20041764 Ver 3_Approval Letter_20071217

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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 17, 2007
DWQ Project # 04-1764, Ver. 3
Wake/Durham County
Mr. Karl Blackley
MBV Investors, LLC
100 Weston Estates Parkway
Cary, NC 27513
Subject Property: Shiloh Crossing
UT to Stirrup Iron Creek [030402, 27-33-4-2, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions -MODIFICATION
Dear Mr. Blackey:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.479 acres of 404/wetland and 274 linear feet of perennial stream, 18,533
square feet of Zone 1 protected Neuse River basin riparian buffers, and 19,912 square feet of Zone 2
protected Neuse River basin riparian buffers to construct the proposed commercial development; as
described in your revised application dated November 19, 2007, and received by the Division of Water
Quality (DWQ) on November 21, 2007. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705). The
Certification(s) allows you to use Nationwide Permit(s) NW39 when issued by the US Army Corps of
Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to
the protected riparian buffers per 15A NCAC 2B .0233. 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 or CAMA Permit.
This approval is for the purpose and design that you described in your application. 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 1501inear 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
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
I . 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. No other impacts are
approved including incidental impacts:
None Carolina
401 Oversight/Express Review Permitting Unit tllCll~~l,/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
232] Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
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MBV Investors, LLC
Page 2 of 6
December 17, 2007
T e of Im act Amount A roved Units Plan Location or Reference
404/Wetland 0.479 (acres PCN a e 10 of 17
Stream - erennial 274 (linear feet PCN a e 10 of 17
Buffer -Zone 1 18,533 (s uare ft.) PCN a e 14 of 17
Buffer -Zone 2 19,912 (square ft.) PCN age 14 of 17
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. 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.
3. 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 erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. 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.
c. 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. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.org/doh/operationslBMP_manuaUdownload/BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream
profiles are 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

MBV Investors, LLC
Page 3 of 6
December 17, 2007
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). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert. Therefore, you must provide plans with adequate details that indicate that the current
stability of the stream will be maintained or enhanced. You must receive written approval from this
Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according
to approved plans.
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. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. 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 rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
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 Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective. buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project.
7. Written Stormwater Management Plan (Final Plan Needed) Required For Each Phase
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) for each phase of the entire project shall be submitted to the 401
Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) and
the stormwater management plans shall be approved in writing by this Office before the impacts,

MBV Investors, LLC
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December 17, 2007
occupied infrastructure occupancy of buildings for that particular phase may occur. You have
the option of using the Express Review Program for expedited approval of these plans. If you
propose to use the Express Review Program, remember to include the appropriate fee with the
plan. Site-specific stormwater management shall be designed to remove 85% TSS according to
the latest version of DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout
waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division
shall require that extended detention wetlands, bio-retention areas, and ponds followed by
forested filter strips (designed according to latest version of the NCDENR Stormwater Best
Management Practices Manual) be constructed as part of the stormwater management plan when
a site-specific stormwater management plan is required.
The structural stormwater practices as approved by the Wetlands Unit 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.
The following language is hereby incorporated into this Condition per the request contained in
your correspondence to DWQ, dated May 15, 2007, and received by the DWQ on May 16, 2007:
Phase I:
The final stormwater mana ement acilities for Phase I (that includes Lot 1 Wal-Mart Sam's
Club, and Shiloh Green Glen) shall be constructed according to the approved stormwater
management plans received on May 1 S, 2007. The stormwater drainage infrastrucrure and
treatment facilities shall be constructed and operational prior to occupaying any o the above
buildings.
Phase 2:
Final grading and impacts to Wetlands #3C. #4, #6A, and #6B will be based on the preliminarx
stormwater mana e~plans received May 1 S, 2007. None of the buildings and infrastructure
associated with Phase 2 (that includes Lots 2 through 10 and Lower Shiloh Way) will be
occupied until the stormmwater drainage infrastructure and treatment facilities are constructed
and operational according to the approved stormwater mana em~ent plans.
Phase 3:
Final grading based on the preliminary stormwater mana eg ment plans received May 1 S 2007.
None ofthe buildings and infrastructure associated with Phase 3 (that includes Lot 12J will be
occupied until the stormmwater draina e infrastructure and treatment facilities are constructed
and operational according to the approved stormwater management,plans.
8. 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 1 SA
NCAC 2B .0233 and GC3627;

MBV Investors, LLC
Page 5 of 6
December 17, 2007
Mitigation:
9. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish. to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 calendar days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into
the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
T e of Im act Com ensator Miti ation Re aired River and Sub-basin Number
Stream - erennial 274 feet Neuse/03020201
Buffer Zone 1 32,649 (s uare feet Neuse/03020201
Buffer Zone 2 12,926 s uare feet Neuse/03020201
10. 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.
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
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.

MBV Investors, LLC
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December 17, 2007
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 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sin ly,
oleen H. Sullins
CHSlijm
Enclosures: GC3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Craig M. Duerr, Kimley-Horn and Associates, Inc., P.O. Box 33068, Raleigh, NC 27636-3068
Filename: 041764 Ver3ShilohCrossing(Wake_Durham~301_NBR

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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
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. Karl Blackley and MBV Investors, LLC, have permission as outlined
below to fill or otherwise impact 0.479 acres of 404/wetland and 274 linear feet of perennial stream, 18,533 square
feet of Zone 1 protected Neuse River basin riparian buffers, and 19,912 square feet of Zone 2 protected Neuse
River basin riparian buffers to construct the proposed commercial development, as described in your revised
application dated November 19, 2007, and received by the Division of Water Quality (DWQ) on November 21,
2007, which is located east of NC Highway 54 (Chapel Hill Road) and south of Surles Court, near Morrisville and
Durham, on the Wake/Durham County line, 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 #: 20061764, Ver. 3
LOCATION: Morrisville/Durham
COUNTY Wake/Durham
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigabee 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 Ecosystem Enhancement Program 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).
Im acts Miti ation
274 linear feet erennial stream 274 linear feet erennial stream
10,883 s uare feet Zone 1 Neuse Buffers 32,649 s uare feet Zone 1 Neuse Buffers
8,617 s uare feet Zone 2 Neuse Buffers 12,926 s uare feet Zone 2 Neuse Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program 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 ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 041764 Vera ShilohCrossing(Wake_Durham~101 _NBR_EEP
No°rthCarolina
401 Oversight/Express Review Permitting Unit ~ll~!lCll~~l,J
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
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Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
county:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water- Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary .to send
certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the- observation of the construction such that the construction was observed to be built within .substantial
compliance and intent of the 401_ Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional ~'
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permiee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction. was observed to be built witliin
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date