20070191 Ver 3_Approval Letter_20170703

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Vdutcr Resources
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July 3, 2017
Development Solutions Bry, LLC
Attn: Kim Gualtieri
8430 Rea Rd; Suite F
Charlotte, NC 28277
ROY COOPER
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MICHAEL S. REGAN
Seo'rall'l'
S. JAY ZIMMERMAN
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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 1508 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 http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], 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 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

Mailing address for the OAH:
If 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
If 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 DEN R:
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
[e-mail] or Alan Johnson at 704-235-2200 or [e-mail] 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: 070191v3BrytonDevelopment(Mecklenbu rg)_401_IC

Bryton Development
WQC004117
2007-0191 v3
July 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)
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Site 1 (intermittent)
179 (linear feet)
0 (linear feet)
Site 2 (perennial)
133 (linear feet)
67 (linear feet)
Site 3
0 (linear feet)
15 (linear feet)
Site 4 (intermittent)
41 (linear feet)
44 (linear feet)
Site 5 (intermittent)
206 (linear feet)
0 (linear feet)
Site 6 (perennial)
122 (linear feet)
20 (linear feet)
Site 7 (intermittent)
122 (linear feet)
0 (linear feet)
Site 8 (perennial)
401 (linear feet)
0 (linear feet)
404/401 Wetlands
Site 1
0.0950 (acres)
0 (acres)
Site 2
0.0480 (acres)
0 (acres)
Site 5
0.0349 (acres)
0 (acres)
Site 6
0.0040 (acres)
0.0077 (acres)

Bryton Development
WQC004117
2007-0191 v3
July 3, 2017
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)]:
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. [15A 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 .0502]
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)(3)]:
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.
Compensatory Mitigation
Required
River & Sub -
basin Number
Perennial Stream
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. [15A 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 .0502]
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)(3)]:
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.

Bryton Development
WQC004117
2007-0191 v3
July 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 .05021
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)]

Bryton Development
WQC004117
2007-0191 v3
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.s3.amazonaws.com/s3fs-
public/Water%20Quality/Surface%2OWater%20Protection/401/Certs%20and%2OPermits/samp
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 .02001 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: https://edocs.deg.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 with
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 3rd day of July, 2017
4XW
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/s/h
WQC004117