20070395 Ver 1_Approval Letter_20070605

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 5, 2007
Mr. William I. Gulliford, III
MAG II Grimes Farm, LLC
1021 Oak Street
Jacksonville, FL 32205
Re: Washington Square Retail Site, Beaufort County
DWQ #20070395; USAGE Action ID. No. SAW-2007-735-107
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Tar-
Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions -
REVISED
Dear Mr. Gulliford:
Attached hereto is a copy of Certification No. 3662 issued to Mr. William I. Gulliford, III and MAG II
Grimes Farm, LLC, dated June 5, 2007. This Certification replaces the Certification issued to you on
May 22, 2007. This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 2B .0259. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (brat 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.
CHS/cbk/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, Washington Regulatory Field Office, Wilmington District, USACOE
Kyle Barnes, DWQ, Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Dan Redgate, Kimley-Horn and Associates, Inc., 501 Independence Parkway, Suite 300, Chesapeake, VA 23320
Filename: 070395WashingtonSq ua reRetailSite(Beau fort)401 _IC_TPBR_Revised
401 OversighUExpress Review Permits Unit
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: [phone]IFAX 919-733-689311ntemet: htto://h2o.enr.state.nc.us/ncwetlands
N'o~e nCarolina
,Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycledll0% Post Consumer Paper

Mr. William I. Gulliford, III and MAG II Grimes Farm, LLC
Page 2 of 5
June 5, 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. William I. Gulliford, III and MAG II Grimes Farm,
LLC, to fill or otherwise impact 0.22 acres of 404/wetland, and 2,4301inear feet of open water (ditches),
and impact 0.00 square feet of Zone 1Tar-Pamlico River basin protected riparian buffers and impact 0.00
square feet of Zone 2Tar-Pamlico River basin protected riparian buffers, to construct the proposed
Washington Square retail site, which is located within the southeast quadrant of the intersection of US 264
Bypass (West Fifteenth Street Extension) and Whispering Pines Road (NCSR 1404), in Washington,
Beaufort County, North Carolina, pursuant to an application dated February 6, 2007 and received by the
DWQ on March 30, 2007, by Public Notice by the U.S. Army Corps of Engineers issued on the 1St day of
March of 2007 (received by DWQ on March 7, 2007), and all additional information received by the DWQ
on May 9, 2007, and by additional information received by the DWQ on April 2, 2007. This Certification
shall also act as your approved No Practical Alternatives determination for impacts to the protected riparian
buffers per 15A NCAC 2B .0259(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 witfi 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 0.22 (acres A lication and Public Notice
0 en Water Ditches) 2,430 (linear feet) A lication and Public Notice
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full c®mpliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:

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Page 3 of 5
June 5, 2007
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance witch 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 404/401 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 nod 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 .0259;
Continuing_Compliance:
6. Mr. William I. Gulliford, III and MAG II Grimes Farm, LLC shall conduct construction activities
in a manner consistent with State water quality sltaandards (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 taw is being violated, or that further condlitions 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. William I. Gulliford, III and
MAG II Grimes Farm, LLC, and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and providle opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. William I.
Gulliford, III and MAG II Grimes Farm, 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 t)he 404 Permit for the project;
7. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentatiion Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an

Mr. William I. Gulliford, III and MAG II Grimes Farm, LLC
Page 4 of 5
June 5, 2007
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;
8. Diffuse Flow (DWQ Review and Approval Required)
All constructed stormwater conveyance outlets shall be directed and maintained to flow in a
diffuse manner at non-erosive velocities through the entire protected stream buffers without re-
concentrating. If this is not possible it may be necessary to provide stormwater facilities that are
considered to remove nitrogen. Additionally, a stormwater management plan for this project shall
be provided to this Office before any of the impacts approved herein are conducted. The plan
shall specify all stormwater discharge points, plan details, and calculations to indicate that diffuse
flow through the protected buffers or nitrogen removal as described above will be achieved.
An Operation & Maintenance (O&M) agreement signed by the current landowner must be
approved by the DWQ. This O&M agreement must transfer with the sale of the land or transfer
of responsibility for the stormwater facilities and the DWQ must be notified of every transfer
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) and 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 (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
a site-specific stormwater management plan is required.

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June 5, 2007
Where a State Stormwater Permit (in accordance with 15 A NCAC 2H .1000) is requirved,
this permit may be considered to meet this condition.
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 Oversight/Express Review Permitting Unit, 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 apon 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 I SOB of the North Carolina General Statutes and filed with th~c
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 ~e
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 5''' day of June 200
DIV N OF AT Q TY
A
Coleen H. Sullins
3662
CHS/cbk/ijm