20090735 Ver 2_Approval Letter_20150526

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NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 26, 2015
KEPSC Hillsborough, LLC
Attn: Edward Kalikow
1400 Oakland Blvd., Ste. 103
Ft. Lauderdale, FL 33334
Donald R. van der Vaart
Secretary
DWR # 09- 0735v2
Orange County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Corbinton Commons
Dear Mr. Kalikow:
You have our approval for the impacts listed below for the purpose described in your
application dated March 16, 2015 and received by the Division of Water Resources (Division) on
March 17, 2015 with additional information received on May 14, 2015. 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 project, including 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 are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http: / /portal.ncdenr.org /web /wq /aps
1628 Mail Service Center, Raleigh, NC 27699 -1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Corbinton Commons
DWR# 09- 0735v2
401APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0.14 (acres)
0 (acres)
Road Crossing
0.28 (acres)
Neuse 03020201
Wetland
0.05 (acres)
0 (acres)
Sewer
Stream
52 (linear feet)
0 (linear feet)
Culvert
Stream
45 (linear feet)
0 (linear feet)
Dissipater
2. Mitigation Using Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from Restoration System's Pancho Stream &
Wetland Mitigation Bank to meet the wetlands mitigation requirement and EBX - Neuse
sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank or EBX -EM sponsored
Forrest Creek Mitigation Bank to meet the stream mitigation requirement. Until
Restoration Systems and EBX receive and clear 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
Restoration Systems and EBX to meet the following compensatory mitigation requirement
[15A NCAC 02H .0506 (b)(6)]:
3. Stormwater Management Plan (SMP) Approval from Local Communitv Required
You are required to provide one copy (hard copy or digital) of the approved SMP, including
plan details on full -sized plan sheets, with proof of the Town of Hillsborough's approval.
The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail
Service Center, Raleigh, NC 27699 -1617) before any impacts authorized in this certification
occur. After it is approved and submitted to the Division, the SMP may not be modified
without prior written authorization from the Town of Hillsborough. If the SMP is modified
in the future, then you shall provide one modified SMP with proof of approval to the DWR
401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC
02H .0506(b)(5)]
Compensatory Mitigation
Required
River and Sub -
basin Number
Stream
276 (feet)
Neuse 03020201
Wetlands
0.28 (acres)
Neuse 03020201
3. Stormwater Management Plan (SMP) Approval from Local Communitv Required
You are required to provide one copy (hard copy or digital) of the approved SMP, including
plan details on full -sized plan sheets, with proof of the Town of Hillsborough's approval.
The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail
Service Center, Raleigh, NC 27699 -1617) before any impacts authorized in this certification
occur. After it is approved and submitted to the Division, the SMP may not be modified
without prior written authorization from the Town of Hillsborough. If the SMP is modified
in the future, then you shall provide one modified SMP with proof of approval to the DWR
401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC
02H .0506(b)(5)]

Corbinton Commons
DWR# 09- 0735v2
401APPROVAL
Page 3 of 4
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. [15A NCAC 02H .0501
and .0502]
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 15 NCAC 02H.0500. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
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. [15A NCAC 02B .0507(d)(2)]
7. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51
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 thirty (30) 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.
Mailing address for the OAH:

If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Corbinton Commons
DWR# 09- 6735v2
401 APPROVAL
Page 4 of 4
If sending via delivery service
(e.g. UPS, FedEx):
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:
Sam Hayes, 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 First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR -DWR — 401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
If sending via delivery service
(e.g. UPS, Fed Ex):
Karen Higgins
NC DENR -DWR — 401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the 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 concerns.
DSincer ly,
Danny Smi h
Supervisor, Water Quality Regional Operations Section
A
Enclosure: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
Craig Ferri; EYC Investments, LLC; 2251 Charles Dr.; Raleigh, NC 27612
Kevin Yates; McAdams Company; 2905 Meridian Parkway; Durham, NC 27713
DWR RRO 401 File