20060930 Ver 5_Approval Letter_20120213

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MCDENR
North Carolina Department of Environment and Natural Resour,c]
Beverly Eaves Perdue
Governor
Autumn Hall
Mr Raiford Trask
1202 Eastwood Road
Wilmington NC 28403
Division of Water Quality
Charles Wakild P E
Director
February 13, 2012
Subject Property Autumn Hall Subdivision
Dee Freeman
Secretary
New Hanover County
DWQ Project # 06 0930v5
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr Trask
You have our approval in accordance with the attached conditions to permanently impact 0 115
acres of 404 Wetlands and 187 linear feet of stream to construct the proposed mixed use
development as described in your application received by the N C Division of Water Quality
(DWQ) on December 23 2011 After reviewing your application it has been determined that
the impacts are covered by General Water Quality Certification Number 3821 (GC3821) This
Certification replaces the one issued on May 15 2009 and can be found on line at
hqp //h2o enr state nc us /ncwetlands
The Certification(s) allows you to use Nationwide Permit 29 when issued by the US Army Corps
of Engineers (USACE) 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 or CAMA Permit
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
1617 Mad Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 - 807 -63001 FAX 919 - 807 -64921 Customer Service 1877-623 6748
Internet www ncwaterouality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarollna
N17A t 741

2
Autumn Hall
New Hanover County
2006 09300
The Additional Conditions of the Certification are
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
2 Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below
According to the Pre construction Notification Application we understand that you have
already made payment to the Wetlands Restoration Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet the mitigation requirement under the
previous 404 authorization in 2009 The application also states that 174 linear feet of on
site stream restoration have been completed to meet the mitigation requirement
Type of Impact
Amount Approved Units
Plan Location or Reference
404 Wetlands
0 115 acres
Page 5 of 11 in PCN
Perennial Stream
187 linear feet
Page 5 of 11 in PCN
2 Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below
According to the Pre construction Notification Application we understand that you have
already made payment to the Wetlands Restoration Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet the mitigation requirement under the
previous 404 authorization in 2009 The application also states that 174 linear feet of on
site stream restoration have been completed to meet the mitigation requirement
Type of Impact
Mitigation Required
River and Sub basin
Number
Perennial Stream
174 (linear feet of
Cape Fear 03030005
onsite restoration
Perennial Stream
68 (linear feet of
Cape Fear 03030005
compensatory
mitigation)
3 No Waste Spoil Solids, or Fill of Any Kind
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 CAMA Major application All
construction activities including the design installation operation and 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
4 No Sediment & Erosion Control Measures w/n Wetlands or Waters
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

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Autumn Hall
New Hanover County
2006 0930v5
5 Construction Stormwater Permit NCGO10000
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 //h2o enr state nc us /su/Forms Documents htm
6 Culvert Installation
Placement of culverts and other structures in waters streams and wetlands must be
placed below the elevation of the streambed by one (1) foot for all culverts with a
diameter greater than 48 inches and 20% of the culvert diameter for culverts having a
diameter less than 48 inches to allow low flow passage of water and aquatic life Design
and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis equilibrium of
wetlands or streambeds or banks adjacent to or upstream and down stream of the above
structures The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ Culverts required for this project shall be
installed in such a manner that the original stream profiles are not altered Existing stream
dimensions (including the cross section dimensions pattern, and longitudinal profile)
must be maintained above and below locations of each culvert Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head
cutting of the streams If any of the existing pipes are or become perched the appropriate
stream grade shall be re established or if the pipes installed in a perched manner, the
pipes shall be removed and re installed correctly
7 Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area Approved
BMP measures from the most current version of NCDOT Construction and Maintenance
Activities manual (http / /www ncdot or doh /operations /BMP manual /download /BMP Manual pdf)
such as sandbags rock berms cofferdams and other diversion structures shall be used to
prevent excavation in flowing water
8 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 is required to

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Autumn Hall
New Hanover County
2006 0930v5
return the attached Certificate of Completion to the 401 /Wetlands Unit North Carolina
Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650
9 Sewer Systems
The project shall comply with 15A NCAC 2H 0219(i)(2)(G) and all other State Federal
and local sewer system regulations
10 Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B 0200 Appropriate sediment and erosion
control practices must be used to meet this standard
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
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts) you may ask for an adjudicatory hearing You must act within 60
days of the date that you receive this letter To ask for a hearing send a written petition which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings 6714 Mail Service Center Raleigh, N C 27699 6714 This certification and its
conditions are final and binding unless you ask for a hearing
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act If you have any questions please telephone Ian McMillan in the Central Office in
Raleigh at 919 807 6300 or Chad Coburn in the DWQ Wilmington Regional Office at 910 796
7215
Sincerely
r
�/t C s Wakild P E , Director
-` Division of Water Quality
Enclosures GC 3821
Certificate of Completion
cc Kan Williams — Land Management Group, Inc P O Box 2522 Wilmington NC 28402
Emily Hughes — USACE Wilmington Field Office
Ian McMillan — DWQ 401 Oversight and Express Unit
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