20120280 Ver 1_Approval Letter_20120813

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NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Bobby Branch
BA Properties, LLC
402 Forestwood Park Road
Sanford, NC 27330
Division of Water Quality
Charles Wakild, P. E.
Director
August 13, 2012
Dee Freeman
Secretary
DWQ Project # 2012 -0280
Lee County
Re: APPROVAL of 401 Water Quality Certification with Additional Conditions- MODIFICATION
Marketplace At Tramway, Lee County
D WQ #20120280; USACE Action ID. No. SAW-2011-01375
Ut to Mulatto Branch [030613, 18- 20 -3 -1, C]
Dear Mr. Branch:
Attached hereto is a copy of Certification No. 3926 issued to Mr. Bobby Branch and BA Properties, LLC,
dated August 13, 2012. This Certification replaces the Certification issued to you on June 11, 2012.
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.
You can contest this Certification as provided in Articles 3 and 4 of G.S. 150B by filing a written petition
for an administrative hearing. You may obtain the petition form from the office of Administrative
hearings. You must file the petition with the office of Administrative Hearings within sixty (60) calendar
days of receipt of this Certification. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state
holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative
Hearings. The petition may be faxed, provided the original and one copy of the document is received by
the Office of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, NC 27699 -6714, Telephone: [phone], Fax: [phone].
A copy of the petition must also be served on DENR as follows: Mr. Bill Carey, General Counsel,
Department of Environment and Natural - Resources, 1 601 Mail- Service Center , - Raleigh NC "27699 -1601.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St. Raleigh, North Carolina 27604
Phone [phone] FAX- 919 -807 -64921 Customer Service, 1- 877 - 623 -6748
Internet www wwatemuality.or4
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An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarolina
Naturall'#

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Mr. Bobby Branch and BA Properties, LLC
Lee County
2012 -0280
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) calendar days following receipt of the modified
Certification.
Unless a petition is filed as described above, this Certification shall be final and binding.
If we can be of further assistance, please contact Ian McMillan at 919- 807 -6364 or Karen Higgins at 919-
807 -6360. '
Sincerely,
VG r
.rIes Wak d, P.E.
CW /kah/#m
Attachments: Certificate of Completion
cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR, Raleigh Regional Office
Jennifer Burdette, Burdette Land Consulting, 10212 Creedmoor Road, Raleigh. NC 27615
File Copy
Filename: 20120280MarketplaceAtTramway (Lee)401 _IC_MOD

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Mr. Bobby Branch and BA Properties, LLC
Lee County
2012 -0280
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 (the
"Division ") Regulations in 15 NCAC 21-1.0500, to Mr. Bobby Branch and BA Properties, LLC, who have
permission to fill or otherwise impact 2.17 acres of 404 /wetland to construct a retail shopping/service center
located near Tramway, southeast of Sanford, in Lee County, North Carolina, pursuant to an application
dated March 14, 2012, and received by the Division on March 15, 2012, with additional information
received on June 4, 2012, and August 9, 2012, and by Public Notice issued by the USACE on March 23,
2012, and received by the Division on March 12, 2012.
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 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 Division 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 to wetlands, streams,
and/or buffers, are approved including incidental impacts:
T ype of Wetland
Amount Approved Units
Plan Location or Reference
404/Wetlands — riparian
2.17 (acres)
I Application and Public Notice
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.

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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.
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 404/401 Permit 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 without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources or locally delegated program 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;
Continuing Compliance:
6. Mr. Bobby Branch and BA Properties, 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. Bobby Branch and BA Properties, 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. Bobby Branch and BA Properties, LLC in writing,
shall be provided to the United States Army Corps of Engineers for reference in any Permit issued
pursuant to Seetion 404 -of- the - Clean Water-- Act,— and shall- also- become-conditions -of -the -404
Permit for the project;
7. Miti ag tion:
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to Restoration Systems, LLC, (RS) for credits located
in their Barra Farms Phase II Wetland Mitigation Bank to meet this mitigation requirement. This

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Mr. Bobby Branch and BA Properties, LLC
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2012 -0280
has been determined by the Division to be a suitable method to meet the mitigation requirement.
Until RS receives and clears your check, no impacts specified in this Authorization Certificate
shall occur. RS should be contacted at (919) 334 -9123 if you have any questions concerning
payment into a private bank. You have 60 days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment to RS
for credits located in their Barra Farms Phase II Wetland Mitigation Bank to meet the
following compensatory mitigation requirement:
Type of Wetland ComgensatoEy Miti ation Re uired River and Sub -basin Number
404 /Wetland 2.17 (acres) — non - riparian I Cape Fear /03030003
8. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater 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, self - monitoring, record keeping and reporting requirements is
required. A copy of the general permit (NCGO 10000), inspection log sheets, and other
information may be found at http://portal.ncdenr.oriz/web/wq/ws/su/npdessw#tab-w .
Re- opener Clause
9. Mr. Bobby Branch and BA Properties, LLC, and its authorized agents shall conduct its 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. Mr. Bobby Branch and BA Properties, LLC, shall require its
contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide
each of its contractors (and/or agents) a copy of this Certification. A copy of this Certification
shall be included in the construction contract and available on the job site at all times. 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 02H.0507(d). Before modifying the certification, the
Division shall notify Mr. Bobby Branch and BA Properties, LLC, and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 02H.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 02H.0504. Any new or revised
conditions shall be provided to Mr. Bobby Branch and BA Properties, 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.
10. Stormwater Management Plan (SMP) Approval by DWQ
The SMP approved by this office consists of one wet detention pond designed for 90% TSS
removal and one level spreader and all associated stormwater conveyances, detention structure and
the grading and drainage patterns depicted on plan sheets dated February 20, 2012. No changes to
the wet detention pond or the level spreader shall be made without written authorization from the
Division. The stormwater devices shall have maintenance access and at least a 10 -foot drainage

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Mr. Bobby Branch and BA Properties, LLC
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easement on each side to allow for the ability to maintain the structures, and to perform corrective
actions. The stormwater easements shall be recorded to provide protection of the structures from
potential alterations by future property owners.
The approved SMP must be maintained in perpetuity in accordance with bioretention cell
operation and maintenance (O & M) agreement signed by Mr. Bobby Branch (Property Owner) on
May 24, 2012. The O & M agreement must transfer with the sale of the property or transfer of
ownership /responsibility for the BMP facilities. The Division must be notified promptly of every
transfer. After the project is completed, the owner shall submit a Certificate of Completion Form
to the Division Webscape Unit at 1650 Mail Service Center, Raleigh, NC 27699 -1650. The
Certification of Completion Form may be found at:
http://portal.ncdenr.org/web/wq/swp/ws/40 I/certsandoermits/apply/forms.
11. 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.
This Certification shall expire on the same day as the expiration date of the corresponding
404 Permit. The conditions in effect on the date of issuance of Certification for a specific
project shall remain in effect for the life of the project, regardless of the expiration date of
this Certification.
Non - compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this Certification for the project and may also result in criminal and /or civil penalties.
This the 13th day of August 2012
DIVISION O WATER QUALITY
Ch rles Waki d, P.E.
C W /kah/ijm
3932
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