No. 4086 Issued 0527.15 ' EXOSIINC CONSERVATION AREA CONSfAA S VVAITION ONSTRICT \♦ 1 \ APPROXIMATE f DISTURBED �. Lurs. TYPX/ \ r' J- •1 ♦ 1PPROMMATE LIMITS OF 2.1 SLOPES 1 \�� \J- /'" • WATERS APPROXIMATE •'I 1� auAUiv � LAM OF 2:1 SLOPES .APPROXIMATE TOE OF 21 SLOPE - \ \ \ ♦�', �' • I/ f �, `\ �, / f -�,\ I S1- STREAM IMPACT.* y +• I �I / _ - 100 LF UP Arnmicom NV •� '� f /' \, \ ' ". :; , - - - S2- STREAM IMPACT: 120 L F* � � �tS/C j'�cY- \ `� ♦�,±� APPIDI�BI -16oLN '/• _ : \ /" , `�` A PERMIT " TION BASIN WI- WETLAND IMPACT AREA.* ,�7i ' \ �i�I ! • WATER 0.03: AC m QUAi CJ A 1 , 4 &Aa \ APPROVED A /' . Yei :2 O IMPACT AREA.* .2e AC UNIT; NOT -�- I� �`♦ `_ _~� �� _ /� *mil' APPLICABLE /" / -/" op 1 ♦ \t I / WATER mlio Ac SF EIfISMNO l - • �' 0J ppOp/ O RUTS _ a;,_ -/ a v� :� 'L1 / U7 + w4- WETLAl10 IMPACT AREA: 0.046 AC �` x�� ♦` �\` 1A / / SOOOP�Y�R + S3- STREAM 1261 lF \a\ ♦♦ /'/ ��G \0 36 ���\,� p8 +PHASE 2 IMPACTS + M3 -WEMND IMPACT AREA: 0.012 AC \ ♦ IMPACTS IN PHASE 1 \ , MITIGATION HAS BEEN ' BMP'S ARE DESIGNED IN ACCORDANCE WITH NORTH ` PROVIDED THROUGH CAROLINA DIVISIONOF WATER QUALITY, USACE CRITERIA, PAYMENT TO NCEEP AND CITY OF CONCORD UNIFIED DEVELOPMENT ORDINANCE. + RIVEROAKS CORPORATE CENTER UPDATED WETLAND EXHIBIT O ti BEACON PARTNERS Project No. 4086 issLI�li 5.27.15 SCALE:1° =300 0 150 30 0 600 1 011 � IIt r �► eA i W1- WETLAND IMPACT AREA: 0.034 AC PERMANENT NCDOT DETENTION BASIN ColeJenest RIVEROAKS CORPORATE CENTER EXHIBIT y & Stone BEACON Pro j. No. 4086 SCALE: 1 " =50' Issued 5/27/15 0 25' 50' 100' NT of of SNrrs US DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASIIEVll.LE, NORTH CAROLINA 28801 -5006 August 21, 2014 Regulatory Division Action ID: SAW- 2013 -01263' Mr. Jon Morris Beacon Development Company 610 East Morehead Street Charlotte, North Carolina 28202 Dear Mr. Morris: Please reference your Department of the Army (DA) permit dated May 5, 2014, in which we authorized the placement of fill into 1.15 acres of wetland and 1,503 linear feet of stream, associated with the development of an industrial park in Cabarrus County, North Carolina. Also reference the previous modification letter issued on May 14, 2014, authorizing a 50 linear foot impact reduction to Phase I of the project. Payment was made to the NC Ecosystem Enhancement Program ( NCEEP) for Phase 1 mitigation and construction is ongoing. On June 27, 2014, another request to modify this permit was submitted in which the applicant proposed significant changes to the original construction plans within Phase U. Based upon information submitted, there would be a Phase 11 reduction of 972 linear feet of stream impacts and 0.08 acre of wetland impacts. Phase II stream impacts would be revised from 1,233 linear feet to 261 linear feet and wetland impacts would be revised from 0.14 to 0.06 acre of impacts. Since no additional impacts are being proposed for wetlands and both the stream and wetland impacts are being reduced for this project, your previous DA permit is hereby modified to include this new impact amount and plans as submitted in the June 27, 2014, request. All terms and conditions from your previous DA permit authorization will remain in force except for Special condition `a)'. Special condition `a)' has been updated below to incorporate approved plan modifications. Special Condition a): All work authorized by this permit must be performed in strict compliance with the attached plans dated July 2, 2013, updated September 10, 2013, updated April 27, 2014 and again on June 27, 2014, which are a part of this pen-nit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. As stated in your permit conditions, construction within jurisdictional areas on the property for each phase shall begin only after the pen-nittee has made full payment to the NCEEP in accordance with time provisions outlined on the most recent version of the Compensatory - 2 - Mitigation Responsibility 'Transfer Form. The requirements of this form, including; any special conditions listed on this form, were incorporated as special conditions of this permit authorization. A revised Compensatory Mitigation Responsibility Form is enclosed reflecting the approved modification to Phase 11 of this project. If you have questions, please contact Mr. Steve Kichefski at the Asheville Regulatory Ficld Office, telephone (828) 271 -7980 extension 234. Sincerely, f Scott Jones, P Chief; Asheville Regulatory field Office Enclosure: Revised Phase 11 Compensatory Mitigation Responsibility Transfer Dorm cc: (with enclosure) Mr. Alan Johnson NCDENR - Division of Water Resources 610 Last Center Avenue, Suite 301 Mooresville, North Carolina 28115 Ms. Jennifer 13urdettc NCDRNR - Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699 -1617 Mr. Leonard S. Rindner Wetlands & l -'nvironmental Planning Group 3714 Spokeshave Lane Matthews, North Carolina 28105 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 7, 2014 Beacon Partners, Inc. Attn: Mr. Jon Morris 610 E. Morehead Street Charlotte, NC 28202 John E Skvarla, III Secretary DWR # 13 -0781 V2 Cabarrus County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions RiverOaks Corporate Center USACE Action ID. No. SAW -2013 -01263 Dear Mr. Morris: Attached hereto is a copy of Certification No. 3974 issued to Mr. Jon Morris and Beacon Partners, Inc., dated August 7, 2014. This certification replaces the previous certification issued on October 30, 2013. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. 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 150B 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 htto: /Iwww.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). 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. Division of Water Resources - 401 8 Butter Permitting Unit 1617 Nail Service Center, Raleigh, North Carolina 27699.1617 Location, 512 N, Lisbiry St Raleign, North Carolina 276Q4 Phone. 919 - 807.6303 t FAX 919.807.6494 Internet vvww.ncvvaterquality.org An Em;o CriWinq 141hma3NC kfW EMPc"1e1- Mude it w. C'revede0 Pam Beacon Partners, Inc. DWRtt 13 -0781 Individual Certification $$3974 Page 2 of 8 Mailing address for the OAH: if sending via US Postol Service If sending vio delivery service (UPS, Fedfx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mall 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 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Contact Alan Johnson at 704 - 663 -1699 x2200 or alan.lohnsonQncdenr.eov or Jennifer Burdette at 919 -807 -6364 or jennifer.burdette0ncdenr.eov if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Unit cc: Leonard Rindner, PLLC — via email — len.rindner.pws @gmail.com USACE Asheville Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DWR MRO 401 files DWR 401 & Buffer Permitting Unit filename: 130781V2RiverOaksCorporatePark (Cabarrus)_401_iC docx Beacon Partners, Inc. DWR# 13 -0781 Individual Certification #3974 Page 3 of B NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #3974 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, to Mr Jon Morris and Beacon Partners, Inc , who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division] on,July 26, 2014 and subsequent Information on October 7, 2013; by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on July 31, 2013; and your modification request received by the Division on June 27, 2014 and subsequent information on July 24, 2014 and August 6, 2014. The State of North Carolina certifies that this activity will not violate 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: 1. Impacts Approved Type of Impact Amount Approved i Amount Approved (units) (units) Permanent Temporary Stream S1 100 (linear feet) 0 (linear feet) S2 120 (linear feet) 0 (linear feet) S3 261 (linear feet) 0 (linear feet) Total 481 (linear feet) 0 (linear feet) 404/401 Wetlands W1 i 0.034 (acres) 0 (acres) W2 0 984 (acres) 0 (acres) W3 0.012 (acres) 0 (acres) W4 0.040 (acres) 0 (acres) Total 1.07 (acres) 0 (acres) 2. Compensatory Mitigation Mitigation must be provided for the proposed impacts as specified in the table below. A receipt from the NC Ecosystem Enhancement Program Indicates that 1.0 acres of 404 wetland mitigation credit and 440 linear feet of warm water stream credits have been purchased for Phase 1 of the project. The Division has received an acceptance letter froth the NC Ecosystem Enhancement Program (EEP) to meet the mitigation requirement for Phase 2. Until the EEP Beacon Partners, Inc. DWR# 13 -0781 Individual Certification 43974 Page 4 of 8 receives and clears your payment, and proof of payment has been provided to this Office, no Phase 2 impacts specified in this Certification shall occur. for accounting purposes, this Certification authorizes payment to the EEP to meet the following compensatory mitigation requirement Type of Wetland Phase 1 404 /Wetland Streams Phase 2 404 /Wetland Streams Compensatory Mitigation Required 1.0 (acres) — riparian 220 (linear feet) 0.07 (acres) — riparian 261 (linear feet) 3. Stormwater Management Plan River and Sub -basin Number Yadkin /03040105 Yadkin /03040105 Yadkin /03040105 Yadkin /03040105 The SMP approved by the City of Concord on June 25, 2014 meets the requirements of the 401 Certification Program. The SMP may not be modified without prior written authorization from the City of Concord A copy of the approval letter and the modified SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699 -1617) prior to the commencement of the modifications. 4 The stream downstream of impact area S3, shall be visually monitored by Beacon Partners, LLC for loss of hydrologic function /flow and to determine if the stream continues to provide aquatic life propagation and biological integrity per 15A NCAC 028.0211(l), Visual monitoring shall begin at the time upstream impacts /fill occurs and shall continue on a quarterly basis for three years or until hydrologic function and stability is determined by the Division. Annual reports of visual monitoring and photographic documentation shall be submitted to the Mooresville Regional Office on June 1 of each year. 5. 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 Pre - Construction Notification far this project All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit Beacon Par tners, Inc. DwRrI 13 -0781 individual Cerlification 43974 Page 5 of 8 Sediment and Erosion Control Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site; a. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times 7. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project 8. All wetlands, streams, surface waters, and riparian buffers located within SO feet of the construction area on the project site shall be clearly marked (exarr►ple- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. 9 Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self - monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log Beacon Partners, Inc. DWRh 13 0781 individual Certification 113974 Page 6 of 8 sheets, and other information may be found at: htto: / /r)ortal.ncdenr.orR /web /wq /w►s /su /npdessw#tab -w. 10. Work in the Dry All work in or adjacent to stream waters 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 DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. 11. If concrete is used during the 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 due to the potential for elevated pH and possible aquatic life /fish kills. 12. Placement of Culverts and Other Structures in Waters and Wetlands, Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered and to allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters, streams must be below the elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Additionally, when roadways, causeways, or other fill projects are constructed across FEMA- designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. 13. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. Seaton Partners, Inc. DWR# 13 -0781 Individual Certification 43974 Page 7 of 8 14. All temporary pipes /culverts /riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as not to restrict stream flow or cause dis- equilibrium. 15. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and /or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de- stabilization of the stream bed or banks upstream or downstream of the area. 16. Any riprap used for stream stabilization shall be of a size and density so as not to be able to be carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. 17. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. 18. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers within the project boundaries in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401 &Buffer Permitting Unit website at http:// portal.ncdenr.arajweb /wq /swp /ws /401 /certsandoermits /apply /forms. The text of the sample deed notification may be modified as appropriate to suit to this project. Documentation of deed notifications shall be provided to the Division upon request. 19. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 20. Continuing Compliance Mr. Jon Morris and Beacon Partners, Inc. shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from 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. Before modifying the Certification, the Division shall notify Mr. ion Morris and Beacon Partners, Inc. and the U.S. Army Corps of Engineers, provide Beacon Partners, Inc. DWfi# 130781 individual Certification #3974 Page 8 of 8 public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Jon Morris and Beacon Partners, Inc. in writing, shall be provided to the U.S. 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, 21. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable 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 given a copy of this Certification. Any new owner must notify the Division in writing of their receipt of the Certification and responsibility to comply with all conditions 22. The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion (available at: htty: / /Portal.ncdenr.orp/ web /wq /swo /ws /401 /certsandr)ermits /apply /forms)• 23. This certification grants permission to the Director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. 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. Non - compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and /or civil penalties. This the 7'h day of August 2014 C�/' ;t4' Karen Higgins, Supervisor 401 & Buffer Permitting Unit 3974 Vn NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Jon Morris Beacon Partners 610 East Morehead St. Charlotte, NC 28202 Project: RiverOaks Corporate Park Phase I County: Cabarrus USAC E #: 2013-01263 WQ permit #: 13 -0781 EEP #: 20934 Amount Paid: $233.062 00 Check Number: 1068 Michael Ellison, Director Ecosystem Enhancement Program RECEIPT June 17, 2014 John E. Skvarla, III Secretary The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the compensatory mitigation iequirements of the 401 Water Quality Certification /Section 404 /LAMA Permit(s) issued for the above - referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to NCEEP associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity including SL 2009- 337, An Act to Promote the Use of Compensatory Mitigation Banks, as amended by S.L. 2011-343 The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation requirements indicated below associated with the project pen-nit and agrees to provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the NCEEP is nontransferable. The mitigation will be pet fo►med in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. River Basin Stream Credits HUC (linear feet) Cold Cool Warm Riparian Yadkin 0 0 440 1.0 03040105 Wetland Credits Buffer 1& Il (acres) (Sq Ft.) Non - Riparian Coastal Marsh 0 1 0 0 Refunds of payments made to NCEEP are only approved under certain conditions All refund requests must be submitted in accordance with EEP's refund policy at www nceep.net. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. is rely, i alt Ion Director cc: Eric Kulz, NCDWR Wetlands /401 Unit; Alan Johnson, NCDWR- Mooresville Steve Kichefski, USACF,- Asheville; Todd Tugwell, USACE - Raleigh Len Rindner, agent 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone 919 - 707 -89761 Internet. www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper