20151177 Ver 1_Approval Letter_20151124 (2)

North Carolina Department of Environ�nental Quality
Pat NicCrory
Governor
Massie Flippin
Liberty Properties Limited Partnership
1900 S. Blvd., Suite 302
Gharlotte, NC 28203
Donald van der Vaart
Secretary
Movember 24, 2015
DWR# 15-1177
Mecklenburg County
Subject: APPROVAL of 4Q1 Water Quality Certification with Additional Conditions
Shutterfly Rd. Ext.
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated October,14, 2015 and received by
the Division of INater Resources (the Division) on November 12, 2015. After reviewing your
application, we have determined that this project is covered by Water Quality General Certification
Number 3886 which can be viewed on our web site at http://portal.ncdenr.ora/web/wq/swp/ws/401.
The General Certification allowsyou to use-Nationwide Permit Number 14 once it is,issued to you
by the U.S. Army Corps of Engineers (GOE). Please note#hat 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 Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the Certification
are reviewed prior to initiation of the project. Ih add.ition to #he requirements of the Certification,
you must also comply wifh the following conditions: ` -
1. This approval is only valid for the purpose antl design fhat 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 tofal wetland fills for this
: project (now or in the future) exceed one acre, or of total impacts to streams (now or, in the
._`•- � � future) exceed' 150 linear feet, compensatory mitigation may be required. If th'e 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. 15A NCAC 02H ;0506 and 15A
� NCAC 02H .0507
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2. The Mooresville Regional,Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NGAC 02H .0502 (e)] �
3. Approved Impacts:
Type of lmpact
Stream relocation
Wetland
Amount Approved . . .
0 linear ft.
0 acre
Amount Approved
Permanent lmpact
292 linear ft.
0 acre
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone: [phone]\ Internef: www.ncdenr.gov
An Equal Opportunity\ Affirmative Action Employer=Made in part by recycled paper

DWR# 15-1177
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. A storm water management plan.has been approved. Stormwater discharge structures at
this site stiall be constructed in a manner such that the potential receiving streams (of the
dischacge) will not be impacted due to sediment accumulations, scouring or erosion of the
stream banks. 15A NCAC 02H .0506(b)(5)
7. Mitigation [15A NCAC 02H .0600(h)] must be provided for the proposed impacts as specified
in the table below. The Division has received notification/acceptance, from the.Division of
Mitigation Services to meet this mitigation requirement. Until the DMS receives and clears
your payment, and proof of payment has been provided to this Office; no impacts specified in
this Authorization Certificate shall occur. For accounting purposes, this Certification
authorizes payment to meet the following compensatory mitigation requirement:
Compensatory Mitigation River and Sub-basin Number
Required
Stream 292 (feet) Catawba (03050103).
Wetlands 0 (acr.es)
8. Mitigation Credit: Approval of the restoration plan and issuance of the 401 Water Quality
Certification means that DWR has determined that the proposed activity will not remove or
degrade significant existing uses of the surFace water . The issuance does not represent an
approval of credit yield for the project. (15A NCAC 2H :0506(a))
9. 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. 1_5A NCAC 02H .0506(b)(3)
10. 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)
11. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. 15A NCAC 02H.0506(b)(3)
12. No rock, sand or other materials shall. be dredged from the stream channel except where
authorized by this Qertification. 15A NCAC 02H.0506(b)(3)
13. Discharging hydroseed mixtures and washing out hydroseeders and otfier equipment in or
adjacent to surface waters is prohibited. 15A NCAC 02H.0506(b)(3)
14: The permittee shall report any violations of this Certification to the DiVision bf Water
Resources within 24 hours of discovery. 15A NCAC 02H .0507(c)

� DWR# 15-1177
�
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� 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
htt�://wvvw.ncoah.com/or by calling the OAH Clerk's Office at [phone].
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:OQ am
to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one (1)
copy of the petition along with any applicable 0AH filing fee is received by the 0AH within.five (5)
business.days following fhe faxed transmission. Mailing address for the OAH:
If sending via. US Postal Service: If sending via delivery senrice,(UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 Nevu Nope Church Rd.
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served.on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
- Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Tfiis letter completes the review by the Division under Section 401 of the Clean Water Act:
If you, have anyquestions; please telephone Mr. Alan Johhson in the Mooresville Regional Office
at 704-663-1699 or Ms: Karen Higgins in the Central Office in Raleigh 919-807-6360.
Sincerely, `
l.'� ' , "e_..a-,-�,ry�
�'`��►:.., � �
�
�'��-Michael L. Parker, Regional Supervisor .
Water Quality Regional Operations Section
Mooresville Regional Office; DEQ
Aftachmenfs '. ' � '
cc: William Elliot, Army Corps of Engineers, Asheville (email)
Amanda Jones, WPEG, (email)
t�,�r.��,n�Hi�, .i.�.s.�(etl.ands=U�i.t ;�

DWR# 15-1177
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFfCATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NGAC 2 H.0500, Liberty Property Limited Partnership has
permission as outlined below to impact 292 linear feet of stream in order to proceed with the road
project in Mecklenburg County, North Carolina. All activities associated with these authorized
impacts must be coriducted with the conditions listed in the atfached certification. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMIENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOGATION:
COUNTY:
BAStNISUBBASIN
Impacts•
292 linear feet of stream
Shopton Ridge/Shutterfly Rd. Ext,
Mecklenburg
Catawba (03050103)
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, enhancernent 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-
quarfer acre increments according to 15 2r .0503(b). ,
Niitictation:
292 linear feet total of stream required (1:1 ratio)
Mitiqation: "
292 linear feet of stream by the EEP required for the 401 Water Quality Certification, In
correspondence dated October 13, 2015 the� EEP indicated that up to 300 linear feet of stream
mitigation would be conducted by EEP if available wi4hin the cataloging unit. More may be
reguired 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 tfie appropr.iate amount of payment will be sent to you upon
receipt of this forrn. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL
YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature Date
ECOSY$TEM ENHANCEMENT PROGRAM
DIVISON OF WATER RESOURCES
1652 Mail Service Center
RALEIGH, N.C: 27669-1652

i'
Y
CERTIFICATE OF COMPLETION
NCDWR Project No,:
Applicant:
Project Name:. �
County:
DWR# 15-1177
Date of Issuance of 401 Water Quality Certifcation:
Certificate of Completion
Upori 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 Caxolina Division of Water Resources, 16501VIail 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 Certifcation
I, . , hereby state that, to the best of my abilities, due care and
diligence was used in the observatiori of the construction such that the constructiori 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:
' Agent'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 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 constxuction 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