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