20070587 Ver 2_401 Application_20120712

o7 -0S$-2 v9-
3 July 2012
Mr Ian McMillan
NC Division of Water Quality
1650 Mad Service Center
Raleigh NC 276991650
RE Kmgfish Bay Calabash NC
USACOE Action ID Number SAW 2006 20 / NC DWQ Project No 07 0587
Dear Ian
Thank you for your comments on the above referenced application for Water Quality General Certification
No 3886 1 have confirmed with the owner and the owner's agent that the property is owned by an Ohio
based company which is why the LLC is not registered with the NC Secretary of State As discussed in a
phone conversation with Laurie Dennison the owners mailing address is confirmed to be
Charles Buttle
PNC N A Financial Services
1900 E 9th Street 22nd Fir Mad Stop B7 YB13 22 1
Cleveland Ohio 44114
I have enclosed the application package which was previously returned Thank you for your assistance
Sincerely �5
2 2012
Ns a aA�H QU ry
Laura Stasavich
Land Management Group Inc
cc Mr Rob Davenport for Real Property Holding Brunswick County NC LLC
Encl as stated
www lmgroup net • info @lmgroup net • Phone [phone] • Fax [phone]
3805 Wrightsville Ave, Suite 15, Wilmington, NC 28403 P O Box 2522, Wilmington, NC
28402

LMG
LAND MANAGEMENT GROUP INC
Environmental Consultants 2 2012
�ENR
��lando GYq R
23 May 2012�^�
Ms Emily Hughes
US Army Corps of Engineers
Wilmington Regulatory Field Office """~�- -•.�"
69 Darlington Avenue
Wilmington NC 28403 r=�
Mr Ian McMillan
NC Division of Water Quality MAY 3 1 2012
1650 Mad Service Center
Raleigh NC 276991650
RE Kingfish Bay Calabash NC
USACOE Action ID Number SAW 2006 20 / NC DWQ Project No 07 0587
Dear Emily and Ian
On behalf of Real Property Holding Brunswick County NC LLC I am submitting a request for a
Nationwide Permit #14 and Water Quality General Certification 3886 for Kingfish Bay Calabash NC A
NWP 14 and the associated Water Quality Certification was originally issued to Wakefield Development
under Action ID number 2002 20 and DWQ Project No 07 0587 These permits authorized 0 246 acre of
wetland impact for construction of subdivision roads needed to access upland areas within the planned
residential development The NWP permit was issued on July 19 2007 and was set to expire on July 19
2010 During the life of the permit the property was assumed by the lender and is now held by their
company Real Property Holding Brunswick County NC LLC in July 2010 the permit was extended to
March 18 2012 at which time the permit was set to expire with the Nationwide Permit re authorizations
Due to the economic environment development of the subdivision was only partially completed including
the roads which have been partially cut and graded but not completed The current owner would like to
retain the ability to develop the subdivision as previously approved while they determine how to best
proceed with development of the subdivision There are no requested changes to the site plan or the
associated impacts from that of the previously approved plan Each road crossing for which wetland
impacts were approved provided access to upland areas of the subdivision that would otherwise be
inaccessible Design features such as the use of retaining walls will minimize wetland impact where
relatively steep changes in grade would have required large fill slopes There are no apparent revisions to
the recently reauthorized NWP 14 or the updated GC 3886 that would affect this project or the previously
approved impacts It is noted that the previous owner Wakefield Development satisfied the wetland
restoration requirement and payment was made to the NC Ecosystem Enhancement Program
Conservation of the remaining balance of wetlands was part of the formerly approved mitigation plan and is
proposed with this renewal (preliminary conservation map enclosed)

The jurisdictional determination (JD) for the property was also renewed in July 2010 and has an expiration
date matching that of the associated permit It is requested that the JD be renewed along with this current
permit application
The mailing address for the current owners is Cleveland Ohio (see agent authorization form) but it is
requested that copies all correspondence be sent to their local representative
Mr Rob Davenport
GS Carolina
5711 Six Forks Road Suite 102
Raleigh NC 27609
Enclosed are (1) an updated Pre Construction Notification form (2) an agent authorization form (3) an
application fee for NC DWQ (4) permit application figures as submitted with the original application package
(5) EEP receipt for mitigation payment and (6) copies of the Corps Wetland Determination and Rapanos
forms Please feel free to contact me if you have any questions or if I may be of any assistance in this
permit application
Sincerely
Apv----
Laura Stasavich
Land Management Group Inc
cc Mr Rob Davenport for Real Property Holding Brunswick County NC LLC
Mr Chad Coburn NC Division of Water Quality Wilmington Regional Office
Encl as stated
wm w Imgroup net info nlmgroup net Phone [phone] Fax [phone]
3805 Wrights,ille A-* e Suite 15, Wilmington NC 28403 P O Box 2522 Wilmington NC
28402

AGENT DISCLOSURE FORM
TO WHOM rr MAY CONCERN
Uwe, the undersigned, hereby authorize Land Management Group, Inc to act as our agent in the
preparation and representation of information "s�ub�miitt�ed� within the 401/404 and/or CAMA
applications and /or septic permits for the V41r�1 h pear &mSuA8 Pie site All questions in
regards to this project should be directed to Land Management Group Inc
Sincerely
Owner /Applicant Signature
Z3v7T /c
Pinit Name
z ?,116
Date

AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN
I/Ni e the undersigned, hereby authorize Land Management Group, Inc to act as our agent
in the determination of jurisdictional �N etland boundwes on the subject property,
� By quay of this form, Uwe additionally authorize access to the
site by iepiesentatives of the US Army Corps of Engweeis (COE) and/oi the NC
Division of Coastal Management (NC DCM) for the purpose of reviewing the flagged
wetland boundary and providing a final juirsdictronal determination Any questions
regarding the jurisdictional wetland determination should be directed to Land
Management Group, Inc
Please provide the follo-tvrng_information_
Property Address and Parcel ID Number
�3 ? De &J)A, iZoad 1 wa W sk 1 43c 029 q 7
l�adtt(
D4 OM600140(0
Current Propert) Owner Name lees„/ / ld�Qe/i T'ZA/ZdQ /le-
O�i ner Addr ess & Phone Number 4460 4 24A S -� , 1-4.41 C-,,.d
Please circle Yes or No for the follow irim estrons
We are the current oNinms � No
IAVe are under contract to purchase the subject propert) Yes ro
Wre are under option to purchase the subject property Yes ( O
(NOTE, Site access ~Sill be restricted wtbout notrcehutlrorrzatron b) current miner)
L• A&,0 d3 6 v 6l
Pnrrt Oa ner s frame
OLL6A�
O« net's Srgnatur e
(i equu ed for COE review of wetland delineation)
— � /9Z /D _
Date
Print Applicant s Frame
Applicant's Signature
Date

W A�^TF9OG
o �
01- 1) S8r) 02-
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 10
PCN Form — Version 1 3 December 10 2008 Version
Pre - Construction Notification (PCN) Form
A
Applicant Information
1
Processing
la
Type(s) of approval sought from the
Corps
®Section 404 Permit El Section 10 Permit
lb Specify Nationwide Permit (NWP) number 14 or General Permit (GP) number 3886
1c
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d
Type(s) of approval sought from the DWQ (check all that apply)
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
❑ Yes ® No
For the record only for Corps Permit
❑ Yes ® No
1f
Is payment into a mitigation bank or in lieu fee program proposed for mitigation
of impacts? If so attach the acceptance letter from mitigation bank or in lieu
fee program
® Yes
❑ No
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1 h
below
® Yes
❑ No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2
Project Information
2a
Name of project
Kmgfish Bay
2b
County
Brunswick
2c
Nearest municipality / town
Calabash NC
2d
Subdivision name
Kingfish Bay
2e
NCDOT only T I P or state
project no
N/A
3
Owner Information
3a
Name(s) on Recorded Deed
Real Property Holding Brunswick County NC LLC
3b
Deed Book and Page No
3c
Responsible Party (for LLC if
applicable)
Mr Charles Buttle
3d
Street address
1900 E 9th Street 22nd Floor Mad Stop B7 YB13 22 1
3e
City state zip
Cleveland OH 44114
3f
Telephone no
216 222 6021
3g
Fax no
3h
Email address
Page 1 of 10
PCN Form — Version 1 3 December 10 2008 Version

4
Applicant Information (if different from owner)
4a
Applicant is
® Agent ❑ Other specify
4b
Name
Mr Rob Davenport
4c
Business name
(if applicable)
GS Carolina
4d
Street address
5711 Six Forks Road Suite 102
4e
City state zip
Raleigh NC 27609
4f
Telephone no
919 846 5911
4g
Fax no
919 846 1644
4h
Email address
rob @gscarolma corn
5
Agent/Consultant Information (if applicable)
5a
Name
Laura Stasavich
5b
Business name
(if applicable)
Land Management Group Inc
5c
Street address
3805 Wrightsville Ave Suite 15
5d
City state zip
Wilmington NC 28403
5e
Telephone no
910 452 0001
5f
Fax no
910 452 0060
5g
Email address
Istasavich @lmgroup net
Page 2 of 10

B Project Information and Prior Project History
1 Property Identification
1a Property identification no (tax PIN or parcel ID)
2410001606
1 b Site coordinates (in decimal degrees)
Latitude 33 8915 Longitude 785597
(DD DDDDDD) ( DD DDDDDD)
1 c Property size
60 7 acres
2 Surface Waters
2a Name of nearest body of water (stream river etc ) to
Calabash River
proposed project
2b Water Quality Classification of nearest receiving water
SA (closed)
2c River basin
Lumber
3 Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
Property is largely undeveloped and was only partially developed under the former applicant (Wakefield Development) A
previously existing dirt road which is to be the main entrance road of the subdivision has been improved and paved
Several condominium buildings were constructed on the property near Beach Drive No other approved development has
been completed Adjacent uses are residential
3b List the total estimated acreage of all existing wetlands on the property
7 77 acre
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
Approx 1 000Ift
3d Explain the purpose of the proposed project
To develop a multi unit residential community
3e Describe the overall project in detail including the type of equipment to be used
Project would develop residential subdivision with multifamily and single family units Associated roads and utilities would
be installed Standard construction equipment for land based development
4 Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ❑ No ❑Unknown
project (including all prior phases) in the pasty
Comments
4b If the Corps made the jurisdictional determination what type
❑ Preliminary ® Final
of determination was made?
4c If yes who delineated the jurisdictional areas?
Agency /Consultant Company LMG Inc
Name (if known)
Other Stasavich
4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
Action ID 200600020 January 1 2006 with extension until March 18 2012
5 Project History
5a Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes explain in detail according to help file instructions
Current request is for renewal of previously authorized Nationwide 14 (there is no phasing of this project)
6 Future Project Plans
6a Is this a phased project?
❑ Yes ® No
6b If yes explain
Page 3 of 10
PCN Form — Version 1 3 December 10 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply)
® Wetlands ® Streams tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404 other)
(acres)
Temporary T
W1 ®P ❑ T
Fill
Pocosin
® Yes
❑ No
® Corps
❑ DWQ
006
W2 ®P ❑ T
Fill /Culvert
Pocosin
® Yes
❑ No
® Corps
❑ DWQ
0 057
W3 ®P ❑ T
Fill /Culvert
Pocosin
® Yes
❑ No
® Corps
❑ DWQ
0 088
W4 ® P ❑ T
Fill /Culvert
Pocosin
® Yes
0 N
® Corps
El DWQ
0 041
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g Total wetland impacts
0 246
2h Comments
3 Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number
(PER) or
(Corps 404 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ®P ❑ T
Fill /Culvert
UT of Calabash
® PER
® Corps
—2
—80
River
❑ INT
❑ DWQ
S3 ®P ❑ T
Fill /Culvert
UT of Calabash
® PER
® Corps
—2
--40
River
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P FIT
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
120 Ift
31 Comments Stream impacts associated with Wetland Impacts # 2 and # 3
Page 4 of 10

4 Open Water Impacts
If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of
the U S then indivi ua(ly list all open water impacts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f Total open water impacts
4g Comments
5 Pond or Lake Construction
If pond or lake construction proposed the complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f Total
5g Comments
5h Is a dam high hazard permit required?
❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
6 Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts
below If any impacts require mitigation then you MUST fill out Section D of this form
6a
❑ Neuse ❑ Tar Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
B1 ❑P ❑T
El Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
B3 ❑ P ❑ T
❑ Yes
❑ No
6h Total buffer impacts
61 Comments
Page 5 of 10

D
Impact Justification and Mitigation
1
Avoidance and Minimization
1a
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The 404 wetlands divide the property into three upland sections one to the north one to the southeast and one
to the southwest Impact 1 has been minimized by utilizing an existing crossing at that location and could not be
avoided because it is the main subdivision thoroughfare Impact 2 has been minimized by crossing the wetlands at
an existing dirt road which needed to be improved to provide access to an upland island Impact 3 is necessary to
access the southeast upland island and has been minimized by crossing at a narrow portion of the wetland
Impact 4 is necessary to access a nearly disconnected upland area on the west side of the property
1 b
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Due to a relatively large topographic change between wetland and upland at two of the wetland impact sites retaining
walls will be used in lieu of fill side slopes which greatly reduces the impact area
2
Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
2a
Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
® Yes ❑ No
2b
If yes mitigation is required by (check all that apply)
❑ DWQ ® Corps
2c
If yes which mitigation option will be used for this
project?
❑ Mitigation bank
®Payment to in lieu fee program
❑ Permittee Responsible Mitigation
3
Complete if Using a Mitigation Bank
3a
Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4
Complete if Making a Payment to In lieu Fee Program
4a Approval letter from in lieu fee program is attached
® Yes
4b
Stream mitigation requested
120 linear feet
4c
If using stream mitigation stream temperature
® warm ❑ cool ❑cold
4d
Buffer mitigation requested (DWQ only)
N/A square feet
4e
Riparian wetland mitigation requested
0 25 acres
4f
Non riparian wetland mitigation requested
N/A acres
4g
Coastal (tidal) wetland mitigation requested
N/A acres
4h
Comments
5
Complete if Using a Permittee Responsible Mitigation Plan
5a
If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
Page 6 of 10
PCN Form —Version 1 3 December 10 2008 Version

6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ❑ No
6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1
1
1 5
6f Total buffer mitigation required
6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank
permittee responsible riparian buffer restoration payment into an approved in lieu fee fund)
6h Comments
Page 7 of 10

E
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
1 a
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b
If yes then is a diffuse flow plan included? If no explain why
❑ Yes ❑ No
Comments
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
%
2b
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c
If this project DOES NOT require a Stormwater Management Plan explain why
2d
If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
A Coastal Stormwater Management Plan has been approved by NC DWQ Stormwater Program
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3
Certified Local Government Stormwater Review
3a
In which local government s jurisdiction is this project?
❑ Phase II
3b
Which of the following locally implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a
Which of the following state implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1 3 December 10 2008 Version

F
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
1a
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes
® No
use of public (federal /state) land?
lb
If you answered yes to the above does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c
If you answered yes to the above has the document review been finalized by the
State Clearing House? (If so attach a copy of the NEPA or SEPA final approval
❑Yes
❑ No
letter)
Comments
2
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated
Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
Is this an after the fact permit application?
❑ Yes
® No
2c
If you answered yes to one or both of the above questions provide an explanation of the violation(s)
3
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development which could impact nearby downstream water quality?
3b
If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered no provide a short narrative description
4
Sewage Disposal (DWQ Requirement)
4a
Clearly detail the ultimate treatment methods and disposition (non discharge or discharge) of wastewater generated from
the proposed project or available capacity of the subject facility
Municipal sewer is available
Page 9 of 10
PCN Form — Version 1 3 December 10 2008 Version

5
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a
Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b
Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c
If yes indicate the USFWS Field Office you have contacted
❑ Asheville
5d
What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC Habitat Conservation Program database and through previous approval of the currently authorized permit
6
Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitats
❑ Yes ® No
6b
What data sources did you use to determine whether your site would impact Essential Fish Habitat?
All work is in upland and in very small 2 wide un named streams
7
Historic or Prehistoric Cultural Resources (Corps Requirement)
7a
Will this project occur in or near an area that the state federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e g National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b
What data sources did you use to determine whether your site would impact historic or archeological resources?
Through previous approval of the currently authorized permit
8 Flood Zone Designation (Corps Requirement)
8a
Will this project occur in a FEMA designated 100 year floodplain?
❑ Yes ® No
8b
If yes explain how project meets FEMA requirements
8c
What source(s) did you use to make the floodplain determination?
L Stasavich
Land Management Group Inc
23 May 2012
Date
Applicant/Age t s S nature
Applicant/Agent s Printed Name
(Agents signature is valid only if an authorization letter from the applicant
is provided )
Page 10 of 10

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lot
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rs �-- •.",_�,,.,....– r -.� ' J Si�►iset Beach Fishm�
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0 0.25 0.5 1.0
Map Source: DELORME North Carolina Atlas & Gazetteer Scale 1" _ .5 mile
Land Management Group, Inc. Vicinity Map KINGFISH BAY
Environmental Consultants NW 14 Reauthorization Request Town of Calabash
Wilmington, N.C. May 2012 1 Brunswick County, NC

— r —+4
Map Source: Calabash, N.C., 1997, USGS 7.5' Topographic quadrangle
Land Management Group, Inc. 1997 Topographic Quad
Environmental consultants NW 14 Reauthorization Request
Wilmington, N.C. May 2012
art ` t V
.&
i • \'
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r•
x
i
fir+
w
0 1,333 2,666
SCALE 1" = 1,333'
KINGFISH BAY
Town of Calabash
Brunswick County, NC

"! J'00
�i
Map Source: Soil Survey of New Hanover County , N.0
Land Management Group, Inc. Generalized Soil Map
New Hanover County, NC
Environmental Consultants NW 14 Reauthorization Request
Wilmington, N.C. May 2012
J
0 1,333 2,E
SCALE 1" = 1,333'
KINGFISH BAY
Town of Calabash
Brunswick County, NC

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A%
U S ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID SAW 2006 00020 County Brunswick USGS Quad Calabash
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
PERMIT MODIFICATION
Property Ownei Real Property Holding Brunswick County, NC, LLC
C/o Mr Charles Buttle
Address 1900 E 9ih Street
Cleveland, Ohio 44114
Telephone No 216 222 -6021
Size and location of property (water body road name /number town etc ) The 60 7 acre tract is located adjacent to
Calabash Creek, south of and adjacent to Highway 179, west of Wilson Avenue, west of Wilson Cemetery Road, in
Calabash, Brunswick County, North Carolina
Description of projects area and activity This permit reauthorizes the discharge of fill material into 0 246 acres of
Section 404 wetlands and 54 If of stream to facilitate access to the Kingfish Bay development There will be no
deviations from the original permitted plans as dated July 19, 2007 (illustrations of four proposed crossin s
attached) Please see Special Conditions on the following page
Applicable Law ® Section 404 (Clean Water Act 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act 33 USC 403)
Authoi ization Regional General Permit Number
Nationwide Permit Number 14
Your Aork is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and vour submitted plans Any violation of the attached conditions or deviation from your submitted plans may
subject the permittee to a stop work order, a restoration order and /or appropriate legal action
This verification is valid until the NWP is modified reissued or revoked All of the existing NWPs are scheduled to be modified
reissued or revoked prior to March 18 2012 It is incumbent upon you to remain informed of changes to the NWPs We will issue a
public notice when the NWPs are reissued Furthermore if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA)
prior to beginning work you must contact the N C Division of Coastal Management
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal
State or local approvals /permits
If there are any questions regarding this verification any of the conditions of the Permit or the Corps of Engineers regulatory
proSram please contact Emil?--qughes at [phone]
Corps Regulatory Official
E %pnation Date of Verification March 1&Z012
Date July 16, 2010

The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so
please complete the Customer Satisfaction Survey located at our website at http / /ie-ulatoi� usacesui veycom/ to complete the sun ey
online
Determination of Jurisdiction
❑ Based on preliminary information there appear to be waters of the US including wetlands within the above described project area
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 33 1)
❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our
published regulations this determination may be relied upon for a period not to exceed five years from the date of this
notification
❑ There are waters of the US and /or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations this
determination may be relied upon for a period not to exceed five years from the date of this notification
® The jurisdictional areas within the above described project area have been identified under a previous action Please reference
jurisdictional determination issued January 6, 2006 Action ID SAW 2006 00020
Basis of Jurisdictional Determination This site contains a waterbodv that exhibits an ordinary high water mark and is the
Calabash River, a Navigable Water of the U S This site also exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and is adiacent to the Calabash River
Appeals Information (This information applies only to approved jurisdictional determinations)
Attached to this verification is an approved jurisdictional determination If you are not in agreement with that approved jurisdictional
determination you can make an administrative appeal under 33 CFR 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 following address
District Engineer Wilmington Regulatory Division
Attie Emily Hughes Project Manager
Wilminbton Regulatory Field Office
69 Darlington Ave
Wilmington North Carolina 28403 1398
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 District 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 (n /a
* *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence **
Corps Regulatory Official
Date July 16, 2010
Expiration Date March 18, 2012
SURVEY PLATS FIELD SKETCH WETLAND DELINEATION FORMS PROJECT PLANS ETC MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM IF REQUIRED OR AVAILABLE
Copy Furnished
Mi Rob Da,,enpoit 4011 Westchase Blvd Suite 175 Raleigh NC 27607
Laura Stasavich LMG Inc 3805 Wrightsville Ave Suite 15 Wilmington NC 28403
Chid Coburn NCDENR DWQ 127 Cardinal Drive Wilmington NC

•ot
ACTION ID # SAW 2006 00020
SPECIAL CONDITIONS
1) In of der to compensate for impacts to 0 24 acres of riparian wetlands and 54 0 linear feet of
stream channel, the permittee shall make payment to the North Carolina Ecosystem Enhancement
Program (NC EEP) in the amount determined by the NC EEP at a 1 I ratio, sufficient to perform
the restoration of 0 24 acres of riparian wetlands 54 0 linear feet of warm water stream in the
Lumber River Basin, Cataloging Unit 03040207 The permittee has made payment in full to the
NC EEP be receipt of check #1208 on September 6, 2007 and copy of payment documentation has
been received by the Corps
2) The permittee shall execute and cause to be recorded in the Brunswick County Register of Deeds a
Declaration of Restrictions and wetland preservation plat for the purpose of maintaining the
remaining 7 524 acres of wetlands and 642 5 linear feet of waters of the U S in their natural state
in perpetuity
The permittee shall enforce the terms of the Declaration, and, prior to the sale or conveyance of
the property, shall take no action on the property described in the Declaration inconsistent with
the terms thereof The permittee shall provide a copy of the recorded Declaration and
corresponding map to the Corps within 30 days of recording
Corps Regulatory Official
Date d

rs► Y
4Qs y s tem
ar fir
a �
PROGRAM
RECEIPT
September 7 2007
Jun Wiseman
Wakefield Development
10255 Beach Drive SW
Calabash NC 28467
Protect
County
DWQ#
COE#
EEP #
Amount Paid
Check Number
Kingfish Bay
Brunswick
070587
200620
ILF -2006 5004
$20,56775
1208
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 protect This receipt serves as notification that your compensatory mitigation iequirements 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 of authorization associated with this activity
The NCEEP by acceptance of this payment acknowledges that the NCEEP is responsible foi the compensatory mitigation
requirements associated with the protect 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 & II
CU
(linear feet)
(acres)
(Sq Ft)
Cold
Cool
Warm
Riparian
Non Riparian
Coastal Marsh
Lumber
0
0
54
025
0
0
0
03040207
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 [phone]
Sincerely
(�, ,-j � /Pil �,
William D Gilmore PE
Director
cc Cyndi Karoly Wetlands /401 Unit
Kum Garvey USACE Raleigh Thelma Hemmingway Wilmington
Lia Myott DWQ Raleigh
Laura Stasavich agent
File
Kul-or"19 rrK&Vw�tg Prot-" Our ft-a&
HD�EEHR-
North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net

EAd-
WJ 0LV11A
PROGRAM
INVOICE
August 23 2007 _ n
Jim Wiseman
Wakefield Dei elopment Job it
7246 $each Drive SW Budget Code
Ocean Isie NC 28469 Cost Code a*:Z, Piolect KingtishBi) Amount
County Bi unsivick roved DWQ# 07 0587 ��
COE# 200620 Date y_p�HER_ r_
EEP # ILF 2006 5004 pta�,� ACCT L1�A
1 ou have elected to satisfy the compensatory mitigation requirements of the Section 401/404 /CAIv1A permit(s) issued for the above
referenced project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP) Ill accordance with
15A NCAC 2H 0500 the amount you oil a is based upon the 2007 08 Fee Schedule End has been calculated as follows (Please note
payment for wetlands is calculated to increments of 0 25 acres) If you have any questions concerlmig this payment please call Kelly
Williams at [phone]
habitat T) pe Invoiced Amount ree Schedule Cost
Riparian Wetlands 0 25 acres % $ 29 35100 = $7 337 75
Stre -im 54 linear feet x $ 245 00 — $13 230 00
TOTAL AMOUNTDU>ilif paid witlnit 60 days $20,56775
If payment is not received within 60 days of the date of this invoice it iN ill expire Note that your permit(s) may require payment
before tilts date Subsequent im ones will be based on the fee schedule in effect on the date they are issued Please send a check
payable to NCEEP for the Total Amount Due to the Ippropi late address below and enclose a copy of this invoice
US Mail Physical Address (for other delivery services)
NCDFNR Ecosystem Enhancement Pi 091 am NCDENR Ecosystem Enhancemeut Pi ogram
1652 Mail Service Centei 2728 Capital Boulevard, Suite 111103
Raleigh, NC 27699 1652 Raleigh, NC 27604
Please note th it a payment made to NCEEP is not reimbursable unless i request for reimbursement is received within 12 months of
the date of the receipt Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or
authonz-ition have been rescuided If the account name on the check is not the sane is the pennit holder s n-ime, please include 1
signed statement by permit holder that the check is being written on behalf of and with frill hnoii ledge and authorization of the
permit holder,
I OTl AJUST BE I1 POSSESSION OI THE P 11 AIENT RECEIPT I'11011 NCEEP I RIOR TO CO}I1MINCING THL ACTT\ ITIES
AUTHORIZED BI THE DLPARTil1ENT Of AR \II 401 PERMIT AND/OR THE 401 M ATER QU LLITI CERTWICATION
cc Cyndi Karoly NCDWQ Wetlands /401 Unit
Kim Garvey USACE Wilinington Thelma Hemmingway Wilmington
Laura Stasavii li agent
file
torulu l E Prot" Ow Sa
04 E 4
North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 91 9 716 0476 / YAvw nceep net

c ~
U';F WITH COMPANION ENVELOPE 144005
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Wetland Adjacent to
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(187,816 sq.ft. or 4.3 -ac)
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(97,034 sq.ft. or 2.2 -ac) 1, / t,, . r r' [ f S or 0.3 -ac)
Approx. Limit of SVeam RPW x; ': i F `� ....�••• �,_.,�,,%� �, ' »,� ''> '•\ ��µ... '"�
per 10/12/2005 ACOE review
Wetlands Abuttin a RPW -- °,.L•1/
3,182 sq.ft. or 0.7 -ac ` ( NMAL HIGH AT ER 4 w p ! z
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Approx. Limit of Stream RP
per 10/12/2005 ACOE review
ands Awning a KNyy)
30,683 sq.ft. or 0.7 -ac
Wetland Conservation Areas, approx. 7.5 -ac.
. ... ... ..... *..]
Impact Areas Excluded from Conservation
Project: Kingfish Bay Date: 7 -15 -2010 Hevision Date:
LMG Nationwide 14 Permit Renewal
Applicant: Real Property Holding - Scale: Job Number:
LAND MANAGEMENT GROUPrnr' BrUnSWICI<COUnty, NC, LLC 1' =200' 01 -10 -090
Environmental Consultants
Post Office Box 2522 Title: Drawn By: Sheet Number:
Imin ton North Carolina 28402 Preliminary Wetland Conservation Map LES 1 of 1
Telephone: [phone]

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APPROVED JURISDICTIONAL DETERMINATION FORM
U S Army Corps of Engineers
This form should be completed by followin, the instructions provided in Section IV of the iD Fonn Instructional Guidebook
SECTION i BACKGROUND INFORMATION
A REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD) January 6 2006
B DISTRICT OFFICE FILE NAME AND NUMBER Wilmington Kingfish Bay Action ID 200600020
C PROJECT LOCATION AND BACKGROUND INFORMATION
State NC County /parish/borough Brunswick City Town of Calabash
Center coordinates of site (lat/long in degree decimal format) Lat 33 89135 N Long 78 55852 E
Universal Transverse Mercator
Name of nearest waterbody Calabash River
Naive of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows Calabash River
Name of watershed or Hydrologic Unit Code (HUC) Carolina Coastal Sampit Watershed 0304027
® Check if snap /diagram of review area and /or potential Jurisdictional areas is /are available upon request
❑ Check if other sites (e g offsite mitigation sites disposal sites etc ) are associated with this action and are recorded on a
different JD form
D REVIEW PERFORMED FOR SiTE EVALUATION (CHECK ALL THAT APPLY)
❑ Office (Desk) Determination Date
® Field Determination Date(s) 10/12/2005 Mr Ronnie Smith
SECTION 11 SUMMARY OF FINDINGS
A RHA SECTION 10 DETERMINATION OF JURISDICTION
There Are navigable waters of the U S within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 319) in the review
area [Required]
® Waters subject to the ebb and flow of the tide
r-1 Waters are presently used or have been used in the past or may be susceptible for use to transport interstate or foreign commerce
Explain
B CWA SECTION 404 DETERMINATION OF JURISDICTION
There Are waters of the U S within Clean Water Act (CWA) Jurisdiction (as defined by 33 CFR part 328) in the review area [Required]
Waters of the U S
a Indicate presence of w aters of U S in review area (check all that apply) '
® TNWs including territorial seas
® Wetlands adjacent to TNWs
® Relatively pennanent waters (RPWs) that flow directly or indirectly into TNWs
❑ Non RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly Into TNWs
® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non RPWs that flow directly or indirectly into TNWs
❑ Impoundments of Jurisdictional waters
❑ Isolated (interstate or intrastate) waters including isolated wetlands
b Identify (estimate) size of w aters of the U S in the review area
Non wetland waters linear feet width (ft) and /or acres
Wetlands 7 7 acres
Limits (boundaries) of jurisdiction based on 1987 Delineation Manual
Elevation of established OHWM (if known) NHW per NC CAM vegetation criteria averages between +2 MSL and +4 MSL
2 Non regulated haters /wetlands (check ►f applicable) 3 pp��,
❑ Potentially Jurisdictional waters and /or wetlands were asserted "ithin the review area and deteninned to be not jurisdictional
Explain
BOXIS checked blow shall be supported by conipleun, the appiopi late sections in Section III below
Foi purposes of this form an RPW is defined as a tril utary that is not a TNW and that typically (lows ycai sound of has continuous flow at least seasonally
(e € typically 3 months)
Suppoitm, documentation is piescntLd in Section III F

SECTION 111 CW k ANALI SIS
A TNNN's AND V1 ETLANDS ADJACENT TO TNWs
The agencies -4 ill assert jurisdiction over TNWs and wetlands adjacent to TNWs If the aquatic resource is a TNO1 complete
Section iii A I and Section III D 1 only if the aquatic resource is a wetland adjacent to a TNW complete Sections III A 1 and 2
and Section III D 1 otherwise see Section III B below
1 TNW
Identify TNW Calabash River
Summarize rationale supporting determination The Calabash River is Section 10 Waters with a federally maintained channel
located just downstream of this property
2 Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is adjacent Semi diurnal coastal marsh fringes the Calabash River
along the southern property boundary and is adjacent to the TNW by definition of a fringing wetland Non coastal marsh wetland is located
just landward of coastal marsh but is still adjacent to the marsh and to the Calabash River
B CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY) PIN
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands if any and it
determine whether or not the standards for jurisdiction established under Rapanos have been met
The agencies will assert jurisdiction over non navigable tributaries of TNWs where the tributaries are relatively permE
,Aaters (RPWs) i e tributaries that typically flow year round or have continuous flow at least seasonally (e g typically
months) A wetland that directly abuts an RPW is also jurisdictional If the aquatic resource is not a TNW but has year
(perennial) flow skip to Section III D 2 If the aquatic resource is a wetland directly abutting a tributary with perennial
skip to Section III D 4
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation Corps d►st lets and
EPA regions will include in the record any available information that documents the existence of a significant nexus bet een a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water even
though a significant nexus finding is not required as a matter of law
If the waterbody4 is not an RPW or a wetland directly abutting an RPW a JD will require additional data to determ►n ►f the
Haterbody has a significant nexus with a TNW If the tributary has adjacent wetlands the significant nexus evaluation ust
consider the tributary in combination with all of its adjacent wetlands This significant nexus evaluation that combines for
analytical purposes the tributary and all of its adjacent wetlands is used whether the review area identified in the JD r quest is
the tributary or its adjacent wetlands or both If the JD covers a tributary with adjacent wetlands complete Section 1.1 B 1 for
the tributary Section Ill B 2 for any onsite wetlands and Section ill B 3 for all wetlands adjacent to that tributary b h onsite
and offsite The determination whether a significant nexus exists is determined in Section III C below
1 Characteristics of non TNWs that flow directly or indirectly into TNW
(►) General Area Conditions
Watershed size Pick List
Drainage area Pick List
Average annual rainfall inches
Avei age annual snowfall inches
(u) Physical Characteristics
(a) Relationship with TNW
❑ Tributary flows directly into TNW
❑ Tributary flows through Pick List tributaries before enterma TNW
Project waters are Pick List river miles from TNW
Project waters are Pick List river miles from RPW
Project waters are Pick List aerial (straibht) miles from TNW
Project waters are Pick List aerial (straight) miles from RPW
Project waters cross or serve as state boundaries Explain
Note that the Imtruclional Guidebook contains additional information ic, aiding swales ditches washes and eiosu nal features gLneially and in the and
West

Identify flow route to TNW
Tributary stream order if known
(b) General Tributary Characteristics (check all that aonivl
Tributary is ® Natural
❑ Artificial (man made) Explain
❑ Manipulated (man altered) Explain
Tributary properties with respect to top of bank (estimate)
Average width feet
Average depth feet
Average side slopes Pick List
Primary tributary substrate composition (check all that apply)
❑ Silts ® Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation Type //o cover
❑ Other Explain
Tributary condition /stability [e g highly erodmg sloughing banks] Explain
Presence of run/riffle /pool complexes Explain
Tributary geometry Pict. List
Tributary gradient (approximate average slope) °/
(c) Flow
Tributary provides for Pick List
Estimate average number of flow events in review area/year Pick List
Describe flow regime
Other information on duration and volume
Surface flow is Pick List Characteristics
N/A
Subsurface flow Pick List Explain findings
❑ Dye (or other) test performed
Tributary has (check all that apply)
❑ Bed and banks
❑ OHWM6 (check all indicators that apply)
❑ clear natural line impressed on the bank
❑
the presence of litter and debris
❑ changes in the character of soil
❑
destruction of terrestnal vegetation
❑ shelving
❑
the presence of wrack line
❑ vegetation matted down bent or absent
❑
sediment sorting
❑ leaf litter disturbed or washed away
❑
scour
❑ sediment deposition
❑
multiple observed or predicted flow
❑ water staining
❑
abrupt change in plant community
❑ other (list)
❑ Discontinuous OHWM 7 Explain
if factors other than the OHWM were used to determ
❑ High Tide Line indicated by ❑
❑ oil or scum line along shore objects
❑ fine shell or debris deposits (foreshore)
❑ physical markin ,s /characteristics
❑ tidal gauges
❑ other (list)
ine lateral extent of CWAjurisdiction (chec all that apply)
Mean High Water Mark indicated by
❑ survey to available datum
❑ physical markings
❑ vegetation lines /changes in vegetation ypes
(m) Chemical Characteristics
Characterize tributary (e g water color is clear discolored oily film water quality general watershe characteristics etc )
Explain
identify specific pollutants if known
Fk w route can he described by identifym e g ti butary a which flows thiou,h the ieview area to flow into tributary b which then flows into TNW
A natural or roan made discontinuity in the OHWM does not necessarily sever tui rsdictron (e g where thL stream temporarily flows undei ground or whei e
the OHWM has been ienloved by devefopmcnt or a i icultuia] practices) Whei e thei e Is a break in the OHWM that is unrelated to the waterbody s flow
ieL,mie (e flow over a rock outci op of through a culvert) the d encies will lo( k for indicators of flow above and below the bieak
'Ibid

(n) Biological Charactei ►sties Channel supports (check all that apply)
❑ Riparian corridor Characteristics (type average width) I`► 1 ,
❑ Wetland frm,e Characteristics
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fish /spawn areas Explain findings
❑ Other environmentally sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
2 Characteristics of wetlands adjacent to non TNW that flow directly or indirectly into TNW
(►) Ph} s►cal Characteristics
(a) General Wetland Characteristics
Properties
Wetland size acres
Wetland type Explain
Wetland quality Explain
Project wetlands cross or serve as state boundaries Explain
(b) General Flow Relationship with Non TNW
Flow is Pick List Explain
Surface flow is Pick List
Characteristics
Subsurface flow Pick List Explain findm,s
❑ Dye (or other) test performed
(c) Wetland Adjacency Determination with Non TNW
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection Explain
❑ Ecological connection Explain
❑ Separated by berm/barrier Explain
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW
Project waters are Pick List aerial (straight) miles from TNW
Flow is from Pick List
Estimate approximate location of wetland as within the Pick List floodplain
(u) Chemical Characteristics
Characterize wetland system (e g water color is clear brown oil film on surface water quality general
characteristics etc ) Explain
identify specific pollutants if known
(iii) Biological Characteristics Wetland supports (check all that apply)
❑ Riparian buffer Characteristics (type average width)
❑ Vegetation type /percent cover Explain
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fish /spawn areas Explain findings
❑ Other environmentally sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
3 Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(-) being considered in the cumulative analysis Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis

For each wetland specify the following
Directly abuts9 (Y/N) Size (in acres) Directly abuts9 (Y /NJ Size i acres
Summarize overall biological chemical and physical functions being performed
C SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical phi sical and biological integrity
of a TNW For each of the following situations a significant nexus exists if the tributary in combination with all of its adjacent
wetlands has more than a speculative or insubstantial effect on the chemical phi sical and /or biological integrity of a TNW
Considerations when e%aluatmg significant nexus include but are not limited to the volume duration and frequency of the flow
of Hater in the tributary and its proximity to a TNW and the functions performed by the tributary and all its adjacent
wetlands It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e g between a
tributary and its adjacent wetland or between a tributary and the TNV1) Similarly the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus
Draw connections between the features documented and the effects on the TNW as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook Factors to consider include for example
Does the tributary in combination with its adjacent wetlands (if any) have the capacity to carry pollutants or flood waters to
TNWs or to reduce the amount of pollutants or flood waters reaching a TNW?
Does the tributary in combination with its adjacent wetlands (if any) provide habitat and lifecycle support functions for fish and
other species such as feeding nesting spawning or rearing young for species that are present in the TNW?
Does the tributary in combination with its adjacent wetlands (if any) have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
Does the tributary in combination with its adjacent wetlands (if any) have other relationships to the physical chemical or
biological integrity of the TNW?
Note the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below
1 Significant nexus findings for non RPW that has no adjacent wetlands and flows directly or indirectly into TNWs Explain
findings of presence or absence of significant nexus below based on the tributary itself then go to Section III D
2 Significant nexus findings for non RPW and its adjacent wetlands where the non RPW flows directly or indirectly into
TNWs Explain findings of presence or absence of significant nexus below based on the tributary in combination with all of its
adjacent wetlands then go to Section III D
3 Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW Explain findings of
presence or absence of significant nexus below based on the tributary in combination with all of its adjacent wetlands then go to
Section III D
D DETERMINATIONS OF JURISDICTIONAL FINDINGS THE SUBJECT WATERS /WETLANDS ARE (CHECK ALL
THAT APPLY)
1 TNWs and Adjacent Wetlands Check all that apply and provide size estimates in review area
® TNWs 2 136 linear feet width (ft) Or acres
® Wetlands adjacent to TNWs 0 33 acres
RPWs that flow directly or indirectly into TNWs
® Tributaries of TNWs where tributaries typically flow year round are jurisdictional Provide data and rationale indicating that
tributary is perennial RPWs as indicated on enclosed drawing were detennmed to be perennial streams by ACOE at rime of
1005 site review for.jurisdictional limits
❑ Tributaries of TNW where tributaries have continuous flow seasonally (e g typically three months each year) are
jurisdictional Data supporting this conclusion is provided at Section III B Provide rationale indicating that tributary flows
seasonally

Provide estimates for jurisdictional waters in the reN iew area (check all that apply)
® Tnbutary waters —1083 linear feet width (ft)
❑ Other non wetland waters acres
Identify type(s) of waters
Non RPWs8 that flow directly or indirectly into TNWs 1J l
❑ Waterbody that is not a TNW or an RPW but flows directly or indirectly into a TN and it has a significant nexus with a
TNW is jurisdictional Data supporting this conclusion is provided at Section IiI C
Provide estimates for jurisdictional waters within the review area (check all that apply)
❑ Tnbutary waters linear feet width (ft)
❑ Other non wetland waters acres
Identify type(s) of waters
4 Wetlands directly abutting an RPW that flow directly or indirectly into TNWs
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands
® Wetlands directly abutting an RPW where tnbutaries typically flow year round Provide data and rationale
indicating that tributary is perennial in Section III D 2 above Provide rationale indicating that wetland is
directly abutting an RPW Wetlands are the floodplain of streams (RPWs) indicated on the enclosed drawing and
are located in the topographic low points or drainage areas of the property
❑ Wetlands directly abutting an RPW where tributanes typically flow seasonally Provide data indicating that tributary is
seasonal in Section III B and rationale in Section III D 2 above Provide rationale indicating that wetland is directly
abutting an RPW
Provide acreage estimates for junsdictional wetlands in the review area 1 2 acres
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs
® Wetlands that do not directly abut an RPW but when considered in combination with the tnbutary to which they are adjacent
and with similarly situated adjacent wetlands have a significant nexus with a TNW are junsidictional Data supporting this
conclusion is provided at Section III C
Provide acreage estimates for junsdictional wetlands in the review area 6 5 acres
Wetlands adjacent to non RPWs that flow directly or indirectly into TNWs ti I
❑ Wetlands adjacent to such waters and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands have a significant nexus with aTNW re jurisdictional Data supporting this
conclusion is provided at Section III C
Provide estimates for jurisdictional wetlands in the review area acres
Impoundments of jurisdictional waters 9
As a general rule the impoundment of a jurisdictional tributary remains jurisdictional
❑ Demonstrate that impoundment was created from waters of the U S or
❑ Demonstrate that water meets the criteria for one of the categories presented abo e (1 6) or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below)
E ISOLATED [INTERSTATE OR INTRA STATE] MATERS INCLUDING ISOLATED WETLANDS THE USE
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPL1) 10 N1 1
❑ which are or could be used by interstate or foreign travelci s for reci eational or other purposes
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce
❑ which are or could be used for industrial purposes by industries in interstate commerce
❑ interstate isolated waters Explain
❑ Other factors Explain
Sec Footnote # 3
To complete the analysis i efei to the key in Section 111 D 6 of the Instructional Guidebook
Prior to asset ling or dtchnni CNN A Jurisdiction based solch on this vitegor� Corps Districts Kill cle,.ate the action to Corps and EPA HQ for
reN iew consistent Guth the process described in the Corps /EPA A4tmoiat diun Re�aidin CN A Act hiricrliction Fallon ui Rapanac

identify Hater body and summarize rationale supporting determination
Provide estimates for Jurisdictional waters in the review area (check all that apply)
❑ Tnbutary waters linear feet width (ft)
❑ Other non wetland waters acres
Identify type(s) of waters
❑ Wetlands acres
F NON JURISDICTIONAL WATERS INCLUDING WETLANDS (CHECK ALL T T APPLY)
❑ If potential wetlands were assessed within the review area these areas did not meet & e criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements
❑ Review area included isolated waters with no substantial nexus to interstate (or foreib ) commerce
❑ Prior to the Jan 2001 Supreme Court decision in SWANCC the review area would have been regulated based solely on the
Migratory Bird Rule (MBR)
❑ Waters do not meet the Significant Nexus standard where such a finding is require for Jurisdiction Explain
❑ Other (explain if not covered above)
Provide acreage estimates for non Jurisdictional waters in the review area, where the sole p tential basis of Jurisdiction is the MBR
factors (i a presence of migratory birds presence of endangered species use of water for i gated agriculture) using best professional
Judgment (check all that apply)
❑ Non wetland waters (i e rivers streams) linear feet width (ft)
❑ Lakes /ponds acres
❑ Other non wetland waters acres List type of aquatic resource
❑ Wetlands acres
Provide acreage estimates for non Jurisdictional waters in the review area that do not meet th� Significant Nexus standard where such
a finding is required for Jurisdiction (check all that apply)
❑ Non wetland waters (i a rivers streams) linear feet width (ft)
❑ Lakes /ponds acres
❑ Other non wetland waters acres List type of aquatic resource
❑ Wetlands acres
SECTION IV DATA SOURCES
A SUPPORTING DATA Data reviewed for JD (check all that apply checked items shall be included in case file and where checked
and requested appropriately reference sources below)
® Maps plans plots or plat submitted by or on behalf of the applicant /consultant
® Data sheets prepared /submitted by or on behalf of the applicant/consultant
❑ Office concurs with data sheets /delineation report
❑ Office does not concur with data sheets /delineation report
❑ Data sheets prepared by the Corps
❑ Corps navigable waters study
❑ U S Geological Survey Hydrologic Atlas
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps
® U S Geological Survey map(s) Cite scale & quad name
® USDA Natural Resources Conservation Service Soil Survey Citation
❑ National wetlands inventory map(,) Cite name
❑ State /Local wetland inventory inap(s)
❑ FEMA/FIRM maps
❑ 100 yeai Floodplain Elevation is (National Geodectic Vertical Datum of 1929)
❑ Photographs ❑ Aerial (Name & Date)
or ❑ Other (Name & Date)
® Previous determmation(s) File no and date of response letter
❑ Applicable /Supporting case law
❑ Applicable /supporting scientific literature
❑ Other information (please specify)
B ADDITIONAL COMMENTS TO SUPPORT JD

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
P gjec 0 SiLe +/ 85 ac l,wy 170 Ca abash NC
Date May 11, 2005
County Brunswick
Applicant / Owner Mark Smith Generation Builders, INC
Investigator l- Stasavich / P Farley
State N c.
Do normal circumstances exist on the site? Yes X No
Community ID
Is the site significantly disturbed (Atypical situation)? Yes Nom_
Transect ID
Is the area a potential problem area? Yes No X
Plot ID
(explain on reverse if needed)
Pt. 1 Upland
VEGETATION
Dominant Plant Species Stratum Indicator
Dominant Plant Species Stratum Indicator
1 Quersus nigra Tree FAC
9
2 Liquidambar styraciflua Shrub FAC+
10
3 Quercus spp Shrub
11
4 Mynca cenfera Shrub FAC+
12
5 Liquidambar styraciflua Herb FAC+
13
6 Vitus rotundifolia Herb FAC
14
7
15
g
16
Percent of Dominant Species that are OBL FACW or FAC excluding FAC ) 100/-
Remarks Wetland Vegetation Present Based Upon Greater than 50 A of the Plant Specieka-7901re not
Classified as FAC OBL in the National List of Plant Species that Occur in Wetlands Sample of was taken
HYDROLOGY
X Recorded Data (Describe In Remarks)
Wetland Hydrology Indicators
Stream Lake or Tide Gauge
X Aerial Photographs
Primary Indicators
Other
_ Inundated
_
_Saturated in Upper 12
No Recorded Data Available
_ Water Marks
_ Drift Lines
Field Observations
_ Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water None (in)
Secondary Indicators
Oxidized Roots Channels in Upper 12
Depth to Free Water in Pit '12 fin)
_ Water - Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil >12 (in)
_ FAC Neutral Test
_ Other (Explain in Remarks)
Remarks

SOILS
Map Unit Name
(Series and Phase) Bayameade fine sand
Drainage Class well drained
Taxonomy (Subgroup) Arenic Hapludults
Confirm Mapped Type? Yes_ NoX
Profile Description
Depth Matrix Colors Mottle Colors
Mottle Texture Concretions
inches Horizon (Munseil Moist) (Munsell Moist) Abundance /Contrast Structure etc
04 A 10 YR 4/2
sandy
410 E 10YR 7/2
sandy
10+ E 10 YR 713
sandy
Hydric Soil Indicators
Histosol _
Concretions
_
_ Histic Epipedon _
High Organic Content in Surface Layer in Sandy Soils
Odor _Organic
Streaking in Sandy Sods
_Sulfidic
Aquic Moisture Regime _Listed
On Local Hydnc Soils List
_ Reducing Conditions _Listed
on National Hydnc Soils List
_ Gleyed or Low Chroma Colors _
Other (Explain in Remarks)
Remarks
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes X No Is the Sampling Point
Wetland Hydrology Present? Yes — No X Within a Wetland? Yes_ No X
Hydric Soils Present? Yes _ No X
Remarks Location (describe) i s no lassified as a wetland based upon the criteria set forth in the 1987
Army Corps of Engineers Wetlands De ineation Manual
Applicant / Owner Mark Smith Agent Land Management Group Inc
Generation Builders Inc PO Box 2522
5932 Tarleton Dr Wilmington NC 28402
Oak Ridge NC 27310 910 -452 0001

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Projec.I Site 85 ac Hwy 179 Calabash NC Date May 2005
Applicant I Owner Mark Smith Generation Builders INC County Brunswick
Investigator L Stasavich / P Farley State N C
Do normal circumstances exist on the site? Yes X No Community ID
Is the site significantly disturbed (Atypical situation)? Yes No Transect ID
Is the area a potential problem area? yes No X Plot ID
(explain on reverse if needed) Pt. 2 Wetland
VEGETATION
Dominant Plant Species Stratum Indicator
Dominant Plant Species Stratum Indicator
1 Nyssa sylyat►ca Tree FAG
9
2 Nyssa sylyatica Shrub OBL
10
_
3 Acer rubrum Tree FAC
11
4 Fraxinus pennsylvanica Tree FACW
12
5 Lyonia lucida Shrub FACW
13
6 —
14
7
15
g
1&
Percent of Dominant Species that are OBL, FACW or FAC excluding FAC) 100%
Remarks Wetland Vegetation Present Based Upon Greater than 50 A of the Plant Speciekarpare not
Classified as FAC OBL in the National List of Plant Species that Occur in Wetlands Sample of was taken
HYDROLOGY
X Recorded Data (Describe In Remarks)
Wetland Hydrology Indicators
Stream Lake or Tide Gauge
X Aerial Photographs
Primary Indicators
Other
Inundated
X Saturated in Upper 12
— No Recorded Data Available
_ Water Marks
Drift Lines
Sediment Deposits
Field Observations
—
X Drainage Patterns in Wetlands
Depth of Surface Water None (in)
Secondary Indicators
Oxidized Roots Channels in Upper 12
Depth to Free Water in Pit +3 (in)
_
_ Water Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil + surface (in)
X "FAC- Neutral Test
_ Other (Explain in Remarks)
Remarks

SOILS
Map Unit Name
(Series and Phase) Muckalee loam
Drainage Class poorly drained
Taxonomy (Subgroup) Typic Fluvaquents
Confirm Mapped Type? Yes_ NoX
Profile Description
Depth Matnx Colors Mottle Colors
Mottle Texture Concretions
inches Horizon (Munseil Moist) (Munsell Moist) Abundance /Contrast Structure, etc
012 A 10 YR 3/1
muck loam
Hydnc Soil Indicators
Hrstosoi
Concretions
_
_ Histic Epipedon X
High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor ,Organic
Streaking in Sandy Soils
_
Aquic Moisture Regime _Listed
On Local Hydnc Soils List
Reducing Conditions _Listed
on National Hydnc Soils List
X Gleyed or Low Chroma Colors —Other
(Explain in Remarks)
Remarks
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes X No Is the Sampling Point
Wetland Hydrology Present? Yes X No Within a Wetland? Yes No
Hydric Soils Present? Yes X No
Remarks Location (descri is j§ not classified as a wetland based upon the criteria set forth in the 1987
Army Corps of Engineers Wetlandneation Manual
Applicant / Owner Mark Smith Agent Land Management Group Inc
Generation Builders Inc PO Box 2522
5932 Tarleton Dr Wilmington NC 28402
Oak Ridge NC 27310 910-452 0001

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
P olect 1 Site T/ 85 ac Hwv 179 Calabash NC
Date May 1. 2005
Applicant / Owner Mark Smith Generation Builders, INC
County Brunswick
Investigator L Stasavich / P Farley
State N.C.
Do normal circumstances exist on the site? Yes X No
Community ID
Is the site significantly disturbed (Atypical situation)? Yes Nom_
Transect ID
Is the area a potential problem area? Yes No X
Plot ID
(explain on reverse if needed)
Pt 1 Wetland
VEGETATION
Dominant Plant Species Stratum Indicator
Dominant Plant Species Stratum Indicator
1 Spartina altemiflora H OBL
g
2 Spartina patens H FACW
10
3 Juncus roemenanus H OBL
11
4 Bornchia fructescens H/S OBL
12
6
13
6
14
7
15
8
16
Percent of Dominant Species that are OBL FACW or FAC excluding FAC } 1000/
Remarks Wetland Vegetation Present Based Upon Greater than 5010 of the Plant Specie are re not
Classified as FAC OBL in the National List of Plant Species that Occur in Wetlands Sample of was taken
HYDROLOGY
Recorded Data (Describe In Remarks)
Wetland Hydrology Indicators
Stream Lake or Tide Gauge
— Aerial Photographs
Primary Indicators
Other
_ Inundated
_Saturated in Upper 12
X No Recorded Data Available
_ Water Marks
_ Drift Lines
Field Observations
_ Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water 05 (in)
Secondary Indicators
_ Oxidized Roots Channels in Upper 12
Depth to Free Water in Pit 0 (in)
_ Water- Stained Leaves
— Local Soil Survey Data
Depth to Saturated Soil 0 (in)
_ FAC Neutral Test
_ Other (Explain in Remarks)
Remarks
Note Wetland is semidiurnal coastal marsh Water levels vary above and below ground surface with tides

SOILS
Map Unit Name
(Series and Phase) Carteret sand
Taxonomy (Subgroup) Typic psammaguents
Drainage Class very poorly drained
Confirm Mapped Type? Yes_ NoX
Profile Description
Dep h Motnx Colors Mottle Colors
Mottle 'exture Concretions
inches Horizon (Munsell Moist) (Munseii Moist) Abundance /Contrast Structure, etc
08 A 10YR3/2 75YR3/3
Is g f
820 CG 5N
1. g f
Hydnc Soil indicators
Htstosol _
Concretions
_
_ Hisbc Epipedon —High
Organic Content in Surface Layer in Sandy Sods
Suliidic Odor
Organic Streaking in Sandy Soils
_
_ Aquic Moisture Regime _Listed
On Local Hydnc Soils List
_ Reducing Conditions
Listed on National Hydnc Soils List
_ Gleyed or Low Chroma Colors —Other
(Explain in Remarks)
Remarks sutfidic odo gleyirg sand redox
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes X Is the Sampling Point
Wetiand Hydrology Present? Yes No Within a Wetland? YesX No
Hydric Soils Present? Yes X No
Remarks Location (describ is not classified as a wetland based upon the criteria set forth in the 1987
Army Corps of Engineers Wetlands a meation Manual
Applicant / Owner Mark Smith
Generation Builders Inc
5932 Tarleton Dr
Oak Ridge NC 27310
Agent Land Management Group Inc
PO Box 2522
Wilmington NC 28402
910-452 0001

1`
Wetland Adjacent to
RPW
(187,816 sq.ft. or 4.3 -ac)
✓ to .
t
ti
v!�
` Approx. Limit of Stream (RPW)
I per 10/12/2005 ACOE review
r
#
/ e
.......:................ :• '�'�'. Wetland Adjacent to
1, Calabash River
(14
. 64 sq.ft. or 0.03 -ac)
s %.
.! ................ .... w`
. , . r .. t
r '`•s °`R along southern property edge,
Fringing and adjacent to the
s • - • - •: 1 Calabash River
..�i
Wetland Adjacent
Wetland Adjacent to Calabash River
I +
RPW t� } ; (13.157 sq.ft.
(97,034 sq.ft. or 2.2 -ac) or 0.3 -ac)
=;>a
5
Approx. Limit of Stream RPW
per 10/12/2005 ACOE review
Wetlands Abuttin a RPW
3,182 sq.ft. or 0.7 -ac NORMAL HIGH WATER '
Approx. Limit of Stream RP « -
per 10/1212005 ACOE review _-
Wetlands Abutting a RPW
30,683 sq.ft. or 0.7 -ac
CAS -ABP of tide Sh�� 06 \�
cho��e� °hp9h ids 10'41�m1,12 -06
1 51MS� W.1e�e� ` `oWtlae 3.1��m
,3 S�-
\41A eve
Wetlands, 7.7 -ac.
RPWs /Streams as determined by ACOE, 10 -12 -2005
Approx. 1,083 -Ift total > NHW
Project: Kingfish Bay Date: Revision Date:
Calabash, Brunswick County, NC 7- 21 -2oio
LMG Applicant: Real Property Holding - Scale: Job Number.
LAND MANAGEMENT GROUP ,Nr. 1"z200' 01 -10 -090
Environmentol Consultants Brunswick County, NC, LLC
Post Office Box 2522 Title: Drown By Sheet Number:
Wilmin ton North Carolina 28402 Renewal of JD, Action ID 200600020 LES 1 of 1
Telephone: [phone]