20040047 Ver 4_Other Agency Comments_20130228

REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
February 22. 2013
Regulatory Division
Action ID: 2009 -01847
Dr. Arnold Sobol
2020 South Churchill Drive
Wilmington, North Carolina 28403
Dear Dr. Sobol:
o'A - oo�j V q "
Please reference your Department of the Army authorization issued June 11, 2012 for the
completion of the Village at Motts Landing residential development, located on River Road and
Sanders Road, New Hanover County, North Carolina. Also reference your request dated
September 21, 2012, for a permit modification to discharge fill material into an additional 0.12
acre of Section 404 jurisdictional non - riparian wetlands to construct three single - family homes
and one multi - family unit resulting from plan modifications.
In review of the design and purpose and need for the additions, it has been determined that
the discharge of fill material associated with the three single - family homes and one multi - family
unit will be authorized via permit modification. This modification will increase the impacts by
0.12 acre, totaling the wetland and water impacts to 1.39 acres. All Special Conditions, as
prescribed in the June 11, 2012 authorization and enclosed in this correspondence, remain valid
with the addition that a 2:1 payment to the Ecosystem Enhancement Program is required to offset
impacts to the 0.12 acre of wetlands.
If you have any questions or comments concerning this permit modification, please contact
Emily Hughes at (910) 251 -4635, Wilmington Regulatory Field Office.
Si cerel
STEVEN A. BAKER
Colonel, U.S. Army
District Commander
Enclosures
R&ROW19 I
FEB 2 8 2013

-2-
Copies Furnished:
Mr. David Syster
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
Ms. Karen Higgins
Division of Water Quality
North Carolina Dep"ent of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Mr. Doug Huggett
North Carolina Department of
Environment and Natural Resources
400 Commerce Drive
Morehead City, North Carolina 28557
Mr. Todd Bowers
U.S. Environmental Protection Agency Region 4
1307 Firefly Road
Whittier, North Carolina 28789
Mr. Chad Coburn
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405 -3845

SPECIAL CONDITIONS
VILLAGE OF MOTTS LANDING
Attn: DR. ARNOLD SOBOL
NEW HANOVER COUNTY
SAW- 2009 -01847
Work Limits
a) All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers ( USACE) prior to implementation.
b) Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land - clearing activities shall take place at -any time.in
the construction or maintenance of this project, within waters or wetlands. This permit
does not authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to all
borrow and fill activities connected with this project.
c) Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land - clearing activities shall take place at any time in the construction or maintenance of
this project, in such a manner as to impair normal flows and circulation patterns within
waters or wetlands or to reduce the reach of waters or wetlands.
Related Laws
d) All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other
toxic materials. In the event of a spill of petroleum products or any other hazardous
waste, the permittee shall immediately report it to the N.C. Division of Water Quality at
(919) 733 -5083, Ext. 526 or (800) 662 -7956 and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
Project Maintenance
e) The permittee shall advise the Corps in writing prior to beginning the work authorized by
this permit and again upon completion of the work authorized by this permit.
f) Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials (including debris from land
clearing activities), or unsightly debris will not be used.
g) The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
3

provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit. A copy of this permit, including
all conditions, shall be available at the project site during construction and maintenance
of this project.
h) The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt
fencing or similar appropriate devices around all areas subject to soil disturbance or the
movement of earthen fill, and the immediate stabilization of all disturbed areas.
Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter
I I 3 Article 4).
i) The permittee, -upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time
and manner as the Secretary of the Army or his authorized representative may direct,
restore the water or wetland to its pre - project condition.
Enforcement
j) Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington
District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the
violation.
k) In order to compensate for impacts to 0.12 acres of non -riparian wetlands mitigation shall
be provided in accordance with the provisions outlined on the most recent version of the
attached Compensatory Mitigation Responsibility Transfer Form (attached). The
requirements of this form, including any special conditions listed on this form, are hereby
incorporated as special conditions of this permit authorization.
1) A representative of the Corps of Engineers will periodically and randomly inspect the
work for compliance with these conditions. Deviations from these procedures may result
- - in cessation of work until the problem is resolved to the satisfaction of the Corps...
Other
m) REPORTING ADDRESS: All reports, documentation and correspondence required by
the conditions of this permit shall be submitted to the following address: U.S. Army Corps
of Engineers, Regulatory Division, Wilmington Regulatory Field Office, c/o Mrs. Emily
Hughes, 69 Darlington Avenue, Wilmington, North Carolina 28403, and by telephone at:
910 - 251 -4635. The Permittee shall reference the following permit number, SAW -2009-
01847, on all submittals.
4

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WETLAND
LETTER
IMPACT AREA
(SF /AC)
PERMITTE
(AC)
t
3101.01
-
2
—3.2,304-08
-
5
1 829 .04
-
TOTAL
5.369 SF
0.12 AC
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DATE 08 -16 -12
ESIGN PGT
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TRAP P.C.
419 Chestnut Street
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ption
Wilmington, North Carolina 28401
Phone 910 - 763 -5100
SHEET 1 OF 1
Fax 910 - 783 -5631
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WETLAND
LETTER
IMPACT AREA
(SF /AC)
PERMITTED
(AC)
1
310A01
-
2
3.230 .08
-
5
1.829404
-
TOTAL
5.369 SF
0.12 AC
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DATE 08-16 -12
DESIGN PGT
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TRAP ENGMESMG,
P.C.1
419 Chestnut Street
Wilmington. North Carolina 28401
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Phone [phone]
SHEET 1 OF t
Fax 910 - 763 -5631
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J "j1.wCEIVED
DEPARTMENT OF THE ARMY PERMIT JUN -1 2012
'-� wu. M F� D. cf'C,
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 permittee or any firture 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, III and
II) 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 permit 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 fail 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 I 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 w (DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
l� rte... '3*t i( & / 7 12c, 17-
(DISTRICT ENGINEEW) STEVEN A. AB ER, VLONEL (DATE)
v
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.
(TRANSFEREE)
(DATE)
•U S GOVERNMENT PRINTING OFFICE 1986 - 717 -425

Wetland Impact ID
P
(Road crossing, building
g, 8
footprint, utility, eta)
Jurisdiction
(Section 404, 10, DWQ
401, other)
Previously Permitted
Impacts AC (Si)
Proposed
impacts
AC (SF)
A
Road Cmssing
404
0.01
0.01(387)
B
Road Crossing
404
0.04
0.03 (1,140)
C
Road Crossing
404
0.11
0.12 (5,434)
D
Building Footpnnt
404
0.01
Atl M
E
Road rossmg nt ut
404
0.05
000"
F
Road Crossing
404
0.03
mom
G
Building Footprint
404
0.08
0.08 (3,468)
H
Road Crossing
404
0.07
0.06 (2,823)
1
C
Fooftnint
404
0.03
0.03 (1,348)
J
Road Crossing
404
015
OMAM
K
Building Footpfim
404
0.08
swum
L
Road Crossing
404
0.02
0.02 (907)
M + N
Road Crossing
404
0.05 + 0.08 = 0.13
0.13 (5,477)
O
Road Crossing
404
0.01
WAM
P
Road Crossing
404
0.01
0.01(592)
Q
Road Crossing
404
0.02
0.02 (9SS)
R
Road Crossing
404
0.26
S
Road Crossing
404
0.01
Avoided
T
Road Crossing
404
0.02
0.003 (160)
U
Road Crossing
404
0.02
0.02 (849)
V
Road Crossing
404
0.08
Now ImpvA BB
W
Road Crossing
404
0.02
Now Impact FF
X
Road Cmwing
404
0.05
Y
Dmimage Easement
404
0.04
•
Z
Road Crossing
404
0.06
•
AA
Road Creasing
404
0
0.04 (1,668)
BB
Road
m
404
0
0.08 (3,583)
CC
Building Footprint
404
0
Wom
DD
Road Crossing
404
0
0.07 (2,884)
EE
Building Footprint
404
0
MOM
FF(isolated)
Building Footprint
401
0
Avoided
GG
Pond I Stormwater Outfall
404
0.01
•
Total 404
1.52
1 I1 (48,247)
Total Previously impacted
-
0.16 (6,888)
Cumulative Total
1.52
117 (55,135)
Table 1. Wetland Impact Summary for Moll's Landing Phases 1, IA di B, and 1. "* "" Indicates the impact was prewousty
authorized and has taken place.