20131112 Ver 1_Approval Letter_20130122

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A4;'
NCDENR
North Carolina Department of Environment and Natural' Resources
Division of Water Resources
Water Quality Programs
,Pat McCrory Thomas, A. Reeder John E. Skvarla, I I I
Governor Director Secretary
January 22, 2014
D &N Development, LLC
Attn: Daniel Brown
2116 Rolling Rock, Road
Wake Forest, NC 27587
DWR # 13 -1112
- Lee County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
The Shops @ Cameron Place
Dear Mr. Brown:
This 401 Water Quality Certification'(WQC) dated January 22, 2014 "replaces the WQC dated November 15, 2013.
In this-replacement WQC, the deadline for payment for mitigation has been extended until February 28, 2014 to
allow more time for closirig on the property and finalizing loan agreements. No other changes to this WQC have
been made.
You have our approval for the impacts listed below for the purpose described in your application dated
October 15, 2013 and received by the Division of Water Resources (Division) on October 15, 2013. These
impacts are covered by the, attached Water Quality General Certification Number 3890 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 39 once it is issued to
you by the U.S. Army Corps of Engineers. Please note that,you should get any other federal, state or local
permits before proceeding with your projectjncluding those,required by (but not limited to) Sediment and
Erosion Control, Non - Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the following
additional conditions:
1: The following impacts are hereby approved provided that all of the.other specific and general conditions of
the Certification, General Permit and /or Buffer Rules are met. No other impacts are approved, including
incidental impacts.
i
Nurall'#,
e Carolina
North Carolina Division of Water Resources, 1628 Mad Service Center Raleigh, NC 27699 -1628 Phone [phone]
Internet www ncwaterouality orq Location `3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity/Affirmative Acton Employer-50% Recycled/10% Post Consumer Paper

The.Shops @ Cameron Place
DWR# 13 -1112
401APPROVAL
Page 2 of'5
Type of Impact
Amount Approved
(units)
Permanent,
Amount Approved
(units)
Temporary
Wetland
0.018 (acres)
0 (acres)
Site'1
Wetland
0.127,(acres)
0,(acres)
Site 2
Wetland
0:124 (acres)
0,(acres)
Site 3
Wetland
0.219 (acres)
0 (acres)
Site 4
- Stream
49 (linear feet)
0 (linear feet)
Site 1
Stream
80 (linear feet)
0 (linear feet)
Site 2
Stream
170 (linear feet)
0 (linear feet)
Site 3
2''. Stormwater'Management Plan (SWP) Approva`I by•the DW°R',
a. The SMP approved bythe DWR consists of a wetdetention basin and all associated stormwater'
conveyances, inlet and outlet structures, and thegrading and drainage patterns,depicted on plan sheets
dated08 /11/13, 08/12/13, 08/12/13 and 09/06/13, which are incorporated -by reference into this
approval and are.enforceable by DWR provided however that any modification of the design for the,
stormwater management system that is accepted by DWR shall take precedence over'the original plans
and specifications.
b. The footprint of all stormwater management devices as well as an additional 10- foot-wide area on all
sides of the devices shall be located in public rights -of -way, dedicated common areas or recorded
easement,areas.
c. The approved SMP shall be constructed and operational before any °permanent building or other
structure is occupied at the site.
d. The SMP may not be modified' without prior written authorization,from the DWR.
e.� Maintenance, activities for the wet detention basin shall be performed in accordance with the, notarized
0 &M agreement signed,by Daniel,'L.. Brown September,17, 2013; The-O &M agreement shall transfer
with the sale of the land or transfer-of ownership /.responsibilityfor the.BMP facility. DWR shall be
notified within th'irty'(30) days of every transfer.
3. Mitigation
We understand that you have agreed to provide stream and riparian Wetland' mitigation by payment into•
the Ecosystem Enhancement Program (EEP). A total of 299 linear feet of stream mitigation and one acre of
riparian wetland mitigation is required for impacting 299 linear feet of ,stream and '0.49 acre of riparian
wetland as a result of this project. Until EEP receives and clears your check, impacts specified in this 401

The Shops•@ Cameron Place
DWR# 13 -1112
401APPROVAL
Page 3 of-5
Water Quality Certification shall not occur. You have until February 28, 2014 to make these payments.
For accounting purposes, this Authorization Certificate authorizes, payment into EEP to meet the
.following compensatory mitigation requirements:
Mitigation
Type of
Compensatory Mitigation
River and Sub -
Provider
Impact
basin Number
EEP
Stream
299 (linear feet)
Cape
Fear /03030004
EEP
Wetland
1 (acre)
Cape
Fear /03030004
4. 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.
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) #or the areas that have been approved to infringe within'the, buffer, wetland
or water prior to any land disturbing activities to-ensure compliance with 15 NCAC 02H .0500.
6. This approval is for the purpose and design described in your application. The plans and specifications for
this project are incorporated by reference as 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 approval letter and
General Certification and is responsible for complying with all conditions.
7. This approval and its conditions are final and bindingiunl'ess 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 [phone] 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'Z:00am and; 5:00pm,
excluding official state holidays).

The Shops @ Cameron Place
DWR# 13 -1112
401 APPROVAL
Page 4 of 5
r
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 followingthe
faxed.fransmission. '
Mailing address for the OAH:
If `sending by First Class:Mad'
via the US Postal'Service:
Office of Administrative, Hearings
6714 Mail,Service Center
Raleigh, NC 27699 -6714
,If sending via delhverybservice
(e.g. ,UPS, F,edE)0:
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, �NC 27609 -6285
One (1) copy of the petition. must also be served to DEN R: -
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWR:
If sending by Flrst'Class Mail
,via the US-Postal Service:
Karen Higgins
NC DEN R-DWR — Webscape Unit
1650 Mail Service�Center
Raleigh, NC,27699:1650
If sending via delivery- service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR — Webscape Unit
5'12 N. Salisbury Street
Raleigh, NC27604
This letter completes the review of't'he Division under, section °401 of the Clean Water Act. ,Please contact
Cherri'Smith at 919 - 791 -4251 or cherri.smith @.ncdenr.gov if you have any.questions or,con, cern's.
nce ely,
(�'/�/I t
. h'r
Danny Sm' uperviso
Water. uality Regional Operations Section
Enclosure: 3890

The;Shops',p Cameron Place
D,W,R# 13 =1112
401,APPROVAL
Page 5 of`5
ec: U.S'. Army Corps.of Engineers; Raleigh Regulatory Field Office; 3331Aeritage,Trade Drive; St: T05;
Wake Forest, NC`2 -7597
Bob Zarzecki; Soil &, Environmental Consultants; 8412 Falls:of Neuse Road; Ste, 104; Raleigh,, NC
27615
RRO DWR 401 files