20071503 Ver 4_More Info Received_20121210

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•
coEngineering
A division of The John R. McAdams Company, Inc.
LETTER OF TRANSMITTAL
To: Ms. Karen Hiaoins
NC Division of Water Quality
Wetlands & Stormwater Branch
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Re: DWQ # 07 -1503 v4
Parkside Town Commons
(Response to Comments
I am sending you the following item(s):
oh- 1503Yst
Date: December 6, 2012
REGULAR MAIL
Job No.: KRG -12000
COPIES
DATE
NO.
DESCRIPTION
4
For review and comment
Response to Comments Letter
4
NCEEP Acceptance Letter
4
Cripple Creek Mitigation Bank - Reservation Letter
4
P . 11 of PCN
These are transmitted as checked below:
❑
As requested
®
For approval
®
For review and comment
Remarks:
Copy to:
❑ For your use
El
El
Signed:
DEC 1 0
Kevin Yatesj/
Senior Environmental Scientist
FOR INTERNAL USE ONLY
® Copy Letter of Transmittal Only to File
❑ Copy Entire Document to File
2905 Meridian Parkway, Durham, North Carolina 27713
PO Box 14005, RTP, North Carolina 27709

Research Tdangle Park, NC
Past office Box 14005
Reseach Triangle Park,
North Carolina 27709
2905 Meridian Parkway
Durham, North Carolina 27713
800.733.5646
919. 2874262
919.361 -2269 Fax
EcoEngineering
A division of The John R. McAdams Company, Inc.
December 6, 2012
Ms. Karen Higgins
NC Division of Water Quality
WeBSCaPe
1650 Mail Service Center
Raleigh, NC 27699 -1650
Re: DWQ Project # 07 -1503 v4
Parkside Town Commons - Response to Comments
KRG -12000
Dear Ms. Higgins:
On behalf of KRG/PRISA II Parkside, LLC, we are responding to NC DWQ
Request For More Information Letter dated November 29, 2012.
1. Please provide documentation from the N.C. Ecosystem Enhancement
Program indicating their willingness to accept your request to purchase
stream credits to mitigate for the proposed impacts listed in your PCN
application per Section D. Mitigation provider selection must conform to
the requirements of G.S. 143 - 214.11 (for wetland and stream mitigation).
EcoEngineering Response: Per the request for additional information
letter, attached is the NCEEP acceptance letter, as well as a reservation to
purchase SMUs from the Cripple Creek Stream and Wetland Mitigation
Bank which serves the Cape Fear 03030002 HUC, and the modified version
of pg. 11 of the PCN to reflect the use of a private mitigation bank instead of
the EEP.
A copy of the NCEEP acceptance letter was initially provided via email to
the Corps and DWQ on 11/19/2012, and the Corps permit was issued based
on this NCEEP acceptance letter for the 4041401 portion of the stream
impacts. Any remaining mitigation requirements associated with isolated
stream impacts will be satisfied with the private mitigation bank, Cripple
Creek Stream & Wetland Mitigation Bank
Stream credits were recently released as of 1112612012 from the Cripple
Creek Stream & Wetland Mitigation Bank which serves the 0303002 HUC
of the Cape Fear River Basin. We have reserved for purchase 128 SMUs to
satisfy any mitigation requirements associated with isolated stream impacts.
Restoration Systems (RS) has placed these credits into "no sale" —
reservation status under " Parkside Town Commons ". The NCEEP will be
utilized to satisfy any remaining jurisdictional stream mitigation
WMecaangraom I Design Services Focused On Client Success

EcoEngineering
A division of The John R. McAdams Company, Inc.
Ms. Higgins
DWQ Project # 07 -1503 v4
Response to Comments
December 6, 2012
Page 2 of 2
requirements as prescribed by the USACE permit recently issued (SAW
2012 - 01576). The reservation letter from Restoration Systems is included
If you should have any questions or require additional information, please do
not hesitate to contact me at (919) 287 -0789.
Sincerely,
EcoEngineering
A division of The John R. McAdams Company, Inc.
Kevin Yate
Project Manager
Sr. Environmental Consultant
DDV -12000

HCDEENR
North Carolina Department of Environment and Natural Resources
Division of Water Duality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 24, 2012
DWQ # 07 -1503 v4
Wake County
KRG /PRISA II Parkside, LLC
Attn: David George
30 S. Meridian Street
Indianapolis, IN 46204
Subject: REQUEST FOR ADDITIONAL INFORMATION
Parkside Town Commons
Dear Mr. George:
On November 6, 2012, the Division of Water Quality (Division) received your application dated
November 2, 2012, requesting a 401 Water Quality Certification from the Division for your
project. The Division has determined that your application is incomplete and cannot be
processed. The application i$ on -hold until all of the following information is received:
1. Please provide documentation from the N. C. Ecosystem Enhancement Program
indicating their willingness to accept your request to purchase stream credits to mitigate
for the proposed impacts listed in your PCN application per Section D. Mitigation
provider selection must conform to the requirements of G.S. 143-214.11 (for wetland
and stream mitigation).
Pursuant to Title 15A NCAC 02H .0502(c), the applicant shall furnish all of the above requested
information for the proper consideration of the application. If all of the requested information
is not received in writing within 30 calendar days of receipt of this letter, the Division will be
unable to approve the application and it will be returned. The return of this project will
necessitate reapplication to the Division for approval, including a complete application package
and the appropriate fee.

Parkside Town Commons
Request for Additional Information
Page 2 of 2
Please respond in writing within 30 calendar days of receipt of this letter by sending four
(copies of all of the above requested information to the Wetlands, Buffers, Stormwater —
Compliance and Permitting (Webscape) Unit, 1650 Mail Service Center, Raleigh, NC 27699-
1650.
Please be aware that you have no authorization under Section 401 of the Clean Water Act for
this activity and any work done within waters of the state may be a violation of North Carolina
General Statutes and Administrative Code.
Please contact me at karen.hieeins @ncdenr.sov or 919 - 807 -6360 if you have any questions or
concerns.
Sincerely,
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District
DWQ RRO 401 files
Kevin Yates, EcoEngineering, PO Box 14005, Research Triangle Park, NC 27709
File Copy
File name: 071503v4ParksideTownCommons (Wake) 401_Hold.docx

111v- 3
EcoT em
rl;j
PROG"m
November 19, 2012
David George, PE
KRG/PRISA Parkside, LLC
30 S. Meridian St.
Indianapolis, IN 46204 Expiration of Acceptance: May 19, 2013
Project: Parkside Town Commons County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please
note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation
for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be
approved. You must also comply with all other state, federal or local government permits, reeulations or authorizations associated
with the proposed activity including SL 2009 -337: An Act to Promote the Use of Compensatory Mitigation Banks as amended by
S.L. 2011 -343.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In-
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required for this impact is determined by permitting agencies.
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in
accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919) 716 -1921.
Sincerely,
S e Klimek
Acting Director
cc: Karen Higgins, NCDWQ Wetlands /401 Unit
James Lastinger, USACE - Raleigh
Kevin Yates, agent
File
R"Mring... ... Pro Our .!'m&
SAZM-O 6-U,
1
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 715 -0476 / www.nceep.net
River
Basin
CU
Location
Stream (feet)
Wetlands (acres)
Buffer I
(Sq. Ft.)
Buffer II
(Sq. Ft.)
Cold
Cool
Warm
Riparian
Non -Ri arian
Coastal Marsh
Impact
Cape Fear
03030002
0
0
168
0.08
0
1 0
0
0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in
accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919) 716 -1921.
Sincerely,
S e Klimek
Acting Director
cc: Karen Higgins, NCDWQ Wetlands /401 Unit
James Lastinger, USACE - Raleigh
Kevin Yates, agent
File
R"Mring... ... Pro Our .!'m&
SAZM-O 6-U,
1
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 715 -0476 / www.nceep.net

1�1.t1 a� �� 1 - SO 3 vii
Mitigation Credit Reservation Confirmation letter
Cripple Creek Stream & Wetland Mitigation Bank — Statement of Availability
December 3, 2012
NC Division of Water Quality
401 Oversight /Express Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
Re: Reservation of Compensatory Mitigation Credits
Project: Parkside Town Commons
DWQ Proj #: not yet issued
This document confirms that KRG /PRISA II Parkside, LLC (Applicant) has reserved for purchase
128 stream mitigation credits from the Cripple Creek Stream & Wetland Mitigation Bank, which
serves the 03030002 HU of the Cape Fear River Basin.
Restoration Systems (RS) attests to the fact that 128 stream mitigation credits are currently
available for immediate transfer from its Official Bank Credit Ledger to Applicant and that as of
this date RS has placed these credits into "no- sale " - reservation status under the name of the
project referenced on this document (Project).
These credits will remain in reservation status until payment in full is received from the
Applicant, resulting in the issuance of a Credit Transfer Certificate by RS acknowledging that the
applicant has fully secured credits from the bank and RS has accepted full responsibility for the
mitigation obligation requiring the credits. If RS does not receive payment in full for the
Mitigation Credits within thirty (30) prior to the initiation of Project construction, RS has the
right to terminate this Reservation Letter, in which case RS will have no further obligation to
provide mitigation credits to the Applicant.
Parksde Town Comimns - Compensatory Mil%dion - RS - Page 1

RS will issue the Transfer Certificate within ten (10) days of receipt of the Purchase Price. RS
shall provide to Applicant the Transfer Certificate debiting credits from the Bank Official Credit
Ledger showing the permit number and the resource type secured by the applicant, and will
send an a copy of the Transfer Certificate with an updated Official Credit Ledger to regulatory
- _agencies sIowiqg the proper ocumentation. _ --
If any questions need to be answered, please contact me at 919 - 3349119
Best regards,
%aura V av XWduc
Tara Disy Allden
Regulatory Manager
Restoration Systems, LLC
Pa&Wc Town Commom - Compensatory Mmgdba - RS - Page 2
. ... M.�1?`L1i . _ i..i c.... _•i.._.tvitllil. G.. �y�

v
- Reference to the Department of Army Corp of Engineers 33 -CFR Parts -332 and Environmental - - — - --
Protection Agency 40 CFR Part 230 Compensatory Mitigation for Losses of Aquatic Resources:
the Final Rule.
• 332.8 Section (R) Use of Credits: the district engineer will determine the number and
type of credits required to compensate for the authorized impacts, the sponsor must
provide the permit applicant with at statement of credit availability. (this is the
Reservation Letter)
• Section (1)(3)lf use of a mitigation bank or in -lieu fee program is approved by the district
engineer to provide part or all of the required mitigation for a DA permit, the Permittee
retains the responsibility for providing the compensatory mitigation until the
appropriate number and resource type of credits have been secured from the sponsor
and the district engineer has received documentation that confirms that the sponsor
has accepted the responsibility for providing the required compensatory mitigation. This
documentation must consist of a letter or form signed by the sponsor, with the permit
number and a statement indicating the number and resource type of credits that have
been secured from the sponsor. (this is the Transfer Certificate)
• 332.3: (K) Permit Conditions: the compensatory mitigation requirements for a DA
permit, including the amount and type of compensatory mitigation must be clearly
stated in the special conditions of the individual permit or general permit
verification. The special conditions must be enforceable.
Parbde Town Commas - Compensatory MmgaMn - RS - Page 3

a�ks,ae 1OWA Cd^ Md AS �3W a-* 07-iso 3U y
stable ground adjacent to the riparian buffers. The contractor shall install silt fence, inlet protection, sediment traps,
diversion ditches, tree protection, clearing only as necessary to install these devices. All erosion and sediment
control measures will be checked for stability and operation following every runoff producing rainfall , but in no
case less than once every week. Any needed repairs will be made immediately to maintain all measures designed.
An erosion control inspections report is required and will be kept by the owner's representative.
The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control
Structures as outlined through State and Local Stormwater Rules.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
® Yes ❑ No (Unknown at this time).
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
® DWQ ® Corps
® Mitigation bank
2c. If yes, which mitigation option will be used for this project?
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Cripple Creek Stream & Wetland Mitigation Bank (HUC 03030002)
3b. Credits Purchased (attach receipt and letter)
Type Stream
(warm water)
Quantity 128 SMUs
3c. Comments: A copy of the NCEEP acceptance letter was initially provided via email to the Corps and DWQ on 11/19/2012,
and the Corps permit was issued based on this NCEEP acceptance letter for the 404/401 portion of the stream impacts. Any
remaining mitigation requirements associated with isolated stream impacts will be satisfied with the private mitigation bank,
Cripple Creek Stream & Wetland Mitigation Bank.
Stream credits were recently released as of 11/26/2012 from the Cripple Creek Stream & Wetland Mitigation Bank which
serves the 0303002 HU of the Cape Fear River Basin. We have reserved for purchase 128 SMUs to satisfy any mitigation
requirements associated with isolated stream impacts. Restoration Systems (RS) has placed these credits into "no-sale" —
reservation status under "Parkside Town Commons ". The NCEEP will be utilized to satisfy any remaining jurisdictional
stream mitigation requirements as prescribed by the USACE permit recently issued (SAW 2012 - 01576). The reservation
letter from Restoration Systems is included.
4. Complete If Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
168 linear feet from NCEEP (initially)
4c. If using stream mitigation, stream temperature:
® warm ❑ cool []cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
S. Complete If Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 11 of 17
PCN Form — Version 1.3 December 10, 2008 Version