20171606 Ver 3_Approval Letter_20201221

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
347 MCO, LLC
ATTN: Mr. Roy Carroll, II
201 North Elm Street
Greensboro, NC 27401
NORTH CAROLINA
Environmental Quality
December 21, 2020
DWR # 2017-16060
New Hanover County
Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS — MODIFICATION
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 21, 2020. This Certification replaces the Certification issued on March 19,
2018, the Certification issued December 6, 2019, and the January 2, 2020
addendum correction, which clarified the open water impacts. This modification
acknowledges a minor change in the site plan to allow for impacts associated with an updated
road plan and the footprint of the open water pond. 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).
N11H fH (:A�i(1!.INA �
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
0­O,toreWMl talQ"I 919,707.9000

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: 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 Robb Mairs at 910-796-7303 or [e-mail] if
you have any questions or concerns.
Sincerely,
DOCUSigned by:
P ����
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc:
Kim Williams, Land Management Group (via email)
Rachel Capito, USACE Wilmington Regulatory Field Office (via email)
Tara MacPherson, NCDCM Wilmington Office (via email)
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch file
Filename: 171606v3Carrol IatTheAvenue(New_HanOver)_401_IC_MOd

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004208 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 to Mr. Roy Carroll, II and 347 MCO, 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; and application received by the Division on July 9, 2020.
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:
1. 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)
Jurisdictional Channel
0.037 (acres)
0.0 (acres)
Pond
3.41 (acres)
0.0 (acres)
*Open Water Impacts are limited to conversion of open water, but will continue to function as open water. Any
additional impacts such as filling will require separate review and authorization.
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 .05021

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 .05021
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 .05021
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.
9. An NPDES Construction Stormwater Permit (NCG010000) 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.
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 .02001. 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.
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 21s, Day of December 2020
DocuSigned by:
949D918A53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
rlm
WQC004208