20090133 Ver 3_Approval Letter_20151218

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AVHBETHPAGE,LLC
At n: Mr. Bill Kiselick
86O1NScottsdale Road, Ste 225
Scottsdale, AZ85253
ALFCPAGE ROAD, iLLC
Attn: Mr. Scott Lay
848OHoneycutt Road, Ste 2OO
Raleigh, NC 27615
Tri -Properties, Inc.
At n: Mr. Greg Sanchez
4309 ErnpOrerBoulevard, Ste 11O
Durham, NCZ77O3
P/\TM CCR O0Y
D0N/\LDR.VAN DER VAADI
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S. JAYZ}MK4ERK1AN
December I8,2O15 u^=^
OVVR#O9-Ol3SV5
Durham County
Subject: Approval of Individual 401 Water Quality Certification and Neuse River Riparian
Buffer Impacts with Additional Conditions - After -the -Fact Modification
HethPag2Mixed-Use Development
U3ACEAction ID. No. 3AVV-2OOG-33G45
Dear Mr. Ki52|iCk� Mr. Lay and Mr. Sanchez:
Attached hereto iSacopy OfCertification No. 38O9issued tOMr. Bill KiseUckand AVHBETHPAGE,
LLC; Mr. Scott Lay and ALFC PAGE ROAD, LLC, and Mr. Greg Sanchez and Tri-PrVperti2s, Inc.,
dated December 18, 2015. This certification replaces the previous certification issued on May 28,
3014. The applicant requested modification Ofthe certification tOprovide 3fter-the-f@ct
approval of an unauthorized impact to 0.09 acre of riparian wetland area B and to remove 0.11
acre of previously permitted impact to wetland area A. The requirement for buffer rnidQJtiOn
was also updated and revised toreflect rounding by phase. The receipt date of the draft
conservation declaration in Condition #2 was also corrected. 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 1D\ 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
State ofNorth Carolina IEnvironmental Quality I Water Resources
/a/rMail service Center I Raleigh, North Carolina 2,mvmn
"nxoranu

AVHBETHPAGE,LLC; ALF[PAGE ROAD, LLC; Qhi-Properties,Inc.
DWR# 09-0133 V3
Individual Certification #3809
Page 2 of 10
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty
(60) calendar days.
Apetition form may b2obtained from the OAH at Orb«calling the OAH
Clerk's Office at [phone] for information, A petition is considered filed when the original
and one (I) copy along with any applicable [)AH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00arn and 5:00prn, excluding official state
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any 8pp|iCJh|e OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via UfPostal Service
Office ofAdministrative Hearings
67I4Mail Service Center
Raleigh, N[27G99-67l4
If sending via delivery service (UPS
FedEx, etc):
Office ofAdministrative Hearings
I7IINew Hope Church Road
Raleigh, N[27GOB-G2O5
One (1) copy of the petition must also be served to DENR:
Lacy PresneU,General Counsel
Department OfEnvironment and Natural Resources
lbOlMail Service Center
Raleigh, N[J7699-I6Ol
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and I5AN[A[O2HD5OO. Contact Jennifer 8urcleteat9l9-O07-G]54Qr
O[[heF[iSmith 8t919-791-4252Or if
you have any questions 0rconcerns.
Sincerely,/
Karen Higgins, Supervisor

AVHBETHPA6E,LLC; ALF[PAGE ROAD, LLC, &Tri-Properties,Inc.
DVVR#O9-Ol33V3
Individual Certification #3O09
Page 3of10
CC: Kevin Yates, The John R. K4CAdarn5 [Onnpany, Inc., 2905 Mehdan Parkway, Durham,
N[27719
USA[E Raleigh Regulatory Field Df[C2
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DVVR RRO40lfile
OVVH4OI& Buffer Permitting Branch file

AVHBETHPA6E,LLC; AlF[PAGE ROAD, LLC; &Th-Pmperties,Inc.
DWR# 09-0133 V3
Individual Certification #3809
Page 4o11O
CERTIFICATION #3908 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 and 15AN[A[02B .0200, to Mr. Bill Ki5eliCkand AVH BETHPAGE, LLC; Mr. Scott Lay and
ALF[ PAGE ROAD, LL[; and Mr. Greg Sanchez and Tri-PrOperti85, Inc., who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of
Water Resources (Division) on February 9, 2009, Public Notice issued by the USArmy Corps of
Engineers and received bythe Division OnFebruary I3,2OO9;additional information received by
the Division onApril 9,2O09,May Zb,2OO9,July 2,2OO9,July 27,2O09,August 18,2OO9,March 26,
2010, and June 8, 2010; modification request received by the Division on April 1, 2014 and
subsequent information OnMay 3O,2DI4and May 27,2OI4, and asecond modification request
received by the Division on November 5, 2015 and subsequent information on December 18,
2015.
The State of North Carolina certifies that this activity will not violate the applicable portions Of
Sections 3O1,3O2,3O3,3O6,3O7ofthe Public Laws 92-5O0and PL95-2I7ifconducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you tOfollow the conditions listed inthe certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. N0other impacts to
wetlands, streams, and/or buffers, are approved including incidental impacts:
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
0.09 (acres)
0 (acres)
The following impacts are hereby approved as previously approved by an Individual
Certification issued on May 28, 2014 and revised based on the modification request dated
November 4, 2015 and received by the Division On November 5, 20I5.
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Stream Channel
1,554 (linear feet)
486 (linear feet)
Stream Channel
418 (linear feet)
190 (linear feet)

AVH BETHPAGE, LLC; ALFC PAGE ROAD, LLC; & Tri -Properties, Inc.
DWR# 09-0133 V3
Individual Certification #3809
Page 5 of 10
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
0.70 (acres)
0.0 (acres)
Buffers —Zone 1
106,699 (square feet)
0 (square feet)
Buffers — Zone 2
66,735 (square feet)
0 (square feet)
2. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below.
Type of Impact
Compensatory Mitigation
Required
River and Sub -basin
Number
Stream (perennial)
1,554 (linear feet)
Neuse/03020201
Buffers - Zone 1
271,968 (square feet)
Neuse/03020201
Buffers - Zone 2
81,398 (square feet)
Neuse/03020201
We understand that you wish to make a payment to the Division of Mitigation Services (DMS)
to meet this buffer mitigation requirement and a combination of onsite stream restoration
(restore 2,400 linear feet of stream) and preservation (preserve 14,461 linear feet of stream)
to meet the stream mitigation requirement. These methods have been determined by the
Division to be suitable methods to meet the mitigation requirements. PLEASE NOTE: The
Division has agreed to allow the permittee(s) to pay their buffer mitigation fees as each
phase of the Beth Page project's construction plans are approved where construction of that
phase, and the associated impacts, are imminent (Phases are as indicated on the "BethPage,
Overall Site Plan, Figure 6", Revised May 19, 2014 and submitted on December 18, 2015).
Until DMS receives and clears your check for a specific phase, no buffer impacts specified in
this Authorization Certificate for that phase shall occur. DMS should be contacted at
[phone] if you have any questions concerning payment into the fund. For accounting
purposes, this Authorization Certificate authorizes payment to DMS to meet the following
compensatory mitigation requirement:
Type of Impact
Compensatory Mitigation
Required
River and Sub -basin
Number
Phase 1— Paid October 3, 2014 EEP#20190
Buffer
65,993 (square feet)
Neuse/03020201
Phase 2
Buffer
48,353 (square feet) Neuse/03020201
Phase 3
Buffer
113,039 (square feet)
Neuse/03020201
Phase 4
Buffer
30,585 (square feet)
Neuse/03020201

AVHBETHPAGE,LLC; ALF[PAGE ROAD, LLC; & Tri -Properties, Inc.
DVVR#O9'01S3V3
Individual Certification #3QO9
Page 6of10
Type of Impact Compensatory Mitigation � River and Sub -basin
Required Number
Phase 5
-Buffer 95,396 (square feet) N�euse/03020201
You have our approval for your proposed final on-site stream mitigation plan 8Sdescribed in
the UT to Stirrup Iron Creek; Durham County, North Carolina; RESTORATION PLAN dated July
2009. The restored stream must be constructed, maintained, and monitored according to
the aforementioned plan approved bythis Office. Any repairs Oradjustments tOthe site
must be made according to the approved plans or must receive written approval from this
Office. The nnib0GtiOn site must be preserved in perpetuity aSdescribed in BethPoge, Exhibit
A Preservation Area Mop revised May 19, 2014, and the draft Conservation Declaration
submitted bye-mail OnOctober 28,2009.
This mitigation plan is only approved for credits towards the impacts associated with this
Stormwater Management Plan
You are required to provide one copy of the approved SMP for the current phase and future
phases, including plan details On full-sized plan Sheets, with proof of the City Of Durham's
approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Branch
(IGl7Mail Service Center, Raleigh, N[ 27699-16I7) before any impacts authorized inthis
certification occur. After itisapproved and submitted tOthe Division, the SMP may not be
modified without prior written authorization from the City of Durham. |fthe SMP ismodified
in the future, then you shall provide one modified SMP with proof of approval to the DWR
401 & Buffer Permitting Branch prior to the commencement of the modifications.
4. Any final construction plans for this project nnu5tinClUdeOrref2n2nCe1he3pp|iC8tion@nd
plans approved hxthe Division under this authorization.
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 plans and specifications for this project 8reinCOrponated byreference and are
enforceable parts ofthis permit.
6. Sediment and Erosion Control
Erosion and sediment control practices must b2infull compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and

AVHBETHPA5E,LL[ ALF[PAGE ROAD, LLC &Tri-Pnoperdes,Inc.
DVVR#09-0133V3
Individual Certification #38O9
Page 7ofl0
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal Orexceed the requirements specified inthe
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)pr jects,inC|udin#cOntr@Ctnrnvvn2dOr|e8sed borrow pits associated with the
project.
b. For borrow pit sites, the erosion and sediment control measures must bedesigned,
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 materials required for stabilization and/or repair of erosion control
measures and storrnvvaterrouting and treatment shall be on site 3tall times.
7. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions tothis condition require application submittal to and written approval by the
Division. If placement of sediment and erosion C0ntnJ| 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 toorupstream and downstream Dfthe 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.
8. Construction Stormwater Permit NCGO10000
An NPIDES Construction 3tOnnvv8t2r Permit is required for construction projects that distVrb
one (1)Qrmore acres Ofland. This Permit allows 5Lornnvvatertnbedischarged during land
disturbing construction activities asstipulated inthe conditions Ofthe permit. |fyour 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 isrequired. Acopy Ofthe general permit (NCGOlOOOO),
inspection log sheets, and other information may befound at:
9. Work inthe O
All work inOradjacent tnstream waters shall b2conducted 5Othat the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the N[ Sediment and Erosion Control Manual, or the N[ 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.

AVH BETHPAGE, LLC;ALF[PAGE ROAD, LLC; QTh-Properties,Inc.
DVVR#09-0l33V3
Individual Certification #38O9
Page 8 of 10
10. If concrete is used during the construction, then all necessary measures ShGU 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.
I]. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project ShaUbeinstaUedin5uchan0annertha1theohgin8|Stn2arn
profiles are not altered and tOallow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must bemaintained above and below locations Ofeach culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
thestreannbed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
|Ovv [|Dvv passage Ofwater and aquatic |i62.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed tOadequately accommodate high water orflood conditions. Additionally, when
roadways, causeways, Orother fill projects areconstructedacrossFEK4Ardesignated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the flO0dvvaythat may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
12. 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 berestored tooriginal 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.
lB.All temporary pipes/Cu|ver*/hpr8ppads etc, shall b2installed inall streams asoutlined inthe
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual 3O as not to restrict stream flow or cause dis-equilibrium.
14. Any hpnap required for proper culvert placement, stream stabilization, or restoration Of
temporarily disturbed areas shall berestricted tothe area directly impacted by the approved
construction activity. All riprapshall beburied and/or "keyed in" such that the original stream
elevation and stremrnbank contours are restored and maintained. Placement ofripr8p or other

AVHBETHPA5ELLC; ALFCPAGE ROAD, LLC; &Th -Properties Inc.
DVVR#O9-01S3V3
Individual Certification #38O9
Page 9of10
approved materials shall not result in cle-stabilization of the stream bed or banks upstream or
downstream of the area.
15.Any hpn3pused for stream stabilization shall beVfasize and density 3Oa3not toheable t0be
carried off bywave, Current action, or stream flows and consist Ofclean rock or nn8S0nry
material free of debris or toxic pollutants. Nipr8p shall not be installed in the 5trearnbed
except in specific areas required for velocity control and to ensure integrity of bank
stabilization measures.
16.Aone-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
17. Deed notifications or similar rneCh3niSnns shall he placed on all retained jurisdictional wetlands,
waters and protective buffers within the project boundaries in order to assure compliance for
future wetland, water and buffer impact. These mechanisms shall beput inplace atthe time
of recording of the property, or of individual lots, whichever is appropriate. Asample deed
notification can be downloaded from the 4Ol&BufferPermitting Branch website at
. The text Ofthe
sample deed notification may be modified as appropriate to suit tothis project.
Documentation of deed notifications Sh8U be provided to the Division upon request.
18. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
19. Continuing Compliance
Mr. Bill Kiselickand AVH8ETHPAGE,LLC; Mr. Scott Lay and ALF[PAGE ROAD, LLC; and Mr.
Greg Sanchez and Tri-Pn]pertieS,Inc. shall conduct construction activities in@manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. 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 orfederal law isbeing violated, orthat further conditions are necessary tOassure
compliance, the Division may reevaluate and modify this Certification. Before modifying the
Certification, the Division shall notify Mr. Bill KiJe|iCkand AVH 8ETHPAGE, LL[; Mr. Scott Lay
and ALFCPAGE ROAD, LLC; and Mr. Greg Sanchez and Tri-PrOpertieS, Inc. and the U.S. Army
Corps OfEngineers, provide public notice in accordance with I5A NCA[O2H D503 and
provide opportunity for public hearing in accordance with 15A N[AC OJH D504. Any new or
revised conditions shall be provided to Mr. 8i|| Kise|iCkand AVH BETHPAGE, LLC; Mr. Scott
Lay and ALF[ PAGE ROAD, LL[; and Mr. Greg Sanchez and Tri -Properties, Inc. in writing, shall

AVHBETHPAGE,LLC; ALF[PAGE ROAD, LLC; &Th-Pmperties,Inc.
DVVR#09'0I33V3
Individual Certification #38O9
Page 10 of 10
be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant
to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit
for the project.
ZO.This approval iSfor the purpose and design described inyour application and asdescribed in
the Public Notice. The plans and specifications for this project areincOrpon3ted by reference
and are 2nenforceable part ofthe Certification. |fyou change your project, younnustnotif«
the Division and you may be required to submit a new application package with the
appropriate fee. |fthe property iSsold, the new owner must be given @ copy Ofthis
Certification and isresponsible for complying with all conditions. Any new owner must notify
the Division and request the Certification heissued intheir name.
21. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form tothe DVVR40l&Buffer Permitting Branch within ten days ofproject connp|etion
22.Thi6CertifiC8ti0ngo3ntSpennissiontOthedirectOr,anauihohz2dn2pn2s£ntativeofthe
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
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 ineffect Onthe date 0fissuance shall remain ineffect for the life ofthe project,
regardless of the expiration date of this Certification.
Non-compliance with or vi0|JdOn 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 18th day of December 2015
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAHAab
3908