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HomeMy WebLinkAbout20070191 Ver 4_Modifications_20240709Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID#* Version* 4 20070191 Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity?* Yes No Is this project a public transportation project?* Yes No Reviewer List: * Sue Homewood: Sue. Homewood Select Reviewing Office: * Central Office - (919) 707-9000 Does this project require a request for payment to be sent? Yes No How much is owed?* $240.00 $570.00 $323.00 $767.00 Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Project Contact Information ............................................................... Name: Perry Isner Who is submitting the information? Email Address: perryisner@wetlands-waters.com Project Information ............................ Existing ID #: Existing Version: 2007-0191 3 20170001(no dashes) 1 Project Name: Bryton Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown Is this project connected with ARPA funding? Yes No County (ies) Mecklenburg Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 070324_Bryton_PermitModificationRequest.pdf 23.41 MB Only pdf or kmz files are accepted. Describe the attachments or comments: Permit modification request. Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: Submittal Date: 7/9/2024 Is filled in automatically. 1W& WATERS WETLANDS July 3, 2024 Ms. Samantha Dailey US Army Corps of Engineers Wilmington Regulatory Division Charlotte Regulatory Field Office 8430 University Executive Park Drive, Suite 615 Charlotte, NC 28262 RE: Department of the Army Permit AID# SAW-2015-01762 (Bryton) Permit Modification & Extension Request Ms. Dailey, The purpose of this correspondence is to request a modification and extension of the above issued Department of the Army Permit, specifically pertaining to Impact No. 6, Proposed Road Crossing. This impact was transferred from the original permittee, Development Solutions BRY, LLC to Ardmore Capital Group, LLC in correspondence from your office dated November 23, 2021. At that time, the permit was also extended through August 10, 2024. The applicant, Ardmore Capital Group, LLC, is requesting a modification from the originally permitted road crossing to the new location shown on the attached plans. The project engineer has indicated that the Town of Huntersville requested the modification to the proposed road crossing citing public street connectivity as their reasoning. The proposed alignment of the public roads on the provided plans is reflective of Huntersville's requested layout. The original permit for Impact No. 6 authorized +/- 122 LF of permanent stream impact, +/- 40 LF of temporary stream impact, +/- 0.0040 acres of permanent wetland impact, and +/- 0.0077 acres of temporary wetland impact. The new road crossing layout proposes +/- 135 LF of permanent stream impact; the wetlands have been avoided and no wetland impacts are proposed. An acceptance letter from NC Division of Mitigation Services is included with this request. The applicant is requesting this permit be extended for an additional period of three (3) years in order to accomplish this work. Please don't hesitate to contact me if you have any questions about the provided information or this request. Best regards, Perry lsner 704.773.4239 CHPISTOPHEP HUYSMAN 1 70 DEW DROP ROAD SPAPTA, NC 2B675 336.406.0906 CHPIS.HUYSMAN@GMAIL.COM WETLAND'S &c WATERS, INC. TAMP BANDY 41 ❑B LB PPOPST DRIVE CONOVEP, NC 2B61 3 B2B.302.3437 JTAMPBANDY@GMAIL.COM z oo'9ua-uaeeymmm a 2Oi££-98Zi9££) HNOHd A1NW.0 6&nGN37N]3M Q o W R' O TVLZ OOTIOESNHHUD tlM10-3 H W, CD'3l]b15a31 NNH W J o u 00£ HLIN`IIS `HAV QNROTT'JHlUVE 658E ad 1HD)danVH GGZZI 21 -u_n i c w It -6, m °W = z N NOIAHE IV sMaIA alll-° dd`DNFdAANI-DNH .,,,,,,,,, o zo NV'Id ONIOV2O 31tl0 NOItlM- NdJdH X � Aa 'ON SNO[SfASN f as R ad SNIP 1 dR.,<�< Ed � vl m RR T a C P8.o pt �Ol°I ACT OLD SA $VILLE fzE 5 ,per VILSk:L" 7 0 TE 5 A LE RE lsa am IV WNW4,10000011111 ggi a'- _ 0 d�€- Z o -g 8a gym`" �a �'=� Z o9ua-uaeeymmm _ wo O 09££98Z i9££) HNOHd ALNnCJ ZN118N37xJ3w w M O TVLZ ON`OTIOESNHHUD eNnoaeJ .111 '3-n/n5a31- o s_ z > > O oo£H.LIRS `aAV aNnoxxJHzuva 658£ oa LHOIa9WVH p W _ ° ° N �d `rJNRI��IIrJN� NOlazla z� sM�In �xz o z z SQ II3023d .„ a LL O NHDVII ❑ u NJISQQ L23QAIf13 "° MOISU29 a �" Y imin, MIM iNor In or IN I■ ■► ■ r I■ took ■ ■ ■■. ■ on. ■ MEN ■ rRRY ST N 20' � FeR nRc- — w TREMBLE 0 0- 25BUILD-xO-BA GE— I � ¢�3 i cb � 9z C < LFJ ,Zb ,00'69L=NI = HL -aa d3i „bz £9'SLL=Lno NI 00'SBL=LVO NL z-3- IA b'b\ bz dad „ba ,DO 9LL=w nw L LLL=LVOdHL L-JJ slA fires RES Aster, LLC Stream Mitigation Bank Statement of Availability June 30, 2024 U.S. Army Corps of Engineers Samantha Dailey Charlotte Regulatory Field Office 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 Re Project: Bryton This document confirms that the Ardmore Capital Group, LLC (Applicant) for the Bryton (Project) has expressed an interest to utilize 13.00 Stream Mitigation Credits from the RES Aster sponsored RES Yadkin 05 Umbrella Mitigation Bank, specifically 73.00 Stream credits from the Cardinal site, in the Yadkin HUC 03040105. As the official Bank Sponsor, RES Aster, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1055 or astaley@res.us if you have any questions. Best Regards, Amy Staley Credit Sales Manager Bank Sponsor— RES Aster, LLC 4 WATER & LAND' - SOLUTIONS Upper Rocky Umbrella Mitigation Bank Statement of Availability June 28, 2024 U.S. Army Corps of Engineers Kimberly Browning Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Bryton Project This document confirms that Ardmore Capital Group, LLC (Applicant) for the Bryton (Project) has expressed an interest to utilize 13.00 Stream Mitigation Credits from the Water & Land Solutions, LLC sponsored Upper Rocky Umbrella Mitigation Bank, specifically 13.00 stream credits from the Upper Rocky Site, in the Yadkin HUC 03040105. As the official Bank Sponsor, Water & Land Solutions, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. This Reservation Sales Agreement shall terminate on September 27, 2024, unless extended by written agreement between the Seller and Buyer, and all reserved credits will no longer be held for the project. If any questions need to be answered, please contact me at 239-322-7276. Best Regards, Riane Welbourne Water & Land Solutions, LLC 7721 Six Forks Road, Suite 130 Raleigh, NC 27615 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 October 26, 2017 Regulatory Division Action ID: SAW-2015-01762 Ms. Kim Gualtieri Development Solutions BRY, LLC 516 North West Street Raleigh, North Carolina 27603 Dear Ms. Gualtieri: Enclosed is a Department of the Army,permit to place fill material in 1,350 linear feet of stream and 0.1897 acre of wetlands to facilitate the construction of Bryton mixed -use residential development. The Corps is issuing this permit in response to your written request of August 29, 2016, and the ensuing administrative record. Any deviation in the authorized work will likely require modification of this permit. If a change in the authorized work is necessary, you should promptly submit revised plans to the Corps showing the proposed changes. You may not undertake the proposed changes until the Corps notifies you that your permit has been modified. Carefully read your permit_ The general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant conditions require that: a. You must complete construction before August 10, 2022 b. You must notify this office in advance as to when you intend to commence and complete work. c. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. d. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. -L- You should address all questions regarding this authorization to David L. Shaeffer at the Asheville Regulatory Field Office, telephone (704) 510-1437. FOR THE COMMANDER Sincerely, Scott Jones Chief Asheville/Charlotte Regulatory Field Office Enclosures cc (with enclosures): ✓Paul Petitgout Lowrys Environmental & Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 NOAA/National Ocean Service 1315 East -west Hwy Room 7316 Silver Spring, Maryland 20910-3282 U.S. Fish and Wildlife Service 160 Zillicoa Street Asheville, North Carolina 28801 Dr. Ken Riley National Marine Fisheries Service Habitat Conservation Division 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Todd Bowers U.S. Environmental Protection Agency Water Management Division Wetlands Protection Section Region IV 61 Forsyth Street, SW Atlanta, Georgia 3 03 03 -3- Mr. Doug Huggett Division of Coastal Management N.C. Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557 Dr. Pace Wilber National Marine Fisheries Service 219 Fort Johnson Road Charleston, South Carolina 29412-9110 cc (via email): NC T)ENR - Division of Water Resources DEPARTMENT OF THE ARMY PERMIT Permittee Development Solutions BRY, LLC:, Kim Gtlaltieri Permit No. SAW-2015-01762 Issuing Office CESAW-RG-C NOTE; The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work to accordance with the terms and conditions specified below. Project Description: This permit authorizes the grading and placement of fill material in 1,350 linear feet of stream and 0.1897 acre of wetlands to facilitate the construction of Bryton mixed -use residential development. The project would result in the loss of 1,204 linear feet of stream and 0.182 acre of wetlands and temporary impacts to 146 linear feet of stream and 0.0077 acre of wetlands. This development would contain single family residential, multi -family residential, light commercial, and green space. The proposed project is part of an effort to bring a multi -faceted, pedestrian and Transit Oriented Development to northern Mecklenburg County, North Carolina. Project Location: The site is located in the northeast quadrant of the intersection of Hambright Road and NC-116 (Old Statesville Road) in the town of Huntersville, Mecklenburg County, North Carolina. The project area includes a ±217- acre assemblage of parcels located north of Hambright Road (see Figure 1). P1Ns: 01911108, 01911117, 01.911.1.18, 019111371 01911139, 01911140, 01913151., 01913152, and 019131777. Latitude - 35.38027, Longitude-80.82757. Permit Conditions: General Conditions: I . The time limit for completing the work authorized ends on august 10, 2022 if you find that you treed more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached, 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. ENG FORM 1721. Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 Oppendix A)) 4, if you sell the property associated with this permit, you must obtain the signaturc of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. if a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such. conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit, Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: { ) Section 10 of the Rivers and harbors Act of 1899 (33 U.S.C. 403). { X) Section 404 of the Clean Water Act (33 U.S.C. 1344). { ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). Z. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability, In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted. project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. 2 e. Damage claims associated withh any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data, The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. S. Reevaluation of Permit Decision. This office .may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the or public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326,5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective treasures by contract or otherwise and bill you for the cost. G. Extensions. General condition i establishes a time limit for the completion of tiie activity authorized by this permit, unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature bel as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. O -r4e.,- f 8' U r (PERN40 ; Development Soluti ns BRY, LLC° (0.4 M) This permit becomes effective when the Federal official, designated to act for the Secretary of.the Army, has signed below. Y 2.0 .._ _._.__-_.._-__........_._....___.....__ (t71. C'DMrLfA ) Cnl. Rohert J. Clark �..(17A7"L') When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its tears and conditions, have the transferee sign and date below. (TRAMVEREE) (DATE) `U S_ G(ivtt[ NMENT ?RfN rrriG OFFICE 1986-'Sa-425 SPECIAL CONDITIONS Failure to institute and carry out the details of the following special conditions below (listed as a- s) will result in a directive to cease all ongoing and permitted work within waters of the United States, including wetlands, associated with the permitted project, or such other remedies and/or fines as the U.S. Army Corps of Engineers District Commander or his authorized representatives may seek. Special condition 1: All work authorized by this permit must be performed in strict compliance with the attached plans dated July 26, 2017, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. Special condition 2: Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. Special condition 3: Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. Special condition 4: The Permittee shall schedule an onsite preconstruction meeting between its representatives, the contractor's representatives and the appropriate Corps of Engineers Project Manager prior to undertaking any work within jurisdictional waters and wetlands to ensure that there is a mutual understanding of all terms and conditions contained within the Department of the Army permit. The Permittee shall notify the Corps of Engineers Project Manager a minimum of thirty (30) days in advance of the scheduled meeting in order to provide that individual with ample opportunity to schedule and participate in the required meeting. Special condition 5: All mechanized equipment will be regularly inspected and - maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-3300 or (800) 858-0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Special condition. 6: White accomplishing the authorized work, if the permittee discovers any previously unknown Federally endangered or threatened species, the District Engineer will be immediately notified so that required coordination can be initiated with the National Marine Fisheries Service and U.S. Fish and Wildlife Service. If, at any time, a Federally protected species is incidentally injured or killed during work, all work operations must be immediately halted and the permittee must immediately contact the District Engineer to initiate the required Federal coordination. Special condition 7: While accomplishing the authorized work, if the permittee discovers any previously unknown cultural resources, the District Engineer will be immediately notified so that required coordination can be initiated with the North Carolina Division of Cultural Resources. Special condition S: The permittee shall advise the Corps in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. Special condition 9: Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris- from land clearing activities), or unsightly debris will not be used. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act. Special condition 10: The permittee shall take measures to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with any water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with concrete shall only be returned to waters of the United States when it no longer poses a threat to aquatic organisms (i.e. concrete is set and cured). Special condition 11: The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. Special condition 12: The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution. Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). Fescue will not be planted within wetland areas. Special conditions 13: The permittee shall remove all sediment and erosion control measures placed in wetlands or waters, and shall restore natural grades in those areas, prior to project completion. Special condition 14: The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. Special condition 15: All reports, documentation and correspondence required by the conditions of this permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division, Asheville Regulatory Field Office, c/o David L. Shaeffer, 151 Patton Avenute, Room 208, Asheville, North Carolina 28801, and by telephone at: 704-510-1437. The Permittee shall reference the following permit number, SAW-2015-01762, on all submittals. Special condition 16: Violations of these conditions or violations of Section 404 of the Clean Water Act must be reported in writing to the U.S. Army Corps of Engineers, Wilmington District within 24 hours of the permittee's discovery of the violation. Special condition 17: A representative of the Corps of Engineers will periodically and randomly inspect the work for compliance with these conditions. Deviations from these procedures may result in an administrative financial penalty and/or directive to cease work until the problem is resolved to the satisfaction of the Corps. Special condition 18: In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Special Condition 19: For construction of culverts, measures will be included in the construction that will promote the safe passage of fish and other aquatic organisms. For all culvert construction activities, the dimension, pattern, and profile of the stream, (above and below a pipe or culvert), should not be modified by widening the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts 48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth equal to or greater than 20 percent of the diameter of the culvert. Special Conditin 20: The North Carolina Division of Water Resources (DWR) permit/certification number 4021 was issued for this project on July 3, 2017. Special conditions were issued associated with this water quality permit/certification and a copy of these conditions is attached to this permit. These referenced conditions are hereby incorporated as special conditions of this permit. ATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AN REQUEST FOR APPEAL Applicant: Date IU ?fi12017 Development Solutions BRY LLC. Kim Gualtieri 1 -- Attached is: _— --- �,. Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) _ _ A —� ® PROFFERED PERMIT (Standard Pen -nit or Letter of permission) F3 ❑ PERMIT DENIAL _-__-- C ❑ APPROVED.IIJRISDICTIONAL DETERMINATION i p ❑ PRELIMINARY JURISDICTIONAL DE`I'ERMINAI K).% E SECTION 1 - The following identifies your rights and options regarding an administrative appeal of the above decision. Additionalinf rmation may be found at or httf� /(�� or the Corps regulations at '33 C.FR Part 331 , A: INITIAL PROFFERED PERMIT: You rna} accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because ol'certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the pennit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section 8 below. B: PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, YOU may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial ofa permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. Phis form must be received by the division engineer within 60 days of the date ol'this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD, • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. F. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. "The Preliminary JD is not appealable. if you wish. you tnay request an approved JD (which play be appealed), by contacting the Corps district for further instruction. Also you may provide new infonmation for further -consideration by the Corps to reevaluate the JD. SECTION 11. - REQUEST FOR APPEAL or.OF3JECTIONS TO AN INrl'IAL PROF FERFD PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Descrihe your re t5un� fur uhl cnlin the ltilUn 01'Muir nhlCctiuns to an initial proffered permit in clear concise statements. You may attach additional information to this Form to clarity where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record- Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarity the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: I f you have yLWI;6011s regarding this decision and/or the If yt—mon I v have gticstiotts regarding the appeal prucess you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Attn: David L. Shaeffer Asheville Regulatory Office U.S Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1 OM 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of F'nineers personnel. and any government consultants, to conduct investigations of the project site during the course ol-the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: of aimellant or For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approver! Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1 OM 15, Atlanta, Georgia 30303- 8801 Phone: (404) 562-5137 Compensatory Mitigation Responsibility Transfer Form Permittee: Development Solutions BRY, LLC, Kim Gualtieri Action ID: SAW-2015-01762 Project Name: Bryton Development County: Mecklenburg Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), mu,ciple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* S-digit HUC and Ratin- ninani ns Vnrlkin Pkjar Rncir Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 1,311 rr more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: MM40105. Yadkin River Racin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 1,838.75 Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: nature of Sponsor's Authorized Representative Date of Conditions for Transfer of Compensatory Mitigation Credit: Once this document has been signed by the Mitigation Sponsor and the USACF is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NCDMS confirming their willing and able to accept the applicant compensatory mitigation responsibility,dated 2 27 2017was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn. Todd Tugwell, 11405 Falls of Neuse Rood, Wake Forest, NC27587 (email. todd.tugweli@usace.army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: David L. Shaeffer USACE Field Office: Asheville Regulatory Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Email: davicl,Lshaeffer@usace.army.mil • - a:�— USACE Project Manager Signature S 11 2017 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.miI IMPACT #z -- PROPOSED ROAD CROSSING (STREAM & WETLAND) tl331-F 30,000AC PERM. IMPACT #1 -� 357LF TEMP, PROPOSED LOT FILL & ROAD CROSSING (STREAM & WETLAND) z179LF; t0,0950AC it Li ./ EMPACT ;ItB PROPOSED LOT FILL (STREAM) L .LF SiNGL-,E i-RM1LY }r�µJ; IMPACT #7 PROPOSED LOT FILL GRAPHIC SCALE t122LF -700 0 700 1 inch 700 fl,. IMPACT #3 PROPOSED SEWER CROSSING (STREAM)t15LF {TEMPORARY) MPACT#µ pROPOSFD ROAD CROSSING (STREAMI t41 LF PERM. - �` ^• ✓ '� t44LF TEMP gum IMPACT #5 PROPOSED ROADILOT FILL (STREAM & WETLAND) t206LF, t0.0349AC PREVIOUS IMPACT jNWP 025) ACTION ID: SAW-2015-01752 ACTUAL STREAM IMPACT t107LF ` IMPACT #5 / PROPOSED ROAD CROSSING (STREAM & VXTLAND) t122LF PERM., t40LF TEMP. \ 6040AC PERM.FtO 0077 A - MP. AC \ P11-1 f TVOM DE C39 PEWT INPA-T6=MPLE7ED Bry4on ParkuraV Pneaa S RoaeumV �,mas�p 107 LF €)aec- Rea' TYPa �.Nhw fmpatl ilZ RnW FM Sl.eem 67 Lt. Impact /3 Il{dllY ${roam 15 U. Impatl /A Roap Fip Stream u t, 1, m9ac{ Raetl FVI Wl J4 LI nnpatl ft Reae Fill Vded— O,- A, Td8134a1m Iµ Lt.. L TdeI Vu{a{lar:8a noon Ae. uuwuU nvj uuwuU nvj Impact iMPACT #1 F ROPOSED LOT FILL & ROAD CROSSING (STREAM & VIETLAND) t179LF; tU,0950AC � I m .IMPACT#2 PROPOSED ROAD CROSSING (STREAM & VOTLAND) PROPOSED ROAD RCSSiNG t133LF. tO.0440AC PERM. (STREAM) t41 LF PERM. t67LF TEMP.. #44LF TEMP. i - IMPAC PROP[ (STRE, (fcMP, GRAPHIC SCALE i -2oa 0 ,aa 20a SUB -AREA #1 1 inch -zoo et- PLAN VIEW -PROPOSED IMPACTS #1, #2, #3, #4, & #5 IMPACT #1 PLAN VIEW - PROPOSED LOT FILL & ROA❑ CRnssiN(-, Bryton Town of Huntersville, North Carolina 4m R. Joe Harris & Associates, Inc. Engineering • Planning • Management I?,�Fkr,r-,...x r�rnc +x�rc ll,r, F,r�wulLtir'. :•rru3 {lNLl)xlr3-r N�l�,w.likl]]nfr:+fie i I TiACTMP. — IMPACT (TYP.) GRAPHIC SCALE °' 20' 40' 80• 1 inch — 40 ft. PROPQSE-P MECKI-FNBURG COUNTY GRrENWAY TRAIL 5 VIM BUFFER (TYP.) , L IMPACT #2 PROPOSED ROAD s '. CROSSING (WETLAND) ±0.0480AC PERM. ~ LINE'CHANNEL TO ' OHiWftELEVATION f _ WITH RIPRAP ARMOR FOR ?ALE UPSTREAM i - A DOWNSFRFAM OF-. _ CULVERT (.SEE FIG 16- IMPACT#2 PkO.pQSED RO.AQ CROSSING (STREAM) TYPICAL CULVERT +1.331aF PERM.. BAFFLE (SEE-FiO _ ±67L1= TEMP. (HATCH) 19 & 20} iMPACT FOR RETAINING WALLICULVtW- INSTA.LLATION IMPACT #2 PLAN VIEW - PROPOSED ROAD CROSSING WPORARY IMPACT AREAS IM1?LL BE RETURNED TO PRE— CONS TRUC77ON CONTOURS Bryton TOWI1 ul Hunlersville, North �.;arullna R. Joe Harris & Associates, Inc. 3G Date: 07-26-20I Rev; Engineering • Planning • Management 40 — . . - -- ..._ ._. _... . IMPACT #2 PROFILE VIEW - CENTERLINE OF ROAn rRn�ctr.,r� Bryton fu4vu ul liuntc;ratiille, Nui�ii Caii�lina N7 R. Joe Harris & ASsocmlcs, Inc. Eng€nccring •Planning • Management i •, n,n � .�,r� n��s����ioi. rm ni�n, sr .xirw �n�ii w�,.i �,., ram.: �wr,.wi,nw., IMPACT #3 PLAN VIEW - PROPOSED SEWER CROSSING IPORARY IMPACT AREAS IMLL BE RETURNED TO PRE—CONSMUC770N Q Bryton I Own «i HUntersville, North Carolina 1G Date: 07-26-201 Rev., R. Joe Harris & Associates, Inc. Engineering - Planning • Management I"11,1,i'-i.,,v I .,. 1n1.1-a M1IJl.a�. 'i..tt iX III NU.t 4, 1.¢.-I,J uU:.w 0 fr HOIR. SCALE: 60 0 30 60 PROJECTED 1�10 YEAR 1 inch = 60ft. FLOOD ANAL .SIS VER. SCALE: Il - 6 0 s s goo 1 inch = 6ft. a a7o z'i 0 ai Z a > > z�z ' I � f 74dt5.100 LF - 8" ]I PRESSURE CLA: O 7 i I zz 25'W x 321 x11'I] RECEIVING PIT Ijj 109.68 LF - CIF? 8" MP PRESSURE CLASS 350 TYPE III BEDDING @ 10.0n I 25'W x 32-L j 151) w BORE PIT N uj M W Z 2 p a Z - tO F- [izp zzy Cl- 690 » W w 70.41 LF - 8' DIP @ 0-50% W146 LF - 18" STEEL CASING PIPE (T=0.25") 3 SPIDERS REQ FOR EACH LEG. OF CARRIER PIPE 2+00 3+?00 IMPACT #3 PROFILE VIEW - OPEN CUT SEWER LINE CROSSING STREAM Bryton Towa of i-iLMCh'ville, North Carolina a R. Joe Harris & Associates, Inc. Engineering • Planning • Management En u�o cry o�,., s,,,i<io i, i .. Min. ac. tiaw iwn7 Luc-i ;w ru: �nn�;waawm� IMPACT #4 PLAN VIEW- PROPOSED LOT FILL & ROAD CROSSING Bryton l uwn 01 Huntersvillc, Nurth Carolina R. Joe Harris K Associates, Inc. Engineering • Punning • Management 3'rl.....MW_Sc. _rN�y Iw1.S]!q�_'.1'�hr lus. fWl�l!Yr_�scYO IMPACT #5 PLAN VIEW - PROPOSED LOT PILL Bryton Town d Howersville, Nurlh Carolina 9G Date: 07-26-201 Rev, R. Joe Harris & Associates, Inc. Engineering • Planning • Management 1'_�Ikni.u.vlYnvc .wilt loll, I�.�n Mill, til'. 2tiTar 4;pinlgll�-ITa F.r'(:a13Jau�y�, TEMP. ifiAPACT (TYP i COFFER CAM W1 PUMP AROUND _ T(Y-SE USED (sFf�Flc ia) I- I MPACT #6 PROPOSED ROAD CROSSING (WETLAND.). t0.0040AC -PF_R M,, t0:0077AC TEMP., (HATCH) IMPACT FOR -HEADWALL INSTALLATION GRAPHICSCALE -. 6' 20. 4080, 1 inch `= 40 ft. IMPACT #6 PROPOSED ROAD GROSSING (STREAM) t122LF PEPM., t40LF TE�MP.`(HATCH, IMPACT FOR CULVERT INSTALLATION J _ LVECHANNE1,70 -..... (7H!MV ELL k _VATION-........ -. VIATH RIPRAP ARMQB FOR 2QLF-7P9TRF..AM A DOWNSTRFAW)IF .- .-..CLLVERT (SEE FIG 16 & 17) i r \ i IMPACT #6 PLAN VIEW - PROPOSED ROAD CROSSING 4PORARY IMPACT AREAS WILL BE RETURNED TO PRE—CONSTRUC77ON CONTOURS. BrytOn l own of HR. Joe; Harris & Associates, Inc. �Inlenville, Nc}rlh Carolina 3G Late- 07-26-201Engineering • Planning • Management Rev - I IMPACT #6 PROFILE VIEW - CENTERLINE OF ROAD CROSSING Brvton town of H uIItelmiillc, Noitli C:; itil[na ?G Date: 07-26-201 Rev: R—loc Harris & Associates. Inc. E nkinQcrin" •Planning • Managemcnl I." I.]-'L Jjl_P _ do a.,� r IMPACT #8 J PROPOSED LOT FILL (STREAM) tas1LF PREVIOUS IMPACT INW ACTION ID: SA-201S WACTUAL STREAM IMPACTS 4 J 1 GRAPHIC SCALE -104 G 50 �00 1 inch — LOG ft. IMPACT #7 PROPOSED LOT FILL (STREAM) t171LF SUB -AREA #2 PLAN VIEW - PROPOSED IMPACTS #7, #8, SL PREVIOUS 0 GRAPHIC �. E I in — 0 t, r. IMPACT #7 PROPOSED LOT FIL[. (STREAM) t122LF SIRLAM M H X. s PARCEI-HNE. — IMPACT #7 PLAN VIEW - PROPOSED LOT FILL Bryton owci uC HLIAII,,v le, Nunh CarUh[la 3G I Date: 07—?6-2n7 Rav R. Joe Harris & As ,(wiates, Inc. Engineering • Planning • Managcnient IMPACT #S PLAN VIEW - PROPOSED LOT Fit Bryton ItswTi ul HuiiremiHc, Nardi Carolina R. Joe Harris & Associates, Inc. l:n��incrrin�' • l'I.�rmin�� • Ma�zagemcn� NOTES FOR STREAM BANK STABILIZATION- 1 LIVE STAKES SHALL BE APPROXIMATELY 24" IN LENGTH 1 UPON COMPLETION OF STREAM CROSSING WORK, CONTRACTOR SHALL BACKFILL 2. LIVE STAKES SHALL BE. 0.5" — 1.5" IN DIAMETER AT TIME OF PLANTING AND MECHANICALLY TAMP (NO SPECIFIC DENSITY) SOILS INTO PLACE AND DRESS DISTURBED SURFACES, 3- LIVE STAKES SHALL BE BLACK WLLOWOR SPECIES 2. BEGINNING AT A POINT 2' ABOVE WATER SURFACE ELEVATdON, GRASS DiSTURBEQ SPECIFIED BY COEIDHFC OR CONSULTANT AREAS (SEED, FERTILIZER & STRAW MULCH) STREAM BANK, TOP OF BANK AND 24 .t •�. SPECIES SHALL BE DORMANT AT TIME OF ACQUISITION DISTURBED AREAS llPLANO OF STREAM. AND PLANTING AND LOCALLY GROWN/HARVESTED 3, INSTALL COIR F19EP NETIMAT STARTING MINIMUM 12" BELOW WATER SURFACE 5. LIVE STAKES SHALL. BE SPACED 3' 0-C, ELEVATION AND EXTENDING A MINIMUM 5' BEYOND TOP OF BANK. MINIMfM SPECIFICATIONS FOR COIR FIBER NETIMAT AS FOLLOWS- n. LIVE STAKES SHALL BE PLANTED A MINIMUM OF 18" IN • MIN. THICKNESS OF 0,30INCHES DEPTH WITH NO MORE. THAN 4"-6" OF STAKE EXPOSED - 100% COCONUT FIBER AND WOVEN INTO TWINE - AVG. WEiGHTOF 20 CUNCESISO.YD.� a. COIR FIBER NETIMAT SHALL BE SECURELY HELD IN PLACE WITH USE OF WOODEN t A VI' S'L.A.KI- DEET'AIL STAKES AND WIRE STAPLES (AS NEEDED), 5. INSTALL L-IVE STAKES BEGINNING AT WATER SURFACE ELEVATION AND EXTENDING 2 VERTICAL FEET UP THE STREAM BANK. SEE LIVE STAKE DETAIL FOR ADDITIONAL REOUiREMENTS. 8. INSTALL SILT FENCE WAAARE REINFORCEMENT ALONG TOP OF BANK (ADJACENT TO END OF COIR FIBER NETIMAT) FOR VODTH OF DISTURBED SOILS. INSTALL SILT FENCE EXTEND COIR FIBER MAT REINFORCEDWITH HOG F BA K WIRE AT TOP OF BANK (EDGE OF COIR FIBER NETIMAT) COIR FIBER NETIMAT GRASS (SEED, MULCH & FERTiLIZE) REMAIN#NG DISTURBED STREAM BI AREAS INCLUDING TOPS OF BANK {UNDER COIR NETIMAT LIVE STAKE (WILLOWS OR SPECIES APPROVED BY COEIDHEC) FOR FIRST 24" ABOVE NORMAL WATER SURFACE EI-EVATION WATER SURFACE ELEVATION A. - - - ---_ - — EXTEND COIR FIBER Nr.'IWAT " - 12' BELOW WATER SURFACE ELEVATION STREAM BANK STABILIZATION -LIVE STAKE I YPCC'.•1 L. Dlr: [All, N.-]'.S. Bryton Huntersville, North l'arolina 40 <t,t t<UGK (SHOI CR IMPORTI Y BE USED TO REFORM REAM BANK (STACKED), 18" OF IL SHALL COVER STREAM IF FACE OF ROCK STACK. IE OF ROCK TO ANCHOR BANK )PTIONAL) R. Joe Harris & Associates, Inc. Engineering • Planning • Management NOTES FOR STREAM BANK STABILIZATION. 1. UPON coMPLFTION OF 5TRLAM Cr'D*31N3 VYph K uuN f'NAC r c)H ti kALL BAC:KFILL AND MECHANICALLY TAMP (NO SPECIFIC, DENSITY) SOILS INTO PLACE AND DRESS DISTURBED SURFACES. - 2, BEGINNING AT A POINT 16" ABOVE CHANNEL BOTTOM ELEVATION. CUT BANK BACK AT A 1'1 MINIMUM SLOPE TO JUST ABOVE THE TOP OF CULVERT, 3. RIPRAP WILL NEED TO BE RECESSED 12" INTO THE CHANNEL BANK. SO THE BANK WILL NEED TO BE CUT DOWN 12' & GEOTEXTILE FABRIC PLACED INTO THE CUTOUt - 4. GEOTEXTILE FABRIC SHALL BE SECURELY HELD W PLACE WITH USE OF WOODEN STAKES AND WIRE STAPLES (AS NEEDED)- 5. RIPRAP HALL BE PLACE ON THE CHANNEL BANKS AT A DEPTH OF 12". FINAL RIPRAP I-AYER SHOut D LAYER SHOULD BE FLUSH WITH THE REST OF THE CHANNEL St OFF 6. ALL BANK STABl LIZATION SHALL BE PLACED ABOVE HIGH WATER MARK STAPLE FABRIC AT TOP OF - EXISTING TOP OF BANK SLOPE TO PREVENT SHIFtING EXI51 fN0 CHANNEL SLOPF CUT EXISTING SLOPE BACK TC-- -- 1 tSLOPE MINIMUM � -- I i PROPOSED CHANNEL. SLOPE GEOTEXTLLE FABRIC G� QC] OHWM ELEV CHANNEL BOTTOM ELEVATION STREAM BANK STABILIZATION - RIPRAP ARMOR I YPICA[. [WA All. - N.1'-S_ Bryton Humersville, North Carolina R. Joe Harris & Associates, Inc. Engiacerine • planning • Management NOTES FOR TEMPORARY COFFERDAM, 2 INSTALL CLASS I RIP RAP DAM WITH GEOTEXTkE FABRIC UNDERLAYMENT TO DIMENSfONS AND HEIGHT REOL IREC. 2 INSTALL 6" LAYER OF WASHED 457 STONE ON UPSTREAM FACE OF ROCK DAM- 3- TRENCH (TOE) PLASTIC LINER INTO STREAM SEC) AND OVERLAP LINER AS NEEDED TO PROVIDE WATERTEGHT SEAL (MtiY NEED 10 USE GRANULAR SENTONITE. MASTIC OR aTHER FNMA ON MFNT4 I-1„Y SAFE SEALANT). 4 LINER SHALL BE LIURABLE ENOUGH To WITHSTAND WATER PRESSURES EXERTED ON THE MATERIAL ONCE IT FACES THE TEMPORARY COFFERDAM AND BLOCKS WA7ERFLOW. GEOMEMBRANES AND/OR OTHER MATERIALS MAY BE USED. WHILE LINER IS BEING TRENCHED INTO STREAM BED. POSITION BYPASS PUMPS AND HOSES TO INTERCEPT AND PUMP WATER. ONCE LINER HAS BEEN TRENCHED ACROSS ENTIRE WIDTH OF STREAM, ROLL LINER ONTO UPSTREAM FACE OF COFFER DAM AND BEGIN BYPASS PUMPING OF WORK SF7E. 6. INSTALL SANITARY SEWER (TRENCH ACROSS 'DRY' STREAM BED) AND COMPLETE WORK AS DILIGENTLY AS POSSIBLE. RESTORE WORK AREA rO PRE -CONSTRUCTION CONTOURS. 7. ONCE SEWER WORK HAS BEEN COMPLETED, REMOVE COFFER DAMS RESTORE STREAM BED To PRFLCNSTRUCTION CONTOURS, REMOVE AS MUCH STONE AS PRACTICAL FROM STREAM BEA- 8. LIVE STAKE AND COIR MAT STREAM BANKS (SEE DETAIL). 9. STREAM FLOW (WATER SOURCE TO DOWNSTREAM CHANNEL) SHALL BE MAINTAINED AT ALL T{MES VIA FREEFLOLV THROUGH CHANNEL OR FIYPASS PUMPING (AS MUCH AS PRACTICAL.I. 10, BYPASS PUMPS SF{ALL BE OF SIZE AND OUAMTY NECESSARY TO PREVENT WATER FROM OVERTOPPING THE COFFER DAM AND ENTERING INTO THE WORK SPACE. I I. CONTRACTOR MAY STAGE COFFER DAM TO COMPLETE ONE HALF THE SEWER CROSSING AT A TIME, POSSIBLY ELIMINATING NEED FOR TEMPORARY BYPASS PUMPING. 12. ALL SEWER EXCAVATION AND TRENCHING SHALL BE "IN-THE-0RY' AND TRENCHING THROUGH FLOWING WATER 1S NOT PERMITTED 13, PRIOR To INSTALLATION, MANUFACTURER SPECIFICATIONS OF FILTER MEDIA SHALL BE PROVIOED TO THE EROSION GVN TRDI. INSPECT OR FOR APPROVAL AND USE. DISCHARGE FROM FILTER MEDIA SHALL MEET OR EXCEED THE PROVISIONS OF THE CLEAN WATER ACT. 14, ENSURE THAT PUMP PRESSURE ODES NOT EXCEED FILTER MEDIA PRESSURE RACING. 15. FILTER MEDIA MAYBE, BUT NOT LIMITED TO. SAND MEDIA FILTRADGN DEVICES. RATED FILTER FASRIC. BAGS OR POL YMFR BASED DEWATERING PRACTICES. 16. PUMP STRAINER SHALL NOT BE IN CONTACT WITH BOTTOM OF POND TEMPORARY BYPASS PUMP(S) WITH INTAKE AND DISCHARGE HOSES TOP OF BANK S�C 20' MIN... - - - — FLOW �� WIDTH OF CREEK VARIES DISCHARGE INTO FILTER .: BAG (SEE NOTE 13) Gw SANITARY SEWER OR BURIED CULVERT MIN TOP OF BANK CLASS I RIPRAP W GEOTEXTILE FABRIC I I "IN THE DRY" SANITARY DERLAYMRLAYMEIJT 2' MIN SEWER OR ROADWAY HEAVY DUTY PLASTIC LINER, CULVERT INSTALLATION GEOMEMBRANE OR OTHER MATERIAL WITHIN LIVE STREAMS t-5MIN. ABOVE WATER S.EVEL 11 T em- +— NORMAL FLOW WATER s_ FLOW - SURFACE ELEVATION VARIES $ - V_ 6- MIN. OF #57J WASHED STONE �EXCAVATED AND TOED INTO EXISTING STREAM BED/SANDS AT A DEPTH TEMPORARY COFFER DAM DETAIL SUFFICIENT TO ANCHOR I'YPICAI_ I)F'1"AH N I .S. Blyton Huntersv[Ile, Nur(h CarAma Date: 07-26-201 ARev; R _Ire H.-irrig k Asfiocintet, Inc. Engineering • Punning • Management ,.' I,,.nr,,::1 r.n..}iu.r i.,:_r­ Moll, , .­ It43i�"r�2.11'u lx>lnill Nl'�pVin 130' FLOW 12' a a 43' d' )AICiF CIiNC:RETE IIIRISAFFLl- i I YF BOX CULVERT TOP VIEW 4 30' �� FILL MATERIAL TO BE PLAGEI]' 1'1)EPTH BETWEE�IBAF—FEES i LOVJ —> 1 1' % a - e. Hnpt Cc]NCRErE WEIRIBAFFLE BOX CULVERT SIDE VIEW FLOW STREAM SE❑ (1CULVERT BURY} I�FLOW "EXCAVATED STREAM BED MATERIAL TO BE USED AS FILL FOR CULVERT BURY CULVERT CONCRETE WEIR/BAFFLE DETAIL Bryton hunter-willc, Ncxlh E.dFlI�InA -I YPIC'AI CAI fall. - N. ES- PAGE 1 of 2 4mR. Joe .Harris & Associates, Inc. Engineering • Planning •Management 0 12'-----«-1 . IEZ2. CONCRETE WEIRIBAFFLE BOX CULVERT TOP SECTION VIEW � CONCRETE WEIR/HAFFLE 12" .... 1 i '-- 12" `- STEEL REBAR PIN (TYP) SO.C. OR A5 RECOMMENDED BY MANUFACTURER BOX CULVERT FRONTSECTION VIEW 8OX CA ILVERT BOX CLILVL:[- CULVERT CONCRETE WEIR/BAFFLE DFTAIL IYPIC'AI_ IMF I All - N,"l'.S. Bryton Huntersville, North Carolina Dote., 07-26-201 Rev: 4w RETAINING WALL PAGE 2 of 2 R. Joe Harris & Associates, Inc. Enginec;ring • Planning - Management is o Water Resource, Emil mucmaiQuality July 3, 2017 Development Solutions Bry, LLC Attn: Kim Gualtieri 8430 Rea Rd; Suite F Charlotte, NC 28277 ROY COOPER Goucinur MICHAEL S. REGAN S. JAY ZIMMERMAN Dfz ec usr DWR # 2007-0191 v3 Mecklenburg County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions Bryton Development USACE Action ID. No. SAW-2015-01762 Dear Ms. Gualtieri: Attached hereto is a copy of Certification No. WQC004117 issued to Kim Gualtieri and Development Solutions BRY, LLC, dated June 30, 2017. 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 General Statute 150E 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 www.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 5:00prn, 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. State of North Carolina I Environmental Quality 450 VV. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-980o 1 FAX: 336-776-9797 Mailing address for the OAH: !f sending via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Bryton Development WQC004117 2007-0191 v3 July 3, 2017 !f sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, 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 Sue Homewood at 336-8776-9693 or sue. homewood P ncdenr. ov or Alan Johnson at 704-235-2200 or alan.'ohnson ncdenr. ov if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc: Paul Petitgout, Lowrys Environmental & Ecological Services LLC (via email) David Shaeffer, USACE Charlotte Regulatory Field Office (via email) Todd Bowers, EPA, (via email) DWR MRO 401 file DWR 401 & Buffer Permitting Unit file Filename: 070191v38rytonDevelopment(€vlecklenburg)_401_€C Bryton Development WQC004117 2007-0191v3 J u Iv 3, 2017 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION # WQC004117 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 15A NCAC 02H .0500, Kim Gualtieri and Development Solutions BRY, LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on September 1, 2016 and subsequent information on November 4, 2017, January 25, 2017, March 16, 2017, May 17, 2017, and June 13, 2017 and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on August 12, 2016. 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. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) Bryton Development WQC004117 2007-0191 v3 July 3, 2017 2. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Division of Mitigation Services (DMS) 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 Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)1: Perennial Stream Compensatory Mitigation River & Sub - Required basin Number 656 (feet) 03040105 3. You are required to secure an approved stormwater management plan (SMP) from Mecklenburg County for all phases of this project. The approved SMP shall be secured before any impacts authorized in this certification occur. After it is approved, the SMP may not be modified without prior written authorization from Mecklenburg County. 115A NCAC 02H .0506(b)(5)] 4. 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. [15A NCAC 02H .0501 and .05021 5. 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. If applicable, the project must comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site and the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3J]: 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. gryton Development WQC004117 2007-0191 v3 lily 3, 2017 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. 6. 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. [15A NCAC 02H .0501 and .0502] 7. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the 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. [15A NCAC 02H .0506(b)(5) and (c)(5)] 8. 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. [15A NCAC 02H .0506(b)(3) and (c)(3)] 9. 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. [15A NCAC 02B .0200] 10. 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. [15A NCAC 02H .0506(b)(2) and (c)(2)] eryton Development WQC004117 2007-0191v3 July 3, 2017 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. 11. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 calendar 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. [15A NCAC 02H .0506(b)(2) and (c)(2)] 12. 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. [15A NCAC 02H .0506(b)(2) and (c)(2)] 13. 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. [15A NCAC 02H .0506(b)(2)] 14. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, 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. [15A NCAC 02H .0506(b)(2)] 15. 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 found online: http://­­ncdenr.53,amazonaws.com/s3fs- publicWater%20 ualit Surface%20Water%20Protection 401 Certs%20and%20Permits sam le deed notification. pdf. 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. [15A NCAC 02H .0501 and .0502] 16. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project. Bryton Development WQC004117 2007-0191 v3 July 3, 2017 17. Kim Gualtieri and Development Solutions BRY, LLC 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. [15A NCAC 02B .0200] 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 Kim Gualtieri and Development Solutions BRY, LLC 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 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Kim Gualtieri and Development Solutions BRY, LLC 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. 18. 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 and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and .0502] 19. 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: htt s: edocs.de .nc.gov/Forms,/Certificate-of-Completion.). [15A NCAC 02H .0502(f)] 20. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water. This Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority 4rith respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 21. This Certification grants permission to the Director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] 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 Permit. The conditions in Bryton Development WQC004117 2007-0191 v3 July 3, 2017 effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506] 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 3id day of July, 2017 Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAH/slh WQC004117 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 November 23, 2021 Regulatory Division SUBJECT: Action ID SAW-2015-01762 Permit Modification Request Mr. Rudy Newell Development Solutions BRY, LLC 516 North West Street Raleigh North Carolina 27603-1308 On October 26, 2017, the Department of the Army issued a permit to Development Solutions BRY, LLC for the grading and placement of fill material in 1,350 linear feet of stream and 0.1897 acre of wetlands to facilitate the construction of Bryton-mixed use residential development located in the northeast quadrant of the intersection of Hambright Road and NC-116(Old Statesville Road) in the Town of Huntersville, Mecklenburg County, North Carolina. A written request for a permit modification was received on September 8, 2021, for an extension of the work deadline and the addition of two new permittees based on certain project components being conveyed to these parties. I have determined that the proposed project modifications described above are not contrary to thepublic interest and are consistent with the 404(b)(1) Guidelines and therefore, the DA permit is hereby modified. The additional authorized work shall be completed in accordance with the attached drawings. All other conditions of the original permit remain applicable. The permit is modified as described below. 1) Extension of the date for completion of work from August 10, 2022 to August 10, 2024. 2) Incorporate Ardmore Capital Group, LLC, D.R. Horton, Inc., and Development SolutionsBRY, LLC as joint permittees under SAW-2015-01762. A description of each perm ittee's project component as it relates to specific authorized impacts is listed below. (a) Ardmore CapitalGroup, LLC: (i) Impact Number 6 for a proposed road crossing consisting of 122 linear feet (permanent stream impact), 40 linear feet (temporary stream impact), 0.004 acre (permanent wetland impact), and 0.0077 acre (temporarywetland impact). -2- (b) D.R. Horton, Inc.: (i) Impact Number 2 for a proposed road crossing consisting of 133 linear feet (permanent stream impact), 67 linear feet (temporary stream impact), and 0.048acre (permanent wetland impact); (ii) Impact Number 4 for a proposed road crossing consisting of 41 linear feet (permanent stream impact) and 41 linear feet (temporary stream impact); and, (iii) Impact Number 5 for a proposed road crossing and lot fill of 206 linear feet (permanent stream impact) and 0.0349 acre (permanent wetland impact). (c) Development Solutions BRY, LLC: (i) Impact Number 1 for a proposed road crossing and lot fill consisting of 1791inear feet (permanent stream impact) and 0.095 acre (permanent wetland impact); ii) Impact Number 3 for a proposed sewer crossing consisting of 15 linear feet (temporary stream impact); iii) Impact Number 7 for proposed lot fill consisting of 122 linear feet (permanent stream impact); and iv) Impact Number 8 for proposed lot fill consisting of 401 linear feet (permanent stream impact). This approved modification should be attached to the original permit and will be utilized for futurecompliance reviews of the project. All conditions of the original permit remain applicable, and thenew expiration date is August 10, 2024. If you have questions, please contact Mr. Bryan Roden- Reynolds at the Charlotte Regulatory Field Office, telephone (704) 510-1440. FOR THE COMMANDER Bryan Roden -Reynolds 2021.11.23 07:49A 4 -05'00' FOR M. Scott Jones, PWS Chief Asheville/Charlotte Regulatory Field Offices Enclosures cc (with enclosures): NOAA/National Ocean Service 1315 East-West Highway Room 7316 Silver Spring, Maryland 20910-3282 -3- Dr. Ken Riley National Marine Fisheries Service Habitat Conservation Division 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Byron Hamstead U.S. Fish and Wildlife Service 160 Zillicoa Street, Suite B Asheville, North Carolina 28801 Mr. Todd Bowers U.S. Environmental Protection Agency Wetlands Protection Section — Region IV Water Management Division 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Jeffrey Poupart NC Department of Environmental Quality Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1671 Ms. Sue Homewood NC Department of Environmental Quality Division of Water Resources 450 West Hanes Mill Road Suite 300 Winston Salem, North Carolina 27105 Division of Coastal Management N.C. Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557 Dr. Pace Wilber National Marine Fisheries Service 219 Fort Jackson Road Charleston, South Carolina 29412-9110 Brantley White Ardmore Capital Group, LLC 235 N. Edgeworth Street Greensboro, North Carolina 27401 in Marty Davis D.R. Horton, Inc. 8001 Arrowridge Boulevard Charlotte, North Carolina 28273 cc (via email) (with enclosures): Aaron Shier - Boardman Land Partners ash ier(a)board man land. com Exhibit A Ardmore Capital Group, LLC or its assigns Impact No. 6 Plan View -Proposed Road Crossing Impact No. 6. Profile View -Centerline of Road Crossing TEMP. IMPACT (TYP.j COFFER CAM WI PUMP AROUND Td-BE USED \SEE FIG is) IMPACT #6 PROP. OSED'ROALI CROSSING (WETLAND) tA.004' AC PERM.. -iFO:0077AC TFMP...(HATCH) IMPACT FZJ"EADWALL INSTALLATION GRAPHIC SCALE 0, 20' 40 so' 1 inch = 40 ft. IMPACT #6 PROPOSED ROAD GROSSING (STREAM) t1227 F PERM., t40LF TAMP. (HATCH$ IMPACT FOR CULVERT INSTALLATION LWF CHANNEL TO GHWN ELEVATION ... WTH RIPRAP ARMA#2 FOR 20LPLTPSTRFAM & DOVvN5TRFAMdF ZULV RT(8EE FIG 16 \ a 17) r IMPACT #6 PLAN VIEW - PROPOSED ROAD CROSSING IPORARY IMPACT AREAS WILL BE RETURNED TO PRE -CONSTRUCTION CONTOURS. BrytOn 1 own uR. Joe Harris & Associates, Inc. l Hunlrrsville, North Carolina Engineering • Planning • Managcrnent 1G Date: 07-26-201 Rev: M Scale: AS SHOWN f r ure: ]D I M PACT #6 PROFILE VIEW - CENTERLINE OF ROAD CROSSING Bryton ruwn ul I Iuiuer�cillc, �urlh ('<Irulina 3G Date: 07-26-201Rev.* R—loe Harris h Associates. Inc. Enkiriccrin, • Planning • Managenicnl Exhibit B DR Horton Inc. Impact No. 2 Plan View -Proposed Road Crossing Impact No. 2. Profile View -Centerline of Road Crossing Impact No. 4 Plan View -Proposed Lot Fill & Road Crossing Impact No. 5 Plan View — Proposed Lot Fill \ GRAPHIC SCALE 0, 20' 40' 60' �O Q 1 inch — 40 ft. PROPUSE-p MECKLFNBURG COUNTY GR�ENWAY TRAIL ' 5 U11M BUFFER (TYP.) SS IMPACT #2 - •\ I J PROPOSED ROAD \ CROSSING ' (WETLAND) ±0.0480AC PERM. LINE CHANr4EL TO \' f - OHM ELEVATION - - WTH 111PRAtP ARMOR FOR 20LF UPSTREAM I'EMP. - & 701MJ$ RFAM OF IMPACTcu�vER�sEEFe�s (TYP.) iMPA[;T #2 PROPQSEa ROAD CROSSING (STREANr) TYPICAL CULVERT ±7331,F PERM. - RAFFLE (SEE F(Q ±67L1= TEMP. (HATCH) 19 & 20} -'IMPACT FOR PUMP /�fiOUND — COFF ER QAM -M H RETAINING -� ro•et USED - - WALLICULVtR:' _SEE FIG 18j i INSTA.LL.ATION. IMPACT #2 PLAN VIEW - PROPOSED ROAD CROSSING Bryton Town of Huntenville, North tarulina v rnv--"'rva/rcVL,uuN UUNlUUHS R. Joe Harris & Associates, Inc, Engineering • Planning • Managemew IMPACT #2 PROFILE VIEW - CENTERLINE OF ROAn r.RnCCtt\,r-, Bryton "luwu u1 llttfit�ja�ilEr. Nuttli C�tuttlintt 161 4w R. Joc Harris k Associates. inc. Lnginwvring • Plaiuillig • Management 1Pv�kni.uw l'.— N"'. lu', 1—Mw,".". ienh—.iPWi-1.'"-1— IMPACT #4 PLAN VIEW - PROPOSED LOT FILL & ROAD CROSSING Bryton I own ut ttanlersvillu, Ntmft Utrotina �G Date. 07-26-20IJ Rev.- R. Joe Harris & Associates, Inc. Emlineering • Planning •Management GRAPHIC SCALE R�DLc 'n 0' 25' 50' 100' l•k 5 ' R/VV E x inch = 50 ft. IMPACT #5 1' — PRpP9$--0 LOT FILL_„" (' REAM & WLTLAND) " F 10.0349AC RFIAINING WALL (TYP.) RAPHIC SC 25' 50, IMPACT #5 PLAN VIEW - PROPOSED LOT FILI Bryton Town of Huntersaille, North Carolina R. Joe Harris �L' Associates. I tic. Engineering • [Tanning • Management 3C Late- 07-26-901 Rev Exhibit C Development Solutions BRY, LLC Impact No. 1 Plan View -Proposed Lot Fill & Road Crossing (Completed) Impact No. 3 Plan View -Proposed Sewer Crossing (Completed) Impact No. 7 Plan View — Proposed Lot Fill (Completed) Impact No. 8 Plan View —Proposed Lot Fill (Completed) IMPACT #1 PLAN VIEW - PROPOSED LOT PILL & ROAD CRC)Ssiwr, Bryton Town t�l Huntersvilie, North Carolina 4m R. Joe Harris & Associates, Inc. Enginccruig • Planning • Management .,... 11—enu,", 1"," 11.11 1-17w f­Ieuz- 1 r I I . , . II,:InL�MlW IMPACT #3 PLAN VIEW- PROPOSED SEWER CROSSWC1 Bryton I nwn ul HL]ulermille, Ncsrth Canilina ow R. Joe Harris & Associates, Inc. Enginecriu, • Planning • Management IMPACT #7 PROPOSED LOT FILL. {STREAM} ±122LF GRAPHIC o' 26' a; MH 'ARClnL LINE -J �I t 4 I I ■I"1 A ^T -- PLAN VIEW - PROPOSED LOT FILL Bryton Tuwu of HuiatjNvillc, North C',lR)Iinu R. Joc Harris & Associates Inc. Engineering • Planning • Mauagcmcnt IMPACT #8 PLAN VIEW - PROPOSED LOT FILI Bryton Iuwn ul Hunlermilk-, North Caruliml o7- R. Joe Harris & Associates, Inc. Engineering • Planning • Managemenl