20140710 Ver 2_Approval Letter_20150624

L
NCDENR
North Cardina Department of Environment and Natural Resourcl
Pat McCrory
Governor
HDC-Wendover-Greensboro Partners LP
Attn: IKey Kasravi
12335 Kingsri!de Lane, Suite 280
Houston TX 77024
Donald R, van der Vaart
Secretary
DWR # 14-0710 v2
Guilford County
Subject: Approval of Individual 4011 Water Quality Certification with Additional Conditions
Sapp Road — Wenido!ver Commons Shoppiing Center — Phase 2
USACE Action ID. No. SAW-2013-01863
Dear Mr. Kasravi:
Attached hereto is a copy of Certification No. 4023 issued to Key Kasravi and' HDC-
Wendover-Greensboro Partners LP, dated June 16, 2015, Please note that you should get
any other federal, state or local permits before proceeding with the subject 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)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at ht,to-://www,ncoa,hcgijiZ or by calling the
OAH Clerk's Office at [phone] for information. 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 [phone], 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.
Dvision of Water ReSOUrces - 401 & Bjjffer Permill(ng Unit
1617 Mail Service Center, Ra�ejgh, Nwh Carolina 27699-1617
Locafion� 512 N Saksbury St, Raie gh, Not) Carofina 27604
Phony 919-807--6300 f FAX! 919'r'807.6492
Nnternet www inwateTqUaWy Org
An Equal (Dpporluriity � 1 ffimiat3ve ArAkin EinlAoyef - Made in dart by mcycVed paper

Mailing address for the OAH:
If sending vio US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
HDC-Wendover-Greensboro Partners LP
NITAI *01191 E 9111A 1117%
Individuall Certification # WQC004023
Page 2 of 7
If sending via delivery service (UPS, FedEx, 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:
Sam M. Hayes, General! Counsel
Department of Environment and Natural Resources
1601 Miail Service Center
Unless such a petition is filed, this Certification shall be finial and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Sue Homewood at 336-776-9693 or
SuH
e.or w
neoodCo
, ?ngdaermp
.. . ... . ............. .
q if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: Michael Brame, Pilot Environmental Inc (via email)
David Bailey, USAGE Raleigh Regulatory Field Office (via email)
Kelly Williams, DIVIS (via email)
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file
Filenarne: l407lOv2SappRdShoppingCenterPhase2(Guilford)-401—IC.docx

HDC-Wendover-Greensboro Partners LP
Iraqi 11T.s 0 go] FA I W WA
Individual Certification # WQC004023
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION # 4023 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 Key Kasravi and HDC-Wenclover-Greensboro Partners LP, who have
authorization for the impacts listed below, as described within your application received by
the N.C. Division of Water Resources (Division) on March, 23, 2015 and subsequent
information on May 29, 2015, and by Public Notice issued by the U. S. Army Corps of
Engineers and received by the Division on April 7, 2015.
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 hereiinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. The following impacts are hereby approved provided that alll of the other specific and
general' conditions of the Certification are met. No other impacts are approved, including
inicidlental impacts, [15A NCAC 0211 .0506(b)(c)]
Type of Impact
404/4011 Wetlandls
Site I
Amount Approved
(units),
Permanent
0.571 (acres)
Amount Approved
(units)
Temporary
0 (acres)
2, The wetland impacts from Phase 2 of this project shall be combined with the impacts from
Phase 1 of this project (DWR#14-0710 issued August 20, 2014) for the purposes of
mitigation. Mitigation must be provided for the proposed impacts of both Phases as
specified in the table below. The Division has received an acceptance letter from the NC
Division, of Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS
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 DMS to meet the following
compensatory mitigation requirement [15A NCAC 02H 20506 (b)(6)]:
Compensatory Mitigation Required River & Sub-basin Number
Wetlands 0,464 acres Phase 1 Cape Fear
0.571 acres Phase 2 03030003

HDC-Wendover-Greensboro Partners LP
DWR# 14-0710 Q
lndMdual Certificafion, # WQC004023
Page 4 of 7
3. The proposed project must comply with the City of Greensboro, local water supply
ordinance approved by the N.C. Environmental Management Commission (EMC) as required
under the Randleman Lake Water Supply Watershed: Protection and Maintenance of
Riparian Areas (Randleman Buffer Rule) 15A NCAC 02B .0250.
4. You are required to provide one copy of the approved SMP, including plan details on full-
sized plan sheets, with proof of City of Greensboro's approval. The approved SMP shall be
submitted to the DWR 401 & Buffer Permitting, Unit (1617 Mail Service Center, Ralleiigh, NC
27699-1617) before any impacts authorized in this certification occur. After it is approved
and submitted to the Division, the SMIP may not be modified without prior written
authorization, from City of Greensboro 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)]
5. 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 pllans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 012H .05011 and .0502]
6. 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. If applicable, the project must comply with the specific condiitions
and requirements of the NPIDES Construction, Stoirmwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:
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.
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 materiials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.

HDC-Wenidover-Greensboro Partners LIP
DWR# 14-0710 v2
Individual Certification # QC004023
Page 5 of 7
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. [15A NCAC 02H
.0501 and .0502]
7. 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
(NCG0,10000), inspection log sheets, and other information may be found at:
bl!p,.&ortall.ncdenr.oirg/webi/wq/ws/syjUpoessw#ta,bs -w. 15A NCAC 02H .0506(b)(5) and
(c)(5)]
B. 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. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
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. [15A NCAC 02B .0200]
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, [15A NCAC 02H .0506(b)(2) and (c)(2)]
11. All temporary pipes/culverts/riprap pads etc. shall be installed in all streams as outlined in the
most recent edition of the North Carolina, Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2)
and (c)'(2)]

HDC-Wendover-Greensboro Partners LP
DVVR4 14-0710 v2
lndividuau Certification 4 WQC004023
Page 6 of 7
12. Any iriprap, required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction, activity. All riprap shall be buried and /or "keyed in" such that the original
stream elevation and streambanik 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. [15A NCAC 02H 0506(b,)(2)]
13. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, 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. [15A NCAC 02H .0506(b)(2)]
14. This Certification, does not relieve the applicant of the responsibiility to obtain all other
required Federal, State, or Local approvals.
15. Key Kasravi and HDC-Wendover-Greensboro Partners LP shall conduct construction
activities in a manner consiistent with State water quality standards (includling any
requirements resulting from compliance with section, 303(d) of the Clleain Waiter Act) and
any other appropriate requirements of State and Federal law. [15A NCAC 02B .0200] 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 Key Kasravi and HDC-Wendover-Greensboro Partners LIP and the U.S. Army
Corps of Engineers, provide public notice in accordance with 15A NICAC 02H .0503 and
provide opportunity for public hearing in accordance with 15A NCAC 021-1 .05014. Any
new or revised conditions shall be provided to Key Kasravi and' HDC-Wenclover-
Greensboro Partners LP in writing, shall' be provided to the U.S. Army Corps of Engineers
for reference iin any Permit issued pursuant to Section 404 of the Clean Water Act, and
shall also become conditions of the 4014 Permit for the project.
16, This approval iis for the purpose and design described in your application and as described in
the Public Notice, The plans and specifications for this project are i!ncorporaited 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. [15A NCAC 02H .0501 and
,0502]

HDC-Wendover-Greensboro Partners LP
DWR# 14-0710 v2
Individual Certification # WQC004023
Page 7 of 7
17. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at: lit-tp: //portal ncdenr.org/web/wq/swp/­mss/401/cei,tsandperi-yiits/""slpplv/for't-ns).
[15A NCAC 02H .0502(f)]
18. This certification grants permission to the director, an authorized representative of the
Director, or DEN'R staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
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. (15A NCAC 02H .0507(d)(2) and 15A NCAC
02H.0506]
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 24th day of June 2015
Karen, Higgins, Supervisor
401 & Buffer Permitting Unit
KAHIsh
4023

North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Key Kasravi of HDC- Wendover- Greensboro Partners LP has permission as outlined
below to fill or otherwise impact 1.035 acres of wetlands to construct the proposed Sapp Road Shopping Center Phase 2 project at the
subject property which is located off Wendover Ave and Sapp Rd, Greensboro, in Guilford County, North Carolina. 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 4: 2014 -0710 v2
SITE NAME: Sapp Road Shopping Center — Phase 2
LOCATION: Greensboro, NC
COUNTY Guilford
BASIN/ SUB BASIN Cape Fear (HUC: 03030003)
As required by 15A 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 Division of Mitigation Services 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).
Impacts Mitigation
1.035 acres of wetlands 1.035 acres of wetlands
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the
Wetlands, Stream and Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the
form along with a copy of the 401 Certification and Variance Approval to the Division of Mitigation Services 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 DIVISION OF MITIGATION SERVICES.
Signature Date
Division of Mitigation Services
1652 Mail Service Center
RALEIGH, N.C. 27699 -1652
(919) 707 -8976
North Carolina Division of Water Resources, Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107
Phone: 336 - 771 -5000 \ FAX 336 - 771 -4630 \ Customer Service: 1- 877 - 623 -6748
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
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