20171606 Ver 3_Individual_20200714

LMG
LAND MANAGEMENT GROUP
a DAVEA company
July 9, 2020
TO: Mr. Paul Wojoski
NCDEQ
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Via Email: [e-mail]
RE: Carroll at the Avenue; New Hanover County, NC
Request to Modify 401 Water Quality Certification
DWR Project 2017-1606
Dear Mr. Wojoski:
RECEIVED
J U L 14 2020
NCDEQIDWRINPDES
On behalf of 347 MCO, LLC, enclosed is a request to modify the 401 WQC that was issued for the Carroll at
the Avenue, a mixed -use development with commercial retail, hospitality, office, residential units, and
parking garages. The proposed development is situated on a 44.5-acre site that is located at 349 Military
Cutoff Road in Wilmington, NC. DWR previously issued a 401 WQC for this project, which authorized
impacts to 0.47 acres of wetlands and 70 linear feet of stream for general site development and 3.4 acres of
an open water jurisdictional pond in order to convert the pond to stormwater use. Since that time, the site
plan has changed slightly to include a grid road system that promotes better circulation for vehicles and
pedestrians. This change in the road configuration will impact 0.037 acre of additional jurisdictional channel
(Relatively Permanent Waters) located between the pond and the existing culvert crossing. Additionally,
the existing pond will be enlarged and will contain two islands.
The revised site plan drawings, alternatives analysis, and other information are enclosed for your review.
Please contact me if you have any questions. Thank you for your assistance with this project.
Sincerely,
KI mWilli
^/ I I I I a m c Digitally signed Kim Williams
1 ' 1 V V .7 Date: 2020.07 09 15:02:59-04'00'
Kim Williams
Environmental Scientist
Encl.
Cc: Mr. Roy E. Carroll II, 347 MCO, LLC
Mr. Rob Balland, Paramounte Engineering, Inc.
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403

AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group to act as our agent in the
preparation and representation of infonnation related to the Section 404/401 permit application
for the Carroll at the Avenue project. All questions in regards to this project should be directed
to Land Management Group,
3y7 MColt cC
Print Name
Date

CARROLL AT THE AVENUE
NEW HANOVER COUNTY, NC
SECTION 404/401 PERMIT MODIFICATION REQUEST
July 2020
INTRODUCTION
At the request of 347 MCO, LLC (Applicant), Land Management Group (LMG) formally requests to
modify the Individual Permit and 401 Water Quality Certification that were obtained for "Carroll at
the Avenue", a mixed -use development with commercial retail, hospitality, office, residential units,
and parking garages. The proposed development is situated on a 44.5-acre site that is located at 349
Military Cutoff Road in Wilmington, NC. In late 2019 and early 2020, the USACE issued an Individual
Permit and the NC DWR issued a 401 WQC for this project, which authorized impacts to 0.47 acres of
wetlands and 70 linear feet (LF) of stream for general site development and 3.4 acres of an open
water jurisdictional pond in order to convert the pond to stormwater use (Action ID# SAW-2017-
02531 & DWR Project 2017-1606). Since that time, the site plan has changed slightly to include a grid
road system that promotes better circulation for vehicles and pedestrians. This change in the road
configuration will impact a small amount of additional jurisdictional channel (Relatively Permanent
Waters) located between the pond and the existing culvert crossing. Additionally, the existing pond
will be enlarged and will contain two islands.
PURPOSE & NEED
The applicant's continued purpose for the project is to construct a mixed -use development with
commercial, retail, hospitality, office, and residential units that has access points from major roads
and is centrally located within the northern part of New Hanover County to serve both Wilmington
and Wrightsville Beach residents and visitors. Impacts are needed for site development and to
convert a jurisdictional pond to a stormwater pond. The additional RPW impact is needed to provide
better vehicular access between the buildings and to improve the safety of pedestrians.
EXISTING CONDITIONS
The 44.5-acre project area is located off Military Cutoff Road, between Old MacCumber Station Road
and East Westwood Road in Wilmington, NC (New Hanover County) (Figures 1 & 2). The project area
consists of six (6) separate parcels.
Much of the project area was previously developed and contained commercial buildings, associated
parking areas and the Hidden Lakes Mobile Home Park. This development has been removed and the
site is currently vacant. A site delineation of 404 wetlands for the project area was performed by
Huysman & Bandy, Inc. in 2015 and 2016. The delineation was approved by Mr. Brennan Dooley of
the U.S. Army Corps of Engineers on March 16, 2018 (Action ID# SAW-2017-02531). The project area
1

0
contains 5.2 acres of 404 wetlands and 1,600 LF of stream channel (UT of Howe Creek). Additionally,
two jurisdictional ponds are located on site; a smaller one adjacent to the stream in the northern part
of the site and a larger one in the southern part of the site. A non -jurisdictional amenity pond is
located in the center of the site and mobile homes were previously situated around it. The 404
wetlands in the northern portion of the site support a canopy of black gum (Nyssa sylvatica) and
water oak (Quercus nigra), with a moderate shrub layer of red maple (Acer rubrum), southern
magnolia (Magnolia grandiflora), and red bay (Persea borbonia). Uplands within the site are mostly
f cleared, but some forested areas are scattered throughout the site. These uplands support a canopy
and shrub layer mixed with loblolly pine (Pinus taeda), red maple, sweetgum (Liquidambar
styraciflua), and tulip poplar (Liriodendron tulipifera). Surrounding land use consists of a mix of
residential development and undeveloped and forested land to the north and east, with commercial
development to the south. Military Cutoff Road is located along the western project boundary. A mix
of residential and commercial development is located west of the road.
According to the topographic quadrangle for this area, the 404 wetlands on site flow east and north
to Howe Creek, which runs east to the Atlantic Intracoastal Waterway. Howe Creek is classified by the
NC Division of Water Resources as SA and Outstanding Resource Waters (ORW). An SA water
classification is given to tidal salt waters that are used for commercial shellfishing or marketing
purposes and are also protected for all Class SC and Class SB uses. The ORW classification is a subset
of High Quality Waters. This supplemental classification is intended to protect unique and special
waters having excellent water quality and being of exceptional state or national ecological or
recreational significance. Because Howe Creek is classified as ORW, the NC Division of Coastal
Management's (DCM) Area of Environmental Concern (AEC) setback is measured 575' from the
Normal High Water (NHW) line of this waterbody, which extends into the eastern part of the site
(green line on site plan). Note that this site was previously developed before any water quality rules
were implemented, so all existing runoff went directly into Howe Creek. The pond in its current state
already accepts a small portion of the existing site runoff.
ALTERNATIVES ANALYSIS
This 44.5-acre site is one of the only remaining sites located in this part of New Hanover County that
has good visibility and access from a major corridor and multiple access points. The project area is
located at 349 Military Cutoff Road in Wilmington, NC (New Hanover County) (Figures 1 & 2). It has
access from Military Cutoff Road, Old MacCumber Road, and Lance Drive. Military Cutoff Road is a
major travel corridor that will provide convenient ingress/egress for commercial/retail users. The site
is zoned Urban Mixed Use (UMX — CD) and is a designated area of high intensity in the Create
Wilmington Comprehensive Plan. The previous Individual Permit application evaluated several on -
site alternatives and a permit was issued for the preferred project. Therefore, this document only
compares the previously authorized site plan with the revised plan.
2

Alternative #1: Previously Authorized Plan
The previously authorized project consisted of a mixed -use development with commercial, retail,
hospitality (hotel), office, residential units, and parking garages. Ten (10) buildings and three (3)
parking garages were proposed. Two (2) outparcels were also planned. Parking for this alternative
consisted of surface (435 spaces) and parking garage spaces (1,600 spaces). Proposed impervious
coverage for this alternative was 42.8%. The area inside the 575' stormwater setback (red line on site
plan) was limited to 25% impervious coverage.
Stormwater management for this alternative was in accordance with City of Wilmington rules and
regulations for high density development (impervious > 12%) and SA/ORW rules. Due to the size of
the existing pond, this alternative met the 1-year 24-hour pre vs. post water quality requirement for
SA/ORW waters. It was also able to store and meet the 2-year, 10-year, 25-year, 50-year, and 100-
year pre vs. post storm events for flood control. The project also proposed pervious pavement
options (i.e. pavers and/or pervious concrete on surface parking spaces) to reduce runoff and
disconnect areas of impervious coverage from the collection system and the wet detention basins.
Proposed Impacts
The authorized site plan proposed impacts to 0.47 acres of wetlands, 70 LF of a stream, and 3.4 acres
of an open water pond. The wetland and stream impacts were needed for site development and
access. The pond impact was needed to convert the pond to stormwater use.
Alternative #2: Revised Site Plan (Preferred)
The revised plan will have the same proposed uses (commercial, retail, hospitality (hotel), office, and
residential) and square footages as the previously approved plan. The main difference is that the
layout has been slightly modified to take on a more urban feel with a grid road system that promotes
better circulation for vehicles and pedestrians. This revised layout has reduced total impervious cover
from 42.8% to 37.5%. Much of this reduction is within DCM's 575-ft Area of Environmental Concern
(AEC). Only 1.07 acres or 18.8% of impervious cover is proposed within the AEC. As with the
permitted site plan, most of the surface spaces will be constructed of pervious material to further
reduce stormwater runoff. Additionally, the number of parking spaces has been reduced. The
previous plan proposed 435 surface spaces and 1,600 garage spaces. The revised plan proposes 329
surface spaces and 1,544 garage spaces.
Some changes to the stormwater pond are also proposed. The existing pond's surface area is 148,625
sf (3.41 acres). The perimeter of this pond will be enlarged to 196,644 sf (4.5 acres). Additionally, two
(2) islands will be constructed inside the stormwater pond with vertical walls. The proposed islands
will be 22,777 sf and 23,874 sf for a total of 46,651 sf (1.07 acres). Therefore, there will be 149,993 sf
(3.44 acres) of open water surface area for the proposed pond, which is slightly larger than the
existing pond area. Note that this does not include the area of the proposed forebay, which is an
additional 28,279 sf (0.65 acres).
3

The existing water surface elevation in the pond is controlled by a non-traditional wood log outlet
weir that is rotting and falling apart as shown in the attached photo. It allows discharge from the
pond to flow through a jurisdictional ditch towards Howe Creek. It appears that the permanent pool
elevation of the pond is around elevation 13 feet, which is the bottom elevation of the logs. The log
weir is approximately 30 to 36 inches in height, which would make the top elevation approximately
15.5 to 16.0. The existing weir does not seem to hold back much water or delay the release for runoff
within existing parameters of 2-5 days for water quality.
The proposed main pond will have a bottom elevation still around elevation 6.0 and a uniform top
elevation of approximately 22.0 feet. Stormwater runoff will be collected on -site by a proposed
collection system and discharged to the proposed forebay for pre-treatment. It will then be
discharged to the main pond where the discharge will be controlled by a new concrete outfall
structure that will allow the first 1.5-inches of runoff to discharge through a low -flow orifice in 2-5
days. Discharge from larger storm events will also be controlled by the new outfall structure and will
meet pre/post requirements of the City of Wilmington for the 25-year, 24-hour storm event. The
pond as designed will also meet the pre/post discharge rates for larger storm events. The proposed
measures will exceed the level of protection to Howe Creek than what is currently in place.
The proposed stormwater basin will have vertical walls -as shown on the typical cross section. The
required permanent pool surface area based on the percent impervious is 14,296 sf and the proposed
permanent pool surface area is 149,993 sf, excluding the forebay area. Since the proposed
permanent pool surface area is nearly 10 times larger than what is required, a vegetated shelf is not
proposed for this project. Also, due to the additional volume of water in the main pond and meeting
the pre/post runoff rates of even the 100-year storm event, the engineer believes the proposed pond
as designed will far exceed the minimum design requirements.
The following is a summary of the amount of stormwater runoff being held back with both the
approved and revised pond configurations:
Pre -Development
Ql
17.48cfs
Q2
26.20cfs
Qio
56.88cfs
Q25
80.48cfs
Qso
102.17cfs
Qioo
126.82cfs
Post -Development (authorized)
14.35cfs
17.99cfs
41.87cfs
71.85cfs
101.68cfs
120.76cfs
Post Development (revised)
5.49cfs
8.39cfs
19.19cfs
27.30cfs
34.68cfs
67.73cfs
The revised plan will provide better treatment and attenuation for the receiving stream than existing
conditions and the permitted plan.
4

Proposed Impacts
The revised site plan will impact the same jurisdictional areas as the authorized plan, but will include
one additional RPW impact area, which is needed for a road that will cross between the open water
pond and an existing road crossing (see attached photos). Therefore, total proposed impacts are 0.47
acres of wetlands, 70 LF of stream, 0.037 acre of RPW, and 3.4 acres of open water pond. The
wetland, stream, and RPW impacts are needed for site development and access. The pond impact is
needed to convert the pond to stormwater use.
As noted in the original permit application, the open water pond to be impacted is manmade. It is not
present in the 1977 aerial of the New Hanover County NRCS Soil Survey and this area is labeled as a
borrow pit (Figure 3). While the pond has naturalized to some extent over the years, its conversion to
a stormwater pond will not significantly affect its primary function of water storage. Periodic
maintenance of the pond may need to occur to remove accumulated sediments over time. The RPW
to be impacted is a highly incised channel that contains a great deal of trash and debris.
The site is zoned Urban Mixed Use (UMX — CD) by the City of Wilmington, which is suitable for the
proposed project. Additionally, this site is a designated area of high intensity in the Create
Wilmington Comprehensive Plan. The Future Land Use Map within the Wilmington - New Hanover
County Joint 2006 CAMA Land Use Plan Update classifies the site as 'Watershed Resource Protection
Area'. This subclass occurs along the tidal creeks and is defined as the area within %2 mile of the 100-
year flood plain for those creeks. The impact that the resources is being protected from is pollutant
laden stormwater runoff from impervious surfaces within the watershed. The protection strategy for
this subclass of resource protection area focuses on minimizing new impervious surface, retrofitting
protection measures to improve runoff water quality from existing impervious surfaces and to
promote low impact best management practices for development and redevelopment. Although this
is a high -density project, stormwater management will be in accordance with City of Wilmington rules
and regulations for high density development (impervious > 12%) and SA/ORW rules. In addition to
the detention basin, the project will provide pervious pavement options that will reduce runoff and
disconnect areas of impervious coverage from the collection system and the wet detention basins.
This will be achieved by using pervious surfaces such as pavers and/or pervious concrete on surface
parking spaces to minimize surface runoff to Howe Creek. Surface parking outside of the 575' setback
will also include pervious pavers and/or pervious concrete. Note that the applicant has obtained a
CAMA Major Permit from NC DCM and a 401 Water Quality Certification from NC DWR.
Modifications to these permits are being requested.
Potential impacts to federally listed species are similar to the authorized plan. Forested sections of
the site may provide suitable winter and summer roosting habitat for the northern long-eared bat
(NLEB). No hibernacula or roost trees have been identified by the US Fish and Wildlife Service in New
Hanover County. Therefore, any associated take from the proposed project as a result of cutting trees
5

would be exempt per the Programmatic Biological Opinion for the NLEB. Additionally, mowed
wetlands located in the easement along the eastern project boundary may provide habitat for several
federally protected plants. No impacts to these wetlands are proposed. The site does not appear to
provide suitable habitat for any other federally protected species known to occur in the area.
MITIGATION
The applicant has attempted to avoid and minimize jurisdictional impacts as much as possible
during the site design. To mitigate for the additional 0.037 acres of RPW impacts, the applicant
plans to remove an existing road crossing located just downstream of the impact area (see
Figure 6). Mitigation credits from the LCFUMB will be purchased for the wetland and stream
impacts. No mitigation was previously required for the open water pond impact since it will
remain a pond. Although the changes to the pond configuration are now proposed, total pond
square footage will remain the same and we request that no mitigation be required.
I

FIGURES

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Map Source: Open Street Map
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MACCUMBER STATION ROAD
PERMITTED IMPACTS
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Legend
NOTES:
Project Boundary
1. BASE CAD FILE PROVIDED BY PARAMOUNTE ENGINEERING, INC.
Project/Applicant: Date: Revision Date:
6/30/20 NA
575' AEC
2. NOT A SURVEYED OR ENGINEERED DRAWING.
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NOTES:
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3 FOR ENVIRONMENTAL PERMITTING ONLY
404 Wetlands 0
Proposed RPW Impacts
Project/Applicant
Date.
Revision Date
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APPENDIX A.
Section 404/401 Permits

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 28, 2020
Regulatory Division
Action ID: SAW-2017-02531
347 MCO LLC
Roy E. Carroll II
201 North Elm Street
Suite 201
Greensboro, NC 27401
Dear Mr. Carroll:
In accordance with your written request of May 29, 2019 and the ensuing
administrative record, enclosed are two copies of a permit to discharge fill material into
0.47 acres of wetlands and 70 linear feet of stream for the construction of a mixed use
development with commercial retail, hospitality, office, residential units, and parking
garages. This project, known as Carroll at the Avenue, will also impact 3.4 acres of
open water jurisdictional pond in order to convert the pond for stormwater use.
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 of this
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(f), 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 of the 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,
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

-2-
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
decision you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Rachel Capito, Regulatory Specialist
69 Darlington Avenue
Wilmington, North Carolina 28403
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 March 27,
2020.
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 Rachel Capito at the Wilmington Regulatory Field Office, telephone
(910)-251-4487.
Thank you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our website at
http://corpsmapu.usace.arTny.miVem_apex/f?p=136:4:0. and completing the survey on-
line. We value your comments and appreciate your taking the time to complete a
survey each time you interact with our office.
Sincerely,
Mickey Sug
Chief, Wilmington Regulatory Field Office
Enclosures:
Plans
Mitigation Responsibility Transfer Form
CAMA Permit
401 Certification

DEPARTMENT OF THE ARMY PERMIT
Permittee: 347 MCO, LLC Mr. Roy E. Carroll II
Permit No.: SAW-2017-02531
Issuing Office: CESAW-RG-L
NOTE: 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 authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: This verification authorizes the discharge of fill material into 0.47 acres of wetlands and 70
Iinear feet of stream for the construction of a mixed use development with commercial retail, hospitality, office,
residential units, and parking garages. This project, known as Carroll at the Avenue, will also impact 3.4 acres of
open water jurisdictional pond in order to convert the pond for stormwater use.
Project Location: The project area is located off Military Cutoff Road, between Old MacCumber Station Road
and East Westwood Road, adjacent to an nunamed tributary to Howes Creek, in Wilmington, New Hanover
County, North Carolina. The address for this site is 349 and 565 Military Cutoff Road, Wilmington, North
Carolina 28405.
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2025. 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 Ieast one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the
terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted
activity, although you may make a good faith transfer to a third party in compliance with General Condition 4
below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which may require restoration
of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the
Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is
eligible for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the
space provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the
conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the
certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed
necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of
your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS

Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pnrsuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
(} Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for
the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or nupermitted activities
or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by
or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structnres caused by the
activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
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. ReevaIuation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the
following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false,
incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public
interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring you to comply with the terms and conditions of yonr 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 1 establishes a time limit for the completion of the activity authorized by this
permit, Unless there are circumstances requiring either a prompt completion of the authorized activity or a
reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for
an extension of this time limit.

Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions
of this permit,
(PERMITTEE)
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has
signed below.
(DISTRICT ENGINEER) Robert C. Clark, COLONEL (DATE)
When the structures or work authorized by this permit are still in existence at the time the property is
transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the
property. To validate the transfer of this permit and the associated liabilities associated with compliance with its
terms and conditious, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
;G.S. GOVERNMENT PRINTING OFFICE: 1486 - 717-425

Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions
of this permit.
(PEIIMITTEE)
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has
signed below.
(DISMICTENGINEER) Robert C. Clark, COLONEL
(DATE)
When the structures or work authorized by this permit are still in existence at the time the property is
transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the
property. To validate the transfer of this permit and the associated liabilities associated with compliance with its
terms and conditions, have the transferee sign and date below.
(TRANSFE)?EE)
(DATE)
•U.S. GOVERNMENT PAINTING OFFICE: 1986 - 717-425

SPECIAL CONDITIONS
Action ID: SAW-2017-02531
1. Stormwater Pond: It should be noted that the pond will be removed from Corps'
permitting authority, pursuant to Section 404 of the Clean Water Act, once NC DWR
authorizes its use as a permitted stonriwater faciltiy. The permittee shall maintain the
feature in perpetuity as a 3.4 acre open water stormwater pond under the conditions of the
State Stormwater Permit. Prior notification must be made to the Corps if there is any
change from a wastewater facility to another designated use, as a change in use will
potentially revert jurisdiction back to Corps and potentially require further authorization
and/or mitigation.
2. Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached plans dated 5/10/2019, which are a part of this permit. The
Permittee shall ensure that the construction design plans for this project do not deviate
from the permit plans attached to this authorization. Any modification to the attached
permit plans must be approved by the U.S. Army Corps of Engineers (Corps) prior to any
active construction in waters or wetlands.
3. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any Corps -
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.
4. Permit Distribution: 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 and drawings shall be available at the project site during
construction and maintenance of this project.
S. Notification of Construction Commencement and Completion: The Permittee shall
notify the U.S. Army Corps of Engineers in writing prior to beginning the work
authorized by this permit and again upon completion of the work authorized by this
permit.
6. Reporting Address: All reports, documentation, and correspondence required by the
conditions of this permit shall be submitted to the following: U.S. Army Corps of
Engineers, Wilmington District Wilmington Regulatory Field Office, Attn: Rachel
Capito, 69 Darlington Ave Wilmington, NC 28403, or [e-mail].
The Permittee shall reference the following permit number, SAW-2017-02531, on all
submittals.

7. Permit Revocation: 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 mariner as the Secretary of the Army or his authorized
representative may direct, restore the water or wetland to its pre -project condition.
8. Reporting Violations: Violation of these permit conditions or violation of Section 404
of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be reported to
the Corps in writing and by telephone at: 910-251-4487 within 24 hours of the
Permittee's discovery of the violation.
9. Endangered Species Act: The Permittee shall implement all necessary measures to
ensure the authorized activity does not kill, injure, capture, harass, or otherwise harm any
federally -listed threatened or endangered species. While accomplishing the authorized
work, if the Permittee discovers or observes an injured or dead threatened or endangered
species, the U.S. Army Corps of Engineers, Wilmington District Wilmington Field
Office, Attn: Rachel Capito at 910-251-4487, or [e-mail] will
be immediately notified to initiate the required Federal coordination.
10. Maintain Flows and Circulation Patterns of Waters: Except as specified in the
plans attached to this permit, no excavation, fill or mechanized land -clearing activities
shall take place at any time in the construction or maintenance of this project, in such a
manner as to impair normal flows and circulation patterns within waters or wetlands or to
reduce the reach of waters and/or wetlands.
11. Sediment and Erosion Control:
1) During the clearing phase of the project, heavy equipment shall not be operated
in surface waters or stream channels. Temporary stream crossings will be used to
access the opposite sides of stream channels. All temporary diversion channels
and stream crossings will be constructed of non -erodible materials. Grubbing of
riparian vegetation will not occur until immediately before construction begins on
a given segment of stream channel.
2) No fill or excavation impacts for the purposes of sedimentation and erosion
control shall occur within jurisdictional waters, including wetlands, unless the
impacts are included on the plan drawings and specifically authorized by this
permit. This includes, but is not limited to, sediment control fences and other
barriers intended to catch sediment losses.
3) The Permittee shall remove all sediment and erosion control measures placed
in waters and/or wetlands, and shall restore natural grades on those areas, prior to
project completion unless deemed necessary for the establishment of permanent
stabilization.
4) The Permittee shall use appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent version of the "North
Carolina Sediment and Erosion Control Planning and Design Manual" to ensure
compliance with the appropriate turbidity water quality standard. Erosion and
sediment control practices shall be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such

Best Management Practices in order to ensure compliance with the appropriate
turbidity water quality standards. 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 shall
remain in full compliance with all aspects of the Sedimentation Pollution Control
Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate
sedimentation and erosion control measures shall be implemented prior to any
ground disturbing activities to minimize impacts to downstream aquatic resources.
These measures shall be inspected and maintained regularly, especially following
rainfall events. All fill material shall be adequately stabilized at the earliest
practicable date to prevent sediment from entering into adjacent waters or
wetlands.
12. Clean Fill: The Permittee shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and plastic
products, and concrete block with exposed metal reinforcement bars. Soils used for fill
shall not be contaminated with any toxic substance in concentrations governed by Section
307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill material
placed in waters or wetlands shall be generated from an upland source.
13. Water Contamination: All mechanized equipment shall be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or
any other hazardous waste, the Permittee shall immediately report it to the N.C. Division
of Water Resources at [phone] or [phone] and provisions of the North
Carolina Oil Pollution and Hazardous Substances Control Act shall be followed.
14. Aquatic Life Movement: No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody, including
those species that normally migrate through the area. All discharges of dredged or fill
material within waters of the United States shall be designed and constructed to maintain
low flows to sustain the movement of aquatic species.
15. Prohibitions on Concrete: The Permittee shall take measures necessary to prevent
live or fresh concrete, including bags of uncured concrete, from coming into contact with
any water in or entering into waters of the United States. Water inside coffer dams or
casings that has been in contact with concrete shall only be returned to waters of the
United States when it no longer poses a threat to aquatic organisms (concrete is set and
cured).
16. Compensatory Mitigation: In order to compensate for impacts associated with this
permit, mitigation shall be provided in accordance with the provisions outlined on the
most recent version of the attached Compensatory Mitigation Responsibility Transfer
Form.. The requirements of this form, including any special conditions listed on this form,
are hereby incorporated as special conditions of this permit.

17. Culverts:
1) Unless otherwise requested in the application and depicted on the approved
permit plans, culverts greater than 48 inches in diameter shall be buried at least
one foot below the bed of the stream. Culverts 48 inches in diameter and less shall
be buried or placed on the stream bed as practicable and appropriate to maintain
aquatic passage, and every effort shall be made to maintain existing channel
slope. The bottom of the culvert shall be placed at a depth below the natural
stream bottom to provide for passage during drought or low flow conditions.
Culverts shall be designed and constructed in a manner that minimizes
destabilization and head cutting.
2) Measures shall be included in the culvert construction/installation that will
promote the safe passage of fish and other aquatic organisms. The dimension,
pattern, and profile of the stream above and below a culvert or pipe shall not be
modified by widening the stream channel or by reducing the depth of the stream
in connection with the construction activity. The width, height, and gradient of a
proposed opening shall be such as to pass the average historical low flow and
spring flow without adversely altering flow velocity. Spring flow should be
determined from gauge data, if available. In the absence of such data, bankfull
flow can be used as a comparable level.
3) The Permittee shall implement all reasonable and practicable measures to
ensure that equipment, structures, fill pads, work, and operations associated with
this project do not adversely affect upstream and/or downstream reaches. Adverse
effects include, but are not limited to, channel instability, flooding, and/or stream
bank erosion. The Permittee shall routinely monitor for these effects, cease all
work when detected, take initial corrective measures to correct actively eroding
areas, and notify this office immediately. Permanent corrective measures may
require additional authorization by the U.S. Army Corps of Engineers.
4) Culverts placed within wetlands must be installed in a manner that does not
restrict the flows and circulation patterns of waters of the United States. Culverts
placed across wetland fills purely for the purposes of equalizing surface water
shall not be buried, but the culverts must be of adequate size and/or number to
ensure unrestricted transmission of water.
18. CAMA Permit: The Permittee shall fully abide by all conditions of the CAMA
Major Development Permit No. 2-20, dated January 2, 2020, issued by the North
Carolina Division of Coastal Management, which are incorporated herein by reference.
19. Compliance Inspection: A representative of the Corps of Engineers will periodically
and randomly inspect the work for compliance with these conditions. Deviations from
these procedures may result in a directive to cease work until the problem is resolved to
the satisfaction of the Corps.

N0'1'lFl(`A'H0N t)ls' ADIti9INISTRATtVF, A1']'I AL 01)VI NS ,kN1) PROCESS AND
J QUI�S'1 FOIZ APPEAL
Applicant: 347 MCO, LLC File Number: SAW-2017 02531 Date: 1/27/2020
Attn: Roy E. Carroll JI
Attached is: See Section below
INITIAL PROFtandard Permit or Letter of ermission A
PROFFERED PERMIT Standard Permit or Letter ofpermission) B
PERMIT DENIAL - C
APPROVED JURISDICTIONAL DETERMINATION _ D
PRELIMINARY JURISDICTIONAL, Dl ,TERMINATION E
SECTION I -The lollowing identifies your and oplions regarding an administrative appeal of the above decision.
Additional information may be found at litt) /Lky))'w.usac_c.arii�nil/Missions/CivilWorks/ReLulatoryYrogramandPeimits.aspx or
Cot-ps regulations' at 33 CFR Part 33 1.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly, You must complete Section lI of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
R: PROFFERED PERMIT: You may accept or appeal the permit
■ ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive a]1 rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terns and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section lI of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.

SEC�'ION II ;REQUEST FOR A>�PEAI.. or QBJEC'�'I6NS TO=AN INITIAL PROFFEREIJ P�RIvI�T
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
PQI . QF CONTta CT FOR,QUES'IQNS 01_ URIVIA'TIQ _ _ X .._: ._
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Rachel Capito
CESAD-PDO
69 Darlington Ave
U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, NC 28403
60 Forsyth Street, Room 1 OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Rachel Capito, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-SI37

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Compensatory Mitigation Responsibility Transfer Form
Permittee: 347 MCO LLC, Roy E. Carroll II
Project Name: Carroll at the Avenue
Action ID: SAW-2017-02531
County: New Hanover County
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted imnacta Requiring Mitigation*: 8-digit HUC and Basin: 03030001, White Oak River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
F
70 1
0.47
_
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Comnencatnry Mitigation Requirements: 8-dleit HUC and Basin: 03030001, White Oak River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
140
0.94
Mitigation Site Debited: Lower Cape Fear Umbrella Mitigation Bank
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and i certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed
form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the
Permittee remains responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can
begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that
the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For
authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction
within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the
Sponsor must be provided to the USAGE within 30 days of permit issuance. NCDOT remains fully responsible
for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility
to ensure that the USAGE Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and
returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager
and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be
applied, as per current District guidance and a new version of this form must be completed and included in
the USACE administrative records for both the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1.
Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the
Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office,
Attn: Todd Tugwell, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (email:
[e-mail]. mil). Questions regarding this form or any of the permit conditions may be directed to
the USACE Project Manager below.
USACE Project Manager: Rachel Capito
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Email: [e-mail]
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional
assessments, and mitigation bank location and availability, and credit classifications (including stream temperature
and wetland groupings) is available at http://ribits.usace.army.mil.

Permit Class Permit Number
NEW 2-20
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermtt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to 347 MCO, LLC 201 North Elm Street, Greensboro, NC 27401
Authorizing development in New Hanover County adj to the headwaters of Howe Creek, at 347 Military
Cutoff Rd., in Wilmington , as requested in the permittee's application dated 7/11/19, including attached
workplan drawings (4), Sheets 1-4 of 4 all dated 5/10/19 and the Impervious Calculations dated 9/12/19.
This permit, issued on January 2, 2020 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Upland Development
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including the mixed -use
development and other associated infrastructure, all as expressly and specifically set forth in.the
attached permit application and workplan drawings.
2) This permit authorizes only the proposed upland development, as depicted in the attached permit
application, project narrative, and workplan drawings. Any other work or development proposed in
an Area of Environmental Concern (AEC), including but not limited to the Coastal Shoreline AEC
and located within the applicant's property, shall require a review and authorization from the
Division of Coastal Management prior to work commencing.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered Braxton C. Davis, Director
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on
This permit and its conditions are hereby accepted.
December 31, 2023
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

347 MCO LLC.
ADDITIONAL CONDITIONS
Stormwater Management
Permit No. 2-20
Page 2 of 3
3) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require
a Stormwater Management permit issued through the City of Wilmington. The permittee shall receive a
Stormwater Management permit from the City of Wilmington prior to the initiation of any. construction.
Any violation of the permit approved by the City of Wilmington shall be considered a violation of this
CAMA permit.
Sedimentation and Erosion Control
4) An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at
least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the
Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension,
Wilmington, NC 28405.
5) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
6) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.
General
7) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
8) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the US Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification 004208 and assigned the project DWR Project No. 2017-1606v2.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.

a ",
347 MCO LLC.
ADDITIONAL CONDITIONS
Permit No. 2-20
Page 3 of 3
NOTE: The permittee is advised that if water utilities or new wells are required to service the authorized
development, plans and specifications for all new waterlines should be submitted and approved
by the Public Water Supply Section prior to the initiation of construction. Furthermore, water
supply wells must be approved by the. county in which the subject property is located, and local
cross -connection requirements may be required. Public Water Supply can be contacted at (910)
796-7215.
NOTE: An application processing fee of $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

ROY COOPER
Governor
MICHAEL S. REGAN
Seeretorr
LINDA CULPEPPER
Director
347 MCO, LLC
ATTN: Mr. Roy Carroll, II
201 North Elm Street
Greensboro, NC 27401
NORTH CAROLINA
Environmental Quality
January 2, 2020
DWR # 20171606v2
New Hanover County
Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS —ADDENDUM CORRECTION
Carroll at the Avenue
USACE Action ID. No. SAW-2017-02531
Dear Mr. Carroll:
Attached hereto is a copy of No. WQC004208 issued to Mr. Roy Carroll, II and 347 MCO, LLC,
dated December 6, 2019. This Certification replaces the Certification issued on March 19,
2018. This addendum correction modifies the certification issued December 6, 2019 to clarify
the open water impacts in the impact table. Please note that you should get any other federal,
state or local permits before proceeding with the subject project, including those required by
(but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in General Statute 150E by filing a written petition for an administrative
hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at littp://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
.l..s
Q
�North Carnl_na 6epartmrnt of Environmental Qualtty i piwsiort of Water Resources
C��4E ;I/ North SalishurY Street ; I617 Mail Service Center ; Rafeigh. North Carolina 27649 IbI7
��panm 0 F� ­\ l "10 41Q.707 r40()()

Carroll at the Avenue
DWR Project #20171606v2
Individual Certification #WQC004208
Page 2 of 7
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Paul Wojoski at 919-707-3631 or [e-mail]
if you have any questions or concerns.
Sincerely,
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
cc: Kim Williams, Land Management Group (via email)
Rachel Capito, USACE Wilmington Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch file
Filename: 171606v2CarrollatTheAvenue(New_Hanover)_401_IC_Correction

Carroll at the Avenue
DWR Project #20171606v2
Individual Certification #WQC004208
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004208is issued in conformity with the requirements of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15
NCAC 02H .0500 to Mr. Roy Carroll, II and 347 MCO, LLC, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on May 28, 2019 and subsequent information on September 27, 2019 and
December 5, 2019 and by Public Notice issued by the U. S. Army Corps of Engineers and received
by the Division on June 13, 2019.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
404/401 Wetlands
Wetland Impact 1
0.44 (acres)
0.0 (acres)
Wetland Impact 2
0.03 (acres)
0.0 (acres)
Stream
Stream Impact 1
70 (linear feet)
0.0 (linear feet)__
Open Waters*
_
Pond
3.41 (acres)
0.0 (acres)
*Open Water Impacts are limited to conversion of open water, but will continue to function as open water. Any
additional impacts such os filling will require separate review and authorization.
2. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. Any modifications to the project require
notification to DWR and may require an application submittal to DWR with the appropriate
fee. [15A NCAC 02H .0501 and .0502]

Carroll at the Avenue
DWR Project #20171606v2
Individual Certification #WQC004208
Page 4 of 7
Because the stormwater management plan approved by the City of Wilmington is being used
to meet diffuse flow and nutrient treatment requirements on this project, you are required
to submit a digital copy of the approved stormwater management plan (SMP) including plan
details on scaled plan sheets with proof of the City's approval. The approved SMP shall be
submitted to Paul Wojoski of the DWR 401 and Buffer Permitting Branch at (
[e-mail] ) before any impacts authorized in this certification occur. After it
is approved, the SMP may not be modified without prior written authorization from the City
of Wilmington. If modified, a digital copy of the approval letter and the modified SMP shall
also be submitted to the DWR 401 & Buffer Permitting Branch (at the email address above)
prior to the commencement of the modifications.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized under this Certification.
[15A NCAC 02H .0501 and .05021
5. All construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973) and with the Coal Ash
Management Act of 2014. Sediment and erosion control measures should be installed prior
to any land clearing or construction. These measures should be routinely inspected and
properly maintained. Excessive silt and sediment loads can have numerous detrimental
effects on aquatic resources including destruction of spawning habitat, suffocation of eggs,
and clogging of gills of aquatic species.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
[15A NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. [15A NCAC 02B .0201]
8. Turbidity Standard —The turbidity standard of 50 NTUs (Nephelometric Turbidity Units)
shall not be exceeded as described in 15A NCAC 026 .0220. Appropriate sediment and
erosion control practices must be used to meet this standard. Turbidity curtains shall be
used as appropriate. Please notify the Wilmington Regional Office at [phone] if any
turbidity issues arise.

Carroll at the Avenue
DWR Project ##20171606v2
individual Certification #OWQC004208
Page 5 of 7
9. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
Stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
10. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NCSediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
11. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other
Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner
that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B
.0200 and 15A NCAC 02B .0231]
12. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state. 115A
NCAC 02B .0200]
13. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall not take place within 50 feet of a waterbody or
wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3)
and 15A NCAC 0213.0211(12)]
14. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3))
15. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum
spill less than 25 gallons that cannot be cleaned up within 24 hours.

Carroll at the Avenue
DWR Project #20171606v2
Individual Certification ##WQC004208
Page 6 of 7
16. The permittee shall report to the Wilmington Regional Office at [phone] (after hours
and on weekends call 877-623-6748) any noncompliance with this certification, any violation
of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the time
the applicant becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its causes; the period of noncompliance, including
exact dates and times, if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case -by -case basis
17. Mr. Roy Carroll, 11 and 347 MCO, LLC shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. [15A NCAC 02B .0200] 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.
Before modifying the Certification, the Division shall notify Mr. Roy Carroll, 11 and 347 MCO,
LLC and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC
02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H
.0504. Any new or revised conditions shall be provided to Mr. Roy Carroll, 11 and 347 MCO,
LLC in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any
Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project.
18. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available
on the DWR website https:Z/edocs.deq,nc.gov/Forms,/Certificate-of-Completion). [15A NCAC
02H .0502(f)]
19. If the property or project is sold or transferred, the new Permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502]
20. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or local approvals before proceeding with the project, including
those required by, but not limited to Sediment and Erosion Control, Non -Discharge, Water
Supply Watershed, and Trout Buffer regulations.

Carroll at the Avenue
DWR Project #20171606v2
Individual Certification #WQC004208
Page 7of7
21. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and
this Certification does not create any prescriptive right or any right of priority regarding any
usage of water. This Certification shall not be interposed as a defense in any action respecting
the determination of riparian or littoral rights or other rights to water use. No consumptive
user is deemed by virtue of this Certification to possess any prescriptive or other right of
priority with respect to any other consumptive user regardless of the quantity of the
withdrawal or the date on which the withdrawal was initiated or expanded.
22. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e))
23. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H .0506j
This the 2"d Day of January 2020
`Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
paw
WQC004208

APPENDIX B.
Site Photos

Carroll at the Avenue
Site Photos
Picture of existing wood log outlet weir
Close up of existing weir

Carroll at the Avenue
Site Photos
View of proposed additional RPW impact area (looking upstream from existing crossing)
View of proposed additional RPW impact area (looking downstream from existing weir)