20091346 Ver 5_Approval Letter_20131219

December 19, 2013
DWR # 09 -1346 V5
Wake County
KRG New Hill Place, LLC
Attn: Mark S. Jenkins
30 S. Meridian Street, Ste 1100
Indianapolis, IN 46204
Subject: Approval of Individual 401 Water Quality Certification with Additional
Conditions — Revised 4
New Hill Place
USACE Action ID. No. SAW- 2008 -00967
Dear Mr. Jenkins:
Attached hereto is a copy of Certification No. 3841 issued to Mark S. Jenkins and KRG New
Hill Place, LLC, dated December 19, 2013. This Certification replaces the Certification
issued to you on November 13, 2012. 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 Articles 3 and 4 of General Statute 150B 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 (919) 431 -3000 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).
401 & Buffer Permitting Unit �7One L,
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 1of ofthCar01111a
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service. 1 -877- 623 -6748
Internet: www.ncwaterquality.org NatuAdfil

KRG New Hill Place, LLC
DWR# 09 -1346 V5
- Individual Certification #3841
Page 2 of 10
The petition may be faxed to the OAH at (919) 431 -3100, 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.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, 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 me at 919 - 807 -6360 or karen.higgins(@ncdenr.gov or
Jennifer Burdette at 919 - 807 -6364 or [e-mail] if you have any questions
or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: Kevin Yates, McAdams Company, 2905 Meridian Parkway, Durham, NC 27713
USAGE Raleigh Regulatory Field Office
Todd Bowers, EPA, Sang Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR RRO 401 files
DWR 401 & Buffer Permitting Unit
Filename: 091346V5NewHillPlace (Wake)401_IC_Revised4.docx

KRG New Hill Place, LLC
DWR# 09 -1346 V5
Individual Certification #3841
Page 3 of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3841 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 15 NCAC
02H .0500, to Mark S. Jenkins and KRG New Hill Place, 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 July 20, 2010, by Public Notice issued by the U. S. Army Corps of
Engineers and received by the Division on September 23, 2010 and subsequent information
received by the Division on October 13, 2010, November 22, 2010, February 1, 2012, November
7, 2012 and October 31, 2013.
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. Impacts Approved
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.
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
404 /401 Wetlands
0.871 (acres)
0 (acres)
Stream (perennial)
1,238 (linear feet)
0 (linear feet)
Stream (intermittent)
1918 (linear feet)
0 (linear feet)
2. CompensatorvMitigation Using Ecosystem Enhancement Program EEPI
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 Division to be a suitable method to meet the mitigation
requirement and additional mitigation commitment. The EEP should be contacted at (919)
716 -1921 if you have any questions concerning payment into a restoration fund. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:

KRG New Hill Place, LLC
DWR# 09 -1346 V5
Individual Certification #3841
Page 4 of 10
Type
Compensatory Mitigation
Required
River and Sub -basin
Number
Stream - perennial
1,238 (linear feet)
Cape Fear /03030004
Stream - intermittent
1,918 (linear feet)
Cape Fear /03030004
Additionally, per the Certification revision dated November 13, 2012, the permittee shall
make payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the
amount determined by the NCEEP, sufficient to perform the restoration for impacts of
0.871 acres of Riparian Bottomland Forest and 2,748 linear feet of cool water stream
channel in the Cape Fear River Basin, Cataloging Unit 03030004. This will result in total
mitigation amounts of 1.75 acres and 3,986 linear feet of stream. The permittee will pay
into EEP in phases.
Phase 1 will include mitigation for 1,278 linear feet of stream impacts and 1.25 acres of
wetland impacts for the construction of the Target store and shops on the southwest end of
the property adjacent to New Hill Road. Impacts in Phase 1 would be impact areas 4, 6, 7, 8,
and 8A on the permit (to take place immediately after construction permit issuance).
Phase 2 will include mitigation for 624 linear feet of stream impacts associated with
construction of a sanitary sewer connection. Impacts in Phase 2 would be impact area 2.
Phase 3 will include mitigation for 1,920 linear feet of stream impacts and 0.5 acre of
wetland impacts associated with construction of the shops on the northeast end of the
property and the Holly Springs Thoroughfare. Impacts in Phase 2 would be impact areas 1,
3, 5, 10, 11, 11A, 11B, and 12 (estimated to begin in 2013). Prior to impacts occurring in
Phase 3, the permittee will provide an updated acceptance letter to the Corps.
Phase 4 will include mitigation for 164 linear feet of stream impacts associated with
Construction of the out parcel areas at the northwest corner of the site adjacent to new Hill
Road. Impacts in Phase 4 would be impact areas 15, 16 and 17 (estimated to begin in 2013).
Prior to impacts occurring in Phase 4, the permittee will provide an updated acceptance
letter to the Corps.
Construction within jurisdictional areas on the property shall begin only after the permittee
has made payment to the NCEEP and provided a copy of the payment documentation to the
Corps, and the NCEEP has provided written confirmation to the Corps that it agrees to
accept responsibility for the mitigation work required, in compliance with the NCEEP In -Lieu
Fee Instrument, approved by the United States Army Corps of Engineers, Wilmington
District on July, 28, 2010.

KRG New Hill Place, LLC
DWR# 09 -1346 V5
Individual Certification #3841
Page 5 of 10
3. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan for each phase of this proiect shall be
submitted to the DWR 401 & Buffer 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 Division. No buildings associated with any phase
may be occupied until the stormwater management plan is constructed and operational for
that phase.
In order to be approved by the Division;-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.
SMP approval and implementation procedures shall be as follows:
The SMP must be approved in writing by either the 401 & Buffer Permitting 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 & Buffer Permitting 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,, there a
copy of the approval letter and the modified SMP must be submitted to the 401 &.
Buffer Permitting Unit prior to the commencement of the modifications.

KRG New Hill Place, LLC
DWR# 09 -1346 V5
Individual Certification #3841
Page 6 of 10
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.
5. Sediment and Erosion Control
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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
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.
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.

KRG New Hill Place, LLC
DWR# 09 -1346 V5
Individual Certification #3841
Page 7 of 10
7. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
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. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
http: / /portal.ncdenr.or /web /wq /ws/su /npdessw #tab -w.
8. Work in the Dry -
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.
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.
10. Placement of Culverts and Other Structures in Waters and Wetlands
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.
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 glow passage of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA- designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain the
natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
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.

KRG New Hill Place, LLC
DWR# 09 -1346 V5
Individual Certification #3841
Page 8 of 10
Please send photographs upstream and downstream of each culvert site to document correct
installation along with the Certificate of Completion form.
11. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 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.
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.
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.
14. Any riprap used for stream stabilization shall be of a size and density to prevent it from being
carried off by wave, 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.
15. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
16. 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. -ifhese 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 downloaded from the 401 &Buffer Permitting Unit website
at http: / /portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsand permits /apply /forms. 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.
17. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.

KRG New Hill Place, LLC
DWR# 09 -1346 V5
Individual Certification #3841
Page 9 of 10
18. Continuing Compliance
Mark S. Jenkins and KRG New Hill Place, 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. 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 Mark S. Jenkins and KRG New Hill Place, 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 Mark S. Jenkins and KRG New Hill Place, 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.
19. 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.
20. 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: http : / /portal.ncdenr.orR/ web /wg /swp /ws/ 401 /certsandpermits /apply /forms).
21. This certification grants permission to the Director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
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. The
conditions in cite ct on the gate of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.

KRG New Hill Place, LLC
DWR# 09 -1346 V5
Individual Certification #3841
Page 10 of 10
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 19th day of December 2013
4UM
Karen Higgins, Supervis
401 & Buffer Permitting Unit
KAH /jab
3841