20171201 Ver 1_Application Returned_20180130

ROY COOPER
r., Governor
MICHAEL S. REGAN
Secretary
Water Resources LINDA CULPEPPER
Environmental Quality - Interim Director
30 January 2018
DWR# 17-1201
Mecklenburg County
Mr. Andrew Jacobson
McCraney Property Co.
2257 Vista Parkway, Ste. 17
West Palm Beach, FL 33411
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Airport South Project
Dear Mr. Jacobson:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated September 20, 2017 and received by the
Division of Water Resources (the Division) on September 21, 2017 and subsequent information on
October 12, 2017. After reviewing your application, we have determined that this project is covered by
Water Quality General Certification Numbers 4085, 4086, 4094, & 4092 which can be viewed on our
web site at http://i)ortal.ncdenr.org/web/wq/swp/ws/401. The General Certifications allow you to use
Nationwide Permit Numbers 3, 12, 33, & 39 once they are issued to you by the U.S. Army Corps of
Engineers (COE). Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non -Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permits expire unless
otherwise specified in the General Certification. It is advised that all conditions of the Certification are
reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must
also comply with the following conditions:
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us in writing, and you may be required to send us a
new application for a new Certification. If total wetland fills for this project (now or in the future)
exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet,
compensatory mitigation may be required. If the property is sold, the new owner must be given
a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. 15A NCAC 02H .0506 and 15A NCAC 02H .0507
2. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced. 15A NCAC 02H .0502 (e)]
!--Nothtng Compares:-,,.
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

3. Approved Impacts:
Type of Impact Amount Approved
Amount Approved
Temporary Impact
Permanent Impact
Stream 160 linear ft.
300 linear ft.
Wetland 0 acre
0 acre
4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This
includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3)
5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
15A NCAC 02H .0506 (b)(3) and (c)(3)
6. Please provide documentation showing that water quality from the development will not be
impaired. A storm water management plan in lieu of such documentation is acceptable if
approved by a delegated or state authority. 15A NCAC 2H .1000
7. Stormwater discharge structures at this site shall be constructed in a manner such that the
potential receiving streams (of the discharge) will not be impacted due to sediment accumulations,
scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5)
8. Use of native vegetation and other soft stream bank stabilization techniques is recommended
where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it
shall not be placed in the streambed, unless approved by DWR
9. Mitigation [15A NCAC 02H .0500(h)] per the Corps of Engineers must be provided for the
proposed impacts as specified in the table below. The Division has received
notification/acceptance from the Division of Mitigation Services (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 Certification authorizes payment to meet the following compensatory
mitigation requirement:
Compensatory Mitigation
Required
River and Sub -basin Number
Stream 300 (feet)
Catawba (03050103) 1:1 ratio
Wetlands 0 (acres)
10. Mitigation Credit: Approval of the restoration plan and issuance of the 401 Water Quality
Certification means that DWR has determined that the proposed activity will not remove or
degrade significant existing uses of the surface water . The issuance does not represent an
approval of credit yield for the project. (15A NCAC 2H .0506(a))
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2)
and (c)(2)
12. The permittee shall report any violations of this Certification to the Division of Water Resources
within 24 hours of discovery.. 15A NCAC 02H .0507(c)

This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B
by filing a written petition for an administrative hearing to the Office of the Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by
calling the OAH Clerk's Office at [phone].
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee
is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm,
excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one (1)
copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water Act. If
you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-
663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: David Schaeffer, Army Corps of Engineers, Charlotte, email
Len Rindner, WPEG, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality

17-1201
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, McCraney Property Co. has permission as outlined
below to impact 460 linear feet of stream in order to proceed with the Airport South Project in
Mecklenburg County, North Carolina. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS,
COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS)
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
460 linear feet of stream
West Blvd.
Mecklenburg
Catawba (03050103)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of
wetlands as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to the
nearest foot and acreage requirements must be rounded to one-quarter acre increments according to
15 2r .0503(b).
Mitigation:
300 linear feet total of stream required
Mitigation Required:
300 linear feet of stream by the DMS required for the 401 Water Quality Certification. In
correspondence dated April, 28, 2017 the DMS indicated that mitigation would be conducted by DMS
for 300 linear feet of stream if available within the cataloging unit. More may be required if mitigation is
required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is through
the payment of a fee to the DMS per NCAC 2R .0503. If you choose this option, please sign this form
and mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice for the
appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE
ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature
Date
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652