20060338 Ver 1_401 Application_20060316

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Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
www.SandEC.com 3I ~f~~
S&EC Project # 9478.W1
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Monte Matthews
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
From: Kevin Martin
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC D 6~ a~ ~ j1++,
~_l
MAR 1 6 2006
DENR -WATER 4UALiT`v
WETLANDS AND STOftM'WATER BkAhcr+
Re: Bennigan's Redevelopment
Raleigh, Wake County, NC
On behalf of the owner, Commercial Net Lease Realty (Attn: Paul Bayer), please find attached a complete
application and supplemental information requesting written concurrence from the U.S. Army Corps of
Engineers (USAGE) and the N.C. Division of Water Quality (DWQ) that the activities proposed below may
precede under Nationwide Permit 39 and the associated General Water Quality Certification 3402. Please
contact me at [phone] if you have any questions or require additional information.
PROJECT SUMMARY
Pro~ect Name Benni an's Redevelo ment
Project T e Commercial
Owner / A licant Commercial Net Lease Realt
Count Wake
Nearest Town Ralei h
Waterbod Name UT of Crabtree Creek
Basin /Sub-basin 03020201
Index Number 27-33- 10
Class C, NSW
IMPACT SUMMARY
Stream Impact (acres): 0.024
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.24
Total Stream Impact (linear feet): 221
Buffer Impact Zone 1 0
Buffer Impact Zone 2 0
Total Buffer Impact 0
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorization
USGS Vicinity Map
Detailed Impact Maps and Overall Site Plan Maps
Soil Survey Vicinity Map
Stormwater Mitigation Plan Narrative
$475 DWQ Application Fee
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]

D L5 l~ !:~ L~ U L~n a
MAR ~ 6 2006
~FHpz - wArf~ Qtuu~rv
Office Use Only: Form Version March OS
.~:<:.
USACE Action ID No. DWQ No. 4~~'~ ~ ~ p
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: Commercial Net Lease Realtv
Mailing Address: Attn: Paul Bayer
450 South Orange Avenue
Orlando, FL 32801
Telephone Number: 407-650-3697 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Kevin Martin
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: 919-846-5900 Fax Number: 919-846-9467
E-mail Address: kmartinna,sandec.com
Page 1 of 8

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Bennigan's Redevelopment
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 1705696884
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
East of Six Forks Road and north of the Outer beltline (I440~
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.8361 °N 78.6391 °W
6. Property size (acres): ±10 acres
7. Name of nearest receiving body of water: UT of Crabtree Creek
8. River Basin: Neuse
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The existing area of impact is a rip rapped stormwater
channel behind existins commercial development. A residential apartment complex lies east
of the channel as well as a single familx residence. The channel in question is currently
piped upstream and downstream of the proposed impact area
Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used:
Redevelop an existing commercial development that currently has no stormwater treatment
11. Explain the purpose of the proposed work: Allow reuse of the property for a mixture of
commercial and residential development including associated facilities (e a parkinga
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. A site meeting with Todd Tugwell of the USAGE occurred on 4/13/05
and a site meeting with Eric Kulz of DWQ occurred on 3/16/05 A site meeting with Monte
Matthews was conducted on 3/1/06 where he determined that the feature to be impacted was
unimportant.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact. is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The client proposes to extend
the existing culvert across the property to tie into another existing culvert to allow construction
of a road, building and parking.
Page 3 of 8

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number

(indicate on map)
T e of Im act
yp p Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year

Floodplain
es/no Distance to
Nearest

Stream
linear feet Area of
Impact

(acres)

Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: 0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acrea e, multi 1 len h X width, then divide b 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
linear feet Area of
Impact
acres
1 UT Crabtree FilUCulvert Internttent 4.5 221 0.024

Total Stream Impact (by length and acreage) 221 0.024
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
indicate on ma
Name of Waterbody

(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc. Area of

Impact
acres

Total Open Water Impact (acres) 0
Page 4 of 8

6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream Im act (acres): 0.024
Wetland Im act (acres): 0
O en Water Im act acres): 0
Total Im act to Waters of the U.S. (acres) 0.024
Total Stream Im act (linear feet): 221
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
VII. Impact Justification (Avoidance and Minimization)
Expected pond surface area:
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed.. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The redevelopment of the nroiect and new road intersection to alleviate existing traffic issues
require impacting this low quality feature (see attached site plan).
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear -feet of total impacts to perennial
streams.
Page 5 of 8

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment -are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall. be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http: //h2o. enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Currently stormwater from the existing commercial developments is "straitpiped"
without treatment. The applicant proposes to treat this stormwater (see attached "Stormwater
Management Plan Narrative"). We believe that this is adequate mitigation considering the
low quality of the impacted stream.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written. approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet):. 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount ofNon-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
Page 6 of 8

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone ~~~,,,Me ~ e+~ Multiplier ~,~,~;~~~,~~
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular ftom the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Page 7 of 8

XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. We propose that DWO issue the 401 contingent
upon receiving final stormwater plans for the project before impacts occur Please see the
attached Stormwater mans ement plan narrative for the conceptual approach
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Municipal
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This is a redevelopment of existing commercial property. It is the result of existing needs and
will not result in secondary development of undeveloped tracts.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, .dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
1.<< l.~' ~ 6 Vl
Applican A~~gen~' Signature Date
(Agent's si ature~~~diid onl if an authorization letter from the a licant is rovided.
1~ Y pp p )
Page 8 of 8

AGENT AUTHORIZATION FORM
All Blanks To Be Filled In ~ The Current I.andawner
Name: Commercial Net Lease Realty, Inc
Address: c/o Paul_Bayer
450 South Orange Ave
Orlando, FL 32801
Phone: {407) X50-3697
Project NameJDescription: 1Vorth Hills East: 4216'Six For Rd,, Raleigh NC -27609 (PIN~1705696884)
S&EC Project #9478.W1 ~ ~o +- -,~.e ~- ~. ~ ~ ac ~- tS ~ ,-}-e
Date: February 21, 2006
The Department saf the ~rrny
U.S. Army Corps- of Engineers,. Wilnungkon District
P.O. Box 1890
Wilmington, NC 28402
Attn: Mante Matthews
Field Office: Raleigh.
Re: Wetlands Related Consulting and Permitting
To Wham; It May Concern:.
1, the current ro er owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of permit applications,: to :furnish upon: request
supplemental information in support of applications, etc. from this day forward. The 21 day of
February.
This notification supersedes arty previous carrespondez~ce concerning the agent for this prof'ect
NOTICE: This authorization, for liability and professional courtesy xeasozs, is valid only for
government officials to enter the property when accarnpaniedby S&EC staff. You should call 5&EC
to arrange a site meeting prior: to visiting the site..
G.t~n~- ei"G:r i~,~ /~`'~'~` Lea; ~ ~I~Ys ~vt;~
PrintProperty Owner's Name
Property er`s Signature
cc; Ms. Cyndi Karaly
NCDENR - DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
cc• Mr. Kevin Martin
Soil & Environmental Consultants, PA.

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NORTH HILLS EAST
STORMWATER MANAGEMENT PLAN NARRATIVE
Development on this site as proposed will require issuance of a Section 401 Water
Quality Certification from the NC Division of Water Quality (DWQ) to permit the
disturbance of a stream channel that is located at the rear of the existing Bennigan's site,
as shown on the included impact maps. As a result of the proposed disturbance, DWQ
will require that a stormwater management plan be developed such that the minimum
nitrogen removal efficiency is equal to that of a bioretention area (35% N removal
efficiency rating, per DWQ memorandum dated September 8, 2004). Per discussions
with Dr. Cynthia Van Der Wiele on November 29, 2005, sand filters, bioretention areas,
and extended detention stormwater wetlands would be "equivalent" to the DWQ in terms
of stormwater pollutant removal performance. Therefore, the stormwater management
system for North Hills East will incorporate one or more of these Best Management
Practices to treat stormwater runoff from this site. Descriptions of each and where they
are anticipated to be used within the proposed site may be found below. Since the site
has not yet been fully designed, it is not yet possible to provide design details or
calculations for the stormwater management system - only a conceptual plan for what
will be used to treat runoff from this site is known at this time.
Underground Sand Filters and Detention Systems
In many areas of the site, the proposed use will not readily accept standard above-ground
stormwater best management practices. There will not be the number and size of open
space areas available to both appropriately site and above ground facility and have that
facility be incorporated into the aesthetic design of the site. These areas will be prime
candidates for an underground sand filter and detention system. The sand filter will be
limited to five (5) acres of drainage (per current design criteria), and will be appropriately
sized and designed to treat the runoff from the drainage basin to the facility. The sand
filter will be designed to meet a standard of 85% total suspended solids (TSS) removal,
and 35% nitrogen removal. In addition to the underground sand filter, there may be a
series of underground pipes and/or a vault system to detain runoff to pre-development
peak flowrate conditions in the 2- and 10-year design storm events (per City of Raleigh
requirements). This detention system will be placed upstream and inline with the sand
filter component, and will have the additional benefit of providing "pre-treatment" of
runoff before entering the sand filter itself.
Bioretention Areas
In areas that are less intensely developed and where it will blend in with the overall
landscape design components of the site, bioretention may be used as appropriate for
water quality treatment. The bioretention areas will be limited to a maximum of five (5)
acres of drainage to each facility. Bioretention areas will be sized and designed in
accordance to the most recent and updated guidelines available from the City of Raleigh,
the NC Division of Water Quality (DWQ), or information available from research being
conducted at NC State University. Bioretention areas will be designed to meet a standard
of 85% total suspended solids (TSS) removal, and 35% nitrogen removal, based on the
most current information available from DWQ.
Extended Detention Wetland Areas
In areas that are less intensely developed and where it will blend in with the overall
landscape design components of the site, extended detention wetland areas may be used

as appropriate for water quality and quantity control. These wetland areas will be
designed per the most recent and updated guidelines available from the City of Raleigh,
the NC Division of Water Quality (DWQ), or information available from research being
conducted at NC State University. Extended detention wetland areas will be planted with
aggressive but varied vegetation, to provide for a heterogeneous plant population. This
will result in a wetland that is less prone to invasive species, less prone to mosquito
infestation, and better suited to survive disease and drought. Bioretention areas will be
designed to meet a standard of 85% total suspended solids (TSS) removal, and 40%
nitrogen removal, based on the most current information available from DWQ.

Written Stormwater Management Plan
Binding Agreement
The applicant, NHSI= I, LLC, understands that a Stormwater management plan will need to be
provided and approved by the North Carolina Division of Water Quality (NCDWQ) for the
entire site; hawever~ the applicant cannot provide a final plan at this time due to the preliminary
status of the site plans. The applicant is requesting that NCDWQ accept a binding agreement
&~om NHSF I, LLC, that they will provide NCDWQ a final stormwater management plan within
~0 days of the approval of the phased construction drawings, The fallowing is NHSF I, LLC,
agreement to provide a final stormwater plan to NCDWQ.
AGREEMENT:
The applicant, NHSF I, LLC, agrees to provide the North Carolina Division of Water Quality
(NCDWQ) a final written stormwater• management plan (including a signed and notarized
Operation and Maintenance Agreement). The stormwater management plan will include plans
and specifications for stormwater• management facilities that are appropriate for surface waters
classified as "NSW", and designed to remove 85% TSS according to the most recent version of
the NCDENR Stormwater Best Management Practices (BMP) Manual. These facilities will be
designed to treat the runoff from for the site area shown on the Exhibits included with this
submittal, unless otherwise explicitly approved by NCDWQ, Also, before any permanent
building is occupied at the subject site, the facilities (as approved by NCDWQ) shall be
constructed and aperational, and the stormwater management plan (as approved by NCDWQ)
shall be implemented. The stanmwater~ management plan will alsa include stormwater
management facilities that cantrol nitrogen. No changes to the strueturaI stornwater practices,
once constructed, shall be made withaut written authorization from NCDWQ.
NHSF I, LLC
rch 14, 2006
"~ ~-
By Joh Kane
Manager