20071335 Ver 2_401 Application_20130713

LMG
LAND MANAGEMENT GROUP nic.
Environmental Consultants
July 10`h, 2013
TO: Ms. Jennifer Burdette
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699 -1650
RE: Isolated Wetlands Permit Application
Marina Village at RiverLights; New Hanover County, NC
DWQ #: 07 -1335 V
Dear Jennifer:
Enclosed is an Isolated Wetlands Permit application for your review. This application is submitted
on behalf of NNP IV Cape Fear River, LLC for the development of Phase 1 of the RiverLights
Subdivision (known as Marina Village) located off of River Road in New Hanover County, NC. The
applicant is proposing to relocate a section of River Road and construct a mixed -use development. The
development will include a drystack storage building with retail space, multi -level multi- family buildings,
retail space, residential cottages, and associated parking and roads. In 2007, DWQ issued a permit for this
project for impacts to 0.45 acre of isolated wetlands: 0.2 acre for the relocation of a road and 0.25 acre for
the construction of a drystack storage facility. The applicant impacted the isolated wetlands associated
with the road relocation, but the other impact has not yet occurred. Since this permit has expired, we
request a new permit to complete this work. Additionally, the applicant plans to directionally bore under
two streams classified as public trust waters (Barnards Creek and Motts Creek). This work is already
authorized under the current CAMA Major Permit and 401 WQC for the project (attached).
The Pre - Construction Notification form, associated maps, and site plan are enclosed for your
review. We have also enclosed the application fee. Please contact me if you have any questions. Thank
you for your assistance with this project.
Sin erely,
Kim Williams
Environmental Scientist
Encl.
Cc: Mr. Bill Mumford, NNP IV Cape Fear River, LLC
Mr. Richard Collier, McKim & Creed
Mr. Chad Coburn, DWQ
www.lmgroup.net - info @lmgroup.net - Phone: [phone] - Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

LMG
LAND MANAGEMENT GROUP mc.
Environmental Consultants
July 10'', 2013
TO: Ms. Emily Hughes
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
RE: NWP 12 /Section 10 Permit Application
Marina Village at RiverLights; New Hanover County, NC
Action ID# SAW- 2007 - 02319 -065
Dear Emily:
Enclosed is an NWP 12 /Section 10 Permit application for your review. This application is
submitted on behalf of NNP IV Cape Fear River, LLC for the development of Phase 1 of the RiverLights
Subdivision (known as Marina Village) located off of River Road in New Hanover County, NC. The
applicant is proposing to relocate a section of River Road and construct a mixed -use development. The
development will include a drystack storage building with retail space, multi -level multi- family buildings,
retail space, residential cottages, and associated parking and roads. Additionally, the applicant plans to
directionally bore utility lines under two streams classified as public trust waters (Barnards Creek and
Motts Creek). In 2008, the ACOE issued a Section 10 permit for this work, but it expired prior to the
installation of the lines. We request a new Section 10 permit to complete this work. This work is already
authorized under the current CAMA Major Permit.
The Pre - Construction Notification form, associate d
review. We have also enclosed previous permits for the
questions. Thank you for your assistance with this project.
Sincerely,
w
Kim Williams
Environmental Scientist
Encl.
Cc: Mr. Bill Mumford, NNP IV Cape Fear River, LLC
Mr. Richard Collier, McKim & Creed
Mr. Chad Coburn, DWQ
Ms. Jennifer Burdette, DWQ
maps, and site plan are enclosed for your
project. Please contact me if you have any
www.lmgroup.net - info @lmgroup.net - Phone: [phone] - Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
El Section 404 Permit ®Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number. 12 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification — Regular ® Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
® Yes
❑ No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
® Yes
❑ No
2. Project Information
2a. Name of project:
RiverLights (formerly River Road Property)
2b. County:
New Hanover County
2c. Nearest municipality / town:
Wilmington
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
NNP IV CAPE FEAR RIVER LLC
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
Mr. Bill Mumford
3d. Street address:
13777 Ballantyne Corporate Place, Suite 550
3e. City, state, zip:
Charlotte, NC 28277
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner):
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Kim Williams
5b. Business name
(if applicable):
Land Management Group, Inc.
5c. Street address:
3805 Wrightsville Avenue, Suite 15
5d. City, state, zip:
Wilmington, NC 28403
5e. Telephone no.:
(910) 452 -0001
5f. Fax no.:
(910) 452 -0060
5g. Email address:
kwilliams @lmgroup.net
Page 2 of 12

B. Project Information and Prior Project History
1. Property Identification
Ia. Property identification no. (tax PIN or parcel ID):
R07000- 006 - 009 -000
1b. Site coordinates (in decimal degrees):
Latitude: 34.1481 °N Longitude: 77.9406 °W
DD.DDDDDD - DD.DDDDDD
1c. Property size:
1329.6 ac
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Cape Fear River; Motts Creek; Bamards Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
C; SW
2c. River basin:
Cape Fear River Basin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Site contains several dirt roads and a planned relocation of River Road has been partially built. Other than that, the site is
wooded and undeveloped. Adjacent land use consists of residential development and undeveloped land.
3b. List the total estimated acreage of all existing wetlands on the property:
250 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
12,000 LF; Bamards Creek and Motts Creek form P /Ls.
3d. Explain the purpose of the proposed project:
The purpose of the work is to relocate part of River Road and provide a mixed -use development that has convenient
access to the Cape Fear River.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project is one phase of a larger development along River Road. This phase will include completing the
relocation of a section of River Road and the construction of a mixed -use development. The development will include a
drystack storage building with retail space, multi -level multi - family buildings, retail space, residential cottages, and
associated parking and roads.A total of 0.45 acre of isolated wetlands will be impacted from road relocation and the
construction of buildings. Of this, 0.2 acres of isolated wetlands have already been impacted. Additionally, utility lines will
be directionally bored under Bamards Creek and Motts Creek.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
❑ preliminary ® Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company:
Name (if known):
Other: LMG
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Jennifer Frye with the ACOE approved the wetland survey on 8/22/07 (Action ID: 2007 - 00517 -065). Although this JD
technically expired in 2012, the tract has a GP permit that is valid until 2016, which keeps the JD valid until that date as well.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
The applicant received a CAMA Major Permit for the construction of two piers, a four -slip docking facility, an elevated
boardwalk, and associated amenities (DWQ Project # 07 -1081; CAMA Major Permit #92 -07). A modification to the CAMA
Major was issued on April 23, 2010. A GP 291 for the marina and Phase 1 of the development was issued by the ACOE
(SAW- 2007 - 02319 -065). Additionally, a NWP 12 was issued to directionally drill utility lines under public trust waters in
2008. DWQ issued an Isolated Wetland General Permit for 0.45 acre of isolated wetland fill associated with road
construction and a dry stack storage building in 2007 (DWQ# 07- 1335). Utility lines have not yet been installed and only
0.2 acre of the isolated wetlands have been filled. This permit application requests re- authorization to install the utility
lines and complete impacts to isolated wetlands.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
The proposed project represents the first phase of this development. No other impacts to jurisdictional areas are
anticipated in future phases. But if they are needed, they will be viewed cumulative to the impacts proposed here.
Page 4 of 12

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts NIA
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary
W1 ®P ❑ T
Fill for dry stack
storage facility
Isolated
® Yes
❑ No
❑ Corps
® DWQ
0.25
W2 []PC] T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P [:IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.25
2h. Comments: 0.2 acre of isolated wetlands has already been filled under previous permit.
3. Stream Impacts NIA
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts: N/A
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number —
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P [IT
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction: N/A
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
Stormwater
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 12

6. Buffer Impacts (for DWQ): NIA
If project will impact a protected riparian buffer, then
complete the chart below.
If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then
you MUST fill out Section D
of this form.
6a.
❑ Neuse
El Tar-Pamlico El Other.
Project is in which protected basin?
❑ Catawba
❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required?
131 ❑P ❑T
El Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑ P ❑ T
❑ Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 7 of 12

D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The applicant has attempted to avoid and minimize wetlands in the site design as much as possible. The only wetlands
disturbance proposed were to 0.45 acre of isolated wetlands that are located adjacent to the existing River Road. One
impact was to 0.2 acres of isolated wetlands and was needed to relocate a section of River Road. This impact has
already occurred. The other 0.25 acre impact is needed for dry stack storage and has not yet been installed. All wetlands
located adjacent to the Cape Fear River have been avoided and/or bridged. The applicant also plans to directionally bore
under two streams, Bamards Creek and Motts Creek, to avoid any permanent or temporary impacts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be installed to prevent erosion into adjacent jurisdictional areas.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank: NIA
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program: N/A
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
N/A
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
N/A square feet
4e. Riparian wetland mitigation requested:
N/A acres
4f. Non - riparian wetland mitigation requested:
N/A acres
4g. Coastal (tidal) wetland mitigation requested:
N/A acres
4h. Comments:
S. Complete if Using a Permittee Responsible Mitigation Plan: N/A
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required. N/A
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
N/A
6h. Comments: N/A
Page 9 of 12

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
—60%
2b. Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
DWQ issued a stormwater permit for the project in 2008 (SW070672).
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review:
3a. In which local govemmenYs jurisdiction is this project?
New Hanover County
❑ Phase 11
❑ NSW
3b. Which of the following locally- implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4. DWQ Stormwater Program Review:
® Coastal counties
❑ HQW
4a. Which of the following state- implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
®Yes El No
attached?
5. DWQ 401 Unit Stormwater Review: N/A
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal /state/local) funds or the
❑ Yes ® No
use of public (federal /state) land?
1 b. If you answered "yes' to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes El No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
Project will not provide access or utilities to adjacent tracts. No impacts to other jurisdictional areas within the site are
anticipated. However, if future development requires impacts, they will be looked at cumulatively.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Project will tie into the local sewer system.
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species. The
American alligator is known to occur within the Cape Fear River, Motts Creek, and Barnards Creek. Utility lines will be
directionally bored under the creeks to avoid impacts. Other state - listed species, including the southern hognose snake,
glossy crayfish snake, mimic glass lizard, and black swamp snake have been documented within or adjacent to the site.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat. No EFH or HAPC were noted within the project area.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of
cultural or historic resources. No cultural or historical resources were noted within or adjacent to the site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System
website was used to determine the boundaries of the 100 -year floodplain. Areas directly adjacent to the Cape Fear River,
Bamards Creek, and Motts Creek are located within the 100 -yr floodplain.
Kim Williams
I i
07110/2013
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 12 of 12

AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the River Lights project located in New Hanover County, NC. All questions in regards to this
project should be directed to Land Management Group, Inc.
Sincerely,
1'w IV -64M >:k5,%.>? ex-4r--2 , UL'e'
Owner Name
'ev"4�-4 27:�
Own pplicant
W %Lk'% aM N %A"y0Tu> , VP
Print Name
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Date

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Map Source: North Carolina Atlas & Gazetteer. Pg 82, 83 & 84. 2003 SCALE 1" = 1 Mile
RiverLights
NNP IV Cape Fear River, LLC LMG Figure 1
New Hanover County, NC LAND MANAGEMENT GROUP—. Vicinity Map
Environmental Consultants
02 -10 -088

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*Boundaries are approximate and are'- �siTE
not meant to be absolute.
Map Source: Carolina Beach & Wilmington Quadrangles 7.5 minute (topographic) 1990.
RiverLights
NNP IV Cape Fear River, LLC
New Hanover County, NC
02-10 -088
LMG
LAND MANAGEMENT GROUP me
Environmental Consultants
SCALE 1" = 2000'
Figure 2
USGS Topgraphic Map

*Boundaneti are appruxirrlate ana are
not meant to be absolute.
Map Source: NRCS Soil Survey.
RiverLights
NNP IV Cape Fear River, LLC
New Hanover County, NC
02-10 -088
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Figure 3
Soils Map

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Map Source: 1998 NAPP aerial photography
RiverLights
NNP IV Cape Fear River, LLC
New Hanover County, NC
02 -10 -088
LMG
LAND MANAGEMENT GROUP we
Environmental Consultants
SCALE 1" = 1800'
Figure 4.
Aerial Photograph

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FIGURE 6. SITE PLAN SHOWING "°` "°` g
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NNP IV Cape Fear River, LLC
New Hanover County, NC
02 -1 0-088
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Figure 7. Detail of
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ISSUED FOR PERMITTING
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SATE JUNE 2007 r.c w'O
0 UM arK qy iFAI
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PROPOSED RIVER ROAD
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4 &Nnclm& REED Newland RIVER ROAD
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t Ummgtw, North CeramO 26401 ROADWAY PLAN & PROFILE
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/
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DATE JUNE 2007 A.c n<r.0
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Wilmington. North Front Slreel COMMUNITIES
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NNP IV Cape Fear River, LLC
MASTER PLAN
JULY 2007
PRELIMINARY: NOT FOR CONSTRUCTION

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CO r
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Mr. Jay Smith
NNP IV Cape River River, LLC
2528 Independence Boulevard, Suite 200
Wilmington, NC 28412
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 14, 2007
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 07 -1335
New Hanover County
Subject Property: Marina Village: River Road Property
Cape Fear River [030617, 18 -63, C, SW] Isolated Waters
Approval of Isolated Wetland General Permit with Additional Conditions
Dear Mr. Smith:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.45 acres of Isolated Wetland, as described in your application dated August
1, 2007, and received by the Division of Water Quality (DWQ) on August 3, 2007, with additional
information received from you on August 20, 2007, for the purpose of constructing mixed -use
development at the site. After reviewing your application, we have decided that the impacts are covered
by the State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). In
addition, you should obtain or otherwise comply with any other required fedeFal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and
Non - discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of IWGPIO0000
(September 30, 2008) or unless otherwise rescinded by the Director of the Division of Water
Quality.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or ISO linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
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
Amount Approved nits
Plan Location or Reference
Isolated Wetland
0.45 (acres)
PCN p a es 8 and 9 of 12
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919 - 733 -1786 / FAX [phone] / Internet: h„1 Ip•/ /h2o.enr.state.ne.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/] 0% Post Consumer Paper
E , i'

NNP IV Cape River River, LLC
Page 2 of 4
September 14, 2007
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre - Construction Notification. 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.
3. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
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;
5. 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 to ensure compliance with the
Isolated Wetland Rules;
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from
the 401/Wetlands Unit web site at http:/ /h2o.enr.state.nc.us /newetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project.

NNP N Cape River River, LLC
Page 3 of 4
September 14, 2007
7. Construction Stormwater Permit NCG010000
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 (NCG010000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self - monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http: //h2o. enr.state. nc. us/su/Forms Documents. htm.;
8. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of this
Certification, and the stormwater management plans shall be approved in writing by this
Office before the impacts specified in this Certification occur. You have the option of using
the Express Review Program for expedited approval of these plans. If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan. The stormwater
management plan must include plans, specifications, and worksheets for stormwater management
facilities that are appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual. These facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality. Also, before any
permanent building is occupied at the subject site, the facilities (as approved by this Office)
shall be constructed and operational, and the stormwater management plan (as approved
by this Office) shall be implemented. The structural stormwater practices as approved by this
Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water
Quality.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout
waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division
shall require that extended detention wetlands, bio-retention areas, and ponds followed by
forested filter strips (designed according to latest version of the NCDENR Stormwater Best
Management Practices Manual) be constructed as part of the stormwater management plan when
a site - specific stormwater management plan is required.
Where a Coastal State Stormwater Permit (in accordance with 15 A NCAC 2H.1000) is
required, this permit may be considered to meet this condition.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the.applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.

NNP IV Cape River River, LLC
Page 4 of 4
September 14, 2007
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under the Isolated Wetland Rules. If
you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919- 733 -178
Sin rely,
Coleen H. Sullins, Director
CHS/ijm
Enclosures: IWGP 100000
Certificate of Completion
cc: U.S. Army Corps of Engineers, Wilmington Regulatory Field Office, Wilmington District, USACOE
Joanne Steenhuis, DWQ, Wilmington Regional Office
DLR Wilmington Regional Office
Doug Huggett, DCM
Mike Street, P.O. Box 769, Morehead City, NC 27557
File Copy
Central Files
Kim Williams, LMG, P.O. Box 2522, Wilmington, NC 28402
Filename. 071335MarinaV illageRiverRoadProperty (NewHanover)I W

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW - 2007- 02319 -065 Quad: County: New Hanover County
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: NNP IV Cape Fear River Authorized Agent: Greg Finch
Address: c/o Jay Smith Land Management Group
228 North Front St. PO Box 2522
Wilmington, NC 28401 Wilmington, NC 28402
Telephone No.: 910 - 422 -2840
Telephone No.: 919 - 452 -0001
Size and location of property (water body, road namelnumber, town, etc): The site is located at River Road Property
on River Road, Wilmington NC. Tax Pin R07000- 006 -009 -0000. Latitude 34'1481, Longitude 77.9406.
Description of projects area and activity: Construction of two utility lines by means of directional bore under Mott
and Barnards Creek (four total bores) as described in the PCN dated 3- 12 -08. THIS AUTHORIZATION DOES
NOT AUTHORIZE ANY IMPACTS TO JURISDICTIONAL WETLANDS.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796 -7215.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals /permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Dave Timpy at 910 -251 -4634.
Corps Regulatory Official J, LI Date: 10 -28 -2008
Expiration Date of Verification: 10 -28 -2008
cf. Doug Huggett, NC Division of Coastal Management.
Page 1 of 5

Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued Action
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit bttp: / /www.saw.usace.g=.mil /WETLANDS /index.html to
complete the survey online.
Copy Furnished:
Page 2 of 5

Action ID Number: SAW -2007- 02319 -065
Permittee: NNP IV Cape Fear River
Date Permit Issued: 10 -28 -2008
Project Manager: Dave Timpy
County: New Hanover
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Page 3 of 5
Date

SPECIAL CONDITIONS
Action ID # SAW -2007- 02319 -065
1. The permittee shall not do the following without a minimum 45 day notification to the Corps illustrating the
location of the proposed activity and describing the type of activity proposed and equipment to be used (except
for brush cutting and staking for surveying work and any scientific or sampling work needed within wetland
areas).
a. Fill, grade, excavate or perform any other land disturbing activities;
b. Cut, mow, burn, remove, or harm any vegetation;
c. Construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or
towers, or any other permanent or temporary structures;
d. Drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area;
e. Dump or store soil, trash, or other waste;
f. Graze or water animals, or use for any agricultural or horticultural purpose.
These provisions relating to wetlands cannot be amended or modified without the express written consent of the
U.S. Army Corps of Engineers, Wilmington District.
Corps Regulatory Official:
ipau -e::� _-I*r_ -I Date: 10 -28 -2008
Page 5 of 5

Permit Class
MOD IF ICATIONPNE12NOR
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
3prrmft
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A -118
Excavation and/or filling pursuant to NCGS.113 -229
Pcrmit iYumbcr
92-07
issued to NNP -IV Cape Fear River, LLC, 2528 Independence Blvd., Suite 200, Wilmington, NC 28412
Authorizing development in New Hanover County at adi_ to the Cape Fear River, along River
Road. in Wilmington_ NQ , as requested in the petmittee's letter dated 1110! 8- juludil1g,ft
workplan drawings (5), all dated "Received Wilmingt(m 212110B."
This permit, issued on Ma 3.2009_ , is subject to complianec with the application (where consistent
with the permit), all applicable regulations. special conditions and notes sct forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Boardwalk Relocation
1) Unless specifically altered herein, this minor modificatica authorizes the relocation of the boardwalk
connecting the authorized docking facility and crab pier, all as expressly and specifically sct forth in the
attached letter and workplan drawings. No other saucture, whcther flr)uting or stationary, shall become
permanent pmt of this docking facility without further icview and perrait modification. No non -water
iependew. uses of stntcxtir, s shall be conducted on, in or over pi!biic trust waters without fu.rdier permit
modification
2) The re- alignment of the authorized boardwalk shall be located landward of tic normal high waterline.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittec or
other qualified persona within twenty (20) clays of die issuing
date. An appeal requires resolution prior to work initiation or
continuance as the cant may be.
Wi tvermit shall be accessi'ole on -site to Department
perwo:.ne: when the project is irnspe4ted for compliance.
Any maintenance work or project modifi:atien not em. zrzd
hereunder requires further Division appre,-a).
All work shall cease when the permit expires on
December 31, 2010
Signed by tre authority of the Secretary of VENR and ahc
C hainuaa of the Coastal Resources Commission.
Jwre's i.ei son, Director
. Division of Coastal Management
This permir and its conditions are herby accepted.
In issuing this permit. the state of Forth Carolina agrees ,
that your project is consistent with the North Carolina Coastal
Management Prig frzim. _ Signature of Pcrruuec

I•IHK-04-00M t",; _ o r rum: LAI'I I'OiIA. 1 i
YNP -IV Cape fear River, LLC
iu.
ADDITIONAL CONDITIONS .
Permit # 92-07
Page 2 of 2
3) All portions of the boardwalk located over Coastal Wetlands shall not exceed a width of 6 ft. and ;hall
be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking
In order to comply with this condition. any section of the pmrosed pier width expansion located over
Coastal Wetlands is not authorized and shall not exceed a width of 6 feet.
)(Directional Boring
4) Unless specifically altered herein, this minor modification authorizes the directional boring of the utility
lines, all as all as expressly and specifically Set forth to the attached letter and workplan drawings. Any
proposal to alter the location, method of installation, or alignment of the utility lines may require further
review and additional modification of this permit. Contact a division Representative at (910) 796 -7215
for this determination.
5) No Coastal Wetlands or open water areas-shall be excavated or filled during the installat,'.ou of the utility
lines.
General
6) This minor modification shall be attached to the original of Permit No. 92 -07, which was issued on
7/23/07 and copies of both documents shall be readily available on site when Division personnel inspect
the project for compliance.
7) All conditions and sripulations of the active permit remain in force under this minor modification, unles,
spccif"ically altered herein_
NO'I'L : This permit does not eliminate the need to obtain any additional state, federal o* local pe till
approvals or authorizations that may be required.

Apra 2, 2008
Jay B. Smith, Vice President of Operations
NNP -IV Cape Fear River, LLC
228 North Front Street, Suite 101
Wilmington, NC 28401
Subject: Stonnwater Permit No. SW8 080312
RiverLights Subdivision Phase 1A
High Density Subdivision Project
New Hanover County
Dear Mr. Smith:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and NaUwal Resources
Coleen H. Sullins Director
Division of Water Quality
oaw -ooc3 (4»�
The Wilmington Regional Office received a complete Stormwater Management Permit Application for
RiverLights Subdivision Phase 1A on April 2, 2008. Staff review of the plans and specifications has
determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title
15A NCAC 2H.1000. We are forwarding Permit No. SW8 080312, dated April 2, 2008, for the
construction of the project, Riven -ights Subdivision Phase 1A.
This permit shall be effective from the date of issuance until April 2, 2018, and shall be subject to the
conditions and limitations as specified therein. Please pay special attention to the Operation and
Maintenance requirements in this permit. Failure to establish an adequate system for operation and
maintenance of the stormwater management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this
permit This request must be in the form of a written petition, conforming to Chapter 1506 of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611 -7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Chris
Baker, r me at (910) 796 -7215.
S' rely,
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENBlcsb: S:1WG2S1STORMWATERIPERMIT1080312-apr08-
cc: Richard Collier, P.E., McKim and Creed-
New Hanover County Building. Inspections - -__ - -
City of Wilmington Development Services
New Hanover County Engineering
Division of Coastal Management
Chris-Baker-- - - - - -- - — - -
Wilmington Regional Office 1�o�ma
Central Files d)
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwaterqualrty.org Fax [phone]
An Equal OpportunitylAtfirmafiveAction Employer- 50%Reoy"10% Post ConsumerPaper

State Stormwater Management Systems
Permit No. SW8080312
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATEROfIACITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as - amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Jonathan B. Smith and NNP -IV Cape Fear River, LLC
RiverLights Subdivision Phase 1A
River Road, New Hanover County
FOR THE
construction, operation and maintenance of four (4) wet detention ponds and one (1)
infiltration basin in compliance with the provisions of 15A NCAC 2H .1000 (hereafter
referred to as the "stormwater rules `) and the approved stormwater management plans
and specifications and other supporting data as attached and on file with and approved
by the Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until April 2, 2018 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
descdbed_ira the.. application _and- other_supporting -data r
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.5 on page 3 and Section 1.6 on page 4 of this
permit. The subdivision is permitted for 211 lots, each allowed a maximum built-
upon area (BUA) as follows:
BUA
2800 sf
2900 sf
3100 sf
3400 sf
3600 sf
4000 sf
4123 sf
4700 sf
42, 45,
3-8,14-
48 -58,
..7fi�
-
93-102i--
's
Lot #s
44,
23, 46,
47, 67,
i65 -176,
'
80-83,
1, 9, 13,
2,12, 24-
188
150 -155,
177 -181,
59-75
87, 156_-
182 -187
84-86,
'
112 -134
4'1
189 -195,_
• -
-
164
68 -92,
-
199 -211
135 -149,
196 -198
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
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State Stormwater Management Systems
Permit No. SW8080312
4. This pond must be operated with a 30' vegetated filter.
5. The following design elements have been permitted for this wet detention pond
stonnwater-facility,-and.- must -be provided in. the. system at all times.
Design Criteria
Pond A
Pond C
Pond D
Pond E
a. Drainage Area, acres:
7.37 -
11.85
29.07
4.69
Onsite, fig
321,202
516,186
1,226,308
204,322
Offsite, fe
None
None
None
None
b. Total Impervious
Surfaces, 112
112,465
250,810
503,956
40,575
(1) Lots
53,345
149,946
279,462
18,000
(2) Roads/Parking
51,246
78,813
169,314
16,123
(3) Siditgk
7,874
22,051
55,180
6,452
c. Design Storm, Inches
1
1
1
1-
d. Pond Depth, feet
6
8
7
7
e. TSS removal efficiency
90
90
90
90
L Permanent Pool Elev,
FMM
7
16
10
10
g. Perm. Pool Surface Area,
Ri
19,381
21,740
58,454
11,884
h. Pennitted Storage
volume, fl?
9,767
21,503
43,075
6,541
L Temporary Storage Elev,
FMSI.
75
17.14
10.8
10.5
I Cordrolflrtg Orifice, -0
2
225
3
15
pipe
k. Permitted Forebq
Volume, tt3
12,206
16,528
45,057
7,228
L Receiving Sfream/River
Bamards Creek / Cape Fear
Basin
m. Stream Index Number
18-71
n. Classffiction of Water
SC
Body
o. Ma L fountain horsepower
1/4 1 /3 3/4 1/8
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-- - -- - - - -- -- - -- --
State Stormwater Management Systems
Permit No. SW8080312
1.6 The following design elements have been permitted for this infiltration basin
stormwater facility, and must be provided in the system at all times.
a. Drainage Area _acres: 1.7 _ .
Onsite, f' 73,896
Offsite, e: None
b. Total Impervious Surfaces, if:
Lots Y:
Roads/Parking, fe:
Other, fe: -
C.
d.
e.
f
9
h.
i
I•
k.
M.
n.
Basin Depth, feet:
Design Storm:
Bottom Elevation, FMSL:
Permitted Surface Area @Bottom, if:
Permitted Storage Volume, ft3:
Storage /Bypass Elevation, FMSL:
Type of Soil:
Expected Infiltration Rate, in/hr.
Time to Draw Down, hours:
Receiving Stream / River Basin:
Stream Index Number:
o. Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
8,128
734,700
169,314
55,180
2
1
7
1,926
5,597
9
Kureb
6.1
3.8
Barnards Creek / Cape Fear
18 -71
"SC"
1. No homeowner/lot owner /developer shall fill in, alter, or pipe, any drainage feature
(such °asswatel)—s -Wows onthes a prove pans as pa Fie sormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
- - - the entire lot does not exceed the maximum allowed by this permit. Once the lot
transfer is complete, the built -upon area may not -be- revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon
area limit is transferred to the individual-property-owner.
3. If-an Architectural ,Review Board or Commi##ee- is•required to- review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the Board-do not relieve the homeowner
of the responsibility Wmaintain compliance with -tbe peanitted BUA limit.
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_ State Stormwater Management Systems
Permit No. SW8080312
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
a. Any revision to the-approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
7. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specked in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
B. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
9. During construction, erosion shall be Kept -to a - minimum and any eroded areas of
the system will be repaired immediately.
10. Upon completion of construction, -prior to issuance of wCertifcate of Occupancy,
and prior to operaiion'of this permitted facil' ,ace ica ion mutt be receive —
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
11. if the stormwater system was used as an Erosion Control device-, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility. -- - -- - -" — - - - "" - -" -
12. , - Permanent- seeding - requirements- for-the-stormwater--control must - follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning 'and, Design Manual.
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State Stormwater Management Systems
Permit No. SW8080312
13. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must _b -eJollo- wedar-its- entiretyand maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping-
g. Access to all components of the system must be available at all. times.
14. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records'will indicate the date,
activity, name of person performing the work and what actions were taken.
15. This permit shall become voidable unless the facilities are constructed in
accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
16. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management, Permit Number SW8 080312, as issued
by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality. -
f. Fort maximum built -upon area per I o see e below. -I his a o e -
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right -of -way between the front lot line
and the edge of the pavement. Built upon area includes; but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include, raised, open wood decking, or the
water surface of swimming pools.
BUA
2800 sf
2900 sf
3100 sf
3400 sf
3600 sf
4000 sf
4123 sf "
4700 sf
48 -58,
93=102,
3 -8, 14-
47,17,
76 -79,
.150 -155,
• Lot-;Vs---
43, 44,_
'
„23, 46,
165 -176,
80-83, _
1-9-13,—
2.a2,2�
� 88� -'
_
27 =181,
59 -75
87,156-
182 -187
84-86,
112 -134
41
189 -195,
164
88-92,
199 -211
135 -149,
196 =198
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State Stormwater Management Systems
Permit No. SW8080312
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accompl fished_ thr -ough_pr-oviding. roof -drain gutters -which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
i. Built -upon area in excess of the permitted amount will require a permit
modification.
17. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp /signature of the Register of Deeds.
18. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
19: Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the deepest
part of the pond.
c. The failing water from the fountain must be centered in the pond, away from
the shoreline. >
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. See the stormwater pond table in section 1.5 on
page 3 of this document for the maximum pump power for a fountain in
these ponds. -
20. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
Ill. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change•.ownership; or there is a name change of the Permittee, a
"Name /Ownership Change Form" must be submitted to the Division of Water
Quality accompanied by appropriate documentation from the parties, involved.
- - This may include, but is not limited to, a deed trust, recorde�dc eed restrictions,
Designer's Certification and a signed Operation-and Maintenance plan. The
project"must be in good standing -with- DWQ— Th-e--zcpproval of this request will-be
considered on its merits and may or may not be approved.
..2. -- . The permittee is- responsible for compliance with-all-off 4he -ter - s and- conditions
of this permit until such time as the Director approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143- 215.6A to 143- 215.6C.
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State.Stonnwater Management Systems
Permit No. SW8080312
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or maifing`address
changes within 30 days.
9. A copy of the approved -plans and specifications shall be maintained-on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 2nd day of April.
NO CAROLINA IRONMENTAL MANAGEMENT COMMISSION
for Co en .Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 080312
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