20061862 Ver 2_Approval Letter_20070515

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 15, 2007
Mr. Todd Schneider
Archdale Partners, LLC
4401 North Patterson Avenue
Winston-Salem, NC 27115
Re: Shoppes At Bush Hill, Guilford/Randolph County
DWQ #20061862, Ver. 2; USACE Action ID. No. SAW-2006-20747-241
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the
Randleman Lake Water Supply Watershed Rules (15A NCAC 2B .0250) with Additional
Conditions -MODIFICATION
Dear Mr. Schneider:
Attached hereto is a copy of Certification No. 3618 issued to Mr. Todd Schneider and Archdale Partners,
LLC, dated May 15, 2007. This Certification replaces the Certification issued to you on February
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.
AWK/cbk/ijm
'ncerely,
lan W. Klimek, P.E.
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, Raleigh Regulatory Field Office, Wilmington District, USACOE
Daryl Lamb, DWQ, Winston-Salem Regional Office
DLR Winston-Salem Regional Office
File Copy
Central Files
Beth Reed, Kimley-Horn and Associates, Inc., P.O. Box 33068, Raleigh, NC 27636-3068
Filename: 061862Ver2ShoppesAtBushHill(Guilford_Randolph)401_IC_MOD
1V~` Caro ~'na
401 Oversight/Express Review Permits Unit ~~llCllll j~
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: [phone] I FAX [phone] / Internet: htto://h2o.en r. state. nc. us/ncwetla nds

Mr. Todd Schneider and Archdale Partners, LLC
Page 2 of 5
May 15, 2007
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. Todd Schneider and Archdale Partners, LLC, to fill or
otherwise permanently impact 1.57 acres of 404/wetland, 125 linear feet of perennial stream, 180 linear
feet of intermittent stream, and 0.54 acres of open water pond, and temporarily fill or otherwise impact
1.93 acres of open water pond, and 16,988 square feet Zone 1 of the Randleman Lake watershed riparian
buffers and 16,988 square feet of the Randleman Lake watershed riparian buffers, to construct the proposed
Shoppes At Bush Hill mixed use development, which is located within the southeast quadrant of the
intersection of US Interstate 85 and NC Highway 62 in Archdale, Guilford and Randolph Counties, North
Carolina, pursuant to an application dated December 1, 2006 and received by the DWQ on December 1,
2006, by Public Notice by the U.S. Army Corps of Engineers issued on the 15`~ day of December of 2006
(received by DWQ on December 14, 2006), and all additional information received by the DWQ on May 9,
2007. This Certification shall also act as your approved No Practical Alternatives determination for impacts
to the protected riparian buffers per 15A NCAC 2B .0250(2).
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:
Amount A roved Units Plan Location or Reference
404/Wetland 1.58 acres A lication and Public Notice
Stream - erennial 125 linear feet A lication and Public Notice
Stream -Intermittent 180 linear feet A lication and Public Notice
Zone 1 Buffers 16,988 s uare feet A lication and Public Notice
Zone 2 Buffers 16,988 s uare feet A lication and Public Notice
O en Water Pond 0.54 acres A lication and Public Notice
O en Water Pond 1.93 acres tem or im act A lication and Public Notice

Mr. Todd Schneider and Archdale Partners, LLC
Page 3 of 5
May 15, 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.
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 2B .0233 and GC 3404;
Continuing Compliance:
6. Mr. Todd Schneider and Archdale Partners, LLC 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. Todd Schneider and Archdale Partners,
LLC, 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. Todd Schneider and Archdale Partners,
LLC 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;

Mr. Todd Schneider and Archdale Partners, LLC
Page 4 of 5
May 15, 2007
Miti ate:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make 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 DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 calendar days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into
the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
Compensatory Mitigation
Re wired River and Sub-basin Number
404/Wetland 1.57 acres Ca a Fear/03030003
8. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local eiosion 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
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 http://h2o.enr.state.nc.us/su/Forms Documents.htm.;
9. Written Stormwater Management Plan (Final Plan Needed) Required For Each Phase
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) for each phase of the entire project shall be submitted to the 401
Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) and
the stormwater management plans shall be approved in writing by this Office before the impacts
for that particular phase may 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. Site-specific stormwater management shall
be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best
Management Practices manual at a minimum. 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 (HQW), and
outstanding resource waters (ORW), the Division shall require that extended detention wetlands,
bio-retention areas, and ponds followed by 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 asite-specific stormwater management plan is
required.

Mr. Todd Schneider and Archdale Partners, LLC
Page 5 of 5
May 15, 2007
Also, the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented before any permanent building or other structure is occupied at the subject
site.
The structural stormwater practices as approved by the Wetlands Unit 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.
10. 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 401 OversightlExpress Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Winston-Salem, 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, Winston-Salem, 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 15~' day ofMay 007
D ON W TE UALITY
Alan W. Klimek, P.E.
3618
AWK/cbk/~m

O~O~ W A T ~~pG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
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. Todd Schneider and Archdale Partners, LLC, to fill or otherwise
permanently impact 1.57 acres of 404/wetland, 125 linear feet of perennial stream, 180 linear feet of intermittent
stream, and 0.54 acres of open water pond, and temporarily fill or otherwise impact 1.93 acres of open water
pond, and 16,988 square feet Zone 1 of the Randleman Lake watershed riparian buffers and 16,988 square feet of
the Randleman Lake watershed riparian buffers, to construct the proposed Shoppes At Bush Hill mixed use
development, which is located within the southeast quadrant of the intersection of US Interstate 85 and NC
Highway 62 in Archdale, Guilford and Randolph Counties, 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 #: 20061862
LOCATION: Archdale
COUNTY Guilford/Randolph
BASIN/ SUB BASIN Cape Fear/03030003
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).
Im acts Miti ation
1.57 Acres of 404/Wetland 1.57 Acres of 404/Wetland
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: 061862ShoppesAtBushHill(Guilford_Randolph~101_IC_EEP_MOD
IVY Caro~;;a
401 Oversight/Express Review Permitting Unit d vuturQuy
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org