20060018 Ver 2_Approval Letter_20080314

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
March 14, 2008
DWQ EXP No. 06-OO18v2
Wake County
American Asset Corporation
Attn: Mr. Joe Dye
8211 Brier Creek Parkway, Suite 103
Raleigh, NC 27617
Subject Property: Cary Creek Commons
Nancy Branch [030605, 16-41-1-17-3-2, WS-N, NSW]
Approval of 401 Water Quality Certification with Additional Conditions (Modification) -Express
Review Program
Dear Mr. Dye:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.165 acres of wetlands and 360 linear feet of intermittent stream for the
purpose of constructing the proposed retail center at the subject property, as described within your
application dated March 12, 2008 and received by the.N.C. Division of Water Quality (DWQ) on March
13, 2008. This approval replaces the 401 Water Quality Certification issued on April 27, 2006. 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) 39
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 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 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
certification and any additional conditions listed below.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetl~urds
None hCarolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

American Asset Corporation
EXP 06-0018v2
Page 2 of 4
March 14, 2008
The Additional Conditions of the Certification are:
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (and Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Impact Type Amount Approved
nits Plan Location or Reference
Stream (intermittent) 360 linear feet March 12, 2008 PCN a e 8 of 13
Wetland 0.026 (acres) March 12, 2008 PCN a e 8 of 13
2. Erosion & 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:
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. 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.
d. 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
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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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. Stream Protection Conditions
If concrete is used during the construction, a dry work area should be maintained to 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 and fish kills.

American Asset Corporation
EXP 06-0018v2
Page 3 of 4
March 14, 2008
During the construction of the project, no staging of equipment of any kind is permitted in waters
of the United States.
6. 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 3705.
7. Construction Conditions
A copy of this Water Quality Certification shall be posted on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any; shall be
maintained with the Division Engineer and the on-site project manager.
The outside buffer, wetland or water boundary located within the construction corridor approved
by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification.
8. 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.
9. Stormwater Management Plan
One (1) copy of the Town of Cary approved Stormwater Management Plan for this project
must be submitted to this office before any impacts authorized by this certification may
occur.
The structural Stormwater practices and drainage patterns as approved by the Town of Cary, must
be maintained in perpetuity. No changes to the structural stormwater practices shall be made
without written authorization from the Division of Water Quality. Stormwater easements shall be
recorded for a distance of at least 10 feet on each side of all Stormwater conveyances, and on all
lots containing these structures including future access for maintenance. The Stormwater
easements shall allow for the ability to maintain the structures, perform corrective actions as
described above and shall provide protection of the structures from potential alternations by
future property owners.
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.
11. 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.

American Asset Corporation
EXP 06-0018v2
Page 4 of 4
March 14, 2008
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 LAMA 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.
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 Lia Myott or Joseph Gyamfi 919-733-1786.
$inc ly,
Coleen H. Sullins
CHS/cbk/lem
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File copy
Central Files
Kevin Yates, John R. McAdams Co., P.O. Box 14005, RTP, NC 27709
File:060018v2CaryCreekCommons(Wake)EXP+401 CPF