20151288 Ver 1_Approval Letter_20160503

Water R esources
ENVIRONMENTAL QUALITY
May 3, 2016
I T B Holdings, LLC
Attn: Mr. Christopher M. Willet
1829 E. Franklin Street, Ste 800-B
Chapel Hill, NC 27514
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 15-1288
Wake County
Subject: Authorization of Neuse River Riparian Buffer Protection Rules Major Variance with
Additional Conditions
2912 Wake Forest Road Redevelopment
Dear Mr. Willet:
You have our approval for the impacts listed below for the purpose described in your application
dated December 11, 2015, received by the Division of Water Resources (Division) December 14,
2015, with subsequent information on February 4, 2016. This letter shall serve as your Major
Variance approval with conditions as authorized in 15A NCAC 02B .0233 (9)(c)(ii). This letter only
addresses the major variance from the buffer rules and does not approve any activity within
Waters of the United States or Waters of the State. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations.
This approval requires you to follow the conditions listed below:
1. The following impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0233(9)(c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers — Zone 1
23,891 (square feet)
0 (square feet)
Buffers — Zone 2
13,686 (square feet)
0 (square feet)
2. No additional impacts other than exempt uses as identified within 15A NCAC 02B .0233
shall occur within the protected riparian buffer unless approved by the Division.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

ITB Holdings, LLC
DWR # 15-1288
Major Variance Approval
Page 2 of 5
3. Mitigation Plan
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from Wildlands Holdings to meet 43,383 square
feet of this mitigation requirement and Resource Environmental Solutions, Inc. (RES) to
meet the remaining 48,819 square feet of this mitigation requirement. Until the bank
sponsors receive and clear 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 Wildlands Hydrology and
RES to meet the following compensatory mitigation requirement [15A NCAC 02B .0233
(9)(c)001:
4. Stormwater Management Plan
You are required to provide one copy of the approved SMP, including plan details on full-
sized plan sheets, with proof of City of Raleigh's approval. The approved SMP shall be
submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh,
NC 27699-1617) before any impacts authorized in this certification occur. After it is
approved and submitted to the Division, the SMP may not be modified without prior
written authorization from the City of Raleigh. 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 02B .0233
(9)(0001:
Compensatory
Mitigation Required
River and Sub -basin
Number
Buffers
Buck Swamp Parcel and/or Caraway
Creek Parcel Bank Sites of the WEI —
43,383 (square feet)
Neuse
Neuse 01 Nutrient Offset and Buffer
03020201
Umbrella Bank
Buffers
Buffalo Branch, Cedar Grove, Selma Mill
and/or Forrest Creek Banks Sites of the
48,819 (square feet)
Neuse
EBX Neuse Riparian Buffer Umbrella
03020201
Mitigation Bank or EBX-EM Forrest
4. Stormwater Management Plan
You are required to provide one copy of the approved SMP, including plan details on full-
sized plan sheets, with proof of City of Raleigh's approval. The approved SMP shall be
submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh,
NC 27699-1617) before any impacts authorized in this certification occur. After it is
approved and submitted to the Division, the SMP may not be modified without prior
written authorization from the City of Raleigh. 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 02B .0233
(9)(0001:

ITB Holdings, LLC
DWR # 15-1288
Major Variance Approval
Page 3 of 5
5. Erosion and Sediment Control Practices
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 [15A NCAC 02B
.0200]:
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.
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.
The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution
Control Act.
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. [15A NCAC 2B .0233]
7. Protective Fencin
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.
8. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference and are an enforceable part
of this Approval. if you change your project, you must notify the Division and you may be
required to submit a new application package. If the property is sold, the new owner

ITB Holdings, LLC
DWR # 15-1288
Major Variance Approval
Page 4 of 5
must be given a copy of this Approval and is responsible for complying with all conditions.
[15A NCAC 2B .02331
9. The applicant and/or authorized agent shall provide a completed Certificate of
Completion Form to the DWR 401 & Buffer Permitting Branch within ten days of project
completion (available at: http://deg.nc.gov/about/divisions/water-resources/water-
resources-permits/wastewater-branch/401-wetlands-buffer-permits/401-application-
forms-help-documents.
10. This approval grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. This approval and its conditions are final and binding
unless contested.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Major Variance can be contested as provided in Articles 3 and 4 of General Statute 150E 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 http://www.ncoah.com/ 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:OOam and S:OOpm, 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.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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 Department of Environmental Quality:

ITB Holdings, LLC
DWR # 15-1288
Major Variance Approval
Page 5 of 5
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 2B .0233. Please contact Jennifer Burdette at 919-807-6364 or
[e-mail] or if you have any questions or concerns.
Sincerely, 11
Karen Higgins, Supervisor
401 & Buffer Permitting Branc
cc: Bob Zarzecki, Soil & Environmental Consultants, Inc., 8412 Falls of Neuse Road, Ste
104, Raleigh, NC 27615
Richard Sherman, ITB Holdings, LLC, P 0 Box 2152, Chapel Hill, NC 27515
DWR RRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 151288_2912WakeForest RdRedevelopment(Wake)_NRB_MJV.docx