20120280 Ver 2_Approval Letter_20121004

WDENK 'A:j'FL'AV
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
October 4, 2012
Dee Freeman
Secretary
DWQ Project # 2012 -0280, Ver. 2
Lee County
Re: APPROVAL of 401 Water Quality Certification with Additional Conditions -
Marketplace At Tramway, Lee County
DWQ #20120280, Ver. 2; 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 October 4, 2012. This Certification replaces the Certification issued to you on August 13,
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, 1601 Mail Service Center, Raleigh, NC 27699 -1601.
1617 Mail Seance Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone [phone] FAX [phone] Customer Service 1- 877 - 623 -6748
Internet www ncwaterguallty orq
An Eaual Oppirtunity 1 Afrmative Action Fmployer
NorthCarolina
Aduhally

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Mr Bobby Branch and BA Properties, LLC
Lee County
2012 -0280, Ver 2
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,
"Wakild,
C W /kah/ijm
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 20120280Ver2MarketplaceAtTramway (Lee)401_1C

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Mr, Bobby Branch and BA Properties, LLC
Lee County
2012 -0280, Ver 2
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 2H.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:
Tvoe of Wetland
Amount Approved Units
Plan Location or Reference
404 /Wetlands — ri arian
2.17 (acres)
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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Mr Bobby Branch and BA Properties, LLC
Lee County
2012 -0280, Ver 2
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
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 /401 /certsandpermits/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 4`h day of October 2012
DIVISION OF WATER QUALITY
A.
Charles Wakild, P.E.
C W /kah/ym
3932