20040923 Ver 1_Approval Letter_20040908

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Mr. Timothy Scoggin
Commonwealth -Mebane Partners, LP
500 Henly Street, Suite 200
Knoxville, Tennesse, 37902
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 8, 2004
Re: Mebane Retail Site (Wal-Mart), Intersection of Brundage Road and
Mebane Oaks Road, Mebane, Alamance County
DWQ #04-0923; USACE Action ID. No. 200321221
APPROVAL of 401 Water Quality Certification
Dear Mr. Scoggin:
Alan W. Klimek, P.E. Director
Division of Water Quality
RECEIVED
N.C. Dept. of ENR
SEP 1.0 2004
Winston-Salem
Regional Office
Attached hereto is a copy of Certification No. 3471 issued to Mr. Timothy Scoggin of Commonwealth -
Mebane Partners, LP, dated September 8, 2004. In addition, you, should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment
and Erosion Control, Stormwater, Dam Safety, Non -discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
111-r1,, Alan W. Klimek, P.E.
AWK/cbk
Attachments: Certificate of Completion
cc: Todd Tugwell, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office .
Wilmington District, USACOE
Daryl Lamb, DWQ, Winston-Salem Regional Office
DLR Winston-Salem Regional Office
File Copy
Central Files
CE Group, 1051 Pemberton Hill Road, Suite 201, Apex, NC, 27502
Filename: 040923Mebane(Alamance)401
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NorthCarolina
401 Wetlands Certification Unit
,Naturally
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/ncwetlands
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Mr. Timothy Scoggin
Commonwealth -Mebane Partners, LP
Page 2 of 5
September 8, 2004
NORTH CAROLINA401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 211, Section .0500 to Mr. Timothy Scoggin of Commonwealth -Mebane
Partners, LP, to 6110.5 acre of jurisdictional wetlands and 1,008 linear feet of streams in the Cape Fear
River Basin, associated with the construction of the Mebane Retail Site in Alamance County, North
Carolina, pursuant to an application filed on the 3rd day of June of 2004, and in additional
correspondence received September 7, 2004.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certificatit n be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
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 Weiland Permit) are met. No other impacts are
approved including incidental impacts:
Sediment and Erosion Control:
2. 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.
Amount Approved Plan Location or Reference
(Units)
Stream
1,008 (feet) DOA Public Notice
404/CAMA Wetlands
0.5 (acres) DOA Public Notice
Waters
N/A (acres)
Buffers
N/A (square ft.)
Sediment and Erosion Control:
2. 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.

I Mr. Timothy Scoggin
Commonwealth -Mebane Partners, LP
Page 3 of 5
September 8, 2004
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.
3. 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 404/401Permit Application. 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. 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; \\
Continuing_ Compliance: \.
5. Mr. Timothy Scoggin and Commonwealth -Mebane Partners, LP, shall conduct construction activities
in a 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 law 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 or federal law is being
violated, or that further conditions are necessary to assure compliance, the Division may reevaluate
and modify this Certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Mr. Timothy Scoggin and/or Commonwealth -Mebane
Partners, LP, and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504.
Any new or revised conditions shall be provided to Mr. Timothy Scoggin and/or Commonwealth -
Mebane Partners, LP in writing, shall be provided to the United States 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;
Mitigation:
6. 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

Mr. Timothy Scoggin
Commonwealth -Mebane Partners, LP
Page 4 of 5
September 8, 2004
[phone] if you have any questions concerning payment into a restoration fund. You have one
month 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:
Compensatory Mitigation River and Sub -basin Number
Required
Stream 1,008 (feet) 03030002
Wetlands N/A (acres)
Waters N/A (acres)
Road Crossings:
7. Culvert Installation
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 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 case 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.
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.
Stormwater:
8. Written Stormwater Management Plan
The final, written stormwater management plan dated July 2004, 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. A copy of
the signed and notarized Operation and Maintenance Agreement shall be provided to this Office
before the impacts specified in this Certification occur.
Other conditions:
9. 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/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.

r
,r
Mr. Timothy Scoggin
Commonwealth -Mebane Partners, LP
Page 5 of 5
September 8, 2004
10. 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.
11. Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned to the original grade,
including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed
and bed profile after construction is complete or within 6 months of the establishment of the crossing,
which ever is sooner, and the various sites shall be stabilized with natural woody vegetation (except
for the maintenance areas of permanent utility crossings) and restored to prevent erosion. If the
crossings are not completely removed and restored as described above within the specified time above,
additional written approval from this Office must be obtained to modify this condition.
12. Fresh Concrete
Measures shall be taken to prevent live or fresh concrete from, coming into contact with waters of the
state until the concrete has hardened.
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
3471
AWK/cbk
This the 8th day of September 2004
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.

AAW A rFR p Michael F. Easley, Governor
`C• G William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
.� Alan W. Klimek, P.E. 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. Timothy Scoggin of Commonwealth -Mebane Partners, LP has
permission as outlined below to impact 0.5 acres of wetlands and 1,008 linear feet of streams for the purpose(s) of
constructing the proposed Mebane Retail Center/Wal-Mart SC#5346 in Alamance County. All activities associated
with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter.
THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION:
COUNTY
BASIN/ SUB BASIN
Mebane Retail Center/Wal-Mart SC#5346
Alamance
Cape Fear, 03030002
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters 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 riaust be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts:
0.5 Acres of Class WL wetlands
1,008 Linear feet of streams
Mitigation:
1,008 Linear feet of streams
In correspondence dated May 26, 2004, the EEP indicated that up to 2.0 acres of wetlands and 1,890 linear feet of
stream mitigation will be conducted by EEP if necessary. Wetlands mitigation is not required for the 401
Certification, but may be required for the 404 Permit at the U.S. Army Corps of Engineers' discretion.
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 it 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
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
401 Wetlands Certification 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/ncwetlands
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
Filename: 040923 W alMart(Alamance)EEP
Noe Carolina
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