20040047 Ver 3_Approval Letter_20120404

e
MC®ER
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
AFTEW Properties LLC
Dr Arnold L Sobol
2020 South Churchill Drive
Wilmington NC 28403
Division of Water Qualitv
Gtarltrs 1ivakilu P E
Director
April 2012
Re The Village At Mott s Landing New Hanover County
DWQ Project # 2004 00470
Mott s Creek (030617 18 82 C SW)
Dear Dr Sobol
Der rreelitait
Secretary
APPROVAL of 401 Water Quality Certification with Additional Conditions
Attached hereto is a copy of Certification No 3641 issued to Dr Arnold L Sobol of AFTEW Properties
LLC dated April 4 2012 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 This Certification replaces the
Certification issued to you on June 6, 2008
If we can be of further assistance do not hesitate to contact us
C W /kah/ym
Attachments Certificate of Completion
T
11)hi
Charles Wakild P E
cc Becky Fox — EPA 1307 Firefly Road Whittier NC 28789
David Scibetta — Southern Environmental Group Inc 5315 South College Road Suite E
Wilmington NC 28412
Emily Hughes — Wilmington District USACOE
WiRO File Copy
Filename 040047Ver3VillageAtMottsLanding (NewHanover)401_IC
1617 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Pt one 919 -807 63001 FAX [phone] I Customer Service 1 877 623 6748
Internet www ncwaterouality org
An Equal Opportunity 1 Affirmative Ac ion Employer
NorthCarohna
�1 %aturallt,

2
The `tillage At 4"ott s Landing
New Hanover County
2004 00470
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFIC A.TION s ,,Lec. n confornmtt) v ith *ue req. emen of Sec' on 10 n„ol L La %. 02
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 Dr Arnold L Sobol of AFTFW Properties I I C to
construct a manufacturing and assembly operation with distribution capabilities including a manufacturing
facility a warehouse and a research and development center pursuant to an application fled on the 8th day
of February of 2012
I he appl cation and c- pportirg docurpentat or provides adegLate a- surarice that the proposed Aorl, will
not result in a violation of applicable Water Quality Standards and discharge guidelines Therefore the
State of North Carolina cert.fics that his activity will not violate the applicable portions of Section
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 only valid for the purpose and design submitted in the application materials and as
described in the Public Notice and the Division of Coastal Management Application 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 Isolated/Non 404 Jurisdictional Wetland Permit are met No other impacts are
approved including incidental impacts
Type of Impact
Amount Approved Units
Plan Location or Reference
404/401 Wetlands
127 acres
Table 2 — Wetland Impact Summary for
Mott s Landing Phases I IA & B and
2 revised 1/20/12
2 Mitigation must be provided for the proposed impacts as specified in the table below We
understand that you have made 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 receipt letter dated April 20 2006 submitted with your application on February 8
2012
Type of Impact
Compensatory Mitigation Required
River and Sub basin Number
404 Wetlands
3 05 acres (non riparian)
Cape Fear 03030005

3
The Village At Mott s Landing
New Hanover County
2004 00470
Sediment and Erosion Control
Frosion and sediment control practices mast he in fell romphance with all specifications
governing the proper design Installation and operation and maintenance of such Best
Management Practices in order to protect su face 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
*n; asu e- mjbt to rich tl�a d e, egaai or a -cee- tl a t--qt. '-en en+., re, fie,t n Lie in(.-'
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) proiects
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
4 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 (NCGO 10000) 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 htW / /portal ncdenr or /web /wq /ws /su/construction
5 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
control Best Management Practices shall be performed so that no violations of state water quality
standards statutes or rules occur
6 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
Continuing Compliance
Dr Arnold L Sobol of AFTEW Properties 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

4
The Ah0abe At M -tt Landino
New Hanover County
2004 00470
with such standards and requirements in accordance with 15A NCAC 2H 0507(d) Before
modifying the Certification the Division shall notify Dr Arnold L Sobol of AFTEW Properties
LL C t -e S ti^r, Corps of Erbineers ara pro% ae puc c roi ce n accorda ^„e vitr i A NTC,�C
2H 0503 and provide opportunity for a public hearing in accordance with 15A NCAC 2H 0504
Any new or ievised conditions shall be provided to Dr Arnola L Sobol of AFTEW Properties
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 C onditionc
8 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
9 A Stormwater Management Plan (SMP) must be approved by either the Wetlands Buffers
Stormwater Compliance and Permitting Unit or if the project is subject to another State
stormwater program a copy of the approved letter and approved SMP must be submitted before
any impacts authorized under this 401 Water Quality Certification may occur
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
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
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
C W/kah/ym
3641
This the 4th day of April 201
UM/
akild P E

Min
KERB
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild P E
Governor Director
'° Itil C.CJiii . Dc i i Gf 11 .te 'iii ty
401 Water Quality Certification
Summary of Permwed Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H 0500 Dr Arnold L Sobol of AFTEW Properties LLC have permission to fill
impact or otherwise impact 127 acres of 404 /wetland associated with the Mott s Landing residential development
which is located off Sanders Road just south of Wilmington New Hanover County North Carolina All activities
associated with these authorized impacts must be conducted with the conditions listed in the attached Permit
transmittal letter THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS
COMPENSATORY MITIGATION REQUIREMENTS ECOS'- STEM ENHANCEMENT PROGPAM
EEP Project Name
Village At Mott s Landing Subdivision
DWQ PROJECT #
20040047 Ver 3
LOCATION
Wilmington
COUNTY
New Hanover
BASIN/ SUB BASIN
Cape Fear /03030005
Dee Freeman
Secretary
As required by 15A NCAC 2H 0500 and the conditions of this Certification you are required to compensate for the
above mitigable impacts through the restoration creation enhancement or preservation of wetlands surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state
Note Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R 0503(b)
Impacts
I Mitigation
3 05 Acres Of Non Riparian Wetlands
13 05 Acres Of Non Riparian Wetlands
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R 0503 If you choose this option please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form PLEASE NOTE THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTiL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Marl Service Center
RALEIGH N C 27699 1652
[phone]
Filename 040047Ver3VillageAtMottsLandmg (NewHanover)401_iC_EEP
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