20171606 Ver 2_Approval Letter_20191206

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
347 MCO, LLC
ATTN: Mr. Roy Carroll, II
201 North Elm Street
Greensboro, NC 27401
NORTH CAROLINA
Environmental Quality
December 6, 2019
DWR # 20171606v2
New Hanover County
Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Carroll at the Avenue
USACE Action ID. No. SAW-2017-02531
Dear Mr. Carroll:
Attached hereto is a copy of No. WQC004208 issued to Mr. Roy Carroll, II and 347 MCO, LLC,
dated December 6, 2019. This Certification replaces the Certification issued on March 19,
2018. 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.
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 8:00am and 5:00pm, 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.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NoarHcerxai�,nm,�,
919.707.9000

Carroll at the Avenue
DWR Project #20171606v2
Individual Certification #WQC004208
Page 2 of 7
Mailing address for the OAH:
If sending via US Postal Service: If sending 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 Paul Wojoski at 919-707-3631 or Pau [e-mail]
if you have any questions or concerns.
Sincerely,
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
cc: Kim Williams, Land Management Group (via email)
Rachel Capito, USACE Wilmington Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch file
Filename: 171606v2Ca rrollatTheAven u e(New_Ha nover)_401_IC

Carroll at the Avenue
DWR Project #20171606v2
Individual Certification #WQC004208
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004208is 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 to Mr. Roy Carroll, II and 347 MCC, LLC, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on May 28, 2019 and subsequent information on September 27, 2019 and
December 5, 2019 and by Public Notice issued by the U. S. Army Corps of Engineers and received
by the Division on June 13, 2019.
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:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
404/401 Wetlands
Wetland Impact 1
0.44 (acres)
0.0 (acres)
Wetland Impact 2
0.03 (acres)
0.0 (acres)
Stream
Stream Impact 1
70 (linear feet)
0.0 (linear feet)
Open Waters*
Sutton Lake and Intake
Canal/Bay
3.41 (acres)
0.0 (acres)
*Open Water Impacts are limited to conversion of open water, but will continue to function as open water.
2. 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. Any modifications to the project require
notification to DWR and may require an application submittal to DWR with the appropriate
fee. [15A NCAC 02H .0501 and .0502]

Carroll at the Avenue
DWR Project #20171606v2
Individual Certification #WQC004208
Page 4 of 7
3. Because the stormwater management plan approved by the City of Wilmington is being used
to meet diffuse flow and nutrient treatment requirements on this project, you are required
to submit a digital copy of the approved stormwater management plan (SMP) including plan
details on scaled plan sheets with proof of the City's approval. The approved SMP shall be
submitted to Paul Wojoski of the DWR 401 and Buffer Permitting Branch at (
[e-mail] ) before any impacts authorized in this certification occur. After it
is approved, the SMP may not be modified without prior written authorization from the City
of Wilmington. If modified, a digital copy of the approval letter and the modified SMP shall
also be submitted to the DWR 401 & Buffer Permitting Branch (at the email address above)
prior to the commencement of the modifications.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized under this Certification.
[15A NCAC 02H .0501 and .0502]
5. All construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973) and with the Coal Ash
Management Act of 2014. Sediment and erosion control measures should be installed prior
to any land clearing or construction. These measures should be routinely inspected and
properly maintained. Excessive silt and sediment loads can have numerous detrimental
effects on aquatic resources including destruction of spawning habitat, suffocation of eggs,
and clogging of gills of aquatic species.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
[15A NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. [15A NCAC 02B .0201]
8. Turbidity Standard — The turbidity standard of 50 NTUs (Nephelometric Turbidity Units)
shall not be exceeded as described in 15A NCAC 02B .0220. Appropriate sediment and
erosion control practices must be used to meet this standard. Turbidity curtains shall be
used as appropriate. Please notify the Wilmington Regional Office at [phone] if any
turbidity issues arise.

Carroll at the Avenue
DWR Project #20171606v2
Individual Certification #WQC004208
Page 5 of 7
9. An NPDES Construction Stormwater Permit (NCGO10000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
10. All work in or adjacent to streams 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 NCSediment 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. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
11. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other
Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner
that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B
.0200 and 15A NCAC 02B .0231]
12. If concrete is used during 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. [15A
NCAC 02B .0200]
13. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall not take place within 50 feet of a waterbody or
wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3)
and 15A NCAC 02B .0211 (12)]
14. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
15. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum
spill less than 25 gallons that cannot be cleaned up within 24 hours.

Carroll at the Avenue
D W R Project #20171606v2
Individual Certification #WQC004208
Page 6 of 7
16. The permittee shall report to the Wilmington Regional Office at [phone] (after hours
and on weekends call 877-623-6748) any noncompliance with this certification, any violation
of stream or wetland standards [15A NCAC 02B .02001 including but not limited to sediment
impacts [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the time
the applicant becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its causes; the period of noncompliance, including
exact dates and times, if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case -by -case basis
17. Mr. Roy Carroll, II and 347 MCO, LLC 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. [15A NCAC 02B .02001 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. Roy Carroll, II and 347 MCO,
LLC 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. Roy Carroll, II and 347 MCO,
LLC 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.
18. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available
on the DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC
02H .0502(f)]
19. If the property or project is sold or transferred, the new Permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .05021
20. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including
those required by, but not limited to Sediment and Erosion Control, Non -Discharge, Water
Supply Watershed, and Trout Buffer regulations.

Carroll at the Avenue
DWR Project #20171606v2
Individual Certification #WQC004205
Page 7 of 7
21. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and
this Certification does not create any prescriptive right or any right of priority regarding any
usage of water. This Certification shall not be interposed as a defense in any action respecting
the determination of riparian or littoral rights or other rights to water use. No consumptive
user is deemed by virtue of this Certification to possess any prescriptive or other right of
priority with respect to any other consumptive user regardless of the quantity of the
withdrawal or the date on which the withdrawal was initiated or expanded.
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. [15A NCAC 02H .0502(e)]
23. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
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
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. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H .0506]
This the 6th Day of December2019
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
paw
WQC004208