20061421 Ver 1_Approval Letter_20061011

~. ,'O~.r~:F9„ Michael F. Easley, Governor
„V C~ William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
Q .~ Alan W. Klimek, P.E. Director
Division of Water Quality
August 18, 2006
DWQ EXP No. 06-1421
Johnston County
Regency Centers/Elizabeth T. Barber
Attn: Mr. David Smith
101 Maynard Crossing Court, Suite 211
Cary, NC 27513
Subject Property: Middle Creek Commons
UT to Middle Creek [030403, 27-43-15-(4), 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 Mr. Smith:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.470 acres of wetland for the purpose of constructing the commercial
shopping area, as described within your Pre-construction Notification Application dated September 14,
2006 and additional information received on October 2, 2006 and October 9, 2006. The impacts are
covered by General Water Quality Certification Number(s) 3374 (GC3374) and 3402 (GC3402). The
Certification(s) allows you to use Nationwide Permit(s) NW 12 and NW39 when issued by the US Army
Corps of Engineers (USAGE). 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 Permit.
This approval is for the purpose and design that you described in your application and revised stormwater
wetland design calculations. 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 150 linear 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 Water Quality Certifications (GC 3402
and GC3374) and any additional conditions listed below.
None Cazolina
401 Oversight/Express Review Permitting Unit ~~IlCll~~lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: htt~://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Regency Centers
Page 2 of 4
October 11, 2006
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification are met. No other impacts are approved including incidental
impacts:
Im act T e Amount A roved (Units) Plan Location or Re erence
Wetland 0.470 acres Se tember 14, 2006 PCN a e 4
2. 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.
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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
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 is
unavoidable, they shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources has released the project.
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 .0233 and GC 3402.
6. Diffuse Flow Measures Approved
The diffuse flow measures (level spreader designs submitted on October 6, 2006) must be
implemented and the stormwater management facilities shall be constructed and operational
before any permanent building is occupied at the subject site. The structural stormwater practices
as approved by this Office as well as drainage patterns must be maintained in perpetuity. No
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Page 3 of 4
October 11, 2006
changes to the structural stormwater practices shall be made without written authorization from
the Division of Water Quality.
7. Deed Notifications
Deed notifications or similaz mechanisms shall be placed on all retained jurisdictional wetlands,
waters and ripazian buffers in order to assure compliance for future wetland, water and riparian
buffer impact. These mechanisms shall be put in place prior to impacting any wetlands,
waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate.
8. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
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.
Written Stormwater Management Plan
The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) dated October 6, 2006, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is
occupied at the subject site. 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.
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.
11. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
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 heazing, 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.

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October 11, 2006
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.
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 .0233. If you have
any questions, please telephone Lia Myott or Cynthia Van Der Wiele at 919-733-1786
Si ely,
Alan W. Klimek, P.E.
AWK/cvdw/lem
Enclosures: GC 3402
GC 3374
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Debbie Edwards, S&EC, 11010 Raven Ridge Road, Suite 120, Raleigh, NC 27614