20040047 Ver 4_Individual_20120926

SEGO
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (office) - 910.452.2899 (fax)
Transmittal Letter
Date: 24 September 2012
To: Ms. Laurie Dennison
Of: DWQ 401 Oversight - Raleigh
Attached you will find:*
Sly Project #: 04-200.01
Client Name: AFrLW Properties
DWQ Project #: 2004-0N7,?PY V L
-❑ Proposal ❑ Sketch(es) ® Permit ❑ Wetland Map ❑ Photo(s)
❑ JD Package ❑ Report(s) ❑ Plans ❑ Information Request ❑ Other
Copies
Dated
Description
4 hard copies
and 1 CD
21 September 2012
Application, Supplemental Information and Filing Fee for Mott's Landing
Modification to the Individual Permit
!
To scab vl� S) . xpmai X C
'It noted items are NOT attached, please contact our office.
These are being delivered:
❑ For your Review /Comment ® For your Records ❑ Returned for Correction(s)
❑ Corrected and Returned ❑ For your Signature ❑ As Requested
❑ Other:
By: ❑ Hand Delivery ® Fed -Ex ❑ UPS ❑ Regular Mail ❑ Other
Notes:
Laurie, Please note that 1 copy has been hand delivered to Chad Coburn at the Wilmington Regional Office.
I <seat,- c9 AMvic4x C kns. a lsv Qkrnkhed to Uad.
Signature and (Typed) Name: David A. Sys �U
7�9? ; SEP 2 s
Date: 09/24/12 �� %2

Motts Landing Individual Permit Modification
Application for Department of the army Permit OMB APPROVAL NO. 0710-0003
(33 CFR 325) Expires December 31, 2004
The Public burden for this collection of information Is estimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes the
time for reviewing Instructions, searching existing data sources, gathering and maintaining the data needed, a•,d completing and reviewing the collection of information. Send comments
regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters
Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 222024302; and the Office of Management and Budget,
Paperwork Reduction Project (0710- 0003), Washington, DC 20503. Respondents should he aware that notwithstanding any other provision of law, no person shall be subject to any
penally for failing to comply with a collection of information if it does not display a current valid OMB control number. Please DO NOT RETURN your forms to either of Those
addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10,33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research and Sanctuaries Act, 33 USC 14f3, Section
103, Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information maybe shared with the
Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit
application cannot be evaluated nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must he attached to this applicalion (see sample drawings and
instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not complete in full will be returned,
(ITEMS 1 THRU 4 SHOULD BE FILLED BY THE CORPS)
L APPLICATION NO.
L FIELD OFFICE CODE
3. DATE RECEIVED
-0. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANTS NAME
B. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
AFTEW Properties, LLC
Southern Environmental Group, Inc. (David A. Syster)
6. APPLICANTS ADDRESS
9, AGENT'S ADDRESS
2020 Churchill Drive, Wilmington, NC 28403
5315 South College Road, Suite E, Wilmington , NC 28412
7. APPLICANT'S PHONE NOS. WlAREA CODE
10. AGENT'S PHONE NOS. WIAREA CODE
n. Fax: [phone]
a. Residence 910.443.5330 (c)
b. Business 910.763.2629
b. Business 910.452.2711 (o)
11. Statement of Authorization
hereby authorize, Southern Environmental Group, Inc. —David A. Svster to act in my behalf as my agent in the processing of this application and to
I
furnish, upon request, supplemental Information in support of this permit application.
See Attached Assent Authorization Form
APPLICANTS SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (If applicable)
The Village at Motts Landing SEGi Project ##: 06- 200.01
13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable)
Motts Creek Corner of River and Sanders Roads.
15. LOCATION OF PROJECT
Wilmington, New Hanover NC
COUNTY STATE
16. OTHER LOCATION DESCRIPTION, IF KNOWN (see instructions)
See Attachment I — The Village at Mott's Landing Supplemental Documentation to the Individual Permit Modification Request
17, DIRECTIONS TO THE SITE: From UNCW, head south on South College Road through Monkey Junction. Take a right onto Sanders Road. At
the intersection of Sanders Road and River Road, take right. Take next left into The Village at Motts Landing. See Attachment 1 for vicinity
maps.
ENG FORM 4345, JUL 97
EDITION OF FEB 94 IS OBSOLETE
Proponent: CECW -OR

Molts Landing Individual Permit Modification
18. Nature of the Activity: (Description of Project, include all features)
The project will include the removal of hydric soil from 3 jurisdictional wetland areas, within the Mott's Landing Subdivision. Clean earthen fill
will then be placed into the areas, to allow for the construction of three (3) single family dwellings and one (1) multi - family structure. Please refer
Attachment I for site specific impact acreages and locations. To ensure disturbance of wetlands does not occur outside the requested areas,
sediment and erosion control measures will be installed prior to the commencement of land altering activities.
19. Project Purpose: (Describe the reason or purpose of the project, see instructions)
The purpose of the project is to construct a mixed use residential community, with associated amenities, in New Hanover County, North Carolina.
Work is expected to begin as soon as USACE and DWQ authorizations have been secured and should be completed within 1 year of the
commencement date.
USE BLOCKS 20.221F DREDGED ANDIOR FILL MATERIAL 15 TO nE DISCHARGED
10. Reason(s) for Discharge
The fill is necessary to facilitate the building footprint of three (3) single family dwellings and one (1) multi - family structure.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Clean earthen fill material will be used for this project.
12. Surface Area in Acres of Wetlands or Other Waters Filled: (see instructions)
The Applicant is requesting to fill approximately 0,12 acre of non- riparian wetland impact. These impacts shall be treated cumulatively with
previous impacts associated with The Village at Molts Landing subdivision, which totaled I.27 acres (Original Impact = 0.16ac. + Impact
Approved with New IP = 1.11 ac.) In total, 1.39 acres of wetland are proposed for the entire project. A backhoe will be utilized to dig out the
hydric soil and replace it with clean earthen fill.
23. Is Any Portion of the Work Already Complete? Yes X No IF YES, DESCRIBE THE COMPLETED WORK
Impacts to wetlands have taken place within Phase I (0.16 Ac). However, the impacts being sought with this modification request have not taken
place.
24. Addresses of Adjoining Property Owners , Leases, Etc., Whose Property Adjoins the Water body (if more than can be entered here, please attach a
supplemental list
Please refer to Attachment 1 — Supplemental Information for details.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in this Application.
A Division of Water Quality 401 Certification is being requested concurrently with this application. Stormwater infrastructure has been installed
within the area where impacts are proposed. The Sediment and Erosion Control Permit has been issued.
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is
complete an accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applicant.
_ -�J Q�u 1Lai
_ s 21 September 2012 _
Signature of Applicant Date Signature of Agent Date
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may he signed by a duly authorized agent if the
statement in block I I has filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully
falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or make any false fictitious or fraudulent statements ur representations or makes or
uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be rtned not more than $10,000 or
imprisoned no more than five years or both.
Please see Attachment I — Supplemental Information for details of the project.

Attachment 1
The Village at Mott's Landing
Supplemental Documentation to the Individual Permit Modification
Requested By:
AFTEW Properties, LLC
Dr. Arnold Sobol
2020 South Churchill Drive
Wilmington, NC 28403
Prepared By:
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
910.452.2711
Date:
21 September 2012

Table of Contents
Section Title Page
I. Purpose and Need .............................................. ............................... 1
II. Location Existing Conditions .................................... ............................... 1
III. Project History ...................................................... ............................... 1
IV. Project Description ................................................. ............................... 1
V. Avoidance and Minimization ..................................... ............................... 2
VI. Alternatives ............................. ........................ ............................... 2
A. No Action .................................................... ............................... 3
B. Alternate Site Location ..................................... ............................... 3
C. Preferred Location ....................................................................... 3
VII. Sequence of Events ................................................. ............................... 4
VIII. Compensatory Mitigation .......................................... ............................... 4
IX. Adjacent Property Owners ........................................ ............................... 4
X. Other Authorizations ................................................ ............................... 6
XI. Summary ............................................................ ............................... 6
Appendices
A. USACE Individual Permit Issued 2012 ......................... ............................... i
B. NC DWQ Major Certification Issued 2012 ..................... ............................... ii
C. Wetland Impact Map ................ ............................... ....................... iii
D. Preliminary Site Plan ............................................... ............................... iv
E. NCEEP Acceptance Letter ........................................ ............................... v
TOC -i

The Village at Mott's Landing IP Modification Supplemental Documentation `–' r—c1
L Purpose and Need
The purpose of this project is to construct the Village at Mott's Landing, which includes the building of single and
multi- family structures. The need to impact wetlands is critical to ensure project feasibility.
IL Location and Existing Conditions
The proposed project is located at the corner of Sanders Road and River Road, within The Village at Mott's
Landing subdivision, in New Hanover County, North Carolina (34.1276 °N, - 77.9136'W). To access the site from
South College Road, through Monkey Junction, take a right onto Sanders Road and enter the site adjacent to the
Bellamy School entrance. Alternatively, proceed to River Road, and take a right. Take next right into The Village
at Mott's Landing.
The subject parcel is comprised of approximately 261.89 acres. According to the wetland boundary survey,
approximately 64.0 acres of wetlands and 2,025 linear feet of streams exist within the project boundaries (please
refer to the wetland survey, signed by your office on 27 June 2011). Currently, work has begun in Phase I and II.
Infrastructure (roads, utilities, etc.) have been installed and dwellings are beginning to be constructed. The
remainder of the site has remained relatively undisturbed.
III, Project History
An Individual Permit (IP) and associated Division of Water Quality (DWQ) Major Certification (MC) were issued
for the entire project in 2005, but the permits expired prior to all of the impacts taking place. Wetland impacts,
under the 2005 IP, equalled 0.16 acre. Recently, the Applicant applied for and obtained a new IP and MC for the
project. The project numbers, assigned by the regulatory agencies, include those listed below:
Issuing Agency
Document
Project Number
Date Issued
Expiration Date
USACE
Individual Permit
2001 -01165
02/15/05
12/31/08
USACE
Individual Permit
2009 -01847
06/11/12
12/31/17
USACE
Signed Wetland Survey
2009 -08147
06/27/11
06/27/16
DWQ
401 Water Quality Certification
2004 -0047 0
04/04/12
Concurrent with 404
DCM
CAMA Consistency
CD12 -071
03/30/12
Concurrent with 404
Table 1. Project numbers associated with the project. (Note: copies of these muhorizations were not f trnished, as the USACE and DWQ should have them
in their files).
The previously issued EP and accompanying Water Quality Certification authorized the permanent impact of 1.11
acres and the temporary impact of 0.034 acre of non - riparian wetlands (please see Appendices A and B). To date,
the project has received Department of the Army (DoA) and DWQ authorization to permanently impact 1.27
acres of non - riparian wetlands. These impacts were offset by the Applicant's payment to the NCEEP for 3.25
acres of non- riparian wetland restoration credit and preservation of the remaining wetlands located within Phase I
of the project.
IV. Project Description
The Applicant anticipates impacting an additional 0.12 -acre of jurisdictional wetlands with the development of

The Village at Mott's Landing IP Modification Supplemental Documentation Sr-G i
lots 90, 90A and 91 and one of the duplex structures (See Appendix C — Wetland Impact Map). The table on the
following page denotes the impacts to wetlands that are anticipated to take place with this modification request.
Wetland Impact ID
Type
(Road crossing, huilding footprint, utility, etc.)
Jurisdiction
(Section 404, 10, DWQ 401, other)
Proposed Impacts
AC (SF)
1
Single- Family Lot Fill
404
0.01 (3 10 SF)
2
Single - Family Lot Fill
404
0.08 (3,230 SF)
5
Multi - Family Lot Fill
404
0.04 (1,829 SF)
Total 404 with Modification
0.12 (5,369 SF)
Previously Authorized Impacts
1.27 (55,321.2 SF)
Cumulative Project Total
1.39 (60,548.4 SF)
Table 2. Wetland Impact Summmy.
Heavy machinery, such as a bulldozer, grader, back hoe, and track hoe, will be utilized during the construction
process. The machinery will be used to clear the land, stabilize the soil, establish grade and to transport and
deposit the proposed fill material within the project boundaries. Sediment and erosion control measures will be
installed prior to commencement of land disturbing activities.
Coastal wetlands are not anticipated to be impacted by this project, and the project is located outside any Areas of
Environmental Concern (AF-Cs). A CAMA Consistency Determination is being prepared concurrently with this
permit application and will he submitted to the USACE and DWQ upon receipt.
Threatened and endangered species and archaeological concerns were addressed within the recently issued DoA
and DWQ permits, as well as the DCM's CAMA Consistency Determination. No changes have occurred since the
issuance of those authorizations.
V. Avoidance and Minimization
Due to the County's request for redesign of Mott's Forest Drive, the Applicant was forced to replace townhouses
with duplexes. Originally, the Applicant intended to construct 241 townhouse units and 24 duplex units (265 total
units). As a result of the redesign, the Applicant reduced the total number of units by 42. Part of this reduction
was necessary to avoid impacting 0.17 acre of wetlands. These impacts are noted as Impact Areas 3 & 4, on the
Wetland Impact Map and are also denoted on the first impact map received from the Applicant (see Appendix D).
VI. Alternatives
The Applicant investigated other potential means of developing the subject parcel, and has been unable to find a
practicable alternative that would achieve his goal and meet his stated purpose.
A. Alternative 1. — No Action
The No Action Alternative (leaving the proposed impact areas undeveloped) would not be feasible for several
reasons:
As it pertains to Impact Areas 1 and 2: These lots are and have been part of a contract to a Iocal builder.
The impacts necessary to accommodate the building footprint where overlooked during the IP application.
2

The Village at Mott's Landing IP Modification Supplemental Documentation Sr.61
The No Action alternative would not allow the Applicant to perform on his contract with the builder and be
economically damaging, thus the No Action Alternative is not considered feasible.
As it pertains to Impact Area 5: This impact became necessary as a result of the New Hanover County
Planning Department's request for the Applicant to re- design and straighten the intersection of Motts Forest
and Diadem Parke Roads. Additionally, to meet the current real estate market, the Applicant has changed the
proposed building from town homes to duplex style dwellings, which have a deeper footprint. The road re-
design required the building be placed on the opposite side of the road, adjacent to the wetlands, which
positions the duplex partially within an area classified as wetlands. For these two reasons, the No Action
Alternative is not considered feasible.
B. Alternative 2. — Alternate Site
Although the Applicant owns land across River Road, it would not be feasible for several reasons:
As it pertains to Impact Areas 1 and 2: In order to develop the west side of River Road, it would be
necessary to provide adequate utility and driveway access. This is economically impracticable, at this time,
for the purpose of constructing 3 single family homes. Additionally, the Applicant is tasked with delivering
building footprints on the subject lots to perform on his contract. Again, these impacts should have been
included in the original IP application but were overlooked. Therefore, the land west of River Road would not
be a feasible Alternate Site for the proposed development.
As it pertains to Impact Area 5: As with Impact Areas 1 and 2, this would also require the installation of
adequate utilities and driveway accesses on the west side of River Road. Thus, this is not an economically
practicable alternative.
C. Alternative 3 — Preferred Location
The proposed impacts are the preferred alternative, as they provide the location specific impacts necessary to
meet the purpose and need of the project.
The Applicant has removed impacts associated with access to other areas of the property and limited the
proposed impacts to specific needs within current development areas. By removing the request to access other
areas of the property, any significant changes in economic validity have been removed. For those proposed
impacts that remain, the economic validity lies within the developer's ability to perform on his contract with
the builder. For example, if the developer is unable to deliver buildable lots in the area of Impacts 1 and 2, he
will be in breach of his contract with the builder and will lose the sale of those lots, at the very least.
Additional legal issues may also arise, should this happen. As mentioned previously, these impacts were
overlooked during the initial IP application. An attempt was made to include them at a point in the processing
of that application, but the time frame necessary to amend the application made it unfeasible.
The subdivision currently has the maximum number of platted lots allowed, per the New Hanover County
planning approval. Any additional lots requested would cause the removal of a lot in another area of the
project. Thus, economically, there should be little difference over the build out of the project by relocating
3

The Village at Mott's Landing IP Modification Supplemental Documentation 15 r-G 1
lots. The current issue is to provide builders with constructible lots in an area with, or in close proximity to,
utilities such as water and sewer.
VII. Sequence of events
The Applicant has secured stormwater and S &EC permits, thus work is to commence as soon as DoA and DWQ
approval of the modification request have been issued. The work will consist of clearing the land, removing the
hydric soils from the impact areas, and stabilizing the soil and establishing grade.
VIII. Compensatory Mitigation
The impact to wetlands is proposed to be offset by making payment to the NC Ecosystem Enhancement Program
(NCEEP), at a 2.1 to 1 mitigation -to-impact ratio. SEGi and the Applicant believe that the proposed mitigation is
sufficient to offset the impacts being requested with this request to modify the IP and MC. The impacts are not
located within 500 linear feet of any stream. A letter of acceptance, from the NC EEP, has been attached to this
document (see Appendix E).
IX. Adjacent Property Owners
The following table includes all the properties that abut the project limits (see Appendix G - Key Map).
Map Key [D
Owner's Name
New Hanover County Parcel ID
Developed?
1
Sycamore Grove HOA
R07600 -006- 271 -000
Y
2
Williamson, Jerry and Laura
R07600 -006- 233 -000
N
3
First Troy
R07600 -006- 266 -000
Y
4
Sycamore Grove HOA
R07600- 006 -270 -000
Y
5
Fritz, Brian and Morgan
R07600 -006- 325 -000
N
6
First Troy Spec.
R07600 -006 -326 -000
Y
7
First Troy Spec.
807600 -006- 327 -000
N
8
First Troy Spec.
R07600- 006 -332 -000
N
9
Goodrich, Harvey and Blair
R07600 -006- 333 -000
N
10
First Troy Spec.
R07600- 006 -125 -000
N
11
Hurley, Michael and Margot
R07600- 006 - 174-000
N
12
Hurley, Michael and Margot
R07600- 006 - 015 -000
N
13
Middleton, Vanessa Brown Alford
R07600 -006- 175 -000
Y
14
Middleton, Alford and Vanessa
807600- 006 -067 -000
N
15
AFTEW Properties
807600 -006 -013 -000
N
16
AFTEW Properties
R07600 -006 -014 -000
N
17
Carenbauer, William L.
807600- 006 -011 -024
Y
18
Weddle, Glenn C.
R07600- 006 -011 -023
Y
19
Carenbauer, William L.
R07600-006-011-022
Y
20
Carenbauer, William L.
R07600- 006 -011 -021
N
4

The Village at Mott's Landing IP Modification Supplemental Documentation
SE-Gi
21
Blanton, Haynes and Carol
807600- 006 -011 -020
Y
22
Kaiser, Gerard and Joan
R07600- 006 -011 -019
Y
23
Brinson, Addison Jr.
R07600- 006 -011 -018
Y
24
Yarborough, Lenora
R07600- 006 -011 -017
Y
25
Vamum, Glenn and Nellie
807600- 006 - 011 -016
Y
26
Peterson, David and Sandra
R07600- 006 -011 -015
Y
27
Home, Benjamin et al.
R07600- 006 -011 -014
Y
28
Mathews, Donald et al.
R07600- 006 -011 -013
Y
29
Mathews, Cliff Jr.
R07600-006-011-012
Y
30
Mathews, Sandra and Cliff W. Sr.
R07600- 006 -01 l -01 l
Y
31
AFTEW Properties
R07600- 006 -011 -025
N
32
Schenk, Donald and Sally
R07600 -006 -011 -010
Y
33
Horne, Benjamin
R07600-006-011-009
N
34
Horne, Benjamin
R07600 -006- 011 -008
Y
35
Horne, Benjamin
R07600- 006 -011 -007
N
36
Horne, Benjamin
R07600- 006 -011 -006
N
37
Blanton, Haynes Il and Mandi
R07600- 006 -011 -005
Y
38
Ranieri, Richard and Rosalind
R07600- 006 -011 -001
Y
39
Barnhill, Carolyn W. Living Trust
R07600- 006 -011 -004
Y
40
JJ &K Properties Inc.
R07600- 006 -008 -000
Y
41
AFTEW Properties
807600- 006 -008 -001
N
42
Bowens Chapel AME Zion Church
R07600- 006 -007 -001
N
43
State Employees Credit Union
R07600- 006 - 006 -000
Y
44
Sanders, Carlotta Hrs.
R07600- 006 -005 -000
N
45
Sanders, Sarah H.
R07600 -006- 004 -000
Y
46
Sanders, Carlotta Hrs.
R07600- 006 - 003 -000
N
47
Wade, Carolyn
R07600- 006 -002 -000
Y
48
Canty, Katie Mae and Graham et al.
R07600-006-001-001
Y
49
Dunkey, Sherry and Bradley
R07600 -006 -010 -000
N
50
Dunkey, Sherry and Bradley
807600 -006 -181 -000
N
51
Keinath, Christine D, et al.
R07600- 009- 160 -000
Y
52
Fritz, Ricky and Laura
R07600 -009 -159 -000
Y
53
Lake Brewster HOA
R07600-009-115-000
Y
54
Carolina Power and Light
R07600- 006 -079 -000
Y
55
Village at Mott's Landing HOA
R07600- 004 -005 -000
N
56
Cape Fear Public Utility Assoc.
R07600- 006 -086 -000
Y
Table 3. The Village at Mott's Landing Adjacent Propen), Owners as of 9119111. Please note that New Hanover Cowq s GIs system does
not provide the mailing address for property owners.
5

The Village at Mott's Landing IP Modification Supplemental Documentation Sr- 6
X. Other Authorizations
The proposed project will require the following environmental permits:
Type
Agency
Date Issued or Applied For
401 Water Quality Certification
NC DWQ
Applying for concurrently with IP
LAMA Consistency
NC DCM
Applying for concurrently with IP
State Stormwater Permit
NC DWQ
Issued 4 April 2012
S &EC Permit
NC DLR
Issued 12 June 2012
Table 4. Other Authorizations
XI. Summary
The Applicant believes the development plan is the least environmentally damaging, practicable alternative.
Measures have been taken to minimize impacts to wetlands to the greatest extent practicable. The Applicant is
proposing that mitigation for the proposed impacts will be fulfilled by making payment to the NCEEP for 0.25
acre of wetland restoration credit.
6

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Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGrIEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
Action ID; SAW - 2009 - 01947
Dr. Arnold Sobol
2020 South Churchill Drive
Wilmington, North Carolina 28403
Dear Dr. Sobol:
June 11, 2012
�C'CI � IIGG
I arias � � (r I
In accordance with your written request of December 21, 2011, and the ensuing
administrative record, enclosed is a copy of a Department of the Army (DA) Permit to discharge
fill material into 1.11 acres of Section 404 jurisdictional non - riparian wetlands to construct the
remaining phases of the Village at Motu. Landing, to include the installation of roads and utilities
and the building of several single and multi - family structures. The 262 acre project area is
located along River Road and the north side of Sanders Road in wetlands adjacent to the Mott's
Creek, Wilmington, New Hanover County, North Carolina.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your
failure to comply with these conditions could result in a violation of Federal law. Certain
significant general conditions require that:
a, You must complete construction before December 31, 2017.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and conditions.
You should address all questions regarding this authorization to Ms. Emily Hughes at the
Wilmington Regulatory Field Office, telephone [phone].

Thank you in advance for completing our Customer Survey Forth. This can be
accomplished by visiting our web -site at http-//, per2 .nn.usace.annv.mil.survev.litml and
completing the survey on -line. We value your comments and appreciate your taking the time to
complete a survey each time you interact with our office.
FILENAME:2N'TO DR. ARNOLD SOBOL.DOCX
Sincerely,CESAW- RG- LIEHIcmc
Enclosures
Copies Furnished (with enclosures):
Chief, Source Data Unit
NOAA/National Ocean Service
1315 East -west Hwy., Rm. 7316
Silver Spring, MC 20910 -3282
Copies Furnished with special conditions
and plans:
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
Mr. Ron Scchler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Ms. Jennifer Derby, Chief
Wetlands Protection Section — Region IV
Water Management Division
U. S. Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303
CESAW- RG- L/BETER
MAIL
CESAW -RG -L /FILE
Steven A. Baker
Colonel, U. S. Army
District Commander
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division - Region IV
U. S. Environmental Protection Agency
61 Forsyth St. SW
Atlanta, GA 30303 -8931
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Pace Wilber
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 29412-9110

DEPARTMENT OF THE ARMY PERMIT .SUN - 1 2012
Permittee Dr. Arnold Sobol
Permit No. SAW -2009 -01847
issuing Office CESAW -RG-L
NOTE: The term "you" and its derivatives, as used in this permit, means the permittec or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: Discharge fill material into an additional 1.11 acres of wetlands to complete the
proposed Village at Mott's Landing subdivision. This remaining development (Phases IA, IB and
11) includes the construction of 389 single family homes, 241 townhomes and 24 duplexes with
associated roads, utilities and amenities. This project was initially permitted February 15, 2005
under Individual Permit SAW - 2001 -01165 and authorized permanent impacts to 1.52 acres of non -
riparian wetlands and temporary impacts to 0.034 acre of non - riparian wetlands. Upon expiration
of the permit on December 31, 2008, only 0.16 acre of impacts had been completed; this discharge of
fill was associated with the construction of roads and infrastructure for Phase 1 of the development.
Project Location: Wetlands and Waters of the U.S. adjacent to Motts Creek, a tributary to the Cape
Fear River, on a 262 acre tract located along River Road and the north side of Sanders Road,
Wilmington, New Hanover County.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2017. If you find that you need more time to
complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this pen-nit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places,
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CfR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
{ ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
{ X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law,
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit. the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2

e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fait to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5, The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition l establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PERMITTEE) DR. ARNOLD SOBO (DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below,
e-� r-l-, 7)� &/-7 2o17-
(DISTRICT ENGINEER) STEVEN A. R, LONEL (DATF,)
When the structures or authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions. have the transferee sign and date below.
(TR4NSFEREE)
(DATE)
'll S GOW..RNMEN'T PRINTING OFF]Cr 1986 - 717425

A AA, MO_-
Fijw
MCDEMR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
oeverly Eaves Perdue Charles V "valiild, P. E. Dee Fieerrlan
Governor Director Secretary
April 4, 2012
AFTEW Properties, LLC
Dr. Arnold L. Sobol
2020 South Churchill Drive
Wilmington NC 28403
Re: The Village At Mott's Landing; New Hanover County
DWQ Project # 2004- 00470
Mott's Creek (030617, 18 -82, C, SW)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Dr. Sobol:
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.
Since ly,
Charles Wakild, P.E.
CW/kahlijm
Attachments: Certificate of Completion
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: 040047Ver3 VillageAtMottsLanding (NewHanover)40l_IC
1617 toad Service Center, Raleigh, North Carolina 27699 -1617
Location. 512 N Salisbury St Raleigh, North Carolina 27604
Phone: 919 - 807.63001 FAX: [phone] Customer Service: 1- 877 - 623 -6748
Inlernet www.rimaterguality org
An Equal Opporlunily 1 Affirmative Hc!ion Employer
No thCarolina
Xi atyra11b

3
The Village At Mott's Landing
New Hanover County
2004- 00470
Sediment and Erosion Control:
Erosion and sediment control practices must be in fuli rornpiianre with all Gp?cifications
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 d at 'they equal, o: zxueed, tl:e requi:en:ellts sl;ec;illed in the tr.ost
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;
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 (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 hgp: / / /portal.ncdenr.org/ web /N,q/tivs/szt/constritctioia;
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;
b. 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

A
AA
M ®EMR
North Carolina Department of Environment and Natural Resources
Division of Water Qualily
Beverly Eaves Perdue Chuck Wakild, P.F Dee Freeman
Governor Director Secretary
:`1ol-th Carolina D .-.f Quality
; .
401 Water Quality Certification
Sumnlar`J of Permitted 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 1.27 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 1S NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
EEP Project Name:
Village At Mott's Landing Subdivision
DWQ PROJECT 9:
20040047, Ver. 3
LOCATION:
Wilmington
COUNTY
New Hanover
BASIN/ SUB BASIN
Cape Fear /03030005
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 Mitigation
3.05 Acres Of Non- Riparian Wetlands 3.05 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 Mail Service Center
RALEIGH, N.C. 27699 -1652
(919) 716 -0476
Filename: 040047Ver3 ViIIageAtMom Land ing (NewHanover)401_lC_EEP
;ke10-.k. m, =i SD FII'ont-i, )I,,id IhIpt {1,.1;.,. =iF..
—

p0
OUT PARCEL
21.71 ACRES
H �1 I• •T � M
fir■ .. .',.t ,. SF 1
N
DATE PRINTED
N
SEP 2 1 2012
�1
a
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Tlmpac � A
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0 DO lm T2271
REMSIONS
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•
Lu'��i['i19Y{:ESiI:zJ�
7
(BRACKISH MARSH)
a o
TOTAL
211"1 ACRES
ZONING:
R -15
ALLOWABLE DENS";
5 U.-
54
PROPOSEO UNRS
GREE34 SPACE AREA 133 ACRES
lox 01
51NCLE FALS.Y
I
DUP=
Z"UNM
TOWHHOYFS
1 SM S1LU.L E PACW':F.0 tL = 110(1111 tJhOl.►A
WAOTT SOIFiI 9V1L E APPIEL R HE.lr1.eNs4
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ADD !!YT T1w1 L + w THIEF = K.UNO WEST SoE w+en ImW.
91 l9POCilAPIK NOw�O10l1 FROY NEW !W[R9f fnUIIT
I� TiAE ARE NO flwa,CWr TEES WISH T E P"IT C 1M14 �•
tlm~• G.
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DATE PRINTED
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REMSIONS
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(BRACKISH MARSH)
a o
TOTAL
211"1 ACRES
ZONING:
R -15
ALLOWABLE DENS";
5 U.-
54
PROPOSEO UNRS
GREE34 SPACE AREA 133 ACRES
lox 01
51NCLE FALS.Y
UN1I
� 5
DUP=
Z"UNM
TOWHHOYFS
1 SM S1LU.L E PACW':F.0 tL = 110(1111 tJhOl.►A
WAOTT SOIFiI 9V1L E APPIEL R HE.lr1.eNs4
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ADD !!YT T1w1 L + w THIEF = K.UNO WEST SoE w+en ImW.
91 l9POCilAPIK NOw�O10l1 FROY NEW !W[R9f fnUIIT
I� TiAE ARE NO flwa,CWr TEES WISH T E P"IT C 1M14 �•
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REMSIONS
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(BRACKISH MARSH)
a o
TOTAL
211"1 ACRES
ZONING:
R -15
ALLOWABLE DENS";
5 U.-
54
PROPOSEO UNRS
GREE34 SPACE AREA 133 ACRES
lox 01
51NCLE FALS.Y
UN1I
� 5
DUP=
Z"UNM
TOWHHOYFS
1 SM S1LU.L E PACW':F.0 tL = 110(1111 tJhOl.►A
WAOTT SOIFiI 9V1L E APPIEL R HE.lr1.eNs4
TOTAL ,5% ONrm
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TAX IMP NO. 7650- 005 -512A5
MCA LOCATETI WRHN 52 ACRES
'0
DO
N
100 YUIN f1A00 PLAN
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GREE34 SPACE AREA 133 ACRES
lox 01
1 SM S1LU.L E PACW':F.0 tL = 110(1111 tJhOl.►A
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91 l9POCilAPIK NOw�O10l1 FROY NEW !W[R9f fnUIIT
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T te
wos sm x
PROGRAM
September 18, 2012
Dr. Arnold Sobol
AFTEW Properties, LLC
2020 South Churchill Drive
Wilmington, NC 28403
Project: Village at Mott's Landing IP Modification
Expiration of Acceptance: March 18, 2013
County: New Hanover
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please
note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation
for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be
approved. You must also comply with all other state federal or local government permits, regulations or authorizations associated
with the proposed activity including SL 2009 -337: An Act to Promote the Use of Compensatory Mitigation Banks as amended by
S.L. 2011 -343.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certiftcation/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In-
Lieu Fee to be, paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required for this impact is determined by permitting agencies.
Impact
River
Basin
CU
Location
Stream (feet)
Wetlands (acres)
I
Buffer I
(Sq. Ft.)
Buffer 11
(Sq. Ft.)
Cold
Cool 1 Warm
Ri arian Non-Riparian Coastal Marsh
Cape Fear
03030005
0
0 0
0 0.12 0
0
0
-- -Upon- receipt -of payment; -EEP will take responsibility-for providing-the compensatory-mitigatibri:- The mitig5tioii will -tie pe roffh6d-in
accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919) 716 -1921.
Sincerely,
i
Su :4�ic
Actin
cc: Karen Higgins, NCDWQ Wetlands1401 Unit
Emily Hughes, USACE - Wilmington
Chad Coburn, NCDWQ- Wilmington
Doug Huggett, NCDCM- Morehead City
Dana Lutheran, agent
File
xe&orl ... ... prott:Gt. OGw State'
AMA
FCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 1 919-715-0476 1 www.nceep.net