20040047 Ver 4_Approval Letter_20130116

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A PR
NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
AFTEW Properties, LLC
Attn: Dr. Arnold L. Sobol
2020 South Churchill Drive
Wilmington NC 28403
Division of Water Quality
Charles Wakild, P. E.
Director
January 16, 2013
John E. Skvarla, III
Secretary
DWQ #: 04 -0047 v4
New Hanover County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions—
MODIFICATION
The Village at Mott's Landing
USACE Action ID. No. SAW- 2009 -01847
Dear Dr. Sobol:
Attached hereto is a copy of Certification No. 3641 issued to AFTEW Properties, LLC, dated
January 16, 2013. This Certification replaces the Certification issued to you on 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) NPDES Stormwater Permit (including NCG020000)
Solid Waste, Sediment and Erosion Control, Dam Safety, Non - discharge and Water Supply
Watershed regulations.
You can contest this Certification as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings.
You may obtain a petition form from the Office of Administrative Hearings at
http: / /www.ncoah.com/ or call (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy is received in the Office of Administrative Hearings during normal office hours (Monday
through Friday between 8:OOam and 5:OOpm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided
the original and one copy of the petition is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
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The Village at Mott's Landing
Page 2 of 5
January 16, 2013
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Emily Hughes, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Chad Coburn, DWQ Wilmington Regional Office
David Syster, Southern Environmental Group, Inc., 5315 South College Road, Suite E,
Wilmington, NC 28412
File Copy
Filename: 040047v4VillageAtMottsLanding( NewHanover)401_IC.docx

The Village at Mott's Landing
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January 16, 2013
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
(Division) Regulations in 15 NCAC 02H .0500, to AFTEW Properties, LLC who have authorization to
place fill within or otherwise impact 1.39 acres of wetlands, as described within your application
received by the N.C. Division of Water Quality (Division) on September 26, 2012, and by Public
Notice issued by the U. S. Army Corps of Engineers and received by the Division on November 20,
2012.
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 that you described in your application and as
described in the Public Notice. 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. Any new owner must notify the Division and request the Certification be issued in
their name. 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
02H .0506 (h). This approval requires you to follow the conditions listed in the certification
below.
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:
Type of Impact
I Amount Approved (Units)
Plan Location or Reference
404/401 Wetlands
11.39 (acres)
Application and Public Notice
2. Compensatory Mitigation
Mitigation must be provided for the impacts described in the 401 Water Quality
Certification Modification Request 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 previous mitigation requirements and that
you wish to purchase additional credits from the NCDENR Wetlands Trust Fund
administered by EEP to meet this mitigation requirement. This has been determined by the

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The Village at Mott's Landing
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January 16, 2013
Division to be a suitable method to meet the mitigation requirement. Until EEP receives
and clears your check, no impacts specified in this Certification shall occur.
For accounting purposes, this Certification authorizes payment into the Wetlands Trust
Fund to meet the following compensatory mitigation requirement:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin Number
Wetland
0.12 (acres)
Cape Fear /03030005
3. Stormwater Management Plan
A Stormwater Management Plan (SMP) must be approved by the Wetlands, Buffers,
Stormwater — Compliance and Permitting Unit or if the project is subject to another State
stormwater program, a copy of the approval letter and approved SMP must be submitted to
this Office before any impacts authorized under this 401 Water Quality Certification may
occur.
4. Sediment and Erosion Control
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.
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 /401Permit 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 without
prior approval from the Division. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, design and placement of temporary erosion control

The Village at Mott's Landing
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January 16, 2013
measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands
or stream beds or banks, adjacent to or upstream and down stream of the above structures.
All sediment and erosion control devices shall be removed and the natural grade restored
within two (2) months of the date that the Division of Land Resources or locally delegated
program has released the project.
7. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self- monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at
http: / /Portal.ncdenr.org /web /wq /ws /su /npdessw#tab -w.
8. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities.
9. Continuing Compliance
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 with such standards and requirements in accordance with 15A NCAC 02H
.0507(d). Before modifying the Certification, the Division shall notify AFTEW Properties, LLC
and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC
02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H
.0504. Any new or revised conditions shall be provided to AFTEW Properties, LLC in writing,
shall be provided to the U.S. 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.
10. 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.
11. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
http / /portal ncdenr orp,Lweu w sut' w�401 ceitsand,jermits; app {4,,IfQrins).

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January 16, 2013
12. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
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 LAMA Permit.
This the 16th Day of January 2013
DIVISION OF WATER QUALITY
IX A
harles Wakild, P.E.
Director
CW /kah
3641