20070744 Ver 1_Approval Letter_20070725

~~~ WATF/~p Michael F. Easley, Governor
`~ ~i William G. Ross Jr., Secretary
~~.- North Carolina Department of Environment and Natural Resources
~ "'I Coleen H. Sullins, Director
© ~ Division of Water Quality
July 25, 2007
DWQ Project # 07-0744
Wake County
Carter Development
Attn: Mr. A. Trent Germano
171 17`'' Street, Suite 1200
Atlanta, GA 30363
Subject Property: Watson Tract, Knightdale, NC
Milburnie Creek [030402, 27-31, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Nor. Germano:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise temporarily impact 0.023 acres of riparian wetlands, 20 linear feet of perennial
streams, and to permanently impact 0.235 acres of riparian wetlands, 1501inear feet of intermittent
streams, 295 .linear feet of perennial streams, 0.016 acres of open waters, 55,671 square feet (ft2) of Zone
1 and 31,733 square feet (ftz) of Zone 2 of protected riparian buffers for the purpose of constructing the
mixed use development at the subject property, as described within your application dated Apri130, 2007,
and received by the Division of Water Quality on May 1, 2007 and your revised application dated June
13, 2007, received by DWQ on June 13, 2007. After reviewing your application and revised application,
we have decided that the impacts are covered by General Water Quality Certification Number(s) 3624,
3625, & 3631 (GC3624, GC3625, & GC3631). The Certification(s) allows you to use Nationwide
Permit(s) 3, 12, & 39 when issued by the US Army Corps of Engineers (USAGE). This letter shall also
act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A
NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, and Non-discharge regulations. Also, 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.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 1501inear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 OversightlExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Sufte 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]Intemet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
~llCll~~l,'
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Carter Development
Page 2 of g}
July 25, 2007

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
Temporary Perennial
Stream 20 (linear feet) Page 5 of Revised PCN
Permanent Intermittent
Stream 150 (linear feet) Page 5 of Revised PCN
Permanent Perennial
Stream 295 (linear feet) Page 5 of Revised PCN
Temporary 404/CAMA
Wetlands 0.023 (acres) Page 5 of Revised PCN
Permanent 404/CAMA
Wetlands 0.235 (acres) Page 5 of Revised PCN
Waters 0.016 (acres) Pa e 6 of Revised PCN
Buffers -Zone 1 55,671 s ware ft. Pa es 10 & 11 of Revised PCN
-uffers -Zone 2 31,733 (s uare ft.) Pa es 10 & 11 of Revised PCN
2. Erosion & Sediment Control Practices
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.
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. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
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. 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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters

Carter Development
Page 3 of
July 25, 2007
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. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetland Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetland
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Re uired River and Sub-basin Number
Stream 295 feet 03020201
6. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
the stream as identified within 15A NCAC 2B .0233(5).
7. 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision, The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.

Carter Development
Page 4 of ~-
July 25, 2007
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .02 3. If you have
any questions, please telephone Amy Chapman at 919-715-6823 or Cyndi Karoly at 91733-1786.
CHS/ijm/asc
Enclosures: GC3624, GC3625, & GC3631
Certificate of Completion
NCEEP Letter
Si e ely,
Coleen H. Sullins, Director
cc: Debbie Edwards, S&EC, 11010 Raven Ridge Rd, Raleigh, NC 27614
Jamie Shern, USACE Raleigh Regulatory Field Office
Lauren Cobb, DWQ Raleigh Regional Office
I?LR Raleigh Regional Office
File Copy.
Central Files
Filename: 070744 WatsonTract(Wake~01_NBR

O~O~ W A T ~9~G
r
~' _ s ~. -~
O '~'
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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Carter Development has permission as outlined below to impact
temporarily impact 0.023 acres of riparian wetlands, 20 linear feet of perennial streams, and to permanently impact
0.235 acres of riparian wetlands, 150 linear feet of intermittent streams, 295 linear feet of perennial streams, 0.016
acres of open waters, 55,671 square feet (ftz) of Zone 1 and 31,733 square feet (ftZ) of Zone 2 of protected riparian
buffers for the purpose of constructing the mixed use development at the subject property for the purpose(s) of
constructing the proposed Watson Property in the northwest quadrant of Hwy 540/Hwy 64 in Knightdale, NC in
Wake County. All activities associated with these authorized impacts must be conducted with the conditions listed
in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 2007-0744
LOCATION: Northwest Quadrant of Hwy 540/Hwy 64 in Knightdale, NC
COUNTY. Wake
BASIN/ SUB BASIN 03020201
As required by I SA NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti ation
295 Linear feet of Stream 29-5 Linear feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 070744 WatsonProperty(Wake)EEP
NorthCarolina
401 Oversight/Express Review Permitting Unit ~vQrllCaay
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
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Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from~ll of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permiee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date