20150727 Ver 1_Approval Letter_20150803

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr Wesley G. Taubel
TWO Capital Partners, LLC
3445 Peachtree Rd. NE, Ste 465
Atlanta, GA 30326
Subject: Isolated Wetland Impact Authorization with Additional Conditions
Whitehall -Sandy Porter Development
Dear Mr. Taubel
Donald van der Vaart
Secretary
August 3, 2015
DWR# 15 -0727
Mecklenburg County
You have our approval, in accordance with the attached General Permit and those
conditions listed below, for the purpose proposed in your application dated July 20, 2015, and
received by the Division of Water Resources (the Division) on July 22, 2015. After reviewing your
application, we have determined that this project is covered by the attached Isolated and Other
Non -404 Jurisdictional Wetlands and Waters General Permit and the conditions listed below.
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 Permit will expire on March 18, 2017. It is advised that all conditions of
the Permit are reviewed prior to initiation of the project. In addition to the requirements of the
Permit, you must also comply with the following conditions
1. 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 Permit If the property is sold, the new
owner must be given a copy of the Permit and approval letter; and is thereby responsible
for complying with all conditions. 15A NCAC 02H .0506 and 15A NCAC 02H .0507(c)
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H 0502 (e)]
3. Approved Impacts,
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream 0 linear ft. 0 linear ft.
Wetland (isolated) 0 acre 0.935 acre
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone- 704 - 663 -16991 Internet. www.ncdenr.gov
An Equal Opportunity � Affirmative Action Employer— Made in part by recycled paper

DWR# 15 -0727
4. 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. 15A NCAC 02H .0506 (b)(3) and (c)(3)
5 Bare /fill slopes in excess of 10 -feet in height and within 30 -feet of surface waters shall be
matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6 You are required to provide one copy of the approved SMP, including plan details on full -
sized plan sheets, with proof of Mecklenburg County /City of Charlotte'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 Permit
occur After it is approved and submitted to the Division, the SMP may not be modified
without prior written authorization from the delegated program or DWR. 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
7. 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 02H .0506(b)(5)
8 During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers. 15A NCAC 02H 0506(b)(3)
9. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H
0506 (b)(2) and (c)(2)
10. The permittee shall report any violations of this Permit to the Division of Water Resources
within 24 hours of discovery . 15A NCAC 02H 0507(c)
This General Permit 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
htti): / /www.ncoah.com /or by calling the OAH Clerk's Office at (919) 431 -3000.
Within thirty (30) 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 If sending via delivery service (UPS, FedEx, etc)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285

DWR# 15 -0727
One (1) copy of the petition must also be served on DENR as follows
Mr Sam M Hayes, 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,
Michael L Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DENR
Attachments
cc. Army Corps of Engineers, Asheville
Amanda Jones, (email)
Karen Higgins, Wetlands Unit
MRO, Land Quality

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Permit:
County:
DWR# 15 -0727
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification, Permit, 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
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 Permit 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 Permit 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 Permit and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature Registration No.
Date