20070699 Ver 2_Approval Letter_20110413

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 13, 2011
ACI-Pine Ridge, LLC
1400 West Northwood Street
Greensboro NC 27408
Natural Resources
Dee Freeman
Secretary
Re: Porter's Neck Crossing; New Hanover County
DWQ Project # 20070699Ver. 2
Island Creek [030623, 18-74-50, C, SW]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Sir or Madam:
Attached hereto is a copy of Certification No. 3855 issued to ACI-Pine Ridge, LLC, dated April 13, 2011.
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, Non-discharge,
and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sin ely,
:....~
Coleen Sullins
CHS/ijm
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: Becky Fox -EPA, 1307 Firefly Road, Whittier, NC 28789
M. Devin Staley -Blue Ridge Engineering, PLLC, 529 Main Street, North Wilkesboro, NC 28659
Christy Wicker -Wilmington District, USACOE
Dan Sams - DLR, Wilmington Regional Office
Stephen Rynas, DCM Morehead City
File Copy
Anne Deaton, DMF
Chad Coburn, DWQ, Wilmington Regional Office
Filename: 070699Ver2PortersNeckCrossing(NewHanover)401 _IC
!Wetlands, Buffers, Stoin.~~afer, Compliance and Pei~nitting Unit (WeBSi;aPe)
1u50 DAail Service Cente~~, Raleigh, hlorth Carolina 21^099-1650
Phony, 919-807-6301 1 FAX 919 °~07~6494
Interrn~t~ http:Ilportal.nai~,nr org'e;~b!wglws
An Eq~ial Opportunity 1 Afi~nnafiv~~ ctipn Employer
No°t Cazolina
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ACI-Pine Ridge, LLC
Page 2 of 5
April 13, 2011
NORTH CAROLINA 401 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 2H, Section .0500 to ACI-Pine Ridge, LLC, to construct a commercial
development pursuant to an application filed on the 26`'' day of July of 2010 with revisions received most
recently on the 24th day of January of 2011.
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 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 Certification 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 Wetland Permit) are met. No other impacts are
approved including incidental impacts:
T e of Im act Amount A roved nits Plan Location or Reference
404/401 Wetlands 3.9 acres Individual Permit A lication Sheet 2 of 3

2. 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 NCDENR Wetlands Trust Fund administered
by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement as
evidenced by the EEP acceptance letter dated October 18, 2010, submitted with the application.
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 [phone] if you have any questions concerning payment
into the fund. You have 60 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the NCDENR
Wetlands Trust Fund to meet the following compensatory mitigation requirement:

ACI-Pine Ridge, LLC
Page 3 of 5
April 13, 2011
T e of Im act Com ensator Miti ation Re aired River and Sub-basin Number
404 Wetlands 3.9 acres (non-ri arian) Ca e Fear 03030007
In addition, you must place 12.71 acres of jurisdictional wetlands within the project limits in
permanent preservation as approved by the U.S Army Corps of Engineers. Preservation of these
wetlands in addition to payment to EEP will satisfy DWQ's mitigation requirements. A copy of
the recorded Conservation Declaration must be submitted to this office prior to impacting
any wetlands on the subject grope
Sediment and Erosion Control:
3. 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.
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.
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http://portal.ncdenr.org/c/document library/get file?uuid=e541 fd22-27e3-4c7e-aa 11-
9396bdfcb091 &groupId=3 8364
5. 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;
6. 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 404/401 Permit Application. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion

ACI-Pine Ridge, LLC
Page 4 of 5
April 13, 20I 1
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur;
Continuing Compliance:
ACI-Pine Ridge, 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 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 ACI-Pine Ridge, LLC, the US Army Corps of Engineers,
and provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for a
public hearing in accordance with I SA NCAC 2H.0504. Any new or revised conditions shall be
provided to ACI-Pine Ridge, LLC, 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;
Other conditions:
8. If this Water Quality Certification is used to access building sites, then all lots owned by the
applicant must be buildable without additional impacts to stream or wetlands. The applicant is
required to provide evidence that the lots are buildable without requiring additional impacts to
wetlands, waters, or buffers if required to do so in writing by the Division.
9. Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under this authorization letter and certification.
10. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
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. 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.

ACI-Pine Ridge, LLC
Page 5 of 5
April 13, 2011
CHS/ijm
3855
This the 13`h day of pri12011
DNISION OF WA QUALITY
... ~-w
~Coleen Sullins