20051100 Ver 1__20050804

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 4, 2005
DWQ# 05-1100
Mecklenburg County
Mr. Ryan Hawks
Mountaineer Land Group, LLC
125 Floyd Smith Drive, Suite 210
Charlotte, NC 28262
Subject: Pavilion Blvd./N. Tryon Commercial Complex, Charlotte
APPROVAL of 401 Water Quality Certifications with Additional Conditions
Dear Mr. Hawks:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 0.74 acre of wetland in order to construct the Pavilion Boulevard/N. Tryon Commercial
Complex in Mecklenburg County, as described in your application received by the Division of Water
Quality (DWQ) on June 20, 2005. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Numbers 3374 and 3402, which can be
viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. These General Certifications allow
you to use Nationwide Permit Numbers 12 and 39 once they are 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. 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.
Nose Carolina
Ntura!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
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3. 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.
4. The planting of native vegetation and other soft streambank 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 stream bed, unless approved by the DWQ.
5. A final written stormwater management plan shall be approved, in writing, by this Office prior to
the construction of any permanent facilities at the site. The stormwater 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) shall be constructed and operational, and the stormwater management
plan (as approved by this Office) shall be implemented. The structural stormwater practices as
approved by this Office as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater facilities shall be made without written authorization from the
Division of Water Quality.
6. 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. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and
shall be conducted so that no violations of state water quality standards, statutes, or rules occur.
7. 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.
8. 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. Please send
photographs of the upstream and downstream sides of each culvert site to document correct
installation, along with the Certificate of Completion form.
9. Continuing Compliance. Mountaineer Land Group, LLC 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
Mountaineer Land Group, LLC and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 21-1.0503, and provide opportunity for public hearing in accordance with
15A NCAC 21-1.0504. Any new or revised conditions shall be provided to Mountaineer Land Group,
LLC 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. Barry Love in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
forAlan W. Klimek, P.E.
Attachments
cc: !Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
David Caldwell, Mecklenburg County
Central Files
Len Rindner