20091346 Ver 3_Approval Letter_20101220

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
December 20, 2010
Springs Investors, LLC
1000 Darrington Drive, Suite 105
Cary, NC 27513
Re: New Hill Place, Wake County
DWQ Project No. 20091346, Ver. 3; USACE Action ID. No. SAW 2008-00967-2010
Little Branch/Oak Creek [030607, 18-7-6-1-1, C]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Sir or Madam:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3841 issued to Springs Investors, LLC, dated December 20,
2010. This Certification replaces the Certification issued to you on December 6, 2010. In addition,
you should get any other federal, state or local permits before you go ahead with your project including
(but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge
and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS
Sincerely,
Coleen H. Sullins
Attachments: NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
Ben Wilson, ATC Associates, Inc., 2725 East Millbrook Road, Suite 121, Raleigh, NC 27604
DLR, Raleigh Regional Office
X.ile Copy
Filename: 091346Ver3NewHillPlace(Wake)401 _IC_Revised
4010versight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone]\ FAX: 91M07.6494
Internet: http://podal.ncdenr.org/web/Wq/ws
An Equal opportunity \Affirmative Action Employer
Spring Investors, LLC
Page 2 of 6
December 20, 2010
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 211, Section .0500 to Springs Investors, LLC, to fill or otherwise impact 0.871
acres of 404/wetland, 1,238 linear feet of perennial stream, and 1,918 of intermittent stream, in association
with the construction of the proposed mixed-use development at the site which is located near the northwest
quadrant of the intersection of NC Highway 55 bypass and New Hill Road, in Holly Springs, Wake County,
North Carolina, pursuant to an application dated the 20ffi of July 2010, and received by the DWQ on the 20`h
day of July 2010, and by Public Notice issued by the USACE on the 23rd day of September, 2010, and
received by the DWQ on September 23, 2010, and by all additional information received by the DWQ on
October 13, 2010, and November 22, 2010.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice and additional information received by DWQ. If the project is changed,
prior to notification a new application for a new Certification is 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 of this Certification. Any new owner must notify the Division and request
the Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7).
If any plan revisions from the approved site plan result in a change in stream or wetland impact or an
increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401
Certification may be required. For this approval to be valid, compliance with the conditions listed below
is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
404/401 Wetlands 0.871 acres Application and Public Notice
Stream (perennial) 1,238 linear feet Application and Public Notice
Stream (intermittent) 1,918 linear feet Application and Public Notice
Sediment and Erosion Control:
2. 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 in
order to protect surface waters standards:
Spring Investors, LLC
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December 20, 2010
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The 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.
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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 404/401Permit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures
shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream 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 Land Resources or locally delegated program has released the
project.
Continuing Compliance:
5. Springs Investors, 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 law and federal law. 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 to include
conditions appropriate to assure compliance with such standards and requirements in accordance with
15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Springs
Investors, 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 2H.0504.
Any new or revised conditions shall be provided to Springs Investors, 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;
Spring Investors, LLC
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December 20, 2010
Miti ag t, ion:
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you have agreed to provide wetland mitigation for proposed wetland impacts and
wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by
the DWQ to be a suitable method to meet the mitigation requirement and additional mitigation
commitment. Until the EEP receives and clears your check (made payable to: DENR -
Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate
shall occur. The EEP should be contacted at [phone] if you have any questions
concerning payment into a restoration fund. You have 60 days from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Wetlands Restoration Fund to meet the following compensatory
mitigation requirement:
Type of Wetland Compensatory Mitigation Required River and Sub-basin Number
Stream - perennial 1,238 (linear feet Cape Fe 3030004
Stream - intermittent 1,918 linear feet) Cape Fear/03030004
7. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(1650 Mail Service Center, Raleigh, North Carolina 27699-1650) within 60 davs of the issuance of the
401 Water Quality Certification. Before the impacts specified in this Certification may occur, the
applicant must meet all of the provisions set forth in the document Stormwater Management Plan
(SMP) Requirements for Applicants other than the North Carolina Department of Transportation,
available at: http://yortal.ncdenr or web/wg/swp/ws/401/certsandpermits/swmanagement
SMP approval and implementation procedures shall be as follows:
• The SMP must be approved in writing by either the 401 Oversight/Express Unit before any
impacts authorized in this certification occur. If a development is phased, then the SMP for
each future phase must approved by the 401 Oversight/Express Unit or, if the project is
subject to another state stormwater program, a copy of the approval letter and approved SMP
must be submitted before any impacts associated with that phase may occur.
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
A final, written stormwater management plan for each phase of this project shall be submitted
to the DWQ 401 Oversight/Express Permitting Unit (1650 Mail Service Center, Raleigh, North
Carolina 27699-1650) for review and approval. No land disturbance associated with any
phase may be conducted until a stormwater management plan for that phase has been
submitted to and approved by the DWO. No buildings associated with any phase may be
Spring Investors, LLC
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December 20, 2010
occupied until the stormwater management plan is constructed and operational for that phase.
In order to be approved by the DWQ, the stormwater management plan submittal must include a
BMP Supplement Form with all required items. The BMPs must be designed to treat runoff from
all impervious surfaces, including the road, and must comply with the version of the NC DENR
Stormwater BMP Manual that is in effect on the date of the submittal of the stormwater
management plan (SMP). The SMP must meet the requirements in the version of SMP
Regulations for non-DOT in effect at the time of submittal.
8. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.org/doh/operations/BMP manual/downloadBMP Manual.nd0
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. 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.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one 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. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
Spring Investors, LLC
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December 20, 2010
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
Other conditions:
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time lots or properties are recorded. A
sample deed notification can be downloaded from the 401 /Wetlands Unit web site at:
http://portal.ncdenr.org/c/document-library/get file?uuid=ef84dOe 1-5 fc9-4183-87b5-
2f9d7ebl52e0&groupId=38364 The text of the sample deed notification maybe modified as
appropriate to suit to this project.. The text of the sample deed notification may be modified as
appropriate to suit to this project.
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, 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 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 20`h day of ember 2010
DIV ON OF A QUALITY
Coleen H. Sullins
CHS
3841
CCDEENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Springs Investors, LLC, to fill or otherwise impact 0.871 acres of
404/wetland, 1,238 linear feet of perennial stream, and 1,918 of intermittent stream, in association with the
construction of the proposed mixed-use development at the site which is located near the northwest quadrant of the
intersection of NC Highway 55 bypass and New Hill Road, in Holly Springs, Wake County, North Carolina. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached
Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME New Hill Place
DWQ PROJECT #: 20091346, Ver.3
LOCATION: Holly Springs
COUNTY Wake
BASIN/ SUB BASIN Cape Fear/03030004
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
3,156 Linear Feet of Stream 3,156 Linear Feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address 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 ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 091346Ver3NewHillPlace(Wake)401_IC_EEP Revised
4010versight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: http://h2o.enr.state.nc.ustncwetlands/
NorthCarofina
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An Equal Opportunity \ Affirmative Action Employer