20130305 Ver 1_Approval Letter_20130620

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NC®EN�
North Carolina Department of Environment and Natural Resources
Division of Water Qualify
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Acting Director Secretary
June 20, 2013
li # 13 -0305
New Hanover County
PARAMOUNT DEVELOPMENT CORPORATION
ATTN: MR. DAVID HARNER
607 BRIARWOOD DRIVE, STE 5
MYRTLE BEACH, SC 29572
Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
RETAIL CENTER NORTHERN NEW HANOVER COUNTY
USACE Action ID. No. SAW -2011 -02104
Dear Mr. Harner:
Attached hereto is a copy of Certification No. 3964 issued to Mr. David Harner and
Paramount Development Corporation, dated June 20, 2013. Please note that you should
get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and.Erosion Control, Non - Discharge, and
Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A
petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
A petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Wetlands, Buffers, Stormwater— Compliance and Permitting (Webscape) Unit One
1650 Mall Service Center, Raleigh, North Carolina 27699 -1650 NorthCaroli na ,
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 y
Phono: 919 -807 -63001 FAX: [phone] Customer Service: 1 -871- 623 -6748 /�/�t���"
Internet: wwwmcwaterqualily.'oig 666���

Mailing address for the OAH:
if sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
PARAMOUNT DEVELOPMENT CORPORATION
DWQ# 13 -0305
Individual Certification #3964
Page 2 of 8
!f sending via delivery service (UPS, Fed Ex, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Chad Coburn at 910- 433 -3320 or chad.coburn @ncdenr.gov
or Jennifer Burdette at 919- 807 -6364 or [e-mail] if you have any
questions or concerns.
Sincerely,
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater-
Compliance & Permitting Unit
cc: U.S. Army Corps of Engineers, Wilmington Regulatory Field Office, Wilmington
District
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA
30303
Kim Williams, Land Management Group, Inc., 3805 Wrightsville Ave., Ste 15,
Wilmington, NC 28403
DWQ WiRO 401 files
DWQ Webscape Unit
Filena nie: 130305 Reta ilCenterNorthernNewHa noverCo(newhanover)_401—IC.docx

PARAMOUNT DEVELOPMENT CORPORATION
DWQ# 13 -0305
Individual Certification #3964
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3964 is issued in conformity with the requirements of Section 401, Public Laws
92 -500 and 95 -217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500, to Mr. David Harner and Paramount Development Corporation, who have
authorization for the impacts listed below, as described within your application received by the
N.C. Division of Water Quality (Division) on March 22, 2013 and subsequent information on
June 10, 2013, and by Public Notice issued by the U. S. Army Corps of Engineers and received by
the Division on April 11, 2013,
The State of North Carolina certifies that this activity will not.violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92 -500 and PL 95 -217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts.
Type of Impact
Amount Approved
Amount Approved
404 /Wetland
(units)
(units)
Permanent
Temporary
404/401 Wetlands
2.08 (acres)
0 (acres)
2. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the Northeast Cape Fear Umbrella
Mitigation Bank to meet this mitigation requirement. Until the Timberlake Farm Mitigation
Bank receives and clears your payment, and proof of payment has been provided to this
Office, no impacts specified in this Authorization Certificate shall occur. For accounting
purposes, this Authorization Certificate authorizes payment to the Timberlake Farm
Mitigation Bank to meet the following compensatory mitigation requirement.
Type of Wetland
Compensatory Mitiigation
Reauired
River and Sub -basin
Number
404 /Wetland
2.08 (acres) — non - riparian
White Oak/03020302

PARAMOUNT DEVELOPMENT CORPORATION
DWQ# 13 -0305
Individual Certification #3964
Page 4 of 8
3. Stormwater Management Plan
A final, written stormwater management plan (including a signed and notarized Operation
and Maintenance Agreement) shall be submitted to the State Stormwater section in the
Wilmington Regional Office at 127 Cardinal Drive Extension, Wilmington, NC 28405 within
60 days of the issuance of the 401 Water Quality Certification. The stormwater
management plans shall be approved in writing by this Office before the impacts specified
in this Certification occur. The stormwater management plan must include construction
plans, specifications, stormwater BMP worksheets, and supporting calculations. The
stormwater best management practices are required to be 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.
4. 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 Pre - Construction Notification for this
project. 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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit.
5. Sediment and Erosion Control
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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. 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.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.

PARAMOUNT DEVELOPMENT CORPORATION
DWQ# 13 -0305
Individual Certification #3964
. Page 5 of 8
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
e. The sediment and erosion control designs must comply with the requirements set
forth in 15A NCAC 0413.0124 Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream 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 Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project.
7. 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
(NCGO10000), inspection log sheets, and other information may be found at:
http://Portal.ncdenr.org/weblwq/ws/­`su/`­npdessw#tab-w.
8. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual,. or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
9. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life /fish kills.

PARAMOUNT DEVELOPMENT CORPORATION
DWQ# 13 -0345
Individual Certification #3964
Page 6 of 8
10. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the,determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion.
11. All temporary pipes /culverts /riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the Forth Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis- equilibrium.
12. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted bythe approved
construction activity. All riprap shall be buried and /or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area.
13. Any riprap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Riprap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure integrity of bank
stabilization measures.
14. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
15. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundaries in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall be put in
place at the time of recording of the property, or of individual lots, whichever is appropriate.
A sample deed notification can be downloaded from the 401 /Wetlands Unit web site at
http:// h2o.enr.state.nc- us /ncwetiands. The text of the sample deed notification may be
modified as appropriate to suit to this project. Documentation of deed notifications shall be
provided to the Division upon request.
16. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.

PARAMOUNT DEVELOPMENT CORPORATION
DWQ# 13 -0305
Individual Certification #3964
Page 7 of 8
17. Continuing Compliance
Mr. David Harner and Paramount Development Corporation 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 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. Before
modifying the Certification, the Division shall notify Mr. David Harner, Paramount
Development Corporation and the U.S. 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. David Harner and Paramount Development Corporation in writing, shall be provided to
the U.S. 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.
18. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name.
19. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
http: / /12ortal_ncden r.org/ web /wcl/swp /ws /401. /certsand perm its /apply /forms).
20. This certification grants permission to the director, an authorized representative of the
Director, or DEN staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
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. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.

PARAMOUNT DEVELOPMENT CORPORATION
DWQ# 13 -0305
Individual Certification #3964
Page 8 of 8
Non - compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and /or civil penalties.
This the 20th day of June 2013
DIVISION OF WATER QUALIFY
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwa r —
Compliance & Permitting Unit
KAH /jab
3964