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HomeMy WebLinkAbout20091346 Ver 6_Individual_20150831Burdette, Jennifer a From: Matthew Van Dyke <mvandyke @kiterealty.com> Sent: Monday, August 31, 2015 8:54 AM To: Burdette, Jennifer a Subject: RE: Request for Modification to Approved 401 Water Quality Certificate (UNCLASSIFIED) Attachments: 20150825123545724.pdf, Request for Revised Phasing Backup Info..pdf Jennifer- Please see the attached letter requesting modification to our existing water quality certificate. Please let me know if you have any questions or concerns at your earliest convenience. Thanks, Matthew Van Dyke I Sr Project Manager 317 713 2750 [direct] 317 577 5600 [main] Kite Realty Group 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 AUTHORITY OF SENDER: To the extent this email relates to an entity affiliated with or a subsidiary of Kite Realty Group, then this e -mail is being sent by KRG Management, LLC, solely as the manager of the entity about which this email relates and shall be interpreted as correspondence from that entity alone and not from Kite Realty Group or any of its other affiliated entities or subsidiaries. CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. This transmission is private and confidential and is the property of the sender. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please immediately notify us immediately by telephone or return email and promptly delete this message and its attachments from your computer system. - - - -- Original Message---- - From: Burdette, Jennifer a [ mailto :Jennifer.Burdette @ncdenr.gov] Sent: Friday, August 07, 2015 3:25 PM To: Matthew Van Dyke Subject: RE: Request for Modification to Approved 401 Water Quality Certificate (UNCLASSIFIED) Mr. Van Dyke, I apologize for the delay in my response. Please email me a request addressed to the Division of Water Resources to modify your water quality certification similar to your request to the Corps. Because the modification does not involve additional impact, no fee is required. Thanks, Jennifer Jennifer Burdette 401 /Buffer Coordinator 401 & Buffer Permitting Unit NCDENR - Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699 -1617 (919) 807 -6364 phone jennifer.burdette @ncdenr.gov (Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9th Flr Archdale Bldg) *Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation.* - - - -- Original Message---- - From: Matthew Van Dyke [ mailto:mvandyke @kiterealty.com] Sent: Thursday, August 06, 2015 1:16 PM To: Burdette, Jennifer a Subject: FW: Request for Modification to Approved 401 Water Quality Certificate (UNCLASSIFIED) Mrs. Burdette- Please see the attached and below. I was wondering what I need to do, if anything to modify the WQC as stated by James below. James is modifying the phasing or grouping of impacted areas. Please let me know your needs and process at your earliest convenience. Thanks, Matthew Van Dyke I Sr Project Manager 317 713 2750 [direct] 317 577 5600 [main] Kite Realty Group 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 AUTHORITY OF SENDER: To the extent this email relates to an entity affiliated with or a subsidiary of Kite Realty Group, then this e -mail is being sent by KRG Management, LLC, solely as the manager of the entity about which this email relates and shall be interpreted as correspondence from that entity alone and not from Kite Realty Group or any of its other affiliated entities or subsidiaries. CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. This transmission is private and confidential and is the property of the sender. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please immediately notify us immediately by telephone or return email and promptly delete this message and its attachments from your computer system. - - - -- Original Message---- - From: Matthew Van Dyke Sent: Monday, July 20, 2015 10:51 AM To: 'Lastinger, James C SAW' Subject: RE: Request for Modification to Approved 401 Water Quality Certificate (UNCLASSIFIED) James - Thank you for returning my phone call. Please see the attached request letter seeking to modify the phased mitigation payment table to NCEEP that was originally attached to our permit. Please let me know if you have any questions or concerns. Regards, Matthew Van Dyke I Sr Project Manager 317 713 2750 [direct] 317 577 5600 [main] Kite Realty Group 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 AUTHORITY OF SENDER: To the extent this email relates to an entity affiliated with or a subsidiary of Kite Realty Group, then this e -mail is being sent by KRG Management, LLC, solely as the manager of the entity about which this email relates and shall be interpreted as correspondence from that entity alone and not from Kite Realty Group or any of its other affiliated entities or subsidiaries. CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. This transmission is private and confidential and is the property of the sender. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please immediately notify us immediately by telephone or return email and promptly delete this message and its attachments from your computer system. - - - -- Original Message---- - From: Lastinger, James C SAW [mailto: James .C.Lastinger @usace.army.mil] Sent: Monday, July 20, 2015 8:57 AM To: Matthew Van Dyke Cc: Burdette, Jennifer a Subject: RE: Request for Modification to Approved 401 Water Quality Certificate (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Matthew, I received your email. This is not the permit that I need to modify. The permit you sent me is the Division of Water Resources 401 certification. The Corps permit is a 404 Individual permit. The water quality certification may also need to be modified. The contact for the DWR is Jennifer Burdette. I have copied her on this email as she will be able to assist you in the water quality certification mod. If needed. Please give me a call so I can help you with this. I am in the office all day Monday. James Lastinger Regulatory Specialist Raleigh Regulatory Field Office US Army Corps of Engineers, Wilmington District ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Tel: (919) 554 -4884, x32 Fax: (919) 562 -0421 Regulatory Homepage: http: / /www.saw.usace.army.miI /WETLANDS The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http: / /corpsmapu .usace.army.mil /cm_apex /f ?p= 136:4:0 - - - -- Original Message---- - From: Matthew Van Dyke [ mailto:mvandyke @kiterealty.com] Sent: Friday, July 17, 2015 4:19 PM To: Lastinger, James C SAW Subject: [EXTERNAL] Request for Modification to Approved 401 Water Qualtiy Certificate Mr. Lastinger- Per our phone conversation a few weeks ago, please see the attached request to modify our current water quality certificate #3841. Please review and let me know if you have any questions or concerns at your earliest convenience would like to ensure this email was received, so if you could response that it has been delivered that would be great. Regards, Matthew Van Dyke I Sr Project Manager 317 713 2750 [direct] 317 577 5600 [main] Kite Realty Group 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 AUTHORITY OF SENDER: To the extent this email relates to an entity affiliated with or a subsidiary of Kite Realty Group, then this e -mail is being sent by KRG Management, LLC, solely as the manager of the entity about which this email relates and shall be interpreted as correspondence from that entity alone and not from Kite Realty Group or any of its other affiliated entities or subsidiaries. CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. This transmission is private and confidential and is the property of the sender. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please immediately notify us immediately by telephone or return email and promptly delete this message and its attachments from your computer system. Classification: UNCLASSIFIED Caveats: NONE 30 S. MER � DIA N STRE ET SURE 1100 INDIANAPOUS, IN 46204L 3f7-577-5600 FAX3 7-577-5605 k4lureaffycom August 24, 2015 Subject: Request for Modification to Individual 401 Water Quality Certification New Hill Place WQ Permit #: 09-1346 Mark S. Jenkins, Senior Vice President of Development (KR G New Hill Place, LLC) $4, i! OW" UN11W. 011110MA CEMEM KRG New Hill Place, LLC Attn: Marl< 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, 2011 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,ncoali.co�,i,i/ or by calling the OAH Cl'erk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable CAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). 40 � & Btft ponlMiq UnR One 00 MM Service GeMei% Ralegh,, Nodh Cardwia 276994650 No thOvofina Lomlkm: 512 N. S,,',flisbury SL Rakdgh, NoNh Caroha 27604 FhcmeA M-907-6300 � F AX 919-B07 G4 94 '� Cus bmea Ser&e I 437T623,"W48 InWel' W111rallil KRC New Hill Place, LLC DWR# 09-1346 VS Individual Certffication #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 OA14 within five (5) business days following the faxed transrnissilon. Mailing address for the OAI+ If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery se rilice (UPS, FedEx, etc,). Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 JIM 11 zcmzr= 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.NgRins 2�gcden My or Jennifer Burdett e at 919-807-6364 or ierinifer,l)t,irclettet-)Lic(IL ��n.goy 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 USACE Raleigh Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, GI Forsyth Street SW, Atlanta, GA 30303 DWR RRO 401 files DWR 401 & Buffer Permitting Unit I'llename: 091346V5NewHillPlace(Wake)401_IC_Revised4.d'ocx KRG New Hill Place UZ DV#R#Q9-I340V5 |ndkddua� Certification #3B41 Page 3 of 10 The State of North Carolina certifies that this activity will not violate the applicable portions o Sections, 301, 302, 303, 306, 3iO7 of the Public Laws 92-5:00 and PL 95-217 if conducted in - ation. the sitoL)ortine documentation. and conditions hereina fter sl Conditions of Certification: 1. Lmpacts Approved The hd lowing impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are appmzved!,including incidental impacts. Type of Impact Amount Approved (units) Permanent 404/401 Wetlands Stream (perennia|) Stream (intermittent) 0.871 (acres) 1,238 (linear 1918 (linear feet) Z. Com ensatory Mitigation Usin theEcosy5tq Temporary � O (acres) 0 (linear feet) O (linear feet) Mitigation must be provided for the proposed impacts as specified |n the table below. Wka WmdarstandthatyoWhaveagreedtoprovdewvetlamdmitigatiomforpmoposedvve#and impacts and wish to inake 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. Streanm - perenn|al intermittent Required 1,238, (linear feet) 1,918 (linear feet) KRG New Hill Place,UZ oWRO 09-1346 V5 Individual Certification #3841 Page 4of 10 River and Sub-basin Number Cape Fear/03030004 Cape Fear/03030004 JR 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 linearfeet of strearn. The permittee will pay TIN "I'll, 11"I Phase 2 will include mitigation for 624 linear feet m[streaminmpacts associated with construction of a sanitary sewer connection. Impacts in Phase 2 would be impact area 2. Phase 3 will include mitigation for 1,9Z8 linear feet of stream impacts and O.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, 1113, and 12 (estimated to begin in 2013L 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 mfthe out parcel areas at the northwest corner of tile site adjacent bonew Hill Road. Impacts in Phase 4 would be impact areas 15, 16 and 17 (estimated to begin,in 2Ql3), Prior to impacts occurring in Phase 4, the pmonitteB will provide an updated acceptance letter 10 the Corps. Comst/uc1ion within jurisdictional areas on the property shall begin only after the penmittee has made payment to [lie NCEGPand provided a copy oftile payn1entdoounnenta Lion, butile Corps, and the NCEEP has provided written confirmation tothe Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the NCEEIP In-Lieu Fee Instrument, approved by the United States Army Corps of Engineers, Wilmington Distr|ctnoJw|y, 28, 2010. KRG New HHI Place, LLC DWR# 09-1,346 V5 lndMdual Certificaflon#3841 Page 5 of 10 In order to be approved by the Division, the stormwater management plan submittal must include a BIVIP Supplement Form with all required items. The BIMPs must be designed to treat runoff from ail impervious surfaces, including the road, and must comply with the version of the NC DENR Stormwater BIVIP Manual that is in effect on the date of the submittal of the stormwater management plan (SIVIP). The SMP must meet the requirements in the version of SMP Regulations for non-DOT in effect at the time of submittal. SM P ap -,trova I an d 1 m plem entation p roced u res sh a I I be as follow.L. The SMP must be approved in writing by dither t he 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 SIVIP for each future phase must be constructed and operational before any permanent building or other structure associated with that phase is occupied. a The approved SMP as well as drainage patterns must be maintained in perpetuity. The SMP may not be modified without prior written authorization frorn the SIVIP approval authoeity. if the SNAP falls under another state stownwater prograrn, then a copy of the approval letter, and the rnodifled SNIP must be submitted to the 401 & Buffer Permitting Unit prior to the commencement of the modifications. KRQ New HNPlace, LLC mmR#09-1346V5 Individual Certification #3041 Page 6 of 10 5. Sediment and Erosion Control Erosion and sediment control practices must he|n full compliance with all specifications governinig the proper design, installation and operation and maiintenance of such Best Management Practices and if applicable, comply with the specific conditions and requirements mf the NPDES Construction Stnmnvva%er 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 reqwirementospecified ` |m the most recent version of the North Carolina Sediment and Erosion Control . Manual. The devices shall be maintained omaN construction sites, borrow sites, and waste pile (spoil) projects, inoYucliwg contra ctor-nuvnmd ur 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 recentwans|mm of the North Carolina Suiface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Poilution Control Act and the Mining Act nf197 d. Sufficient materials required for stabilization and/or repair of erosion control measures and s±ornmvvaterrouting and treatment shall beon site at all times. Sediment and erosion control measures shall not be placed im wetlands arwaters. Exceptions toth|a condition require application submittal to and written approval 6ythe 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 m manner that may result in dlm-equilibrium of wetlands, stream beds, or banks, adjacent tuor upstream and downstream ofthe above structures. All sediment and erosion control dev!ces shall be removed and the natural. grade rcstored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEIVII-R) or !one!|ydelegated program has released the specific area within the project, KRG New W1 P ace, LLC DWRY 09-1346 V5 Wdividuall Certification #3841 Page 7 of 10 7. Construction Storrnwater Pen-nit NC 010004 An NPDES Construction Storrnwater 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, se If-rn on itc, ring, record keeping and reporting requirements is required. A copy of the general permit (NC O10000), inspection log sheets, and other information may be found at: ill, ncdenr.org/web a rm 8. Work, in the Iry 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. Usting 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 flow 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 HEIVIA-designated flooclviays 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 Ifill Place, LLC DWR# 09-1346 V5 IndMdual Certfficaflori #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. 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 batiks upstrearn or downstream of the area. 14. Any riprap used for stream stabil'ization 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 strearnbedl 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. These 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,r'icdeiii-,,ot�g/web/wcl/swl)/ws/401/cer,tsandi,)erriiL ja t)j)lv/fortii, s. 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 H1111 Place, LLC DWR# 09-1,3416 V5 Individual Certification #3841 Page 9 of 10 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.i//Poil�al.iicderir°,.org/web/wqLsWo/ws/401/­c��gEtsai-idoeri,ni,ts/appIV/­LojiL�i,3,). 21, This certification grants permission to the Director, an authorized representative of the Director, or DEN R 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 LAMA Permit, The conditions, in e-Iffect on the date 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 MividUal Certification 93841 Page 10 of 10 Non-compliance with or violation of the conditions herein set forth rnay result: in revocation of this Certification and may also r'eSLdt in criminal and/or civil penalties. &'W 12 t Karen Higgins, Suplervi 401 & Buffer Permitting Unit KAH/jab 3841 w "VA 16 1_7 EXISTING OLD HOLLY SPRINGS APEX R0Ab s K I 10) 11 1 (60' PUBLIC R/W) ^��1bm1 . ..... . ... . .. .. . 1 Yak A ............ v'rh,,k ,a . . . ....... 1400 105 . lu Mp 5l7'4 . 146 ........ .......... . . tl 3 5,0 9 . .... ........ t", k_ 7- . .... ..... yr .. .. . .... . 41 4 Z ... . ....... . .. ;;� ........... .... . . . ...... 259 -l' ..... .. . ... ..... . .. TO 5 PZ45 - — -------- - . .... . ........ ... .. .. 6-7, gl 6 Z�A abn EXISTING OLD HOLLY SPRINGS APEX R0Ab s K I 10) 11 1 (60' PUBLIC R/W) Kyle Ward Springs Investors, LL 1000 Darrington Drive, Ste. 105 Cary, NC 27513 Project: thew llill11111", (Phase I)", County: Wake DWQ# 09-1346 (as modified 2/7/2012) COE4: 2008-0967(as modified 2/7/2012) EEP#: 12059 Amount Paid: $526,118.25 Check Number: 1279 & 1282 The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification./Section 404/CANL Perinit(s) issued for the above referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to NCEEP associated with the authorized activily as specified below have been satisfied. YOU must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity including SL 2009-337, An Act to Promote the Use of Compensatory Mitigation Banks, as amended by SJ,. 2011-341 The NCEEP, by acceptance of this payment,, acknowledges that the NCEEP is responsible for the compensatory m itigation requiretnents indicated below associated with the pro ' ject permit and agrees to provide The compensatory mitigation for this phase as specified in the permit. Mitigation responsibility assigned to the NCEEP is nontransferable. The mitigation will be performed in accordance with the N,C. Department of Environment and Natural Resources' Ecosystem Enhancement Prograrn In-Lieu Fee Instrument dated July 28, 2010. When the permittee is ready to make payment for the next phase of this project, please contact EEP's ILF Coordinator to request an updated invoice. River Basin Stream Credits Weiland Credits Buffer 1& 11 HUC (linear feet) (acres) (Sq. Ft.) Cold Cool Warm Riparian Non-Riparian - ..Coastal Marsh Cape Fear 0 0 1,278 125 0 0 0 03030004 Refunds of payments made to NCEEP are only approved under certain conditions. All reffind requests must be submitted in accordance with EEP's refund policy at www.nccep.net. If you have any questions or need additional information, please contact Kelly Willi arns at (919) 716 -1921. Sincerely, 01A/ Michael Ellison Deputy Director cc: Karen Higgins, NCDWQ Wetlands/401 Unit Jarnic Shern, USACE-Raleigh; Todd Tugwell, USACE-Raleigh Lauren Witherspoon, fan Mc'Millan- NCDWQ Ben Wilson, agent File 67TWA Rutoripti... E"A"... Prota 0, ar State, MCDEN North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 i 919-715-0476 1 www-nceep.net Kyle Ward Spring hivestors, LIX, 1000 Darrington Drive, Ste. 105 Cali,, NC 27513 Project: Niew ffill,Place Phase 2 County-. Wake DWQ# 09-1346 COE#-. 2008-00967 EEP #: 20899 Amount Paid: $227360,00 Check Number: 1067 The North Carolina Ecosystem Enhancement Program (-NCEEP) has received a check as indicated above as payment for tfic compensatory mitigation requirements of the 401 Water Quality Certification/Section 4041CAMA Pennit(s) issued: ibr the above referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to NCEEP associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions ofthis certification and any other state, federal or local government permits or authorization associated with this activity including SL 2009 - 337, An Act to Promote the Use of Compensatory Mitigation Banks, as amended by S.L. 2011-343. The NCEF, 1-1, by acceptance of th i s payment, acknowledges that the N CLLP is responsible for the compensatory in iti gati on requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the N0,1141P is nontransferable. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources" Ecosystein Enhancement Program Tn-1,ieu Fee Instrument dated July 29, 2010. River Basin Stream Credits mic (linear feet) Cold Cool Warm Wpariirt Cape Fear 0 0 624 0 03030004 Wethuid Crcdits Buffer` I& It (acres) (Sq. Ft.) Non-Riparian Coastal Marsh 0 0 0 refunds of payments made to NC1,1-T are only approved under certain conditions. All refund requests must be submitted ill accordance with V'F.P's refund policy at %'wwv.nceep.net. If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921. Sincerely, I.,. )k' Suzanne Klimek Acting Director cc,: Karen Higgins, NCDDWQ 1>W ellands/401 Unit James I-astinger, 13SACE-Raleigh; Tyler Crurribley, U SACE-Rulcigh Ben Wilson, agent David (1corge, KRG File North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27690- '166219'19 - 715 -0476 /www-nceep-net Pat McCrory Governor KRG, Ncw Hill Place, LLC 30 South Meridian, Suite 1100 Indianapolis, I.L 46204 IP/,rojecit, Now 11HIMace Vhase,3 Cotrnty. Wake USACEM 2008-00967 WQ perm it#. 09-1346 EEP #- 20900 ,err ru rit Pa id. $752,331.00 Check Number. 159,9 NCDENR ............... .......... Michael Ellison, Director Ecosystem Enhancement Program RECEIPT Ady 23, 2014 John E. Skvarla, III Secretary The North Carolina Fcosystern I.'rihanecment Program (NCEEP) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 4041CAM A PCYroit(S) issued for the above- referenced project, This receipt serves as notification that your compensatory mitigation requirements assigned to 1\JCT"l-,P associatcd with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, fcdcral or local government permits or authorization associated with this active ity i YICI Ud i ng SL 2009 -- 337, An Act to Promote the Use of Compensatory Mitigation Banks, as amended by S.L. 2011-343. Me NCEET, by acceptance of this payment, acknowledges that the _,N"CEEP is responsible for the compensatory mitigation requirements indicated below associated with the prc�jcct permit and agrees to provide the compensatory in. itigation as specified in the permit. Mitigation responsibility assigned to the NCI]-.'P is nontransferable. The mitigation will he performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee Instrument dated.1 Lily 28, 2010. River B asi n Stream Credits Wetland Credits Buffer 1& 11 HLTC (linear feet) (acres) (Sq. Ft.) Cold Cool Warm Rip ­j�:1aji I -Non-Riparian Coastal Marsh Cape l"ear 0 0 1,920 0.50 0 0 0 0,3030004 1 Refunds of payments made toNCEEP are only approved under certain conditions. All refund requests must be submitted in accordance witli ESP's i-eftind policy atwvw".,.nceep.iict. Tf you have any qUeStjOns or need additional information. please contact Kelly Williams at (919) 707-8915. Sincerely, / j/. Michael Ellison Director cc: Karen fliggins, NCDWR Wetlands/401 Unit James Lastinger, USACE-Raleigh; Todd I'LlgWel 1, U SACE-Raleigh Jennifer Maxwell, KRG Ben Wilson, agent 1652 Mail Service Center, Raleigh, North Carolina 276,99-1652 Phone: 919-707-8976 t Internet: www.ricdenr.gov An Equal Opportunity 1 Affirmative Action Employer-Made in part by recycled paper