20130781 Ver 3_Approval Letter_20150707

4,7
,A
NCDENR
North Carolina Department of Environment and Natural Resourcl
Pat McCrary
Governer
July 7, 2014
Beacon Partners, Inc.
Attn: Mr. Jon Morris
610 E. Morehead Street
Charlotte, NC 28202
Donald van der Vaart
Secretary
DWR # 13 -0781 V3
Cabarrus County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions —
Modification
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 July 7, 2015. This certification replaces the previous certification issued on August 7,
2014. The applicant requested the certification be modified to remove one road crossing (S1) and
increase the width of another road crossing (S2) resulting in no net increase in the amount of
stream impact. 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 htt e ww.ncoa�i.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).
Division of Water Resources - 401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: 919 - 807 -6494
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Beacon Partners, Inc.
DVVR#1]-0781V3
Individual Certification #3974
Page 2 of 8
The petition may be faxed to the OAHat/91g\43I-310O, provided the original andonecopymfthe
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 LSPostal Service: If sending via delivery service (UPS,FmdB,etd:
Office of Administrative Hearings Office ofAdministrative Hearings
6714 Mail Service Center 27l2 New Hope Church Road
Raleigh, N[27699-6724 Raleigh, NC276O9-O285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
16O1 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 25ANCA[O2H.O5OO. Contact Alan Johnson at7O4-GG3-1G99xJ2OOor
[e-mail] or Jennifer Burclett8at918-8O7-G364oriemni'fer.bUrdette@ncdenrRQv
if you have any questions or concerns.
Sincereky,
Karen Higgins, Supervisor
. �
401 /& Buffer Permitting Unit
cc: Amanda Jones, Wetlands and Environmental Planning Group via email
(annanda'ones00vvet|ands-epg.conn)
USA[E Asheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30308
DVV8MRO4O1file
DWR 401 & Buffer Permitting Unit file

Beacon Partners, Inc.
DVVR#13-0781 V3
Individual Certification #3974
Page 3of8
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
/0vision\On July 25,2D13 and subsequent information on October 7,2O13; by Public Notice issued
by the U.8. Army Corps nf Engineers and received by the Division Dn July 31,3Ol];your
modification request received by the Division onJune 27,2Ul4 and subsequent information OnJuly
24,ZO14 and August 6,2UI4;and a second modification request received by the Division on June 22,
2015,
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 3O2,3O3,3O6.307of the Public Laws 92-5OU and PL95-217if 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 mfCertification:
1. Impacts Approved
stream
5Z
33
Total
404/401 Wetlands
VVl
VV2
W3
VV4
Total
Amount Approved
(units)
Permanent
| 230 (linear feet)
261 (linear feet)
481 (linear feet)
0.034 (acres)
0i884 (acres)
0.012 (acres)
0.040 (acres)
1.07 (acres)
Amount Approved
(units)
Temporary
Q (linear feet)
0 (linear feet)
0 (linear feet)
8 (acres)
0 (acres)
O (acres)
O (acres)
0 (acres)
2. Compensatory Mitigation
Mitigation nlV5t be provided for the proposed impacts as specified in the table below. A
receipt from the NC Ecosystem Enhancement PrQgn]rn indicates that 1.0 acres of 404 wetland
mitigation credit and 440 linear feet of warm water stream credits have been purchased for
Phase I of the project. The Division has received an acceptance letter from the NC Ecosystem
Enhancement Program /EEP\ to meet the mitigation requirement for Phase Z KJn8}l the EEP

Beacon Partners, Inc.
DWR# 13-0781 V3
Individual Certification #3974
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)
River and Sub-basin
Number
Yadkin/03040105
Yadkin/03040105
0.07 (acres) — riparian Yadkin/03040105
261 (linear feet) � Yadkin/03040105
3. Stormwater Management Plan
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 (1617 Mail Service Center, Raleigh, NC 27699-1617)
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 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. [15A NCAC 02H .0506(b)(5)]
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 02B .0211(1), 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 I 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 for 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 Partners, Inc.
DVVR#l3-O78lV3
Individual Certification #3974
MEMMI
6. 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 NPOES Construction 5tVrrnvvater 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 Orleased 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 Vferosion control measures
and stormwater routing and treatment shall be on site at all times.
Sediment and erosion control measures shall not be placed in wetlands orwaters. 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 i5unavoidable,
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, k4ingr3| 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 5O feet Qfthe
construction area on the project 3itCShaUhe clearly marked (exannple- 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 NCGO10000
An 0PDES[onstruCtiun Stonmwater Permit i5 required for construction projects that distupb
one /1\or more acres Ofland. This Permit allows StVrrnvvaterhnbedischarged during land
disturbing construction activities as stipulated in the conditions of the permit. |f 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 i6required. A copy Ofthe general permit /NC<5O1000O\, inspection log
sheets, and other information may befound at:

Beacon Partners, Inc.
DVVR#13-O78IV3
Individual Certification #]974
Page 6of8
lO. Work inthe Dry
All work inOr 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 N[ 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.
II.|f concrete i6used 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 Qf 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 Sh8Ubein5taUedinSuchamn@nnerthattheVrigin@|Stn2arn
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 ofeach culvert.
Placement Dfculverts and other structures in waters, streams must be below the elevation 0f
the3tr8annbed by one (l) 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 0r flood conditions. Additionally, when roadways,
causeways, or other fill projects an2cVnStruLted across FEK4A-designatedf|oodvvaysOrwetlands,
openings such aS culverts or bridges must be provided tO maintain the natural hydrology Ofthe
system as well as prevent constriction of the floodway that may result in destabilization of
streams orwetlands.
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.
l3. All temporary fill and culverts shall beremoved and the impacted area returned tonatural
conditions, within GO days ofthe determination that the temporary impact i5nOlonger
necessary. The impacted areas shall b8 restored tooriginal 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 tQ prevent erosion.
14. All temporary pip2s/Culverts/rprgp pads etc, shall be installed in all streams @6 outlined inthe
most recent edition Qf the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium.

Beacon Partners, Inc
DVVR#13-07D1V3
Individual Certification #3974
Page 7of8
15. Any hprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall bS restricted tO the area directly impacted by the approved
construction activity. All riprop shall be buried and/or "keyed in" such that the original stream
elevation and Streamnbank contours are restored and maintained. Placement O[ripraporother
approved materials shall not result in cle-stabilization of the stream bed or banks upstream or
downstream of the area.
IG. Any hpr8p used for stream stabilization shall beOfJ size and density sOas not tObe able tnbe
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 Str88nobedexcept
in specific areas required for velocity control and to ensure integrity ofbank stabilization
measures.
27.A one-time app|icationOf6ertilizertore-estabUshvegetationisaUovv8dindistudJ8d areas
including riparian buffers, but is restricted tono closer than I0 feet from top of bank ofstreams.
Any fertilizer application must comply with all other Federal, State and Local regulations.
l8. Deed notifications Br similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers within the project boundariesinordertoaaSureoJnnpU8nCBfOr
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. AsaFnp|e deed
notification can be downloaded from the 4O1 &Ruffer Permitting Unit vvebsiteat
http://PoMLa|.ncdenr.org/vveb/vvq/svvp/vvs/4O1/certsandpernnits/app|v/fornns. The text ofthe
sample deed notification may be modified a5 appropriate to suit tO this project. Documentation
of deed notifications shall be provided to the Division upon request.
I9. This Certification does not relieve the applicant of the responsibility toobtain all other required
Federal, State, or Local approvals.
20. Continuinp, 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
Vf State and Federal law. If the Division determines that such standards 0r 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. Jon Morris and Beacon Partners, Inc. and the U.S. Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing
in accordance with 15ANCACO2H .0504. Any new Orrevised conditions shall be provided t0 Mr.
]on Morris and Beacon Partners, Inc. in writing, shall be provided tothe U.S. Army Corps of

Beacon Partners, Inc.
DVVR#13'0781V3
Individual Certification #]974
Page 8of8
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 aneincorporatedbyreferenceendare
an enforceable part of the Certification. |f you change your project, youmnustnotifvtheDivision
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 ofproject completion (available at:
23. This certification grants permission to the Director, an authorized representative ofthe Director,
orDE0Rstaff, 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, regord|essofthe
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.