20091346 Ver 6_Approval Letter_20151006

North Carolina Department ent of Environmental Quality
October 6, 2015
Kite Reality Group
Attn: Mr. Matthew Van Dyke
30 South Meridian Street, Suite 1100
Indianapolis, IN 46204
Donald vari der Vaart
Secretary
DWQ #09 -1346 V6
Harnett County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions— Modification
New Hill Place
USACE Action ID. No. SAW- 2008 -00967
Dear Mr. Van Dyke:
A modification of the 401 Water Quality Certification ( #3841) for New Hill Place was last issued
on December 19, 2013. On August 31, 2015, the Division of Water Resources (Division)
received your modification request dated August 24, 2015.
In your modification request, you proposed to modify the phased mitigation plan by subdividing
phase 4 into two separate phases (Phase 4 & 5). By copy of this letter, Condition #2 of 401
Water Quality Certification 13841 is modified as follows:
2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below.
The Division has received an acceptance letter from the NC Ecosystem Enhancement
Program [currently the 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
.0506 (b)(6)]:
Type Compensatory Mitigation River and Sub -basin
Required Number
Stream - perennial 1,238 (linear feet) Cape
Fear /03030004
401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N Salisbury St. Raleigh, North Carolina 27604
Phone [phone] FAX 919 - 807 -64941 Customer Service 1- 877..623..0 748
Nnternet www.ncwaterquality org

Stream -intermittent 1,918 (linear feet) Cape
| | Fe3r/0303000*
Addhion8|kyperthe Certification revision dated November 13,2Ol3 and modification
request dated August 2/[2O15, the permnittee shall make payment to the Division of
Mitigation Services (DMS) in the amount determined by the DIVIS, sufficient to perform
the restoration for impacts of 0.871 acres of Riparian Bottornland Forest and 2,748
linear feet of cool water stream channel in the Cape Fear River Basin, Cataloging Unit
03030004. This will result in total mitigation amounts of2.75 acres and 3,986 linear feet
of stream. The perrnittee will pay into EEPinphases.
Phase 1 will include mitigation for 1,278 linear feet of stream impacts and 1.25 acres of
wetland impacts for the construction of the Target store and shops on the southwest
end of the property adjacent to New Hill Road. Impacts in Phase 1would be impact
areas 4, 6, 7, 8, and 8A on the permit (to take place immediately after construction
permit issuance).
Phase 2 will include mitigation for 624 linear feet of stream impacts associated with
construction Ofa sanitary sewer connection. Impacts in Phase 2would be impact area
2.
Phase 3 will include mitigation for 1,920 linear feet of stream impacts and 0.5 acre of
wetland impacts associated with construction of the shops on the northeast end Ofthe
property and the Holly Springs Thoroughfare. impacts in Phase 2would be impact areas
I,3,5,1O,1I,I1A,IlB, and I2 (estimated tO begin in2O]3). Prior tO impacts occurring
in Phase 3, the pernnitt8e will provide an updated acceptance letter to the Corps.
Phase 4 will be impact area 16 and does not require mitigation.
Phase 5 will include mitigation for l64 linear feet mf stream impacts associated with
construction of the out parcel areas at the northwest corner of the site adjacent to new
Hill Road. Impacts in Phase 5would b9 impact areas l5 and I7 (estimated to begin in
2Ul7). Prior to impacts occurring inPhase 5, the pernnit18e will provide an updated
acceptance letter to the Corps.
Construction within jurisdictional areas on the property shall begin only after the
permnitt28 has made payment tO the DK8S and provided 8 copy of the payment
documentation to the Corps, and the DIVIS has provided written confirmation to the
Corps that it agrees to accept responsibility for the mitigation work required, in
compliance with the DK4S In-Lieu Fee Instrument, approved by the United States Army
Corps of Engineers, Wilmington District OnJuly, 28, 2010.
All other conditions in4QI Water Quality Certification w S84I remain unchanged and are in
effect. This completes the review of the Division under section 401 of the Clean Water Act and

Kite Reality Group
DVVQ#O9'1346V6
Page 3of3
Burdet e at iennif£r.burdette(4)ncdenr.gow or 919-807-6364 if you have any questions Or
concerns.
Sincerely,
Karen Higgins, Sup2r-N or
4Ol& Buffer Permitting Unit
[C: U3ACE Raleigh Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DVVR RRO4O1file
DVVR4O1& Buffer Permitting Unit file
Filename: 091346V6NewHillPlace(Wake)401_IC—Addendum.docx