20061614 Ver 2_Approval Letter_20071205

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 5, 2007
DWQ EXP No. 06-1614v2
Wake County
WLA Garner Retail, LLC
Attn: Mr. John Price
2361 South Centennial Avenue
Aiken, SC 29803
Subject Property: Garner Retail Site
UT to Swift Creek [030402, 27-43-5-(2), WS-III, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions (REVISED)
Dear Mr. Price:
This approval letter replaces the letter sent to you on December 28, 2006 that contained errors. You have
our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.08 acres of wetland, 124 linear feet of perennial stream with a box culvert, and 22
linear feet of perennial stream for a sanitary sewer line crossing for the purpose of constructing the
commercial shopping area, as described within your Pre-construction Notification Application dated
November 29, 2006 and additional information received on December 15, 2006, December 21, 2006, and
December 27, 2006. The impacts are covered by: General Water Quality Certification Number 3402
(GC3402). General Certification 3402 allows you to use Nationwide Permit NW39 when issued by the
US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, 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 Permit.
This approval is for the purpose and design that you described in your application and revised level
spreader design calculations (Dec. 22, 2006) and extended detention wetland details (Dec. 20, 2006). If
you change your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total fills for this project (now or in the future)
exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached Water Quality Certification (GC 3402) and any additional conditions listed below.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Cazolina 27699-1650
2321 Crabtree Boulevazd, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlaiids
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An Equal OpportuniTy/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

Garner Retail Site
EXP 06-1614v2 Revised
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December 5, 2007
The Additional Conditions of the Certification are:
Impacts Approved
The following impacts are hereby approved
conditions of this Certification (and Isolated
approved including incidental impacts:
as long as all of the other specific and general
Wetland Permit) are met. No other impacts are
Impact Type Amount Approved
(Units) Plan Location or Reference
Stream erennial 124 linear feet November 29, 2006 PCN a e 9
Stream ( erennial) Tem 22 (linear feet) November 29, 2006 PCN a e 9
Wetland 0.08 (acres) November 29, 2006 PCN a e 8
Ri arian buffer Zone 1 9,770 s uare feet November 29, 2006 PCN a e 12
Ri arian buffer (Zone 2) 6,835 (s uare feet) November 29, 2006 PCN a e 12
2. 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 and authorized by this
approval letter. 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.
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 in
order to protect surface waters standards:
a. The 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http •//h2o. enr, state. nc. us/su/Forms Documents. htm.
Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
written approval by DWQ. 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 or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All devices shall be removed and

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.Garner Retail Site
EXP 06-1614v2 Revised
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December 5, 2007
the natural grade restored within two (2) months of the date that the Division of Land Resources has
released the project.
Diffuse Flow Measures Approved
The diffuse flow measures (level spreader designs submitted on December 22, 2006) must be
implemented and the stormwater management facilities shall be constructed and operational
before any permanent building is occupied at the subject site. The structural stormwater practices
as approved by this Office as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization from
the Division of Water Quality.
7. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best
management practices from the most current version of the NC Sediment and Erosion Control
Manual, or the NCDOT Construction and Maintenance Activities Manual, such as sandbags, rock
berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH and possible aquatic life/fish kills.
9. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profile
is not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Installation of culverts in wetlands must ensure
continuity of water movement and be designed to adequately accommodate high water or flood
conditions. Existing stream dimensions (including the cross section dimensions, pattern and
longitudinal profile) shall be maintained above and below locations of each culvert. Placement of
culverts and other structures in waters, streams, and wetlands must be placed below the elevation of
the streambed by one 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 low flow passage of
water and aquatic life. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of riprap or other bank hardening methods. If riprap is
necessary, it shall not be placed in the streambed, unless specifically approved by the Division of
Water Quality.
10. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands

Garner Retail Site
EXP 06-1614v2 Revised
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December 5, 2007
Unit of the NC Division of Water Quality upon completion of the project. Please send photographs
upstream and downstream of the culvert site to document correct installation along with the
Certificate of Completion form
11. 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 15A
NCAC 2B .0233 and GC 3402.
12. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and riparian buffers in order to assure compliance for future wetland, water and riparian
buffer impact. These mechanisms shall be put in place prior to impacting any wetlands
and/or waters approved for impact under this Certification Approval and Isolated
Wetlands Permit.
13. Written Stormwater Management Plan
The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) dated December 19, 2006, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is
occupied at the subject site. The structural stormwater practices as approved by this Office as well
as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality.
14. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
15. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
16. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§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 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, then the Division may reevaluate and modify this General Water
Quality Certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
~. - expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that

Garner Retail Site
EXP 06-1614v2 Revised
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December 5, 2007
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 1 SA NCAC 2B .0233. If you have
any questions, please telephone Lia Myott at 919-733-1786.
Sinc ely,
Coleen H. Sullins
CHS/cbk/lem
cc: USAGE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File copy
Central Files
John Davis, S&ME, 3201 Spring Forest Rd, Raleigh, NC 27616
File: 061614v2GarnerRetailSite(Wake)EXP401Reviwd