20090133 Ver 7_Approval Letter_20180921

ROY COOPER
Goverrror
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
AV Homes of Raleigh, LLC
Attn: Mr. Bill Kiselick
8025 Creedmoor Road, STE 100
Raleigh, NC 27613
NORTH CAROLINA
Environmental Quality
September 21, 2018
DWR # 09-0133 V7
Durham County
Tri -Properties, Inc.
Attn: Mr. Greg Sanchez
4309 Emperor Boulevard, STE 110
Durham, NC 27703
ALFC PAGE ROAD, LLC LC Brier Creek, LLC
Attn: Mr. Scott Lay ATTN: T. Robert Brownlee
8480 Honeycutt Road, STE 200 230 West Street, STE 200
Raleigh, NC 27615 Columbus, OH 43215
Subject: Approval of Individual 401 Water Quality Certification and Neuse River Riparian
Buffer Impacts with Additional Conditions - Modification
BethPage Mixed -Use Development
USACE Action ID. No. SAW -2006-32645
Dear Mr. Kiselick, Mr. Lay, Mr. Sanchez and Mr. Brownlee:
Attached hereto is a copy of Certification No. 3809 issued to Mr. Bill Kiselick and AVH BETHPAGE, LLC; Mr.
Scott Lay and ALFC PAGE ROAD, LLC; and Mr. Greg Sanchez and Tri -Properties, Inc., dated September 21,
2018. This certification replaces the previous certification issued on February 16, 2018. Modification of
this certification and buffer impacts was requested by the applicants to extend the permit expiration date,
revised the stream and buffer impacts associated with the widening of Chin Page Road, and revise the
buffer impacts associated with the 30 -foot wide sanitary sewer easement. These revisions require a net
increase in stream impact of 16 linear feet. Please note that you should get any other federal, state or
local permits before proceeding with the subject project, including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be contested
as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office
of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh. North Carolina 27699-1617
919.707.9000

Beth Page Mixed -Use Development
DWR# 09-0133 v7
Individual Certification #3809
Page 2 of 11
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:
lfsending via US Postal Service: lfsending via delivery service (UPS, FedEx, etc).-
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Contact me at [e-mail] if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Kevin Yates, The John R. McAdams Company, Inc (via [e-mail])
USACE Raleigh Regulatory Field Office
Todd Bowers, EPA (via [e-mail])
DWR RRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 090133v7Beth Page( Durham)_401_IC_Mod7

Beth Page Mixed -Use Development
DW Rtt 09-0133 v7
Individual Certification #3809
Page 3 of 11
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3908 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H.0500 and 15A NCAC 0213 .0200, to Mr. Bill Kiselick and AVH BETHPAGE, LLC; Mr. Scott Lay
and ALFC PAGE ROAD, LLC; and Mr. Greg Sanchez and Tri -Properties, Inc., who have authorization
for the impacts listed below, as described within your application received by the N.C. Division of
Water Resources (Division) on February 9, 2009; Public Notice issued by the US Army Corps of
Engineers and received by the Division on February 13, 2009; additional information received by
the Division on April 9, 2009, May 26, 2009, July 2, 2009, July 27, 2009, August 18, 2009, March
26, 2010, and June 8, 2010; modification request received by the Division on April 1, 2014 and
subsequent information on May 20, 2014 and May 27, 2014; a second modification request
received by the Division on November 5, 2015 and subsequent information on December 18,
2015; a third modification request received by the Division on February 19, 2016 and subsequent
information on March 1, 2016, a fourth mod ification request received by the Division on March
8, 2017 and subsequent information on May 12, 2017, July 26, 2017 and August 24, 2017, a fifth
modification request submitted received by the Division on December 7, 2017 with subsequent
information on December 20, 2017, January 24, 2018 and February 6, 2018, and a sixth
modification request submitted received by the Division on June 20, 2018 with subsequent
information on August 1, 2018, August 16, 2018 and August 31, 2018.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
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. These impacts include
impacts approved as previously approved by an Individual Certification issued on May 28,
2014, revised based on the modification request dated November 4, 2015 and received by
the Division on November 5, 2015, revised based on the modification request dated and
received on March 8, 2017 with subsequent information received May 12, 2017, July 26,
2017 and August 24, 2017, revised based on the modification request dated and received
on December 7, 2017 with subsequent information on December 20, 2017, January 24,
2018 and February 6, 2018, and further revised based on the modification request dated
and received on June 20, 2018 with subsequent information on August 1, 2018. No other
impacts to wetlands, streams, and/or buffers, are approved including incidental impacts:

Beth Page Mixed -Use Development
DWR# 09-0133 v7
Individual Certification #3809
Page 4 of 11
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
0.75 (acres)
0 (acres)
Open Water
0.19 (acres)
0 (acres)
Stream Channel
(perennial)
1,365.5 (linear feet)
410 (linear feet)
Stream Channel
(intermittent)
596 (linear feet)
226 (linear feet)
Buffers—Zone 1
121,266 (square feet)
0 (square feet)
Buffers — Zone 2
86,107 (square feet)
0 (square feet)
Note:
Permanent intermittent stream impacts increased by 178 linear feet, temporary
intermittent stream impacts increased by 36 linear feet.
Permanent perennial stream impacts were reduced by 190 linear feet, temporary perennial
stream impacts were reduced by BB linear feet.
Version 6 failed to account for revisions to stromwater bypass channels. (Original impacts in
V6: Zone 1 = 888 SF/Zone 2 = 702 SF,- Actual impacts in V6: Zone 1=1, 060 SF/Zone 2 = 702
SFJ Therefore, Zone 1 impacts increased by 172 square feet and Zone 2 impacts increased
199 square feet for a correction to the Version 6 impact table.
This modification decreased Zone 1 buffer impacts by 1,150 square feet and Zone 2 by
6,728 square feet for the new sewer alignment and increased the Zone 1 buffer impacts
6239 SF and Zone 2 by Z 633 SF for the Chin Page Road widening.
Accounting for the corrections and totaling the Buffer impacts, Zone 1 impacts increased by
5,261 square feet and Zone 2 impacts decreased by 3,896 square feet.
2. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below.
Type of Impact
Compensatory
Mitigation Required
River and Sub -basin
Number
Stream (perennial)
1,365.5 (linear feet)
Neuse/03020201
Buffers - Zone 1
294,231(square feet)
Neuse/03020201
Buffers - Zone 2
86,092 (square feet)
Neuse/03020201
TOTAL (Buffers)
380,323 (square feet)
Neuse/03020201

Beth Page Mixed -Use Development
D W R# 09-0133 v7
Individual Certification #3809
Page 5 of 11
PLEASE NOTE: The Division has agreed to allow the permittee(s) to pay their buffer
mitigation fees as each phase of the Beth Page project's construction plans are approved
where construction of that phase, and the associated impacts, are imminent (Phases are as
indicated on the "Bethpage, Overall Site Plan, Figure 6", Revised May 19, 2014 and
submitted on December 18, 2015). By NC Ecosystem Enhancement Program receipt dated
October 3, 2014, buffer mitigation fees for Phase 1 have been paid. By Resource
Environmental Solutions, LLC (RES) receipt dated March 7, 2016, buffer mitigation fees for
Phase 2 have been paid. By Resource Environmental Solutions, LLC (RES) receipts dated
August 30, 2017, buffer mitigation fees for Phase 3 and part of Phase 4 have been paid. This
Certification modifies the Phase 4 impacts, triggering additional buffer mitigation for this
phase.
To date, 257,970 square feet of buffer credits have been purchased, leaving a total of
122,353 square feet of buffer credit left to satisfy.
Type of Impact
Compensatory
Mitigation Required
River and Sub -basin
Number
Phase 4 (modified)
72,695 (square feet)
Neuse/03020201
Phase 5 (modified)
49,658 (square feet)
Neuse/03020201
Total
122,353 (square feet)
Neuse/03020201
We understand that you wish to make future payments to RES for the Arrington Bridge I,
Arrington Bridge 11, Buffalo Branch, Selma Mill, Cedar Grove, Hatley, and/or Ezell Site of the
EBX-Neuse I Neuse Riparian Buffer Umbrella Mitigation Bank and EBX Upper Neuse Riparian
Buffer Umbrella Mitigation Bank to meet the remaining buffer mitigation requirement and a
combination of onsite stream restoration (restore 1,958 linear feet of stream) and
preservation (preserve 13,798 linear feet of stream) to meet the stream mitigation
requirement. These methods have been determined by the Division to be suitable methods
to meet the mitigation requirements.
Until EBX-Neuse I Neuse Riparian Buffer Umbrella Mitigation Bank and/or EBX Upper Neuse
Riparian Buffer Umbrella Mitigation Bank receives and clears your check for a specific
phase, no buffer impacts specified in this Authorization Certificate for that phase shall
occur. For accounting purposes, this Authorization Certificate authorizes payment to EBX-
Neuse I Neuse Riparian Buffer Umbrella Mitigation Bank and/or EBX Upper Neuse
Riparian Buffer Umbrella Mitigation Bank to meet the following compensatory mitigation
requirement:
Type of Impact Compensatory Mitigation River and Sub -basin
Required Number
Phase 1 — Paid October 3, 2014 EEP#20190
Buffer 165,993 (square feet) Neuse/03020201

Beth Page Mixed -Use Development
DWR# 09-0133 v7
Individual Certification #3809
Page 6 of 11
Type of Impact
Compensatory Mitigation
Required
River and Sub -basin
Number
Phase 2 — Paid March 1, 2016 RES
Buffer
148,353 (square feet)
Neuse/03020201
Phase 3 — Paid August 30, 2017
Buffer 1113,039 (square feet)
Neuse/03020201
Phase 4 — Paid August 30, 2017
Buffer
30,585 (square feet)
Neuse/03020201
Phase 4
Buffer
72,695 (square feet)
Neuse/03020201
Phase 5
Buffer
49,658 (square feet)
Neuse/03020201
You have our approval for your proposed final on-site stream mitigation plan as described in
the UT to Stirrup Iron Creek; Durham County, North Carolina; RESTORATION PLAN dated
July 2009. The restored stream has been constructed, maintained, and monitored
according to the aforementioned plan approved by this Office. Any repairs or adjustments
to the site must be made according to the approved plans or must receive written approval
from this Office.
The on-site mitigation has been preserved as described in the recorded conservation
easement recorded October 7, 2015 in Book 7801, Page 716, official records of Durham
County, North Carolina and signed and executed April 23, 2018 and further recorded May 2,
2018 in Book 8415, Page 220, official records of Durham County, North Carolina.
This mitigation plan is only approved for credits towards the impacts associated with this
project.
3. Stormwater Management Plan
A Stormwater Management Plan (SMP) is being used to meet diffuse flow requirements on
the current and future phases of this project. Before any impacts within the current or
futures phases authorized in this certification occur, the SMP must be approved by Durham
County. After it is approved, the SMP may not be modified without prior written
authorization from Durham County prior to the commencement of the modifications. [15A
NCAC 02H .0506(b)(5)]
4. Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization.
5. 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 for this
project. All construction activities, including the design, installation, operation, and

Beth Page Mixed -Use Development
DWR# 09-0133 v7
Individual Certification #3809
Page 7 of 11
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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit.
6. Sediment and Erosion Control
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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. 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. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
7. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. 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, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project.
8. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record

Beth Page Mixed -Use Development
D W R# 09-0133 v7
Individual Certification #3809
Page 8 of 11
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w.
9. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from
the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
10. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills.
11. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation
of the streambed by one (1) 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.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA -designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that
may result in destabilization of streams or wetlands.
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.
12. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's

Beth Page Mixed -Use Development
DWR# 09-0133 v7
Individual Certification #3809
Page 9 of 11
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion.
13. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium.
14. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area.
15. Any riprap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Riprap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure integrity of bank
stabilization measures.
16. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundaries in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall be put in
place at the time of recording of the property, or of individual lots, whichever is appropriate.
A sample deed notification can be downloaded from the 401 &Buffer Permitting Branch
website at http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms. The
text of the sample deed notification may be modified as appropriate to suit to this project.
Documentation of deed notifications shall be provided to the Division upon request.
18. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.

Bethpage Mixed -Use Development
D W R# 09-0133 v7
Individual Certification #3809
Page 10 of 11
19. Continuing Compliance
Mr. Bill Kiselick and AVH BETHPAGE, LLC; Mr. Scott Lay and ALFC PAGE ROAD, LLC; and Mr.
Greg Sanchez and Tri -Properties, Inc. 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 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. Before modifying the
Certification, the Division shall notify Mr. Bill Kiselick and AVH BETHPAGE, LLC; Mr. Scott Lay
and ALFC PAGE ROAD, LLC; and Mr. Greg Sanchez and Tri -Properties, Inc. and the U.S. Army
Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and
provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new
or revised conditions shall be provided to Mr. Bill Kiselick and AVH BETHPAGE, LLC; Mr.
Scott Lay and ALFC PAGE ROAD, LLC; and Mr. Greg Sanchez and Tri -Properties, Inc. in
writing, shall be provided to the U.S. 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.
20. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name.
21. 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://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
22. This certification 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 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. The

Beth Page Mixed -Use Development
D W R# 09-0133 v7
Individual Certification #3809
Page 11 of 11
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 21't day of September, 2018
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/paw
3809