20070026 Ver 4_Approval Letter_20110126

FA
CCDEENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
January 26, 2011
Mr. Hall Barnett
Barnett Properties, LLC
1775 Graham Avenue
Henderson, NC 27536
Mr. Steve Williams
WilcoHess, LLC
5446 University Parkway
Winston-Salem, NC 27105
Dee Freeman
Secretary
Re: Surf City Market, Pender County
DWQ #20070026, Ver. 4; USACE Action ID. No. 2006-589-071
Ut to Virginia Creek [030624, 18-87-9, SA, HQW]
APPROVAL of 401 Water Quality Certification with Additional Conditions - MODIFICATION
Dear Mr. Barnett and Mr. Williams:
Attached hereto is a copy of Certification No. 3671 issued to Mr. Hall Barnett and Mr. Steve Williams, of
Barnett Properties, LLC and WilcoHess, LLC, respectively, dated January 26, 2011. This Certification
replaces the Certification issued to you on August 23, 2007. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to) Solid
Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non -discharge and Water Supply
Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Si erely,
Coleen H. Sullins
CHS/ijm
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Wilmington Regulatory Field Office, Wilmington District, USACOE
Joanne Steenhuis, DWQ, Wilmington Regional Office
Doug Huggett, DCM
Anne Deaton, DMF, P.O. Box 769, Morehead City, NC 27557
DLR Wilmington Regional Office
File Copy
Kim Williams, Land Management Group, Inc., P.O. Box 2522, Wilmington, NC 28402
Filename: 070026 Ver4SurfCityMarket(Pender)401_IC_MOD
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX: [phone]
Internet: http://po0al.ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Aciion Employer

Mr. Hall Barnett and Mr. Steve Williams, of Barnett Properties, LLC and WilcoHess, LLC, respectively
Page 2 of 5
January 26, 2011
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Hall Barnett and Mr. Steve Williams, of Barnett
Properties, LLC and WilcoHess, LLC, respectively, to fill or otherwise impact 4.58 acres of 404/wetland
and 0.03 acres of Waters of the U.S. (ditches), to construct the proposed Surf City Market, which is located
on the northeast side of the intersection of Highway 17 and Highway 219, in Surf City, Pender County,
North Carolina, pursuant to an application dated December 29, 2006 and received by the DWQ on February
8, 2007, by Public Notice by the U.S. Army Corps of Engineers issued on the 6`h day of February of 2007
(received by DWQ on February 8, 2007), and all additional information received by the DWQ on May 31,
2007, August 15, 2007, December 7, 2010, December 21, 2010,and January 25, 2011.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. 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 of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 4.58 (acres) Corres ondence from LMG dated May 29, 2007
Waters of the U.S. (ditches) 0.03 (acres) Correspondence from LMG dated August 13, 2007
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.

Mr. Hall Barnett and Mr. Steve Williams, of Barnett Properties, LLC and WilcoHess, LLC, respectively
Page 3 of 5
January 26, 2011
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. 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 404/401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. 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 six months of the date that
the Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15A NCAC 213 .0259;
Continuing Compliance:
Mr. Hall Barnett and Mr. Steve Williams and Barnett Properties, LLC and WilcoHess, LLC,
respectively shall conduct construction activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with section 303(d) of the Clean
Water Act) and any other appropriate requirements of State law and federal law. If the Division
determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that State or federal law is being violated, or that further
conditions are necessary to assure compliance, the Division may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification,
the Division shall notify Mr. Hall Barnett and Mr. Steve Williams, of Barnett Properties, LLC
and WilcoHess, LLC, respectively, 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 Mr.
Hall Barnett and Mr. Steve Williams, of Barnett Properties, LLC and WilcoHess, LLC,
respectively, 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;
7. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
Mr. Hall Barnett and Mr. Steve Williams, of Barnett Properties, LLC and WilcoHess, LLC, respectively
Page 4 of 5
January 26, 2011
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at htty •//h2o. enr. state. nc. us/su/Forms Documents. htm;
Mitigation:
8. Compensatory Mitigation Using Onsite Restoration, NCEEP Mitigation and Preservation
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you will be: restoring 0.10 acres of 404/wetland through removal of two existing
road crossings; purchasing 4.48 acres of mitigation credit from the NCEEP; and preserving all
remaining 404/wetland on the property per the draft restrictive covenant and associated Wetland
Preservation Map, dated July 25, 2007, and received by the DWQ on July 27, 2007. These
aforementioned methods have been determined by the DWQ to be a suitable means to meet the
mitigation requirement. Based on correspondence from Kelly Williams dated January 25, 2011,
you shall be required to submit your wetland mitigation payment prior wetland impacts and in
phases that correspond to phases of development (Phase 1 will impact 0.55 acres of wetlands and
Phase 2 will impact 4.06 acres of wetlands):
Type of Impact
Amount Approved Units
Plan Location or Reference
404 Wetland
9.22 (acres)
White Oak/03030001
9. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater 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) by March 1, 2011. If, your stormwater
management plans are not received in this Office by March 1, 2011, your 401 Water Ouality
Certification will be revoked and you will need to reapply for DWO approval. This includes
submitting a complete application package with the appropriate fee Additionally, if you do
resubmit, your stormwater plan must adhere to the stormwater regulations in effect at the
time you reapply. The stormwater management plans shall be approved in writing by this
Office before the impacts specified in this Certification occur. 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 stormwater
management plan must include plans, specifications, and worksheets for stormwater management
facilities that are appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Stormwater 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 stormwater management plan (as approved by
this Office) shall be implemented. The structural stormwater practices as approved by this Office
as well as drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water
Quality.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout
waters (Tr), high quality waters (HOW), and outstanding resource waters (ORW), the Division
shall require that extended detention wetlands, bio -retention areas, and ponds followed by

Mr. Hall Barnett and Mr. Steve Williams, of Barnett Properties, LLC and WilcoHess, LLC, respectively
Page 5 of 5
January 26, 2011
forested filter strips (designed according to latest version of the NCDENR Stormwater Best
Management Practices Manual) be constructed as part of the stormwater management plan when
a site-specific stormwater management plan is required.
Where a State Stormwater Permit (in accordance with 15 A NCAC 2H.1000) is required,
this permit may be considered to meet this condition.
10. Deed Notifications
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 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.
11. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local
sewer system regulations.
12. Construction Plans
Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under this authorization letter and certification.
13. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return the attached certificate of
completion to the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe), North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 26`d day of JamAary 2011
DIVIS N OF W TE ALITY
U
oleen H. Sullins
3671
CHS/ijm

FA
CCDEENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Hall Barnett and Mr. Steve Williams, of Barnett Properties, LLC and
WilcoHess, LLC, respectively, have permission as outlined below to fill or otherwise impact 4.58 acres of
404/wetland as described in your application dated December 29, 2006 and received by the DWQ on February 8,
2007, by Public Notice by the U.S. Army Corps of Engineers issued on the 6`l' day of February of 2007 (received by
DWQ on February 8, 2007), and all additional information received by the DWQ on May 31, 2007, December 7,
2010, December 21, 2010,and January 25, 2011, to construct the proposed Surf City Market, which is located on the
northeast side of the intersection of Highway 17 and Highway 219, in Surf City, Pender County, North Carolina.
All activities associated with these authorized impacts must be conducted with the conditions listed in the attached
Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20070026, Ver. 4
NC EEP Name: Surf City Market
LOCATION: Surf City
COUNTY Pender
BASIN/ SUB BASIN White Oak/03030001
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts
I Mitigation
4.61 acres 404/Wetlands
19.22 acres 404/Wetlands
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 070026Ver4SurtCityMarket(Pender)401_IC_MOD EEP
Wetlands, Buffers, Slormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/ws
An Equal l)Opportunity 1 Affirmative Action Employer