20080245 Ver 2_Approval Letter_20080811

O~DF W ArFR Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality

August 11, 2008
DWQ# 08-0245V2
Mecklenburg County
Mr. Mark Ball
Beatties Ford Retail Investors, LLC
3735 Beam Road, Ste. B
Charlotte, NC 28208

Subject: CVS at Long Creek

APPROVAL of 401 Water Quality Certification with Additional Conditions

Dear Mr. Ball:
You have our approval, in accordance with the attached conditions and those listed
below, to fill 0.37 acre of wetland in order to construct the subject development in Mecklenburg
County, as described in your application received by the Division of Water Quality (DWQ) on
July 11, 2008. After reviewing your application, we have determined that this project is covered
by Water Quality General Certification Number 3705, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide
Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note
that you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge,
and Water Supply Watershed regulations.

The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application." If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter;
and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the
following conditions:

1. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced.
2. All wetlands, streams, surface waters, and riparian buffers located on the project site where
impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any
land disturbing activities.

3. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland, water
and buffer impact. These mechanisms shall be put in place at the time of recording of the
property, or of individual lots, whichever is appropriate. A sample deed notification can be

Mailing Address Phone [phone] Location one
610 East Center Avenue, Suite 301 Fax [phone] 610 East Center Avenue, Suite 301 No Carolina
alura!!y
Mooresville, NC 28115 Mooresville, North Carolina
Internet: www.ncwaterguality.orQ Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper

downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands.
The text of the sample deed notification may be modified as appropriate to suit to this project.

4. Hydrology of the remaining wetland areas shall be maintained.

5. Storm water discharge structures at this site shall be constructed in a manner such that the
potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks.
6. A final, written storm water management plan (including a signed and notarized Operation
and Maintenance Agreement) shall be submitted to the 401 Oversight and Express
Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the
issuance of the 401 Water Quality Certification. The storm water management plans shall
be approved in writing by this Office before the impacts specified in this Certification.
You have the option of using the Express Review Program for expedited approval of these
plans. If you propose to use the Express Review Program, remember to include the
appropriate fee with the plan. The storm water management plan must include construction
plans, specifications, storm water BMP worksheets, and supporting calculations. The storm
water best management practices are required to be appropriate for the surface water
classification and designed to remove at least 85% TSS according to the most recent
version of the NC DENR Storm water Best Management Practices Manual. These facilities
must be designed to treat the runoff from the entire project, unless otherwise explicitly
approved by the Division of Water Quality. Also, before any permanent building is occupied
at the subject site, the facilities (as approved by this Office) shall be constructed and
operational, and the storm water management plan (as approved by this Office) shall be
implemented. The structural storm water practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural storm
water practices shall be made without written authorization from the Division of Water
Quality.
7. 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 Preconstruction Notification application. All
construction activities associated with this project shall meet, and/or exceed, those
requirements specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual and shall be conducted so that no violations of state water quality standards,
statutes, or rules occur.
8. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within two months of the date the Division of Land Resources has released the project.

9. Upon completion of the project, the applicant shall complete and return the enclosed
"Certificate of Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality.

10. Continuing Compliance. The applicant (Beatties Ford Retail Investors, LLC; Mark Ball) shall
conduct all activities in a manner so as not to contravene any state water quality standard
(including any requirements for compliance with section 303(d) of the Clean Water Act) and
any other appropriate requirements of state and federal law. If DWQ determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved
use) or that state or federal law is being violated, or that further conditions are necessary to

assure compliance, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with
15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and
the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504.
Any new or revised conditions shall be provided to the applicant in writing, shall be provided to
the United States Army Corps of Engineers for reference in any permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for
the project.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to
the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the
Mooresville Regional Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh
919-733-9721.

Sincerely,

t
for Coleen H. Sullins
Attachments

cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Central Files
File Copy
Len Rindner