20061122 Ver 2_Approval Letter_20090818

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Beverly Eaves Perdue
Governor

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director

Dee Freeman
Secretary

August 18, 2009
DWQ# 06-1122V2
Mecklenburg County

Mr. Barry James
American Asset Corporation
3800 Arco Corporate Drive, Suite 200
Charlotte, NC 28273

Subject: Moody Lake Office Park
APPROVAL of 401 Water Quality Certification with Additional Conditions

Dear Mr. James:

You have our approval, in accordance with the attached conditions and those listed below, to fill 0.29
acre of wetland and impact 160 linear feet (If) of an unnamed tributary to Coffey Creek in order to construct the
Moody Lake Office Park in Mecklenburg County, as described in your application received by the Division of
Water Quality (DWQ) on August 4, 2009. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3705, which can be viewed on our web site
at http://h20.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit
Number 39 once it is issued to you by the U.S. Army Corps of Engineers. 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 permit expires unless otherwise
specified in the General Certification. 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 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.

In addition to the requirements of the certification, you must also comply with the following conditions:

1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.

2. For those areas not draining to Moody Lake, a final written storm water management plan shall be
approved, in writing, by this Office prior to the construction of any permanent facilities at the site. The
storm water facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly
approved by the Division of Water Quality. Also, before any permanent building is occupied at the site, the
facilities (as approved by this Office or delegated authority) shall be constructed and operational, and the
storm water management plan shall be implemented. The structural storm water practices as well as
drainage patterns must be maintained in perpetuity. No changes to the structural storm water facilities
shall be made without written authorization from the approving authority.
Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748
Internet: www,ncwateraualitv.ora

N<6rth Carolina
;Valurally

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

3. Storm water 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.

4. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be
maintained (or restored via constructed benches) above and below locations of each culvert. If any of the
existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes
installed in a perched manner, the pipes shall be removed and re-installed correctly.

5. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.

6. We understand that payment has been made to the Ecosystem Enhancement Program (EEP) in order to
compensate for the impacts to the streams and wetland. In accordance with 15A NCAC 2R .0402 and 15A
NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC
2H .0506(h) and 15A NCAC 2B .0233(10). If not, the impacts at the site shall not occur and you have one
month from the date of this Certification to make this payment. For accounting purposes, this Certification
authorizes the fill of 0.29 acre of wetland and impact to 160 linear feet of perennial streams in the Catawba
River Basin (Cataloging Unit 03050103). Mitigation is required for 0.29 acre of wetland and 160 linear feet of
stream. Please be aware that the EEP rules require rounding of stream impacts to the nearest foot and
wetland impacts to the nearest quarter acre (15A NCAC 2R .0503(b)).

7. The planting of native vegetation and other soft stream bank stabilization techniques must be used 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 the DWQ.

8. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application.

9. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of land
Resources has released the project.

10. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality.

11. Continuing Compliance. The applicant (American Asset Corporation) shall conduct all activities in a manner
so as not to contravene any state water quality standard (including any requirements for compliance with
section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If
DWQ 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, DWQ may reevaluate and modify this certification to include conditions appropriate to
assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d).
Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for publiC hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in
writing, shall be provided to the United States 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.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.

Sincerely,
,"-;7 ;
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for Coleen H. Sullins

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Attachments

cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Len Rindner