20191119 Ver 1_Approval Letter_20191014

DocuSign Envelope ID: D30lD50D-59C4-48OA-8F88-FE3287F6FOAD
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Aaronfield at Old Folkstone, LLC
c/o Stephen D. Brock
P.O. Box 395
Jamestown, NC 27202
NORTH CAROLINA
Environmental Quality
October 14, 2019
DWR Project # 2019-1119
Onslow County
Subject Property: Aaronfield at Old Folkstone - Sneads Ferry
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Brock,
You have our approval, in accordance with the attached conditions and those listed below, to
impact a cumulative total of approximately 0.003 acres of 404 wetlands area, approximately 42
linear feet (LF) of intermittent stream, and approximately 0.01 acres of open water area in order for
the construction of a new 80 -unit multi -family development, as described in your application
received by the N.C. Division of Water Resources (DWR) on August 21, 2018, and sequential
information received on September 20, 2019. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number 4139 (GC4139).
This Certification allows you to use the Nationwide Permits No. 18 and 29 when issued by the US
Army Corps of Engineers. 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, Non -discharge, and stormwater 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 Permit. This Certification can also be found on line at:
http:Ilportal.ncdenr.org/weblwq/swp/ws/401/certsandpermits.
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.
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
�J Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH CAROLINA
Da"MoM a Envim bi mwnq 910.796.7215

DocuSign Envelope ID: D30lD50D-59C4-480A-8F88-FE3287F6FOAD
The Additional Conditions of the Certification are:
1. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as 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 approval letter and General 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 {15A NCAC 02H.0501 and .0502}.
2. Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The applicant will
also be required to evaluate all acquired permits to assure that they are consistent, and all relative
impacts are accounted for and shown on the construction plans. [15A NCAC 02H.0502 (b) and 15A
NCAC 02H.0506 (4)]. The applicant shall require his contractors (and/or agents) to comply with
all of the terms of this Certification and shall provide each of its contractors (and/or agents) a copy
of this Certification.
3. A pre -construction meeting is recommended to be held with the Division prior to the start
of the project phases so that the contractors and/or agents fully understand the conditions
associated with this certification. [15A NCAC 02H.0507 (c) and 15A NCAC 02H.0502 (e)]
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 213.0220. Appropriate sediment and erosion control practices must be used
to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if
any turbidity issues arise at 910.796.7215
5. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric fencing) prior
to any land disturbing activities and must be maintained on the property until the project phase is
completed. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC 02H.0507 (c)]
6. Appropriate measures should be installed prior to any land clearing activities to protect
waters and wetlands from turbidity and/ or sedimentation. These measures should be routinely
inspected, and properly maintained, and excavated materials should be contained outside the
wetland boundary. 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. [15A NCAC 02H.0506 (b)(3) and (c)(3)]
7. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the Certification
for a specific project shall remain in effect for the life of the project, regardless of the expiration of
this Certification.

DocuSign Envelope ID: D30lD50D-59C4-480A-8F88-FE3287F6FOAD
8. The permittee shall require its contractors and/or agents to comply with the terms of this
permit in the construction and maintenance of this project, and shall provide each of its contractors
and/or agents associated with the construction or maintenance of this project a copy of this
certification. A copy of this certification including all conditions shall be available at the project site
during the construction and maintenance of this project. [15A NCAC 02H.0507 (c) and 15A NCAC
02H.0506 (b)(2) and (c)(2)]
9. Continuing Compliance:
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, than the Division may
reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)]
10. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill,
the permittee/contractor shall immediately contact the Division of Water Quality, between the
hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on
weekends call [phone]. Management of such spills shall comply with provisions of the
North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H.0506 (b)(3)
and (c)(3), 15A NCAC 0213.0200 (3)(f), and GS 143 Article 21A].
11. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H.0506
(b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
12. 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).
13. 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 and/or authorized agent is required
to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North
Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days
of project completion. The certification of completion is available at:
http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/appl forms).
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 CAMA Permit.

DocuSign Envelope ID: D30lD50D-59C4-48OA-8F88-FE3287F6FOAD
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). 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.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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 8:00 am
and 5:00 pm, 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:
Ifsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Bill Lane, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington
Regional Office at 910.796.7215 or Robb. MairsOncdenr.gov.
DocuSigned by:
Sincerely, ��� �a�7 6"
E3ABA14AC7DC434_
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 4139
Rachel Capito - USACE Wilmington Regulatory Field Office -Electronic Copy
Kim Williams - LMG, Inc.- Electronic Copy
DWR 401 & Buffer Permitting Branch file -LF
WiRO