20060197 Ver 2_Individual_20130530

LMG
LAND MANAGEMENT GROUP nzc.
Environmental Consultants
May 24, 2013
TO: Ms. Karen Higgins
NC DENR Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
RE: Helmsdale at Landfall Subdivision
New Hanover County, NC
DWQ Project # 20060197
Dear Ms. Higgins:
oLe -C) Iq7 u3.
,V
On behalf of Helmdale Investors LLC, I have enclosed an 401 Water Quality
Certification application for the Helmsdale at Landfall subdivision, a 40.5 -acre tract located off
of Arboretum Drive in Wilmington, NC. In 2007, DWQ issued a 401 WQC for this project,
which authorized impacts to 0.181 acres of wetlands for several road crossings within the site.
The permit was renewed in 2010, but expired on December 31, 2012 prior to the installation of
the crossings. The applicant was unable to install costly infrastructure prior to the expiration date
because of the stagnant economy. However, lot sales have recently picked up and the applicant
would like to move forward with the project. Since the original permit was issued, the applicant
has constructed one road (Saddleworth Trail) through Phase 1 of the site, which did not require
any wetland impacts. No other work has occurred on the site and no changes to the site plan that
was previously authorized are proposed. In accordance with permit conditions, the applicant has
already paid into the NC EEP for the restoration of 0.25 acre of riparian wetlands. Remaining
wetlands have not yet been preserved but this will occur prior to any wetland disturbance.
The application form, project narrative, associated maps, and site plan, and application
fee are enclosed for your review. Please contact me if you have any questions. Thank you for
your assistance with this project.
ySinrely,
Willi ams
MAY ,
Z0�
Encl.
C: Mr. Robin Rose, Preston Development
Mr. Chad Coburn, DWQ
Ms. Emily Hughes, ACOE
Mr. Stephen Rynas, DCM
www.lmgroup.net • info @lmgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

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Ak�'LMG
LAND MANAGEMENT GROUP nic.
Environmental Consultants
May 24, 2013
TO: Ms. Emily Hughes
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
RE: Helmsdale at Landfall Subdivision
New Hanover County, NC
Action ID# SAW- 2005- 1184 -065
Dear Emily:
On behalf of Helmdale Investors LLC, I have enclosed an Individual Permit application
for the Helmsdale at Landfall subdivision, a 40.5 -acre tract located off of Arboretum Drive in
Wilmington, NC. In 2007, the ACOE issued an IP for this project, which authorized impacts to
0.181 acres of wetlands for several road crossings within the site. The permit was renewed in
2010, but expired on December 31, 2012 prior to the installation of the crossings. The applicant
was unable to install costly infrastructure prior to the expiration date because of the stagnant
economy. However, lot sales have recently picked up and the applicant would like to move
forward with the project. Since the original permit was issued, the applicant has constructed one
road (Saddleworth Trail) through Phase 1 of the site, which did not require any wetland impacts.
No other work has occurred on the site and no changes to the site plan that was previously
authorized are proposed. In accordance with permit conditions, the applicant has already paid
into the NC EEP for the restoration of 0.25 acre of riparian wetlands. Remaining wetlands have
not yet been preserved but this will occur prior to any wetland disturbance.
The application form, project narrative, associated maps, and site plan are enclosed for
your review. Please contact me if you have any questions. Thank you for your assistance with
this project.
Sincerely, -
W
im Williams
Encl.
C: Mr. Robin Rose, Preston Development
Mr. Chad Coburn, DWQ
Ms. Karen Higgins, DWQ
Mr. Stephen Rynas, DCM
www.lmgroup.net - info @lmgroup.net - Phone: [phone] - Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

LMG
LAND MANAGEMENT GROUP nic.
Environmental Consultants
May 24, 2013
TO: Stephen Rynas
Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
RE: Helmsdale at Landfall Subdivision; New Hanover County, NC
DCM Project # 20060010
Dear Stephen:
On behalf of Helmsdale Investors LLC, Land Management Group, Inc. requests concurrence from the
Division of Coastal Management of the applicant's consistency certification. The applicant proposes to construct a
residential subdivision named Helmsdale at Landfall, which is located off of Arboretum Drive in Wilmington, NC.
In 2007, Section 404/401 Permits were issued and DCM issued a CAMA Consistency Certification for this project,
which authorized impacts to 0.181 acres of wetlands for several road crossings within the site. The Individual
Permit was renewed in 2010, but expired on December 31, 2012 prior to the installation of the crossings. The
applicant was unable to install costly infrastructure prior to the expiration date because of the stagnant economy.
However, lot sales have recently picked up and the applicant would like to move forward with the project. Since the
original permit was issued, the applicant has constructed one road (Saddleworth Trail) through Phase 1 of the site,
which did not require any wetland impacts. No other work has occurred on the site and no changes to the site plan
that was previously authorized are proposed. In accordance with permit conditions, the applicant has already paid
into the NC EEP for the restoration of 0.25 acre of riparian wetlands. Remaining wetlands have not yet been
preserved but this will occur prior to any wetland disturbance.
We have reviewed the State's coastal program regulations (ie. 15A NCAC 07M) and the local Land Use
Plan for Wilmington/New Hanover County. The proposed project complies with the enforceable policies of North
Carolina's approved coastal management program and will be conducted in a manner consistent with such program.
Enclosed is a copy of the Project Narrative and the Individual Permit application, which describe this project's
compliance with the coastal program regulations, specifically avoidance and minimization of wetland impacts,
water quality protection, and mitigation. I have also enclosed 15 CDs of the complete application for distribution.
Please let me know if I can be of further assistance in this process. Thank you.
Sincerely, -
ILi.-
Wil 'amsjk'
Encl.
C: Mr. Robin Rose, Preston Development
Ms. Emily Hughes, ACOE
Mr. Chad Coburn, DWQ
Ms. Karen Higgins, DWQ
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

oLP •olgiVa-
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
Privacy Act Statement
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable
waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for
the purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application for a permit.
Disclosure; Disclosure of requested information is voluntary. If information is not provided however, the permit application cannot be processed nor
can a permit be issued
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPL. COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANTS NAME
8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not
Helmsdale Investors, LLC
required) Kim Williams
c/o Mr. Robin Rose
Environmental Consultant
Land Management Group, Inc.
6. APPLICANTS ADDRESS
9. AGENTS ADDRESS
Preston Development Company
Land Management Group, Inc.
100 Weston Estates Way
3805 Wrightsville Avenue; Suite 15
Cary, NC 27513
Wilmington, N.C. 28402
7. APPLICANTS PHONE NOS. W /AREA CODE
10. AGENTS PHONE NO. W /AREA CODE
a. Business (919) 481 -3000
(910) 452 -0001 (phone)
b. Fax [phone]
1 (910) 452 -0060 (fax)
11.
STATEMENT OF AUTHORIZATION
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application. SEE ATTACHED FORM I'
APPLICANTS SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE - Helmsdale at Landfall
13. NAME OF WATERBODY, IF KNOWN (if applicable)
UT of Howe Creek
15. LOCATION OF PROJECT
New Hanover North Carolina
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN
14. PROJECT STREET ADDRESS (f applicable)
Off of Arboretum Drive in the Landfall S/D
Wilmington, NC
Tax Parcels: R05100 -002- 145 -000; 1105100 -002 - 144 -000; R05100 -002- 143 -000; R05100 -002- 142 -000; R05100-
002- 141 -000; R05100 -002- 140 -000; R05100 -002- 139 -000; R05100 -002- 138 -000; R05100 -002- 137 -000; R05100-
002- 136 -000; R05100 -002- 135 -000; R05100 -002- 134 -000; R05100 -002- 133 -000; R05100 -002- 132 -000; R05100-
002- 131 -000; R05100 -002 -011 -000; R05105 -004 -001 -000
17. DIRECTIONS TO THE SITE

From Wilmington, take Military Cutoff Road into the Landfall Subdivision. Site will be on Arboretum Drive, on
right (see vicinity map).
18. NATURE OF ACTIVITY (Description of project, include all features) - The preferred project consists of constructing 48
lots within the property and building two roads; wetland fill for two road crossings and two driveway crossings will be
needed to provide access to uplands within subdivision. (See Project Narrative)
19. PROJECT PURPOSE (Describe the reason or purpose of the project) - To provide access to 48 lots within subdivision.
(See Project Narrative)
USE BLOCKS 20 -22 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE — To construct road access to lots within uplands. (See Project Narrative)
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS — Clean, compacted
sub -grade soil materials, clean ABC aggregate, pavement etc all above street reinforced concrete culverts at map
specified locations. See map for area in each location.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED
0.181 acres of 404 wetlands
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? yes IF YES, DESCRIBE THE COMPLETED WORK
One road has been constructed within Phase One of the site. No wetland impacts were needed for this road.
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY
(see attached sheet)
25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL
AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY
TYPE APPROVAL*
IDENTIFICATION NUMBER
DATE APPLIED DATE APPROVED DATE DENIED
USACE
Individual Permit
Action ID# 2005- 1184 -065
411812007; Renewal 12/1412010
NC DWQ
401 WQC
DWQ Project # 2006 -0197
112912007
NC DCM
CAMA Consistency
DCM# 20060010
215/2007
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the
information in this application is complete and accurate. I further certify that I possess the authority to undertake the work
described herein or am acting as the duly authorized agent of the applicant.
SIGNATURE OF APPLICANT
V.Z-VZ015
DATE
18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.

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 Helmsdale V_roj located in New Hanover County, NC. All questions in regards to this
ptoject should be directed to Land Management Group, Inc.
/ NA
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Print Name
s a I iz
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PROJECT NARRATIVE
May 2013
Helmsdale at Landfall
New Hanover County, NC
INTRODUCTION
Helmsdale Investors, LLC is proposing to construct Helmsdale at Landfall, which is located in
Wilmington, NC. This tract is landlocked except for access from roads within the existing Landfall
Subdivision. The only way to develop the site is to incorporate it into Landfall. The applicant plans to
build forty-eight lots within the site, which is located at the intersection of Arboretum Drive and South
Moorings Drive. Several wetland/stream fingers need to be crossed in order to gain access to uplands.
In 2007, the US Army Corps of Engineers issued an Individual Permit, the NC Division of
Water Quality issued a 401 Water Quality Certification, and the NC Division of Coastal Management
issued a CAMA Consistency Determination for 0.181 acres of wetland impacts needed for several road
crossings within the site. These permits were renewed in 2010, but expired on December 31, 2012
prior to the installation of the road crossings. The applicant was unable to install costly infrastructure
prior to the expiration date because of the stagnant economy. However, lot sales have recently picked
up and the applicant would like to move forward with the project. Since the original permit was issued,
the applicant has constructed one road (Saddleworth Trail) through Phase 1 of the site, which did not
require any wetland impacts. No other work has occurred on the site and no changes to the site plan
that was previously authorized are proposed. In accordance with permit conditions, the applicant has
already made a payment into the NC EEP. Remaining wetlands have not yet been preserved but this
will occur prior to any wetland disturbance.
EXISTING CONDITIONS
The 40.5 -acre project site is located in Wilmington, NC off of Arboretum Drive in New
Hanover County, NC (Figures 1 & 2). According to the New Hanover County Generalized Soil
Survey, the site consists of Johnston loam, Murville fine sand, Craven fine sandy loam, Onslow loamy
fine sand, Rains fine sandy loam, Kenansville fine sand, Seagate fine sand, and Torhunta loamy fine

sand soil types (Figure 3). Land use to the north and east of the tract is residential and consists of the
Landfall Subdivision. A forested area that has been dedicated as a conservation area by Landfall exists
south of the site (Figure 4). An unnamed tributary of Howe Creek forms the western property
boundary and several fingers of this creek extend across the tract, forming approximately 8.55 acres of
freshwater wetlands within the tract. Wetlands were delineated by Land Management Group, Inc. and
this line was approved by the US Army Corps of Engineers on February 10`x', 2006 (Action ID#
200501184; Appendix A). This approval has since expired. LMG has reevaluated the line and is
requesting a renewal of the jurisdictional determination. A complete JD package will be submitted to
your office shortly.
One road named Saddleworth Trail has been constructed off of Arboretum Drive. This road
will provide access to 15 lots in Phase One of the site. The rest of the site is undeveloped and forested.
Uplands support longleaf pine (Pinus palustris), red bay (Persea palustris), tulip poplar (Liriodendron
tulipifera), blueberry (Vaccinium crassifolium), and wiregrass (Aristida stricta). Wetlands within the
tract consist of fingers of the unnamed tributary of Howe Creek. The upper reaches support red maple
(Acer rubrum), ironwood (Carpinus caroliniana), loblolly pine (P. taeda) and wax myrtle (Myrica
cerifera), The creek along the western property boundary contains standing water and supports bald
cypress (Taxodium distichum) and black gum (Nyssa sylvatica) trees.
The presence of any plant or animal species is determined by the availability and abundance of
suitable habitat. Habitat with the potential for supporting federally listed threatened or endangered
species was identified by reviewing natural resource databases, aerial photographs, soils maps, and
topographic maps of the property and by walking throughout the project area. A search of the North
Carolina Natural Heritage Program database was conducted to determine whether any state or federally
listed rare species have previously been observed within or near the project area. This search found no
known record of rare species within the project site, but located four records within a one -mile radius
of the site. Two rare plants were observed approximately 1000 feet southwest of the site. The snowy
orchid (Platanthera nivea; state- listed Threatened) was observed in 1989 and the twisted -leaf
goldenrod (Solidago tortifolia; state - listed Significantly Rare) was observed in 1964. Two rare animals
were also observed. The chicken turtle (Deirochelys reticularia; state- listed Significantly Rare) was
noted approximately one mile south of the site and the Carolina diamondback terrapin (Malaclemys
terrapin centrata; state- listed Species of Concern) was observed one mile east of the site.
PA

Uplands within the tract are forested and contain some fairly large loblolly pine trees. However,
the uplands are densely vegetated and do not contain appropriate habitat for the red - cockaded
woodpecker, which requires large stands of mature pine trees in which to nest and forage. Wetlands
within the tract are thickly vegetated and would not support rare plant species, such as Cooley's
meadowrue, golden sedge, and rough -leaf loosestrife. Although the western property boundary consists
of a tributary to Howe Creek, this feature is fairly small and would not provide suitable habitat for the
American alligator, the shortnose sturgeon, or the Atlantic sturgeon.
Table 1. Federally- listed endangered and threatened species known to occur in New Hanover County, NC,
excluding coastal and marine species.
Common Name
Scientific Name
Status
Animals
American alligator
Alligator mississi iensis
T S/A
Atlantic sturgeon
Aci enser oxyrinchus oxyrinchus
E
Red - cockaded woodpecker
Picoides borealis
E
Shortnose sturgeon
Aci enser brevirostrum
E
Plants
Coole 's meadowrue
Thalictrum coole i
E
Golden sedge*
Carex lutea
E
Rough-leaf loosestrife
L simachia as erulae olia
E
KEY:
Status Definition
Endangered A taxon "in danger of extinction throughout all or a significant portion of its range."
Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
T(S /A) Threatened due to similarity of appearance - a species that is threatened due to
similarity of appearance with other rare species and is listed for its protection.
* The species is considered likely to occur in this county based on the proximity of
known records (in adjacent counties), the presence of potentially suitable habitat, or
both.
Based on comments received from the State Historic Preservation Office during the initial
Individual Permit application process, the applicant hired Environmental Services Inc. to perform a
cultural resources investigation of the site. Four new sites were recorded based on this investigation.
These sites were not considered eligible for the National Register and no further work was
recommended.
3

ALTERNATIVES ANALYSIS
The alternatives evaluated include a no- action alternative, one off -site alternative, on -site
alternative site layouts, and the preferred project.
No- Action Alternative
The no- action alternative would keep the site in its current condition with only one road in
Phase One. The no- action alternative is not considered feasible for several reasons. It would leave
approximately 40.5 acres of land undeveloped. This would cost the current owner of the tract
approximately $4,000,000 in potential revenue. Without annexing the tract into Landfall, the tract
would be unbuildable since there are no other ways to access the site. The inability to expand
development within this tract of land would be a significant loss of return for the applicant and a loss
of upscale housing for the community.
Alternate Sites
The proposed project would become an expansion of the existing Landfall Subdivision.
According to its regulations, Landfall can only annex those tracts of land that have their sole access
from Landfall. Based on these rules, the off -site alternatives evaluated were adjacent, undeveloped
tracts without alternate access. Only one tract meeting these criteria was located.
Graham Faun Tracts
These three tracts encompass 26.02 acres and are located on the north side of
Arboretum Drive, west of Pembroke Jones Lake (Figure 5). The tracts currently contain one
residence and farm land. Wetlands likely exist on the northern part of the property, where
Howe Creek forms the border. Landfall has attempted to purchase the tract from its owners,
Adair and Louise Graham, but they are not willing to sell. Therefore, the development of this
site by Landfall is not considered a feasible alternative.
On -site Alternatives
Two on -site alternatives were evaluated. The first option is an alternate roadway pattern that
would stop before crossing any wetlands. The second is developing uplands within the entire site by
bridging all of the wetland crossings.
n
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1. Alternate Roadway Pattern
An alternate roadway pattern was evaluated in which wetlands were not crossed (Figure 6).
This site plan allows the development of thirty-two lots. A short cul -de -sac off of Arboretum Drive
would provide access to lots #1 through #17 and the existing Arboretum Drive would provide
access to lots # 18 through #32. In addition, one very large lot ( #8) would be entered from South
Moorings Drive. This alternative would develop sixteen fewer lots than the preferred alternative,
which would be a significant loss of revenue. Because of this financial loss, this site plan is not
considered a viable alternative.
2. Bridging Wetlands
The applicant evaluated the potential to develop forty-eight lots within the site and cross
wetlands by constructing bridges. In general, bridges are not considered to be a wetland impact by
the Corps and DWQ and could provide a mechanism to avoid wetland and stream impacts within
the tract. Four bridges would need to be constructed to NC DOT standards, which would cost
approximately $1,000,000 total. In addition, two smaller bridges would be needed for driveway
crossings in Lots #10 and #18, which would cost approximately $250,000. Because of this cost,
this option is not economically feasible.
3. Culvert All Wetland Crossings
The original site plan submitted during the first IP application process in 2006 requested six
wetland/stream crossings, which would have impacted 0.295 acres of wetlands and 72 linear feet of
stream (Figure 7). Although this alternative would have been much more cost effective for the
applicant, the environmental impacts were determined to be too great. The applicant was able to
revise the site plan to incorporate bridges and reduce impacts (preferred project below).
Preferred Project
The preferred project consists of completing the originally approved site plan that proposed
forty-eight lots within the property and two roads (Figures 8). One road would be a narrow private
drive that would parallel Arboretum Drive and provide access to Lots #1 through #15. This road has
already been constructed. The other road would extend from Arboretum Drive to South Moorings
Drive and provide access to Lots #16 through #48. This road would require crossing four wetland
fingers, one of which is a stream as well (Figures 9 -11). Two bridges will be installed to minimize
E

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wetland impacts and avoid stream impacts completely (Figures 12). Utilities would also be extended
into this area, within the 50' -wide road right -of -way. Additionally, two narrow driveway crossings
would be needed within Lots #34 and #47.
POTENTIAL ENVIRONMENTAL IMPACTS
The proposed project would impact 0.181 acre of 404 wetlands (Figures 10 & 11). Secondary
impacts to wetlands and water quality could occur during and after construction of the project through
erosion and stormwater runoff. However, these potential impacts will be minimized by the
development and implementation of a Stormwater Plan and a Sedimentation and Erosion Control Plan.
These plans will reduce the potential for erosion or runoff into wetlands and other water bodies located
off site.
It should be noted that a total of 83.5 acres of wetland disturbance has already occurred within
the greater Landfall Subdivision. These impacts have been permitted by the U.S. Army Corps of
Engineers, Division of Water Quality, and Division of Coastal Management and the required
mitigation has been completed.
MITIGATION
To mitigate for proposed wetland impacts, the applicant was required to buy into the NC
Ecosystem Enhancement Program for the restoration of 0.25 acre of riparian wetlands. This payment
has already been made (Appendix B). In addition, restrictive covenants will be recorded on all
remaining wetlands and a small upland buffer within this tract to prohibit any wetland fill beyond what
is being requested here. This will protect approximately 8.25 acres of wetlands and 0.176 acre of
uplands. Finally, approximately 38 acres of wetlands within Landfall will be placed into preservation.
The draft preservation documents are located in Appendix B.
Z

LIST OF FIGURES & APPENDICES
Helmsdale at Landfall
New Hanover County, NC
Figure 1
Vicinity Map
Figure 2
Topographic Map
Figure 3
SCS Soils Map
Figure 4
Aerial Photograph
Figure 5
Off -Site Alternative: Graham Farm Tract
Figure 6
On -Site Alternative #1: Alternate Roadway Pattern
Figure 7
On -Site Alternative #3: Culvert all Wetland/Stream Crossings
Figure 8
Preferred Project Site Plan
Figure 9
Proposed Wetland Impacts #1 & #2
Figure 10
Proposed Wetland Impacts #3 & #4
Figure 11
Typical Cross Section of Road Crossing
Figure 12
Typical Cross Section of Bridge
Appendix A. Expired Wetland Survey and Jurisdictional Determination
Appendix B. EEP Receipt & Draft Preservation Documents
Appendix C. Previous Section 404/401 Permits
Appendix D. Adjacent Property Owners

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Land Management Group, Inc.
Helmsdale at Landfall Environmental Consultants
New Hanover County, NC Wilmington, N.C. Figure 1. Vicinity Map
May 2013
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Land Management Group, Inc.
Helmsdale at Landfall Environmental Consultants
New Hanover County, NC Wilmington, N.C. Figure 1. Vicinity Map
May 2013

Site Boundary
Map Source: USGS Topographic Quadrangle, Wrightsville Beach
SCALE V = 1000'
Land Management Group, Inc.
Helmsdale at Landfall Environmental Consultants
New Hanover County, NC Wilmington, N.C. Figure 2. Topographic Map
May 2013

M
Site Boundary
Map Source: New Hanover County soil survey SCALE 1" = 1000'
Land Management Group, Inc.
Helmsdale at Landfall Environmental Consultants
New Hanover County, NC Wilmington, N.C. Figure 3. Soils Map
May 2013

Map Source: 2010 NAPP Aerial Photography.
Land Management Group, Inc.
Helmsdale at Landfall Environmental Consultants
New Hanover County, NC Wilmington, N.C.
May 2013
SCALE V = 500'
Figure 4.
Aerial photograph of site.

Map Source: New Hanover County GIS
Land Management Group, Inc.
Helmsdale at Landfall Environmental Consultants
New Hanover County, NC Wilmington, N.C.
May 2013
SCALE 1" = 1000'
Figure 5.
Off site alternative:
Graham Farm Tract

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Figure 6. On-Site Alternative #1: Alternate Roadway Pattern

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22.717 S.F. AREA • \ s
- - 1
— 404 WETLANDS (9.13 acres)
— PROPOSED WETLAND IMPACTS (0.181 acre) Helmsdale at Landfall
® — PROPOSED UPLAND BUFFER (0.176 acre) Figure 8. Site plan showing proposed
® — PROPOSED BRIDGE (No wetland /stream impacts) 200 100 0 200 400 wetland impacts.
SCALE: 1"=200' Withers & Ravenel
May 2013 Land Management Group. Inc.

31
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292230 S
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-TOTAL PROPOSED
WETLANDS FlLL AREA
SCALE: 1 " =50'
y y 1
T-- y I
42
28, 993 S. F
It #1 •
I
Helmsdale at Landfall
Figure 9. Proposed Wetland Impacts #1 & #2
Withers & Ravenel I
January 2006; revised December 2006 1
I Land Management Group, Inc.

4J5
y y'
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((TOTAL - 9.13 AC.*)
TOTAL PROPOSED
WETLANDS FILL AREA
IV y �V
y y y y
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00 sf; 0 0 1 ac)
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Figure 10. Proposed Wetland Impacts #3 & #4
January 2006, revised May 2006 Withers & Ravenel
and December 2006 [Land Management Group, Inc.
•V
L(
y
.V
y W
y y
y y
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Helmsdale at Landfall
Figure 10. Proposed Wetland Impacts #3 & #4
January 2006, revised May 2006 Withers & Ravenel
and December 2006 [Land Management Group, Inc.

Preliminary; Not for Construction 0+00 1+00
Prepared by Withers and Ravenel
it.
35
30
Figure 11.
Cross section of road crossing with culvE
25
G R AD E
20
85-48"
CULVERT
15
L A I LI w�j
10
Uj
. . ..........
. ........ . .... ....... .
t
Preliminary; Not for Construction 0+00 1+00
Prepared by Withers and Ravenel
it.

CAPSTONE
A I ._
STYLE
STEADFAST BRIDGES
A CONTECH COMPANY
4021 GAUL? AVENUE FORT PAYNE, AL 35967 -8139
1- 866- 294 -9767
TYPICAL ELEVATION OF BRIDGE
N.T.S.
NOTE:
PRELIMINARY USE ONLY;
SUBJECT TO CHANGE WITH
FINAL DESIGN.
Land Management Group, Inc.
Helmsdale at Landfall Environmental Consultants Figure 12. Typical cross section
New Hanover County, NC Wilmington, N.C. of proposed bridge.
May 2013

APPENDIX A.
Expired Wetland Survey and Jurisdictional Determination

4-
if
" U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
l
Action Id. 200501184 County: New Hanover U.S.G.S. Quad: Wrightsville Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner /Agent: Raiford G. Trask, Jr.
Address: 1202 Eastwood Road
Wilmington, NC 28403
Telephone No.:
Property description:
Size (acres) 40.42 Nearest Town Wilmington
Nearest Waterway UT to Howe Creek River Basin Atlantic Intracoastal Waterway
USGS HUC 03030001 Coordinates N 34.2493 W 77.8209
Location description The three tracts are located at 701 and 705 Old McCumber Station Road and 558 Arboretum
Drive, in the Landfall community, in wetlands adjacent to an unnamed tributary to Howe Creek. in Wilmington NC
Indicate Which of the Following Auuly:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property 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.
X There are waters of the U.S. including wetlands on the above described property 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.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 2/10/2006. 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.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (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.
Page 1 of 2

l
Action ID: o?oo 5 011 $y
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 395 -3900 to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Jennifer Frye at 910 - 2514923.
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual and is adiacent to an
unnamed tributary to Howe Creek, a tributary to the Atlantic Intracoastal Waterway, a navigable Water of the U.S.
This site also contains waterbodies that exhibit an ordinary high water mark as evidenced by defined bed/banks,
changes in soil characteristics, and the absence of terrestrial vegetation and are tributaries to Howe Creek. This
determination is based on information submitted by LMG, Inc. and site visits by Ronnie Smith on 8/29/2005 and
Jennifer Frye on 11/23/2005.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this
determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Following
address:
Mr. Michael F. Bell, Administrati ve Appeal Review Officer
CESAD- ET -CO -R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303 -8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 4/10/2006.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. **
Corps Regulatory Official:
Date 02/10/2006 Expiration Date 02/10/2011
Copy furnished:
LMG, Inc., PO Box 2522, Wilmington, NC 28402
Noelle Lutheran, DENR -DWQ, WiRO 127 Cardinal Drive Ext, Wilmington, NC 28405
Page 2 of 2

IRACT JA
PJOa PAR\ 1 I I / LEGENO
T1 1,WAP BOOR 17 PA. 61,
O a EXISTING IRON
O - EXISTING CONCRETE MONUMENT
�� ♦ . _ p e EXISTING AXLE
4. \ //
NiWAM TONLES '�
BOO( 74 PAGE 74 I I .. •� :. / > ` s
I'
7RACr3 �, VI& C2
I ' I r V.= sTnRwm
It
a,
N
K.
It
1 ,ffi
\ 'THIS C€RTIMES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE
\ BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT
AS \ CHANGE RIN I THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION
OF \ TO EXCEED FIVE YEARS (FROM THIS DATE. E THIS DETERMINATION EWAS MADE T
\ UTILIONO THE 1987 CORPS OF ENGINEERS WETLANDS DEUNEA71N MANUAL'
\\ (NAMFJ
(DATE) $11e1ie0(f
(AID,) a— ro/t8Y
If 1��0
/ If ll
TOTAL TRACT AREA - 40.42 ACt
UPLAND - 18.54 AC
UPLAND a 0.37 AC
©
Na'ITo ie
UPLAND - 1.68 AC
1
J III �
•..
II
I
�
III
III
O
I I
REWDA r 7RA T
I I MAP BOOK 44, PAGE 190
I I
It
a,
N
K.
It
1 ,ffi
\ 'THIS C€RTIMES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE
\ BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT
AS \ CHANGE RIN I THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION
OF \ TO EXCEED FIVE YEARS (FROM THIS DATE. E THIS DETERMINATION EWAS MADE T
\ UTILIONO THE 1987 CORPS OF ENGINEERS WETLANDS DEUNEA71N MANUAL'
\\ (NAMFJ
(DATE) $11e1ie0(f
(AID,) a— ro/t8Y
If 1��0
/ If ll
TOTAL TRACT AREA - 40.42 ACt
® WETLAND - 6.18 AC
® WETLAND — 2.43 AC
404 JUR/501CRONTAL DOUNDARYMAP
BL Uf7- HfN7-HAL TRACT
AS RECORDED IN DEED BOOK 686, PAGE 221, DEED BOOK 783, PAGE 17
THE NEW HANOVER COUNTY REGISTRY.
CITY OF WLMINGTON WILMINGTON TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA
SCALE: 1'- 300' JULY 19, 2005
P17e (UPDJANUARY E NU kQ wow)
PRELIMINARY 94MORD G. TRA5K JR. A�
NOT FOR RECORDA710N, 1202 P.A97WOOD ROAD
CONVEYANCES OR SALES WWIA6 0M,, NC28409
PURPOSES �1rtOL1A/',
n n . PRGPARW BY �• GP ...... A N•'-
ARNOLD W. CARSON, f
40C NORTH rN /RD 977tf2T
W I M/NGiOA; NC 28401
PNQVG• (9/01772 -9/ /9
PAX.• (910) 772-9/28
I BLUETHENTHAL -404 SHEET 1 OF' 4 '
n
UPLAND - 18.54 AC
UPLAND a 0.37 AC
©
UPLAND - 11.25 AC
UPLAND - 1.68 AC
® WETLAND - 6.18 AC
® WETLAND — 2.43 AC
404 JUR/501CRONTAL DOUNDARYMAP
BL Uf7- HfN7-HAL TRACT
AS RECORDED IN DEED BOOK 686, PAGE 221, DEED BOOK 783, PAGE 17
THE NEW HANOVER COUNTY REGISTRY.
CITY OF WLMINGTON WILMINGTON TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA
SCALE: 1'- 300' JULY 19, 2005
P17e (UPDJANUARY E NU kQ wow)
PRELIMINARY 94MORD G. TRA5K JR. A�
NOT FOR RECORDA710N, 1202 P.A97WOOD ROAD
CONVEYANCES OR SALES WWIA6 0M,, NC28409
PURPOSES �1rtOL1A/',
n n . PRGPARW BY �• GP ...... A N•'-
ARNOLD W. CARSON, f
40C NORTH rN /RD 977tf2T
W I M/NGiOA; NC 28401
PNQVG• (9/01772 -9/ /9
PAX.• (910) 772-9/28
I BLUETHENTHAL -404 SHEET 1 OF' 4 '
n

APPENDIX B.
EEP Receipt & Draft Preservation Documents

rA;j
,'..Eoos tem ,.
;1 <4 1-L k " i 1.
PROGRAM '
June 14,2007
Tim Smith
Helmsdale Investors, LLC
100 Weston Estates Way
Cary, NC 27513
Project:
Helmsdale at Landfall
County:
New Hanover
DWQ#:
2006 -0197
COE#:
2005 -1184 -065
EEP #:
IOLF- 20064562
Amount Paid:
$6,961.75
Check Number:
1035
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 /CAMA Permit(s) issued for the above
referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with the authorized
activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other
state, federal or local government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and
Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin
Stream Credits
Wetland Credits
Buffer I &!I
CU
(linear feet)
(acres)
(Sq. Ft.)
Cold
Cool
Warm
Riparian
Non-Riparian
Coastal Marsh
White Oak
0
0
0
0.181
0
0
0
03030001
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is
received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting
agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information,
please contact Kelly Williams at (919) 716 -1921.
Sincerely,
"r Y' William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands /401 Unit
Jennifer Frye, USACE - Wilmington , Thelma Hemmingway, USACE - Wilmington
Noelle Lutheran, DWQ- Wilmington
Doug Huggett, NCDCM, Morehead City
Kim Williams, agent
File

Li
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I
DECLARATION OF PROTECTIVE COVENANTS
FOR HELMSDATE AT LANDFALL
THIS DECLARATION OF PROTECTIVE COVENANTS FOR HELMSDALE is
dated for reference only this day of , 2006, and
is made by Helmsdale at Landfall LLC, a North. Carolina Limited
Liability Company, hereinafter referred to as Declarant.
OVERVIEW _
Helmsdale at Landfall LLC ( "Declarant ") owns that property
located in the City of Wilmington, New Hanover County, North
Carolina, more fully described on Exhibit A attached hereto (the
"Property "), which property is referred to as Helmsdale, and which
property is within the community of Landfall. Declarant has caused
the property to be subdivided into home sites, as shown on the plats
referenced on Exhibit A, and has procured the necessary permits and
authorizations to construct the improvements required by the'City of
Wilmington to allow sale to third parties of said home sites.
In order to procure approvals and permits from the State of
North Carolina and the United States Corps of Engineers necessary to
improve the Property, Declarant is required to restrict the use of
certain portions of the Property. The purpose of this Declaration
is to impose the required restrictions on the Property.
In order to maintain the desirability and value of all of the
properties within Helmsdale, and to administer its Common Elements,
Declarant has chartered a North Carolina non - profit corporation,
named Helmsdale Association, Inc (the "Association "). The
Association shall have as one of its duties and obligations the
enforcement of the condtions and restrictions contained herein.
It is the desire and intention of Declarant, for its benefit
and for the benefit of the owner of each home site within Helmsdale,
and with the objective of preserving the value of each such home
site, to subject all properties within Helmdale described as
restsricted on Exhibit A, to the terms, provisions and conditions of
this Declaration.
COVENANTS AND RESTRICTIONS
ARTICLE ONE
Subject Property
Encumbered Property. The real estate described as restricted
on Exhibit A attached hereto is hereby made subject to the terms,
provisions and conditions of this Declaration, effective as of the

2
date of recordation of this Declaration. None of the rest of the
Property is hereby made subject to this Declaration.
ARTICLE TWO
Restrictions on Use
Restrictions on Use. The real estate made subject to this
Declaration is hereby made specifically subject to the following:
The areas conveyed shall be maintained in perpetuity in their
natural condition. No person or entity shall perform any of the
following activities on any of the conveyed properties:
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;
e) dump or store soil, trash, or other waste; or
f) graze or water animals, or use for any agricultural or
horticultural purpose.
ARTICLE THREE
Enforcement
Enforcement. This covenant is intended to ensure continued
compliance with the mitigation condition of a Clean Water Act
authorization issued by the United State of America, U.S. Army Corps
of Engineers, Wilmington District, Action ID no. 200501184 and
therefore may be enforced by the United States of America.
Furthermore, this covenant may be enforced by the State of North
Carolina, as its preservation is required by authorization granted
by the State under DWQ Project # 2006 -0197. This covenant shall run
with the land, and shall be binding on the Grantee, and all parties
claiming under it.to any third party by Declarant. This absolute
right of annexation shall expire upon the expiration of -all Special
Declarant Rights; thereafter, annexation will require consent of-the
Executive Board of the Association. These restrictions may also be
enforced by the Association.
Binding Effect. All restrictions contained herein shall be
binding upon the owner of the lands encumbered hereby, and its
heirs, successors.

3
ARTICLE FOUR
Arnc"fq"=T% -c
Restriction on Amendments. No amendment of this Declaration
of Covenants may be made without the written consent of the United
States of America, Army Corps of Engineers, and the State of North
Carolina, Division of Water Quality. This Declaration of Covenants
may be amended by the Association, acting through its Board of
Directors, upon consent of said governmental entities.
ARTICLE FIVE
Other and Further Covenants
Further Covenants. The Declarant shall have full right and
authority to - impose additional restrictions on the use of the
Property, which restrictions shall be fully binding on all of the
owners of home sites within Helmsdale, but such other and further
restrictions shall in no way alter the restrictions contained in
this instrument.
IN WITNESS WHEREOF the undersigned has executed this instrument
under authority duly given as of the day and year above written.
By:
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
HELMSDALE AT LANDFALL LLC
KENNETH M. KIRKMAN, MANAGER
I, , a Notary Public of the aforesaid
County and State, do hereby certify that Kenneth M. Kirkman,
personally came before me this day and acknowledged that he is
member /manager of Helmsdale at Landfall LLC, a North Carolina Limited
Liability Company and further acknowledged the due execution of the
foregoing instrument on behalf of the Limited Liability Company.
Witness my hand and notarial seal, this day of
2006.

My Commission Expires:
4
EXHIBIT A
PROPERTY DESCRIPTION
NOTARY PUBLIC
The property restricted is all of those properties denoted
"Conservation Area" on that plat or survey prepared by Withers and
Ravenel, Engineers, recorded in Slide Cabinet , slides
The entire Helmsdale subdivision is all of the
property shown on said plats.

NORTH CAROLINA GENERAL VViRRANTY DEED
Parcel number : Verified by New Hanover County on the _day
of , 2006, by
Mail /box to:
Prepared by Kenneth Kirkman, PMB 342, 4915 -J Arendell St Morehead City
Brief Description: 37.61 acres adjacent to Saybrook, Landfall
THIS DEED, made and entered into this day of 2006,
by and between:
LANDFALL ASSOCIATES, LLC, a NC limited liability company
hereinafter, referred to as Grantor, and:
Landfall Council of Associations, Inc., a North Carolina non-
profit corporation, referred to as Grantee, whose address is:
hereinafter, whether one or more persons, referred to as Grantee. The
designation Grantor and Grantee as used herein shall include said
parties, their heirs, successors and assigns, and shall include singular,
plural, masculine, feminine or neuter as required by context.
W I T N E S S E T H:
THAT the Grantor, for a valuable consideration paid by the Grantee, the
receipt of which is hereby acknowledged, has and by these presents does
hereby grant, bargain, sell, and convey unto the Grantee in fee simple,
all those certain parcels of land situate in the COUNTY OF NEW HANOVER,
WILMINGTON TOWNSHIP, STATE OF NORTH CAROLINA, and more particularly
described on Exhibit A attached hereto.
This conveyance is made subject to the following conditions and
restrictions:
The areas conveyed shall be maintained in perpetuity in their
natural condition. No person or entity shall perform any of the
following activities on any of the conveyed properties:
a) fill, grade, excavate or perform any other land disturbing

2
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;
e) dump or store soil, trash, or other waste; or
f) graze or water animals, or use for any agricultural or
horticultural purpose.
This covenant is intended to ensure continued compliance with the
mitigation condition of a Clean Water Act authorization issued by the
United State of America, U.S. Army Corps of Engineers, Wilmington
District, Action ID no. 200501184 and therefore may be enforced by the
United States of America. Furthermore, this covenant may be enforced by
the State of North Carolina, as its preservation is required by
authorization granted by the State under DWQ Project # 2006 -0197. This
covenant shall run with the land, and shall be binding on the Grantee,
and all parties claiming under it.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all
privileges and appurtenances thereunto belonging to the Grantee in fee
simple.
And the Grantor does covenant that it is seized of said premises in
fee simple, has the right to convey the same in fee simple, that title is
marketable and free and clear of all encumbrances, and that Grantor will
warrant and defend the title against the lawful claims of all persons
whomsoever, other than the following exceptions:
(1) All riparian, littoral or other public or public trust rights,
including rights of usage, to any of the lands conveyed, as the same may
exist by operation of law.
(2) Any and all restrictions imposed by any governmental agency that
limit or impact the use of the lands conveyed.
IN TESTIMONY WHEREOF, the Grantor has hereunto executed this Deed by
authorized signature of its manager, under seal, as of the day and year
first above written.
LANDFALL ASSOCIATES, LLC
By: (SEAL)
MANAGER

. r
' 3
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
I, , a Notary Public of the aforesaid State
and County, do hereby certify that KENNETH M. KIRKMAN, Manager of
CAROLINA CREEK LLC personally appeared before me this day and
acknowledged the due execution of the foregoing Deed of Conveyance.
Witness my hand and notarial seal this day of , 2006.
My Commission Expires:
Notary Public

a . .
4
EXHIBIT A
PROPERTY DESCRIPTION
Parcel 1: Being all of that property described as tax parcel number
R05105- 006 -001, New Hanover County, and consisting of approximately 8.34
acres, lying immediately east of Saybrook Village, as shown on that plat
recorded in slide cabinet 40. page 259, New Hanover County Registry, and
bounded on the east and south by the Adair Graham property, more fully
shown on that plat recorded in slide cabinet 27, page 142 and in deed
book 1389, page 0380, both New Hanover County Registry. See plat
recorded in slide cabinet 28, page 10, for reference as to the property
herein conveyed.
Parcel 2: Being all of that property described as tax parcel number
R05100- 002 -016, New Hanover County, and consisting of approximately 29.27
acres,
Lying immediately north of that property known as Block 23, Landfall
Subdivision II, Landfall, as such property is shown on that plat recorded
in slide cabinet 28, page 15, New Hanover County Registry.

APPENDIX C.
Previous Section 404/401 Permits

REPLY TO
ATTENTION OF
Regulatory Division
Action ID: 2005 -01184
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
Helmsdale Investors, LLC
Attn: Mr. Thad Moore
Preston Development Company
100 Weston Estates Way
Cary, North Carolina 27513
Dear Mr. Moore:
December 14, 2010
os ?R✓ P
Please reference your agent's November 1, 2010 request for a time extension of our
April 26, 2007 Department of the Army authorization to discharge fill material into 0.181 acre of
riparian wetlands adjacent to an upper tributary to Howe Creek. These impacts are associated
with the construction of the Helmsdale at Landfall residential development, located off
Arboretum Drive in the Landfall community, in Wilmington, New Hanover County, North
Carolina. Specifically, you are requesting to extend the expiration date for an additional three
(3) years.
After review of the request, we have determined that the time extension can be authorized
for two (2) years provided no deviation or other modifications have occurred from the original
operational plans. Your permit expiration date has been extended to December 31, 2012. Please
be reminded that all conditions of the original permit remain applicable. We are requesting, in
addition to these conditions, that as -built surveys of the authorized impact areas be provided to
our office within 30 days of completion of the project.
If you have any questions or comments concerning this modification or the non - compliance
issue, please contact Ms. Emily Hughes at (910) 251 -4635, Wilmington Regulatory Field Office.
Sincerely,
William T. Walker, Chief
Wilmington Regulatory Field Office

.& . "M
Copies Furnished:
Mr. Stephen Rynas
Federal Consistency Coordinator
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557 -3421
Mr. Ian McMillan
Division of Water Quality
N.C. Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Mr. Chad Coburn
Division of Water Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wi gton, North Carolina 28405 -3845
s. . Kim Williams
and Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403
-2-

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�pSr�7L5 OF pp�
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
'PO BOX 1890
WILMINGTON NC 28402 -1890
April 18, 2007
Regulatory Division
Action ID: SAW - 2005- 1184 -065
Helmsdale Investors, LLC
Attn: Mr. Thad Moore
Preston Development Company
100 Weston Estates Way
Cary, North Carolina 27513
Dear Mr . Moore:
:� lYiNt]tS \tY �J-
Ur7f5 Q
C' lID':f.^I1TUl `�
In accordance with your written request of February 1, 2006, and the ensuing administrative
record, enclosed are two copies of a permit which authorizes impacts to Department of Army
Jurisdictional Waters of the United States, including wetlands; specifically the discharge of fill
material into 0.. 181 acres of riparian wetlands adjacent to an upper tributary to Howe Creek,
associated with the construction of the Helmsdale at Landfall residential development. The
project area is located off'Arboretum Drive in the Landfall community, in Wilmington, New
Hanover County, North Carolina.
You should acknowledge that you accept the terms and conditions of the enclosed permit by
signing and dating each copy in the spaces provided ( "Permittee" on page 3). Your signature, as
permittee, indicates that, as consideration for the issuance ofthis permit, you voluntarily accept
and agree to comply with all of the terms and conditions of this permit. All pages of both copies
of the signed permit with drawings should then be returned to this office for final authorization
A self - addressed envelope is enclosed for your convenience
Title 33, Part 325.1(#), of the Code of Federal Regulations reads, in part, that, "A $10 fee
will be charged for permit applications when the work is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise... ", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose ofthe project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services." As your application fits the latter category, you are
requested to remit your check for $100.00, made payable to the Finance and Accounting Officer,
USAED, Wilmington.. The check should accompany the signed and dated copies of your permit.
This correspondence contains a proffered permit for the above described site. If you object
to this decision, you may request an administrative appeal under Corps regulations at 33 CFR
part 331. Enclosed you will find a Notification of'Appeal Process (NAP) fact sheet and request

-2-
for appeal (RFA) form. If you request to appeal this decision you must submit a completed RFA
form to the South Atlantic Division, Division Office at the Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD- ET -CO -R
U.S. Army Corps of'Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303 -8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete;
that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the
Division Office within 60 days of the date of 'the NAP. Should you decide to submit an RFA
,
form, it must be received at the above address by Tune 18, 2007. i
It is not necessary to submit an RFA form to the Division Office if you do not object to the
decision in contained in this correspondence.
After the permit is authorized in this office, the original copy will be returned to you; the
duplicate copy will be permanently retained in this office. If you have questions, please contact
Mrs. Jennifer S Frye at the Wilmington Regulatory Field Office, at (910) 251 -4923.
Sincerely,
Keith A. Harris, Chief
Wilmington Regulatory Field Office
Enclosures
Copy Furnished (with enclosures):
i a. Kim Williams
nd Management Croup, Inc
Post Office Box 2522
Wilmington, North Carolina 28402

DEPARTMENT OF THE ARMY PERMIT
Petmittee HELMSDALE INVESTORS, LLC
Permit No 2005- 1184 -065
Issumg Office CESAW -RG -L
NOIE: the term "you" and its derivatives, as used in this permit, means the permittee or any future transferee the term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the author ity of the commanding officer
You are authorized to perform work in accordance with the term-, and conditions specified below
Project Description: authorizes impacts to jurisdictional Waters of the United States, including
wetlands; specifically the discharge of fill material into 0.181 acres of riparian wetlands adjacent to
a n upper- tributary to Howe Creek, associated with the construction of the Helmsdale at Landfall
residential development.
Project Location: off Arboretum Drive in the Landfall community in Wilmington, New Hanover
County, North Carolina.
Permit Conditions:
General Conditions:
1 the time limit for completing the work authorized ends on December 31, 2010 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 fiom 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 OBSOLEIE (33 CFR 32.5 (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 anytime 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.0 403)
( 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 bylaw
b Ihis permit does not grant any property rights or exclusive privileges.
c Ihis permit does not authorize any injury to the property or rights of others_
d Ihis 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 theteof as a result of other permitted or unpermitted activities or from natural
causes
b Damages to the permitted project of 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 Ihis 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 l establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit
(PERMIITEE) HELMSDALE INVESTORS, LLC
(DATE)
Ihis permit becomes effective when the Federal official, designated to act for- the Secretary of the Army, has signed below
(DISTRICT ENGINEER) JOHN E. PULLIAM, JR., COLONEL
(DATE)
When the structures or work authorized by this permit ate 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 owners) 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 GOVERNMENI PRINI ING OFFICE- 1996-717A25

SPECIAL CONDITIONS
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 U.S. 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
water s or wetlands or to reduce the r each 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 RC 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
Pr-oiect 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 fiom 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
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
113A 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
Mitigation
k) Prior- to initiating work authorized by this permit, the Permittee shall execute and cause to
be recorded the attached Declaration of Protective Covenants for Helmsdale at
Landfall and North Carolina General Warranty Deed Conditions and Restrictions
and Exhibit A and the attached survey titled Helmsdale at Landfall: Wetland
Preservation Map prepared by Withers & Ravenel on 11/06/2006 Within 15 days of
the recordation of the preservation documents, the Permittee shall provide the Corps of
Engineers, a copy of'the recorded easement and plat. The Permittee shall take no action
inconsistent with the terms and purpose of the conservation easement on the property
described therein Furthermore, the Permittee shall transfer no interest in the conservation
property to any third party prior to recordation of'the easement.
The Permittee shall preserve and maintain the 8.83 acres of Department of the Army
jurisdictional wetlands and waters and 0.176 acres of'uplands as surveyed on the attached
plat titled Helmsdale at Landfall: Wetland Preservation Map prepared by Withers &
Ravenel on 11/06/2006 The Permittee shall also preserve and maintain the two parcels,
8 34 acr es and 29 27 acres respectively, described in Exhibit A of the North Carolina
General Warr antv Deed Conditions and Restrictions as conservation property. The
Permittee is prohibited from performing any of the following activities on the property:
Filling; grading; excavating; earth movement of any kind; construction of roads,
walkways, buildings, signs, or any other structure; any activity that may alter- the drainage
2

patterns on the property; the destruction, mowing, or other alteration of vegetation on the
property; disposal or storage of any garbage, trash, or other waste material; or any other
activity which would result in the wetlands being adversely impacted or destroyed.
Ihese provisions relating to the mitigation areas cannot be amended or modified without
the express written consent of the U S Army Corps of Engineers, Wilmington District.
1) The permittee shall make payment to the North Carolina Ecosystem Enhancement
Program In Lieu Fee Program (NC EEPALF) in the amount determined by the NC
EEP/ILF, sufficient to perform the restoration of 0181 acres of riparian wetlands in the
White Oak/New River Basin, Cataloging Unit 03030001. Construction within
jurisdictional areas on the property shall begin only after the permittee has made full
payment to the NC EEPALF and provided a copy of the payment documentation to the
Corps, and the NC EEPALF has provided written confirmation to the Corps that it agrees
to accept responsibility for the mitigation work required, in compliance with the MOU
between the North Carolina Department of Environment and Natural Resources and the
United States Army Corps of Engineers, Wilmington District, dated November 4, 1998.
3

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o 114�
Mr. Tim Smith, Manager Member
Helmsdale Investors, LLC
100 Weston Estates Way
Cary, NC 27513
Mrctrael V. Easley, trovemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 29, 2007
Re: Helmsdale at Landfall, New Hanover County
DWQ #20060197; USACE Action ID. No. SAW- 2005 - 1184 -065
APPROVAL of 401 Water Quality Certification
Dear Mr. Smith:
Alan W. Klimek, P.E. Director
Division of Water Quality
Attached hereto is a copy of Certification No. 3611 issued to Mr. Tim Smith of Helmsdale Investors,
LLC, dated January 29, 2007. In addition, you should get any other federal, state or local permits before
you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non - discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincer
Alan W. Klimek, P.E.
AWK/cbk
Attachments: Certificate of Completion
cc: Kim Williams, Land Management Group
Mark Hargrove, Withers & Ravenel
Jennifer Frye, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Noelle Lutheran, DWQ, Wilmington Regional Office
Stephen Rynas, DCM Morehead City
Becky Fox, EPA Region 4
DLR Wilmington Regional Office
File Copy
Central Files
Filename: 060197HeimsdaleAt 1 Andfall(NewHanover)401 IC
401 Oversight/Express Review Permits Unit JV ii—Rly
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919 - 733 -1786 / FAX 919-733a93 I Internet: htta: /R12o ennstate nc us /ncwetlands
An Equal Opportunity /Afinnabve Action Employer – 50% Recycled/1 0% Post Consumer Paper

Helmsdale Investors, LLC
Page 2 of 5
January 29, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Tim Smith of Helmsdale Investors, LLC to fill 0.181
acres of jurisdictional wetlands in the Cape Fear River Basin, associated with the construction of access
roads for a single family residential subdivision in New Hanover County, North Carolina, pursuant to an
application filed on the 6th day of February of 2006, and in additional correspondence received June 7,
September 15, and December 12, 2006.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306,307 of PL 92 -500 and PL 95 -217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts except the two bridge crossings:
Sediment and Erosion Control:
2. 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.
Amount Approved nits
Plan Location or Reference
Stream
N/A feet
404 Wetlands
0.181 acres
Road impacts 2, 3, 5, and 6
Waters
N/A acres
Buffers
I N/A (square ft.
Sediment and Erosion Control:
2. 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.

Page 3 of 5
January 29, 2007
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404 /401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
4. 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. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres), full compliance
with permit conditions including the sedimentation control plan, self - monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at hC:Ilh2o enr state. nc. us/su/Forms Documents.htm.
Continuing Compliance:
6. Mr. Tim Smith and Helmsdale Investors, LLC shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements
of State law and federal law. If the Division determines that such-standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that State or federal law is
being violated, or that further conditions are necessary to assure compliance, the Division may
reevaluate and modify this Certification to include conditions appropriate to assure compliance
with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before
modifying the Certification, the Division shall notify Mr. Tim Smith and/or Helmsdale Investors,
LLC and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504.
Any new or revised conditions shall be provided to Mr. Tim Smith and/or Helmsdale Investors,
LLC in writing, shall be provided to the United States Army Corps of Engineers for reference in
any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project.

Helmsdate Investors, LLC
Page 4 of 5
January 29, 2007
Mitigation:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR — Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at (919) 733 -5205 if you have any questions concerning payment into a
restoration fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
In addition, 8.98 acres of jurisdictional wetlands within the project limits and 37.61 acres of
jurisdictional wetlands within the Landfall community on the south side of Arboretum Drive and
west of Deer Island Lane must be placed in permanent preservation. Deed restrictions for the on-
site preservation must be recorded and a Conservation Easement held by a third party must be
placed on the off -site preservation tract. Language used to accomplish this preservation must be
approved by the USACE prior to recording. Preservation of the wetlands described above in
addition to payment to EEP will satisfy DWQ's mitigation requirements. A copy of the recorded
documents and associated maps must be provided to DWQ's Wilmington Regional Office and
401 Oversight Unit in Raleigh prior to impacting any wetlands on the subject property.
Road Crossings:
8. Culverts
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis- equilibrium of wetlands or streambeds or banks, adjacent to or' upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Compensatory Mitigation
Re uired
River and Sub -basin Number
Stream
N/A feet
Wetlands
0.181 acres
CPF24 03 -06 -24
Waters
N/A acres
In addition, 8.98 acres of jurisdictional wetlands within the project limits and 37.61 acres of
jurisdictional wetlands within the Landfall community on the south side of Arboretum Drive and
west of Deer Island Lane must be placed in permanent preservation. Deed restrictions for the on-
site preservation must be recorded and a Conservation Easement held by a third party must be
placed on the off -site preservation tract. Language used to accomplish this preservation must be
approved by the USACE prior to recording. Preservation of the wetlands described above in
addition to payment to EEP will satisfy DWQ's mitigation requirements. A copy of the recorded
documents and associated maps must be provided to DWQ's Wilmington Regional Office and
401 Oversight Unit in Raleigh prior to impacting any wetlands on the subject property.
Road Crossings:
8. Culverts
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis- equilibrium of wetlands or streambeds or banks, adjacent to or' upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.

Page 5 of 5
January 29, 2007
9. Construction Plans
Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under this authorization letter and certification.
Other conditions:
10. Wetland Boundary Identification
The wetland boundary must be clearly identified on all lots that have jurisdictional wetlands
present as depicted on the jurisdictional determination map signed by the US Army Corps of
Engineers. The wetland boundary identification (flagging, fencing, etc.) must be maintained on
each lot until the lot is sold.
11. Protective Fencing
The outside 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.
12. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and
local sewer system regulations.
13. 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/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699 -1650.
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 the 404 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
AWK/cbk
This the 29t4 day of Jany V, 2007
P
3611

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permiee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date

,NIMA
�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
February 5, 2007
Kim Williams
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
SUBJECT: CD07 -007 - Consistency Certification for Proposed Fill of 0.207 Acres of
Wetland to Facilitate the Establishment of a Subdivision, Wilmington, New
Hanover County (DCM #20060010)
Dear Ms. Williams:
The Division of Coastal Management received on February 6, 2006 the consistency certification
from the Land Management Group on behalf of Helmsdale Investors, LLC (Applicant) stating
that the proposed impact to 0.207 acres of wetlands to facilitate the establishment of a
subdivision in Wilmington, New Hanover County would be consistent with the enforceable
policies of the State's coastal management program. The submission was determined to be
incomplete on February 10, 2006. The submission was subsequently filed complete on
June 7, 2006 upon the receipt of additional information. The consistency review period was
extended to March 9, 2007 to allow for the completion of the Section 401 water quality
certification.
To solicit public comments, DCM circulated a description of the proposed project to State
agencies that would have a regulatory interest in the proposed development. Additionally, a
public notice was printed in the "Wilmington Star News" on June 11, 2006. No comments were
received asserting that the proposed project would be inconsistent with the State's coastal
program. Copies of the comments received have been attached.
The Division of Coastal Management (DCM) has reviewed the consistency submission pursuant
to the management objectives and enforceable policies of Subchapter 7M of Chapter 7 of Title
15A of North Carolina's Administrative Code which is a part of the State's certified coastal
management program and concurs, as conditioned below, that the proposed project is consistent
with the enforceable policies of North Carolina's coastal management program.
400 Commerce Avenue, Morehead City, North Carolina 28557 -3421
Phone: 252 - 808 -2808 \ FAX: 252 - 247 -3330 \ Internet: www.nccoastalmanagement.net
An Equal opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

• In order to be found consistent with North Carolina's coastal management program, the
Applicant shall comply with the recommendation of the North Carolina Department of
Cultural Resources (Letter of July 11, 2006, attached) for an archeological survey. The
survey shall be completed to'the satisfaction of the North Carolina Department of
Cultural Resources prior to the initiation of any land disturbing activities that could affect
the cultural resources. Additionally, the Applicant shall comply with any
recommendations made by the North Carolina Department of Cultural Resources for the
protection of cultural resources resulting from the archeological survey.
• In order to be found consistent with North Carolina's coastal management program, the
Applicant shall comply with the requirements of the New Hanover County Grading
Permit #10 -06 issued on May 3, 2006.
• In order to be found consistent with North Carolina's coastal management program, the
Applicant shall comply with the 401 Water Quality Certification (DWQ#20060197)
issued by the NC Division of Water Quality on January 29, 2007.
• In order to be found consistent with North Carolina's coastal management program, the
Applicant shall comply with the Stormwater Permit (SW8 060214) issued on May 7,
2006 by the NC Division of Water Quality.
• In order to be found consistent with North Carolina's coastal management program, the
Applicant shall fund, through the NC Ecosystem Enhancement Program, mitigation for
0.50 acres of Riparian Wetlands.
Should the project be modified, a revised consistency certification could be necessary. This
might take the form of either a supplemental consistency certification pursuant to .
15 CFR 930.66, or a new consistency certification pursuant to 15 CFR 930.57. Likewise, if
further project assessments reveal environmental impacts not previously considered by the
proposed development, a supplemental consistency certification might be required. If you have
any questions, please contact Stephen Rynas at 252- 808 -2808. Thank you for your consideration
of the North Carolina Coastal Management Program.
Sincerely,
Doug Huggett
Manager, Major Permits and Consistency Unit
cc: Jim Gregson, Division of Coastal Management
Noelle Lutheran, NC Division of Water Quality
Jennifer Frye, U.S. Army Corps of Engineers
Renee Gledhill-Early — NC Department of Cuhural Resources
Beth Harmon, NC Ecosystem Enhancement Program
Page: 2

Appendix D.
Adjacent Property Owners

Adjacent Property Owners
for
Helmsdale at Landfall
R05100- 002 - 129 -000
R05114-009- 173 -000
NORTHEAST NEW HANOVER
CONSERVANCY
126 S BEACH RD
WILMINGTON, NC 28411-9222
R05100- 002 - 119 -000
R05100 -002- 120 -000
R05100- 002 - 124 -000
R05100- 002 - 125 -000
FOREVERHOME OF WILMINGTON
LLC
2840 PLAZA PL SUITE 360
RALEIGH, NC 27612 -2101
R05100- 002 - 123 -000
R05100- 002 - 009 -000
Regency Court, LLC
1337 REGATTA DR
WILMINGTON, NC 284054269
R05100- 002 - 126 -000
TOMOSUNAS ERIC G AUDREY
710 BEDMINISTER LN
WILMINGTON, NC 28405 -6240
R05100- 002- 127 -000
KEMDLE LLC
8466 SW 113 PLACE
MIAMI, FL 33173
R05100- 002 - 128 -000
JOHNSON ANTHONY J CONSTANCE M
1535 MISTY OAK LN
WILMINGTON, NC 28411
R05110- 007 - 013 -000
CAMPBELL ROBERT J LU ANN C
2008 DEER ISLAND LN
WILMINGTON, NC 28405
R05100- 002 - 130 -000
HELMSDALE AT LANDFALL HOA
225 CEDAR LN
NEWPORT, NC 28570
R05100- 002 -008 -000
William B. Towles
6301 TOWLES RD
WILMINGTON, NC 28409 -2122
R05114- 009 - 174 -000
Landfall Council/Associations
1749 DRYSDALE DR
WILMINGTON, NC 28405
R05105- 007 - 006 -000
Frank H. Kenan Chapel/ Landfall
510 ARBORETUM DR
WILMINGTON, NC 28405