20040047 Ver 6_Approval Letter_20180130

Wu ter Res�,,,)w ce-s
L N V 1 U 0 N W E, NI A L is J A L
January 30, 2018
AFTEW Properties, LLC
Attn: Dr. Arnold L. Sobol
2020 South Churchill Drive
Wilmington NC 28403
R 0 Y (J)01'1:1
MICHAI 1, S. RFGAN
t-INDAC"LJ1.1'III 1'4 It
DWR # 04-0047 v6
New Hanover County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions —
ZirsTATRWYA Mok
The Village at Mott's Landing
USAGE 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 30, 2018. This Certification replaces the Certification issued to you on January 16,
2013. Please note that you should get any other federal, state or local permits before
proceeding with the subject project, including those required by (but not limited to) Sediment
and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in General Statute 15013, by filing a written petition for an administrative
hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the CIAH at http://www.ncoah.com/ or by calling the CIAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
State ofNorIh Carolina EnvironnientalQuality i: Water Resources
1677 Mail St-.niue Cenler I Raleigh. Nomh Carolina 27699-1617
919 8076300

If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Village at Mobs Landing
DWR# 2004-0047 v6
January 30, 2018
Page 2 of 7
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Please contact Chad Coburn at 910-796-7379 or
chad.coburn@ncden_r.gov or me at [e-mail] if you have any questions or
concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: David Syster — SEGi (via [e-mail])
LISACE, Wilmington Regulatory Field Office
DWR WiRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 040047v6Wil I ageAt M otts Land i ng(N ewH a nover)_401—IC—MO D

Village atMotts Landing
DVVR#2004-0047vU
January J(l2Q18
Page 3 of 7
CERTIFICATION #3641 is issued in conformity with the requirements of Section 401, Public Laws
92-5O0and 95-Zl7ofthe United States and subject bJNorth Carolina's Regulations iml5NCAC
OIN.D5OOand 15ANCACO20.O20O,toAFTEVVProperties, LLC, who have authorization for the
impacts listed below, as described within your application received bythe N.[Division 0fWater
Resources /Qivisi0n\unSeptember 2O,2O12,byPublic Notice issued bythe U.3.Army Corps of
Engineers and received bythe Division unNovember 20,2OI2and September 22,2O17,and
modification request dated July 7,Z817and received bythe Division onDecember l,ZOI7with
subsequent information received December l5,2O17.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 3OI,302,383,3U6,3O7ofthe Public Laws 9I-50Oand PL95-2l7ifconducted hn
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions ofCertification:
Impacts Approved
The following additional impacts are hereby approved provided that all 8fthe conditions of
this Certification are met. Noother impacts are approved, including incidental impacts.
Type of Impact
Amount Approved
Permanent (units)
Amount Approved
Temporary (units)
Stream
125 (linear feet)
0 (linear feet)
Wetland
0.80 (acres)
0 (acres)
The following impacts were previously approved on January 16, 2013:
Type of Impact
Amount Approved
Permanent (units)
Amount Approved
Temporary (units)
404/401 Wetlands
1.39 (acres)
0 (acres)
2. Compensatory. M,it.igation
A total of 3.25 acres of wetland credits have been purchased from the NC Ecosystem
Enhancement Program (now Division of Mitigation Services) by receipt dated April 2U,2O86
to meet the mitigation requirement for previously approved wetland impacts. Because
mitigation paid for previously approved wetland impacts exceed the Division's requirement
for mitigation at a 1:1 ratio, no mitigation is required for the additional wetland impacts.

Viliage at Motts Landing
DVVR#2VD4<047w6
January 30,2018
Page 4 of 7
3. Stormwater Management Plan
A StVrrnvvater Management Plan (SMP) must be approved by the Wetlands, Buffers,
StOrnnvvGter—Cmrnp|iance and Permitting Unit Or if the project is subject to another State
storrnVvaterprDgrarn, a copy Vfthe approval letter and approved SMP must besubmitted to
this Office before any impacts authorized under this 401 Water Quality Certification may
4. 0Owaste, spoil, solids,orfillofanykindsha|loccurinvvetlands,vvatens,orhpahan@reas
beyond the footprint of the impacts depicted N the Pre -Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance ofsediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts Qfthis permit. [15AN[A[02H .8501 and .85021
5. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50feet ofthe
construction area on the project site shall be clearly marked (exarnp|e-orangefabhc
fencing) prior to any land disturbing activities and must be nn2imƒ8|ned on the property until
the project phasehsconnp|pted. [15AN[A[O2H.O585(b)(2\and (c)(Z) and 15/\NCACO2H
6. Sediment and Erosion Control
Erosion and sediment control practices must be infull compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. Vfapplicable, the project rnustconnp|yvviththe specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [I5AN[ACQ2H,O5,U6(6)(3\and /cV3\]:
a. Design, installation, operation, and maintenance ofthe sediment and erosion
control measures must besuch that they equal 8rexceed the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
K4anom/. The devices shall bemaintained onall construction sites, borrow sites, and
waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must bedesigned,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
o. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements ofthe Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair oferosion control

Village at K4olts Landing
DWR#2004-0�047vG
January 38,2018
Page 5of7
e. For SA, HQWwaters. The sediment and erosion control designs must comply with
the requirements set forth in 15A NCA[ 0413.0124 Design Standards inSensitive
7. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions tothis condition require application submittal to and written approval by the
Division. |fplacement Ofsediment and erosion control devices inwetlands and waters is,
unavoidable, then design and placement of temporary erosion control measures shall not
beconducted inamanner that may result indis-equiUibriurnofwetlands, stream beds, or
banks, adjacent tonrupstream and downstream ofthe above structures. All sediment and
erosion control devices shall beremoved and the natural grade restored within two (2)
months ofthe date that the Division of Energy, Mineral and Land Resources (DEK1LR)or
locally delegated program has released the specific area within the project, [15/\ NCAC 02H
.85OIand .Q5OZ]
8. Construction Stormwater Permit NCGO10000
An NPDESConstruction 5tOrnmvvaterPermit hSrequired for construction projects that disturb
one /l\ or more acnes of land. This Permit allows storrmvvatertn be discharged during land
disturbing construction activities asstipulated inthe conditions ofthe permit. If your
project is covered by this permit, full compliance with permit conditions including the
emQsion& sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements is required. Acopy Ofthe general permit
/N[GO1OOOO1,inspection log sheets, and other information may befound at:
. [15ANCACQ2H.O505/bV5\and
9. |fconcrete isused during the construction, then all necessary measures shall betaken to
prevent direct contact between uncured orcuring concrete and waters Ofthe state. Water
that inadvertently contacts uncured concrete shall not be discharged towaters ofthe state
due tothe potential for elevated pH and possible aquatic life/fish NUs. [15A N[AC 028 .0200]
10. Construction Plans
Any final construction plans for this project nnustincludeor[ef2nencetheappHcationand
plans approved bythe Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown mnthe construction plans.
11. Fueling, lubrication and general equipment maintenance should not take place within 5Ofeet
of3vvaterbudyorwetlands toprevent contamination 6vfuel and oils. [154NCAC82H.0506

ViHage at Motts Landing
DWR#2004QO47m5
January 3L\2O1D
Page 6of7
12. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids Orother potential toxic chemicals. |nthe event ofahydrocarbon
or chemical spill, the permitee/contractor shall immediately contact the Division of Water
Quality, between the hours 0f8 anmto5pmnalthe Wilmington Regional Office at
92O.79673O6and after hours and Onweekends call (800)858-Q368. Management ofsuch
spills shall comply with provisions ofthe North Carolina Oil Pollution and Hazardous
Substances Control Act. [15A NCA[ 02H .0506 /b\(5) and /cV3\, 15A NCA[02B .0280 (3)(R,
and GS 143 Article 21A]
13. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundohesinOrdertoas3ure
compliance for future wetland, water and buffer impact. These mechanisms Sh@U be put in
place atthe time ofrecording ofthe property, oroFindividual lots, whichever isappropriate.
Asample deed notification can bedownloaded from the 4D1 &8uferPermitting Branch
website at . The
text Ofthe sample deed notification may bemodified asappropriate tosuit t0this project.
Documentation ofdeed notifications shall be provided to the Division upon request. [15A
N[ACO2H.05OIand.U5O2]
I4.This Certification does not relieve the applicant of the responsibility tuobtain all other
required Federal, State, or Local approvals.
15,. Continuing Compliance
AFTEVVProperties, 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 and Federal
law. If the Division determines that such standards or laws are not being met (including the
failure tosustain 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. 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 NC/\CO2H .0504. Any new Drrevised conditions shall he 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 ofthe 4O4Permit for the project. F15ANCACO2B.D2ODl

Village at Motts Landing
DWR# 2004-0047 v6
January 30, 2018
Page 7 of 7
16. This approval is for the purpose and design described in your application and as described in
the Public Notice•'. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. if you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. if the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
17. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http://r)ortal,ncdenr,org/web/wq/swp,/wsZ40l/certsandpermits/apply/forms).
[15A NCAC 02H .0502(f)]
18. This certification grants permission to the Director, or an authorized representative of the
Director, upon the presentation of proper credentials, to enter the property during normal
business hours. [15A NCAC 02H .0502(e)]
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 CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H.0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 30th day of January 2018
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
3641