SW6110704_HISTORICAL FILE_20160314

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

'J
WADAMS
LETTER OF TRANSMITTAL
To: Mike Randall
Stormwater Permitting Program
NC Division of Energy, Mineral & Land
Resources
1617 Mail Service Center
Raleigh. NC 27699-1617
Re: Linden Oaks Phases 2D & 2G
I am sending you the following item(s):
Date: March 23. 2016
MAk * FE�'DI� k XURESS **
Job No.: COR-14000
COPIES
DATE
NO.
DESCRIPTION
2
One original and one copy of the Plan Revision
A lication Form for Phase 2D
2
One original and one copy of the Plan Revision
A lication Form for Phase 2G
1
Engineer's Certification for Phase 2D
1
Engineer's Certification for Phase 2G
2
Modification Plans
1
Asbuilt calculations
These are transmitted as checked below:
❑ As requested
® For approval
❑ For review and comment
Copy to:
❑ For your use MAR 2 9 2016
Signed:
Jo Aldridge, PE
ro,Ibct Manager
Raleigh -Durham
Charlotte
2905 Meridian Parkway
11301 Carmel Commons Blvd., Suite 111
Durham, North Carolina 27713
Charlotte, North Carolina
[phone]
[phone]
Designing Tomorrow's Infrastructure & Communities McAdamsCo.com

North Carolina
Beverly Eaves Perdue
Governor
AGNA
NCDENR
Department of Environment and
Division of Water Quality
Co!een H. Sullins
Director
August 4, 2011
Mr. Ron Phillips
Picerne Construction/FBG, LLC
903 Armistead Street
Fort Bragg, NC 28307
Subject: Stormwater Permit No. SW6110704
Linden Oaks Phase 2D
Overall Low Density Residential Subdivision
Harnett County
Dear Mr. Phillips:
Natural Resources DWQ
Dee Freeman
Secretary
The Stormwater, Permitting Unit received a complete Stormwater Management Permit
Application for Liriden-Oaks Phase 2D on August 2, 2011. Staff review of the plans and
specifications has determined that the prot1ect, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000 and Session Law 2006-246. We are forwarding
Permit No. SW6110704, dated August 4, 2011, for the construction, operation and maintenance
of the subject project and the stormwater BMPs.
This permit shall be effective from the date of issuance until August 4, 2021, and shall be subject
to the conditions and limitations as specified therein. The designated permit holders, Bragg
Communities, LLC and the Department of the Army, shall be responsible for meeting the
conditions and limitations specified therein. As required for compliance, a copy of the lease
agreement that outlines Bragg Communities, LLC and the Department of the Army operation and
maintenance responsibilities for this stormwater system, must be kept with the permit and
maintenance activity records. Please pay special attention to the Operation and Maintenance
requirements in this permit. Failure to establish an adequate system for operation and
maintenance of the stormwater management system will result in future compliance problems.
Please be aware that if the lease agreement between the Department of the Army, the property
owner, and Bragg Communities, LLC, the lessee, is cancelled or defaults, the Department of the
Army shall notify DWQ immediately and shall submit a completed Name/Ownership Change
Form within 30 days otherwise the Department of the Army will be operating a stormwater
treatment facility without a valid permit. This is a violation of NC General Statue 143-215.1 and
may result in appropriate enforcement action including the assessment of civil penalties of up to
$25,000 per day, being taken against the property owner.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following
receipt of this permit. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this
permit shall be final and binding.
Wetlands and Stormwater Branch One
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 T�7Orth!-+�T.Ohlla
Location: 9 8 N. Salisbury St. Raleigh, North Carolina r Sewi 1V;Vat ally
Phone: [phone] FAX: [phone] Customer Service. 1-877-623-6748 f I-i
Internet: www.ncwaterqualiiy.org
An Equal Opportunity 1 Affirmative Action Employer

Mr. Ron Phillips
S W61 10704 — Linden Oaks Phase 2D
August 4, 2011
If you have any questions, or need additional information concerning this matter, please contact
Robert Patterson at [phone], or [e-mail].
Sincerely,
for Coleen H. Sullins
cc: SW6110704 File
ec: Fayetteville Regional Office
Mr. John D. Kuzenski, PE — Kimley-Horn and Associates, Inc.
Page 2 of 2

State Stormwater Permit
Permit No. SW6110704
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
OVERALL LOW DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Picerne Construction/FBG, LLC
Linden Oaks Phase 2D
Steel Court, Spout Springs, Harnett County
FOR THE
construction, operation and maintenance of one (1) infiltration basin in compliance with
the provisions of Session Law 2006-246 and 15A NCAC 2H .1000 (hereafter referred to
as the "stormwaterrules') and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until August 4, 2021 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application, approved plans, and other supporting data.
2. The overall property built -upon area percentage for the project must be
maintained at 14.63% per the requirements of Session Law 2006-246 of the
stormwater rules.
3. The stormwater systems proposed to treat the runoff generated by the
designated high density areas have been approved for the management of
stormwater runoff as described in Section 1.9 of this permit.
4. The infiltration system is designed, and must be maintained, to infiltrate the 10-yr,
24-hr storm event in lieu of providing a vegetated filter strip and bypass.
5. This project is limited to a maximum of 31 dwellings as indicated in the
application and as shown on the approved plans.
6. The built -upon areas associated with this project shall be located at least 30 feet
landward of all perennial and intermittent surface waters.
Page 1 of 7

State Stormwater Permit `
Permit No. SW6110704
0
Within the low density portions of the permitted project, the only runoff
conveyance systems allowed will be vegetated conveyances such as swales with
minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and as
shown on the approved plan.
This project proposes a curb outlet system. Each designated curb outlet swale or
1 00'vegetated area shown on the approved plan must be maintained at a
minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a
longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a
non -erosive manner, maintain a dense vegetated cover, and be located in either
a dedicated common area or a recorded drainage easement.
The following design elements have been permitted for this infiltration basin
stormwater facility, and must be provided in the system at all times.
C.
f.
M.
o.
p-
q
r.
Drainage Area, acres:
Onsite, ft2:
Offsite, ft2:
Total Impervious Surfaces, ft2:
Lot BUA, ft2:
Roads/Parking, ft2:
Sidewalks, ft2:
Other, ft2:
Offsite, ft2:
Design Storm, inches:
Bottom Elevation, FMSL:
Bottom Surface Area, ft2:
Bypass Weir Elevation, fmsl:
Permitted Storage Volume, ft3:
Type of Soil:
Expected Infiltration Rate, in/hr
Seasonal High Water Table, fmsl:
Time to Draw Down, days:
Receiving Stream / River Basin:
Stream Index Number:
Classification of Water Body:
It. SCHEDULE OF COMPLIANCE
6.92
301,626
0
106,213
44,308
55,528
6.378
0
0
1.0
267.00
8,976
269.10
22,315 (at temporary pool)
Fine sand
2.50
265.00
0.40
Muddy Creek / Cape Fear
18-23-26
,.C"
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot/property does not exceed the maximum allowed by this permit.
Once the lot transfer is complete, the built -upon area may not be revised without
approval from the Division of Water Quality, and responsibility for meeting the
built -upon area limit is transferred to the individual property owner.
If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the Board do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
Page 2 of 7

State Stormwater Permit
Permit No. SW6110704
4. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
5. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
6. The runoff from all built -upon area within the drainage area of the pocket of high
density permitted stormwater system must be directed into the permitted
stormwater control system.
7. Within the low density portions of the permitted project, all roof drains shall
terminate at least 30 feet from surface waters.
8. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part.of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
9. The Director may determine that other revisions to the project should require a
modification to the permit..
10. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
must be recorded showing all such required easements, in accordance with the
approved plans.
11. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
12. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
13. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
14. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
Page 3 of 7

State Stormwater Permit
Permit No. SW6110704
15. This permit shall become void unless the facilities are constructed in accordance
with the conditions of this permit, the approved plans and specifications, and
other supporting data.
16. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 3 months).
b. Sediment removal.
C. Mowing and re -vegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans.
f. Debris removal and unclogging of bypass structure, catch basins, piping,
and infiltration media.
g. Access to all components of the system must be available at all times.
17. Records of maintenance activities must be kept by the permittee. The records will
indicate the date, activity, name of person performing the work and what actions
were taken.
18. The permittee shall submit to the Division of Water Quality an annual summary
report of the maintenance and inspection records for each BMP. The report shall
summarize the inspection dates, results of the inspections, and the maintenance
work performed at each inspection.
19. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
20. A copy of the lease agreement that outlines Bragg Communities, LLC and the
Department of the Army operation and maintenance responsibilities for this
stormwater system, must be kept with the permit and maintenance activities
records.
21. If the current lease agreement between the Department of the Army, the property
owner, and Bragg Communities, LLC, the lessee, is cancelled or defaults, the
Department of the Army shall notify DWQ immediately and shall submit a
completed Name/Ownership Change Form within 30 days.
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee, a completed
"Name/Ownership Change Form" must be submitted to the Division of Water
Quality, signed by the parties involved, along with the applicable documents as
listed on page 2 of the form. The project must be in good standing with DWQ.
The approval of this request will be considered on its merits and may or may not
be approved.
The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
Page 4 of 7

State Stormwater Permit
Permit No. SW6110704
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal), which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes within 30 days.
10. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
11. The pen nittee shall submit a renewal request with all required forms and
documentation at least 180 days prior to the expiration date of this permit.
Permit issued this the 4`" day of August, 2011.
NORTH CARO)LIINAA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 7

State Stormwater Permit '
Permit No. SW6110704
Linden Oaks Phase 2D Page 1 of 2
Stormwater Permit No. SW6110704
Harnett County
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 6 of 7

State Stormwater Permit
Permit No. SW6110704
Certification Requirements:
Page 2 of 2
.1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and volume have been provided.
12. All curb outlet vegetated swales/areas have side slopes no steeper than
5:1.
13. All required design depths are provided.
14. All required parts of the system are provided per the approved plans.
15. The required dimensions of the system are provided, per the approved
plans.
Please submit this Designer's Certification to: Fayetteville Regional Office
Surface Water Protection
225 Green Street
Systel Building Suite 714
Fayetteville, NC 28301-5043
0
Local Building Inspector
Page 7 of 7

Date Received Fee Paid Permit Number 1
So_S -:& I t D 8 Q-7 ly \—. to I l O i 0'+ 1,
Applicable Rules: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 F Ph 11- Post Construction
(select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ M t Plan:
/ State of North Carolina
' apartment of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLIC 12
This fornt ruay be photocopied for use as an original np WIMP
I. GENERAL INFORMATION dim=iJWrojJct-%aW.L
1. Project Name (subdivision, facility, or establishment name- should be consist nt
plans, specifications, letters, operation and maintenance agreements, etc.):
2. Locabon of Project (street address):
Linden Oaks Neighborhood
City:SpoutSprings County:Harnett County Zip:28326
3. Directions to project (from nearest major intersection):
Head South on Linden Oaks Parkway from the intersection of HWY 24/87 Turn left on Percy Boulevard.
Turn left on Rockefeller Boulevard from the Intersection of Percy Boulevard and Rockefeller Boulevard.
Turn left onto Steel Court to the start of the project site
4. Latitude:35° 14' 37" N ' Longitude:79° Z 47" W of the main entrance to the project.
II. PERMIT INFORMATION:
1.a.Specify whether project is (check one): NNew ❑Modification
b.If this application is being submitted as the result of a modification to an existing permit, list the existing
permit number , its issue date (if known) , and the status of
construction: ❑Not Started ❑Partially Completed* ❑ Completed* *provide a designer's
certification
2. Specify the type of project (check one):
❑Low Density NHfgh Density ❑Drains to an Offsite Stormwater System ❑Other
3. If this application is being submitted as the result of a previously returned application or a letter from
DWQ requesting a state stormwater management permit application, list the stormwater project number,
if assigned, and the previous name of the project, if different than currently
proposed,
4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑CAMA Major ❑Sedimentation/Erosion Control: 21.09 ac of Disturbed Area
❑NPDES Industrial Stormwater N404/401 Permit: Proposed Impacts 249 LF Stream Impact in Adjacent
Phase
b.If any of these permits have already been acquired please provide the Project Name, Project/Permit
Number, issue date and the type of each permit:404/401 Permit: 05-2012 Ver. 3
FormSWU-101 Vcrsion 07Jun2010 Page I of

III. CONTACT INFORMATION
1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the project):
Applicant/Organization:PicerneConstruction/FBG LLC
Signing Official & Title:Ron Phillips, Regional Vice President of Construction
b.Contact information for person listed in item la above:
Street Address:903 Armistead Sheet
City:Fort Bragg State:NC Zip:28307
Mailing Address (if appiicable):Same as above
Phone: (910 ) 7644500
Email: [e-mail]
State: Zip:
Fax: (910 ) 497-4218
c. Please check the appropriate box. The applicant listed above is:
❑ The property owner (Skip to Contact Information, item 3a)
❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a
and 2b below)
® Developer* (Complete Contact Information, item 2a and 2b below.)
2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:BBr gg-Communitites LLC ByBraggPicernePartners.LLC.Itsmanaging
Signing Official & Title:iohn Shay, Vice President
b.Contact information for person listed in item 2a above:
Street Address:903 Armistead Street
City:Fort Bragg State:NC Zip:28307
Mailing Address (if applicable):
Phone: (910 ) 764-4500
Email:
State:
Fax: (910 ) 497-5924
3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organization:
Signing Official &
b.Contact information for person listed in item 3a above:
Mailing
City:_
Phone:
4. Local jurisdiction for building permits:
Point of Contact:
Fax:
Phone #:
Form SWU-101 Version 07Jun2010 Page 2 of 7

IV. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
The impervious percentage of the site is approximately 14.63% of the total site area. This qualifies as Low
Density based on the previously approved 404/401 Permit # 05-2012, Ver. 3. The stormwater runoff is
primarily transported through vegetative conveyances. One infiltration BMP is proposed where additional
storm pees were needed. Refer to the stormwater analysis for a more detailed description.
2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
❑ Approval of a Site Specific Development Plan or PUD Approval Date:
❑ Valid Building Permit Issued Date:
❑ Other: Date:
b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with:
❑ Coastal SW -1995 ❑ Ph 11- Post Construction
3. Stormwater runoff from this project drains to the
4. Total Property Area: 392.1 acres
River basin.
5. Total Coastal Wetlands Area: 43.1 acres
6. Total Surface Water Area: acres
7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project
Area+:349.0 acres
Total project area shall be calculated to exclude the followingg the normal pool of impounded structures, the area
behoeen the banks of streams and rivers, the area below the Normal Hi h Water (NHW) line or Mean High Water
(MHW) line, and coastal wetlands landward from the NHW to, MHV line. The resultant project area is used to
calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line way
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 =14.63 -%
9. How many drainage areas does the project have?2 (For high density, count 1 for each proposed engineered
stornnoater BMP. For lard densihj and other projects, use I for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each
area provided in the same format as below.
Basin Information
Drainage Area 1
Drainage Area 2
Drainage Area
Drainage Area
Receiving Stream Name
Muddy Creek
Overhills Lake
Muddy Creek
Overhills Lake
Stream Class
C
C
Stream Index Number *
18-23-26
18-23-26
Total Drainage Area (so
301,626
16,778,260
On -site Drainage Area (so
301,626
16,778,260
Off -site Drainage Area (so
0
0
Proposed Impervious Area**
s
106,213
2,117,848
Impervious Area** total
35.21%
12.62%
Impervious** Surface Area
Drainage Area 1
Drainage Area 2
Drainage Area _
Drainage Area
On -site Buildings/Lots (so
44,308
42,905
On -site Streets (so
27,762
52,089
On -site Parking (so
27,766
30,615
On -site Sidewalks (so
6,378
10,365
Other on -site (so
0
0
Future (so
0
1,508,031
Off -site (so
0
0
Existing BUA*** (so
0
473,843
Total (so:
106,213
2,117,848
* Stream Class and Index Number can be determined at: http.//uortaLncdenr.org/ruebfmq[ps/csu/classifications
Form SWU-101 Version 07Jun2010 Page 3 of 7

Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
'Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that
is to be removed and which will be replaced by new BUA.
11. How was the off -site impervious area listed above determined? Provide documentation.
Projects in Union County: Contact DWQ Central Ojjice staff to check if the project is located within a Threatened &
Endangered Species watershed that may be subject to more stringent stormwater requirements as per NCAC 02B .0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from httn://r)ortal.ncdenr.ore/web/wo/ws/su/bmv-manual.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality
(DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet
and BMP checklists are available from http://portal.ncdennory/web/wq/ws/so/statesw/forms does. The
complete application package should be submitted to the appropriate DWQ Office. (The appropriate office
may be found by locating project on the interactive online map at
http://Vortal.ncdenr.org/web/wq/ws/su/maps.)
Please indicate that the following required information have been provided by initialing in the space
provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest
versions for each submitted application package from
httl2://12ortal.ncdenr.org/web/wq/ws/su/statesw/forms does.
Initials
1. Original and one copy of the Stormwater Management Permit Application Form.
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants (A
Form. (if required as per Part VII below)
3. Original of the applicable Supplement Form(s) (sealed signed and dated) and O&M K /�
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to a K
htW://www.envhelp.org/12ages/onestol2exl2ress.htrnl for information on the Express program--r
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative (one to two pages) describing the stormwater treatment/management for K-
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the a K
receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/2 7
mile radius on the map.
7. Sealed, signed and dated calculations.
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: Q K
a. Development/Project name. �
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f. Scale.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal
waters, and any coastal wetlands landward of the MHW or NHW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
1. Details of roads, drainage features, collection systems, and stormwater control measures.
Form SWU-101 Version 07Jun2010 Page 4 of 7

m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
p Vegetated buffers (where required)
9. Copy of any applicable soils report with the associated SHWT elevations (Please identify
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and boring logs. Include an 8.5"xll" copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verifij the SHWT prior
to submittal, [phone].)
10. A copy of the most current property deed. Deed book: Page No: �� K
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC Q k
Secretary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 2H.1003(e). The
corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
http: / /www.secretary.state.nc.us/Corporations/CSearch,aspx
VIL DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be
provided as an attachment to the completed and notarized deed restriction form. The appropriate deed
restrictions and protective covenants forms can be downloaded from
http://portal.ncdenr.org/web/wq/ws/su/statesw/forms dots. Download the latest versions for each
submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, that the covenants will be binding on all parties and persons claiming
under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot.
VILL CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer:lohn D. Kuzenski, P.E.
Consulting Firm: Kimley-Horn and Associates, Inc.
Mailing Address:333 Fayetteville Street, Suite 600
State:NC Zip:27601
Phone: (919 ) 653-2990
Email:iohn. [e-mail]
Fax: (919 ) 653-5847
Form SWU-101 Version 07Jun2010 Page 5 of 7

IX. PROPERTY OWNER AUTHORIZATION (if Can tact Infonuation, item 2 has been filled out, complete this
section)
1, (print or type narne of person listed in Contact Infonuation, item 2a) John Shay , certify that I
own the property identified in this permit application, and thus give permission to (print or type name of person
listed in Contact Infonuation, item la) Ron Phillips with (print or type narne of organization listed in
Contact Informmtion, itenn 1a) Picerne Constructiongl3G, LLC to develop the project as currently proposed.
A copy of the lease agreement or pending property sales contract has been provided with the submittal, which
indicates the party responsible for the operation and maintenance of the stormwater system.
As the legal property owner I acknowledge, understand, and agree by my signature below, that if my
designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or
defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater
permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ
immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be
operating a stormwater treatment facility without a valid permit. I understand that the operation of a
stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may
result in appropriate enforc en nc ding the assessment of civil penalties of up to $25,000 per day,
pursuant to NCGS 143- 6.
R.7
before me this IJ' day of
a stormwater permit. Witness
Date: /' /)^ / /
a Notary Public for the State of W At CAfOulw County of
certify that J OIA V
I Jou , and
and official seal,
SEAL
personally appeared
due execution of the application for
My commission expires D^ l l- Z O I q
Form SW U-101 Version 07Jun2010 Page 6 of 7

'UN�`
;�
�`` � .... _.A `,
• ..�
i�:
�• '�.
' � ry�.
..�.�..

X. APPLICANT'S CERTIFICATION
1, (print or type name of person listed in Contact Information, item 1a) Ron Phillips
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project e constructed in conformance with the approved plans, that the required deed restrictions
and protective ov ants will be ecorded, and that the proposed project complies with the requirements of the
applicable stor ter rules un�15ANC 2H .1000, SL 2006-246 (Ph. II -Post Construction) or SL 2008-217.
i
Sienature: Date:
1, U? L=4 V a Nottrr Public for
the State of 1\IIJP��t C&YOUNq'ounty of
do hereby cerh that I`O\A t lA.&W personally appeared
before me this ]S clay of )oil and acknowledee the du execu 'on of the application for
a stormwater permit. Witnes my hand and official seal,
..anllllllllar....
SEAL
My commission expires 1 — 11 — 2014
Form SWU-101 Version 07Jun2010 Page 7 of 7

a
❑�❑ Kimley-Horn
and Associates, Inc.
Transmittal
333 Fayetteville Street,
Suite 600
Raleigh, North Carolina
27601
TEL [phone]
FAX [phone]
Date:. 7/18/11 Job Number: 012332009
Project Name: Fort Bragg— Linden Oaks Phase 2D
To: NCDENR-Division of Water Quality
ATTN: Robert Patterson
Stormwater Permitting Unit
512 N Salisbury St., Suite 942
Raleigh, North Carolina 27604
We are sending these by
❑ U.S. Mail ® FedEx ❑ Hand Delivery
❑ Other
We are sending you
® Attached ❑ Under separate cover via the following items.:
❑ Shop drawings ® Prints/Plans ❑ Samples ❑ Specifications ❑ Change Orders
® Other NCDENR Stormwater Permit Application Package
Conies Date No. Descrintion
I original
I copy
Phase 2D Stormwater Management Permit Application Form
I original
NCDWQ Low Density Supplement Form, Infiltration
Supplement Form
1 original
NCDWQ Infiltration O&M Agreement
I
Check (002108276) for $505 made payable to NCDENR
I
Phase 2D Soils Report
I
NTA (Linden Oaks) Development Lease Agreement (Deed)
1
404/401 Permit (DWQ Project # 05-2012, Ver. 3)
1
Documentation supporting positions held with Bragg-Picerne
Partners, LLC
2 sets
Phase 2D Permit Set folded to 8.5" x 14"
2 sets
Phase 2D Stormwater Analysis
There are transmitted as checked below.-
®
For your use ❑ Approved as submitted
❑
Resubmit ❑
Copies for approval
❑
As requested ❑ Approved as noted
®
Submit ®
Copies for distribution
®
For review and comment ❑ Returned for corrections
❑
Return ❑
Corrected prints
Remarks: If you have any questions or comments, please feel free to contact me directly at
[phone].
Copy to: Ron Phillips (PDF to FTP); File
JUL 1 9 2011
P.E.

Sw6/lo2otf
-s
ECS CAROLINAS, LLP Setting.the•Standard'forService"
c,%maLgm&,z 'Geotecnnical.• Construction. Materials • Environmental • Facilities
June 29, 2011
Mr. Ron Phillips
Piceme Military Housing
903 Armistead- Street
Fort Bragg, North Carolina 28307
RE: In-situ,lnfiltration Testing Linden Oaks— Phase.2G 12D
Linden'Oaks Parkway -and Percy Boulevard -
Spout Springs, North Carolina
ECS .project no.;33i 1670
Dear Mr. Phillips'
ECS> has :completed :the"infltraiion testing for ,the,aabove referencedproject., Please�see7.the
attached Boring logs'for'all pertinent information regarding the locations explored.
.If you have any,questions; please contact meiatyour°earliesf convenience.
Respectfully submitted,
ECS CAROLINAS, LLP
Thomas B. Baird, P.E.
NC, P.E'. License 016244
Senior Geotechnical Engineer
726 Ramsey ft, Suite 3- Fayetteville,.NC'28301 T: 910=401,-3288 • F: 910-323-0539 • hww:ecslimited.com.
ECS Carolinas; LLP - ECS'.Flori.da, LLC • ECS:II4nois; LLC • ECS'Mid-Atlantic, LLC • ECS Southeast, LLC - ECS-Texas, LLP

Infiltration Evaluation
Linden Oaks — Phase 2G / 2D
Linden Oaks, Spout Springs,, North Carolina
ECS Project No. 33.1670
June 28, 2011.
Location Depth Soil.Description.
1-2 048" Tan, Fine SAND
18"-70" Tan, Orange, Gray, Clayey SAND
Seasonal High. Water Table was estimated to be at MO inches below the
existing grade elevation.
Infiltration Rate: 0.03, inches per hour
Test was conducted at 46.0 inches below existing grade elevation.
Groundwater was encountered at > 70.0 inches below the existing grade
elevation.
Location Depth Soil Description
1-3 .0-55" Tan, Fine to Medium SAND With Clay Lenses
55 -65" Tan, Brown, Fine to Coarse SAND
65"-108" Tan, Brown, Clayey SAND
Seasonal High Water Table was estimated to be at 62.0 inches below the
existing grade elevation.
Infiltration Rate: 20.3 inches per hour
Test was conducted at 38.0 inches below existing grade elevation
Groundwater was encountered at 96.0 inches below the existing grade.
elevation.

Infiltration Evaluation
Linden Oaks — Phase 2G / 2D
Linden Oaks, Spout Springs, North Carolina
ECS Project No. 33.1,670
June 28, 2011
Location Depth Soil Description
14 0-24" Tan, Brown, Fine to Medium SAND
24%36" Tan, Orange, Fine to,Medium SAND With
Clay Lenses
36%48" Tan,.Orange,'Mottled, Clayey, Fine to Coarse
SAND'
487-54" Tan, Silty SAND
54"-80" Mottled, Sandy CLAY (Cave in @ 80°)
Seasonal High Water Table was estimated to be at 50.0'inches below the
existing grade elevation.
Infiltration. Rate: 22.1 inches per hour
Test was conducted at26.0 inches below existing grade elevation
Groundwater was encountered at > 80.0 inches below the existing grade
elevation.
.Location Death Soil Description
1-5 0-30" Brown, Fine SAND
30"-50" Brown, Orange, SAND With Some Clay
50"-70" White, Orange, Clayey, Fine to Coarse SAND
Seasonal High Water Table was estimated to be at 48.0 inches below the
existing grade elevation.
Infiltration Rate: 5.0 inches per hour
Test was conducted at 24.0 inches below existing grade elevation
Groundwater was encountered at > 70.0 inches below the existing grade
elevation.

Infiltration Evaluation
Linden Oaks — Phase 2G / 2D
Linden Oaks, Spout Springs, North Carolina
ECS Project No. 33.1670
June 28, 2011
Location Depth
1-6 0"-6"
6"-16"
16"-48"
48" M'
Soil Description
Gray, Silty SAND
Tan, Fine SAND
Brown, Fine SAND With Some Clay
Brown, Orange, Gray, Sandy CLAY
Seasonal High Water Table was estimated to be at 48.0 inches. below the
.existing grade,elevati6m
Infiltration Rate: 8.3 inches per hour
Test was: conducted at 24.0 inches below existing grade elevation
Groundwater!was encountered at > 70.0 inches below the existing grade
elevation.

1-3
mm
u
INFILTRATIONLOCATION
CPT:
B46INEER
SCALE,
BORING LOCATION
LINDEN.OAKS PHASE 2G/213'
NT5MAN
bRAFTTBSB
PROJECT No.
DIAGRAM
Linden Oaks
BEV
33:1670
REVISIONS
SHEET
Picerne Military Rousing
S,pout Springs, N.C.
DATE'
06/29/11

R
= INFILTRATION LOCATION - ,
�•i
BORING LOCATION
DIAGRAM
Picerne Military Housing
LINDEN OAKS PHASE 2G/2D
Linden Oaks
Spout Springs, N.C.
ENGINEER
TBB
SCALE
NTS
DRAFTSMAN
ONS
PROJECT NO.
33:1670
REV
SHEET
FIG1 Cont.
DATE 66/29/11

CLIENT
JOB j
BORING i
SB01�17T
Picerne Military Housing
..33:1670
11 1-2
1 1
PROJECT NAME
ARCHITECT -ENGINEER
Linden Oaks — Phase 213/2D
SITE LOCATION
-0- CALIBRATED PENETROMETER
Linden Oaks, Spouf Springs, N.C.
TONSM. .
1 21 3 4 5+
I'LLSTIC WATER LIQUID
LDUT X.. CONTENT X. Lmr: X_
DESCRIPTION OF'MATERIAL ENGLISH UNITS
0
ROCK QUALITY DESIGNATION & RECOVERY
BOTTOM OF CASING W- LOSS OF CIRCUIAT16N 100
6
RODX— — — REC.%
—20%-40%-60%-80%-1 DO%—
STANDARD PENETRATION
RUTWS/rr
SURFACE ELEVATION
0 —
10 20 30 40 50+
Ton, Fire SAND (SP).
....
Tan, Orange, Gray, Clayey SAND (SC)
'SLN
5—
END OF BORING @ .5.83'
SHVVT 0 70.0 Inches
10—
Test Performed 0 46.0 Inches
Groundwater Level 0 > 70.0 Inches
p
Infiltration Rate of 0.03 Inches Per
Hour
15
20-
25-
30---1--
1
1
THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETVEEN SOIL TYPES 0 SITU THE TRANSITIDN MY:BE GRADUAL
YWL>70 INCHES 'WS OR 11D
BORING STARTED 06/21/11
T'WRM)' T CR)
BORING COMMETED 06/21/11
CAYE- IN REM 0
Fm HA FORMAN B.WaII
DRUJING IMMOD

CLIENT
Picerne Milita Housing33:1670
JOB / BORING./ SITEaFEP
I-3 1 1
o
�^
PROJECT NAME
ARCHITECT —ENGINEER
�LLP
Linden Oaks — Phase 2G/2D
CARa
SITE LOCATION
Linden Oaks, Spout Springs, N.C.
-0- CALIBRATED PENETROMETER
I z B a 6+
PLASM WATER LIQUID
IBM X CONTENT % law %
X♦— A
HOCK QUALITY: DESIGNATION ARECOVERY-
RODX— — — REC.% -
20%-40X-60}E-807,-1
® STANDARD PENSTRA'TLOS
HLO
a
c
z
<
DESCRIPTION OF MATERIAL ENGLISH UNITS
BOTTOM OF CASING LOSS OF CIRCUTATION I
z
F
e
.(< ....�
SURFACE EMATION
03
10 20 90 e0 50+
30
O
Tan, Fine to Medium SAND (SP) With Clay
Lenses
5
Tan, Brown, Fine to Coarse SAND (SP)
Tan, Brown,, Clayey SAND (SC)
1
END OF BORING ® 9.00,
SHWT 0 62.0 Inches
-
Test Performed 0 38.0 Inches
Groundwater Level 0 96.0 Inches
15
Infiltration Rate of 20.3 Inches Per Hour
20
25
3
—
—
THE STRATIFICATION LINES REPRESENT THE APPRD%MATE BOUNDARY LINES BETVEEN SOIL TYPES IN -SITU THE TRANSITION My BE GRADUAL
P, 96 INCHES rs ON ®
BORIC STARTED 06/21 /11
TUL(BCR) JW14ACR)
BORINGCOMPLETED. 06 21 11
CAVE IN DEPTH O
TTIL
RIG HA FOREMAN B.Wall
DRDIJNG'METROD

clJerrr
Picerne Military Housing
JOB y
33:1670
70RD1G ®
I-4
sLLE> r
1 OF 1
A
PROJECT ,NAME
ARCLDTECT-ENGINEER,
�LLP
Linden Oaks — Phase 2G 2D „,,
CAR-
SITE LOCATION
Oaks, 'Spout :S rings, N.C.
-0- CALIBRATED. PL;NE1'�OxV=
/FTLinden
1 2 ��3 4 5+
PLASTIC WATER UQM
'
LBUT%X CONTENT z L.OSTX
z
DESCRIPTION'OF MATERIAL 'ENGLISH UNITS
,L.OSS OF CIRCULATION tO0
BOTTOM OF CA�IG,.-- �
o
.. �
'�
ROCK QUALITY DESIGNATION.'A RECOVERY
ROD%— — — REC.%,
,20X-40X=60Xr-80X-100
I& STANDARMP � TION
10 20 s0 40'. 50+
SURFACE ELEVATION
"
Ton, Brown. Fine to Medium SAND (SP)
Tan;. Orange, Fine .to Medium 'SAND(SP)
`
'With Clay Lenses--------------------------
Tdn,.Orange, Mottled, Clayey,. Fine to
5
CoanseSAND (SC)
i
Tan, Silty SAND (SM)
Mottled,!Sandy. CLAY (CL)
END OF BORING CAD 6.66'
1.
SHWT O 50.0 Inchesi
Test Performed O 26.0 Inches
Groundwater Level O. >:80.0 Inches
Infiltration Rate of 22.1 Inches Per
15
Hour
20
25
30
—
—
THE STRAT71CATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL ;TYPES IN -SITU THE TRANSITION MAY BE. GRADUAL
S*L J80 INCHES. WS OR ®
BORING STARTED 06/22/1 1
TaIOCR) TWL(ACR)
BORING COMPLETE 06 22 1 1
CAVE IN DEPTH 0
�"�
lac HA FGRKI"N B.WCIII
DRILLING 1D3HOD

CI1E.TiT'
roe S BOPING y SHEVr
a
Picerne Military Housing
33:1670 1 I-5 1 or, 1
` C
PROJECT NAME
ARCHITECT-ENGINM
LLP
Linden Oaks — Phase 2G 2D
C 4R
S1TE'.LOCATION
-0- CALBRATED I+HNa7' METER
TONSM. $ .
Linden Oaks, Si5out S Hn s, N.C.
1 2 2 4. s+
PLASTIC WATER. 'uQM
LIMIT z CONTENT % Lwr x
c
x
DESCRIPTION OF MATERIAL. ENGLLSH UNLTS
ROCK QUMM DESIGNATION @ RECOVERY
z
q
BOTTOM OF CASING LOSS OF CIRCUTATION f00%
a
o
.ROD%— — — REC.%
'
aSg�q
M-40%60% 80Xr100
SURFACE ELEVATION
a.
�5%J
< y
f�
® StwND M � 770H
.
1020 s0 40 50+
O
Brown, Fine, SAND (SP)
Brown, Orange,, SANDI (SP-SC) With Some
Clay
5-.
White. Orange, Clayey. Fine to Coarse
SAND (SC)
END OF BORING @ 5;83.'
SHWT O 48.0 inches
-
1
Test Performed 0 24.0 Inches
Groundwater Level O > 70.0 Inches
' Infiltration Rate of 5:0 Inches Per Hou}''
c
15
20
ii
25
-
i
3
THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOLMARY LINES BETWEEN SOIL TYPES_IN.SITU THE TRANSITION MAY BE GRADUAL
7n>70 INCHES wS OR ®
BORING STAMED 06/22/11
s W4BCB) a114ACH)
BORDIG COMPLETED 06 2-2 11
CAPE IN DEPTH e
3 .��
RIG HA FORD" B.Wall
DRIIINO METHOD

CLIENT
JOB @ BORING/) SHEET
Picerne Military Housing
33:1670 1-6 1 OF 1
PROJECT NAME
ARCHITECT —ENGINEER
�LLP
Linden Oaks — Phase 2G/2D'•
CAFiOLINAS
SITE LOCATION
'O' CALIBRATED'I'ONSES
Linden Oaks, Spout Springs, N.C.
/"9OYH'fHi
t 2. 2 4 6+
PLASTIC TATIM uQUIB
'
LIMIT iu CONTENT,% law %
'E
DESCRIPTION OF MATERIAL ENGLTSH 1JR17'9
,�
ROCK QUALITY DESIGNATION k RECOVERY
c
z
QQ..
G
o
BOTTOM OF CASING LOSS OF CIRCULATION 100%
z
r
RQD%— . — REC.%
20%40X60%80X-100
a
,<
e
C
"® sT►NDiOPaxarRA'nox
BLI.OTIS/FT:
SU[iFACE ELEVATION
10 20 ''"SO 40 60+
0—
"
. Gray, Silty SAND (SM)"
Tan, Fine SAND.(SP)
Brown, Fine SAND (SP—SC) With Some "Clay
Brown, Orange, Gray, .Sandy .CLAY (CL)..
5
END OF BORING ® 5.83"
SHWT O 48.0 Inches
1 -
Test Performed O 24.0 Inches
Groundwater Level O -> 70.0 Inches
Infiltration Rate of '8.3 Inches Per ".Hour
15
20
25
3
—
THE STRATIFICATUN LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETVEEN,SOIL TYPES IN -SITU THE TRANSITION NAY BE. GRADUAL
Y"L>70 INCHES *2 ON ®
BORING sTAR BU 06/22/1 1
T1I00) TW"ACR)
BORING COMPLETED 06 ,22- 11
CAVE IN DEPTH O
Y*L
MG HA FOREMAN, B.WOII
DRIUJNG METHOD

Y I
Beverly Eaves Perdue
Governor
A��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
June 3,2010
Bragg-Piceme Partners/FBG, LLC
903 Armistead Street
Fort Bragg, NC 28307
Dee Freeman
Secretary
DWQ Project # 05-2012, Ver. 3
Harnett County
Subject Property: Fort Bragg - Northern Training Area Neighborhood Phase II
Utto Muddy Creek [030614,18-23-26, C]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Sir or Madam:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 249 linear feet of perennial stream, as described within your application dated
May 10, 2010, and received by the N.C. Division of Water Quality (DWQ) on May 10, 2010, to construct
Phase Il of a military housing subdivision at the site. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Numbers) 3820 (GC3820). The
Certification(s) allows you to use Nationwide Permit(s) NW 14 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non -discharge, and other regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. if the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met No other impacts are
approved including incidental impacts:
401 OvetsightlExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
Location: 2321 Crabtree Blvd., Ra!elgh, North Carolina 27604
Phone: [phone] \ 1919-733-6893
Internet, htlp:11i emcsele.nc.uslnmetlandsl
-One
NorthCardina
Naturally
An Equal Opportunlly, 1 Affirmative Action Employer

Bragg-Piceme Partners/FBG, LLC
Page 2 of 6
June 3, 2010
Type of Impact
I Amount Approved Units _
-.PIan.Location or Reference
Stream -_ erennial
1249 linear feet
PCN Application page 5 of 12
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
Stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in &-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section .0500;
6. Stormwater Management Plan (SMP) Approval Required
Before the impacts specified in this Certification may occur, the applicant must meet all of the
provisions set forth in the document Stormwater Management Plan (SMP) Requirements for
Applicants other than the North Carolina Department of Transportation, available at:
httn://portal:nedenr.orp/web/wq/swp/wsY401)certsandpennits/swmanagement The required SMP
documentation must be submitted within 60 days of the issuance of the 401 Water Quality
Certification to the DWQ (401 Oversight and Express Permitting Unit, 2321 Crabtree Blvd., Suite
250, Raleigh, NC, 27604).

Bragg-Piceme Partners/FBG, LLC .
Page 3 of 6
' June 3, 2010
SMP approval and implementation procedures shall be as follows:
'e The SMP must be approved in writing by either the 401 Oversight/Express Unit or, if the
project is subject to another state stormwater program, a copy of the approval letter and
approved SMP must be submitted before any impacts authorized in this certification occur. If
a development is phased, then the SMP for each future phase must approved by the 401
OversighUExpress Unit or, if the project is subject to another state stormwater program, a
copy of the approval letter and approved SMP must be submitted before any impacts
associated with that phase may occur.
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall _
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip -rap is

Bragg-Piceme Partners/FBG, LLC
Page 4 of 6
June 3, 2010
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
8. Stormwater Management Plan
A final, written stormwater management plan for each phase of this project shall be submitted to the
DWQ 401 Oversight/Express Permitting Unit (2321 Crabtree Boulevard, Suite 250, Raleigh, NC
27604) for review and approval. No land disturbance associated with any phase may be conducted
until a stormwater management plan (SMP) for that phase has been submitted to, and approved by,
the DWQ or, if the project is subject to another state stormwater program, a copy of the approval
letter and approved SMP must be submitted before land disturbance associated with any phase may
be conducted. No buildings associated with any phase may be occupied until the stormwater j
management plan is constructed and operational for that phase. .
Miti ae tion:
9. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you have agreed to provide wetland mitigation for proposed wetland impacts and
wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem
= EnlLapcement Program (EEP) to meet this mitigation requirement. This has been determined by
the DWQ to be a suitable method to meet the mitigation requirement and additional mitigation
commitment. Until the EEP receives and clears your check (made payable to: DENR —
Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate
shall occur. The EEP should be contacted at [phone] if you have any questions
concerning payment into a restoration fund. You have 60 days from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Wetlands Restoration Fund to meet the following compensatory
mitigation requirement:
Tv a of Wetland
Compensatory Mitigation Required
- River and Sub -basin Number
Stream(perennial)
249 linear feet
Cape Fear103030004
Certificate of Completion:
10. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.

Bragg-Piceme Partners/FBG, LLC
Page 5 of 6
June 3, 2010
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative hearings.
You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please.telephone Ian McMillan or Amy Chapman in the Central Office in
Raleigh at 919-733-1786 or Chad Turlington in the DWQ Fayetteville Regional Office at 910-433-3300.
Sinccrel ,
Coleco Ff. Sullins
CHS/ijm
Enclosures: GC3820
Certificate of Completion
NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
cc: Chad Turlington, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
DLR Fayetteville Regional Office

Bragg-Piceme Partners/FBG, LLC
Page 6 of 6
June 3,2010
File Copy
Chad Evenhouse, Kimley-Hom and Associates, 3001 Weston Parkway, Cary, NC 27513
Filename 052012Ver3FortBraggNorthern'I'rainingAreaNeighborhoodPhasell(Hamett)401

ern
KUM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 2H.0500 Bragg-Piceme Partners/FBG, LLC have permission to fill or otherwise
impact 249 linear feet of perennial stream in the Cape Fear River Basin, associated with construction of Phase Il of a
military housing subdivision at the site, which is located near Spring Lake, in Hamett County, North Carolina. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached
Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME:
Fort Bragg NTA Neighborhood
DWQ PROJECT g:
20052012, Ver. 3
LOCATION:
Near Spring Lake
COUNTY
Harnett
BASIN/ SUB BASIN
Cape Fear/03030004
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one -quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts
1, Mitigation _
ji 249 Linear Feet of Perennial Stream
249 Linear Feet of Perennial Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
401 OverslghtlExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone:[phone] FAX: [phone]
internal: httpJlh2o.enrstate.nc.uslnmetlandsl
F i Iename: 052012 V er3FortBraggNorthernTrainingMeaNeighborhoodPhasall(Hamett)401
One
NorthCarolina.
Ar hmally
An Equal Opportunity t AR`maUve Action Employer

Water Quality Certification No. 3820
GOVERNMENT AGENCIES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3820 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B
.0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas
that are not a part of the surface tributary system to interstate waters or navigable waters of the
United States (as described in 33 CFR 330 Appendix A (B) (14) of the Corps of Engineers
regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and for the
Riparian Area Protection Rules (Buffer Rules) In 15A NCAC 2B .0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Any proposed fill or.modification of wetlands and/or waters, including streams, under this General
Certification requires application to, and written approval from the Division of Water Quality (the
"Division") except for the single family lot exemption described below.
Application and written approval is not required for construction of a driveway to a single family lot
as long as the driveway involves less than 25 feet of temporary and/or permanent stream channel
impacts, including any in -stream stabilization needed for the crossing. This activity must meet all
of the Conditions of Certification listed below. If any of these Conditions cannot be met, or if the
activity is associated with or in response to a Notice of Violation from the Division of
Water Quality or the NC Division of Land Resources, then written approval from the
Division is required.
In accordance with North Carolina General Statute Section 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. If a project also
requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher
of the two fees.
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold for
Use of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts authorized in the written approval or beyond the
thresholds for use of this Certification, including incidental impacts. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control
Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices:
Water Quality Certification No. 3820

Water Quality Certification No. 3820
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in'
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times, except for publicly
funded linear transportation projects when materials can be accessed offsite in a timely
manner.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNA's), Trout Jr), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained within
Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede all other
sediment and erosion control requirements.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters outside
of the permitted impact areas without prior approval by the Division. If placement of sediment
and erosion control devices in wetlands and waters is unavoidable, design and placement of
temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down
stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land
Resources or locally delegated program has released, the project.
4. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If your
project is covered by this permit [applicable to construction projects that disturb one (1) or
more acres), full compliance with permit conditions including the sedimentation control plan,
self -monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http://h2o enr state nc us/su/Forms Documents.htm.
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
Water Quality Certification No. 3820

Water Quality Certification No. 3820
5. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment 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. Exceptions to this condition require submittal to, and approval
by, the Division of Water Quality.
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting),
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities. This condition can be waived through written
concurrence on a case -by -case basis upon reasonable justification.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. This condition can be waived through written concurrence on a case -by -case
basis upon reasonable justification.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not), within the Neuse, Tar -Pamlico, Catawba, Randleman, and Jordan (or any other basin
with buffer rules), shall be limited to "uses" identified within and constructed in accordance
with 15A NCAC 213.0233, .0259, .0250, .0243, and .0267, and shall be located, designed,
constructed, and maintained to have minimal disturbance to protect water quality to the
maximum extent practicable through the use of best management practices. All buffer rule
requirements, including diffuse flow requirements, must be met.
8. Water Supply Watershed Buffers
The 100-foot wide vegetative buffer (high -density development) or the 30-fool wide
vegetative buffer (low density development) shall be maintained adjacent to all perennial
waters except for allowances as provided in the Water Supply Watershed Protection Rules
[15A NCAC 213.0212 through .0215].
9. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life/fish kills.
10. Compensatory Mitigation
In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation may be required for
losses of 150 linear feet or more of streams (intermittent and perennial) and/or one (1) acre
or more of wetlands. For linear, public transportation projects, impacts equal to or exceeding
150 linear feet per stream may require mitigation.
Water Quality Certification No. 3820 3,

Water Quality Certification No. 3820
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for buffer impacts resulting from activities classified as "Allowable with Mitigation"
within the Buffer Rules or require a variance under the Buffer Rules.
A determination of buffer, wetland and stream mitigation requirements shall be made by the
Division for any application to use this Certification. Design and monitoring protocols shall
follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines
(April 2003), or its subsequent updates. Compensatory mitigation plans shall be submitted
for written Division approval as required in those protocols. Alternatively, the Division will
accept payment into an in -lieu fee program or credit purchase from a mitigation bank.
Finally, the mitigation plan must be implemented and/or constructed before any permanent
building or structure on site is occupied. In the case of public road projects, the mitigation
plan must be implemented before the road is opened to the public whenever practical or at
the earliest reasonable time during the construction of the project. Proof of payment to an in -
lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement.
11. For all activities requiring re -alignment of streams, a stream relocation plan must be included
for written Division approval. Relocated stream designs should include the same dimensions,
patterns+and profiles as the existing channel (or a stable reference reach if the existing
channel is unstable), to the maximum extent practical. The new channel should be
constructed in the dry and water shall not be turned into the new channel until the banks are
stabilized. Vegetation used for permanent bank stabilization shall be limited to native woody
species, and should include establishment of a 30-foot wide wooded and an adjacent 20-foot
wide vegetated buffer on both sides of the relocated channel to the maximum extent
practical. A transitional phase incorporating appropriate erosion control matting materials
and seedling establishment is allowable. Rip -rap, A -Jacks, concrete, gabions or other hard
structures may be allowed if it is necessary to maintain the physical integrity of the stream,
however, the applicant must provide written justification and any calculations used to
determine the extent of rip -rap coverage. Please note that if the stream relocation is
conducted as a stream restoration as defined in the US Army Corps of Engineers Wilmington
District, April 2003 Stream Mitigation Guidelines, the restored length can be used as
compensatory mitigation for the impacts resulting from the relocation.
12. Stormwater Management Plan Requirements
A. Linear public transportation projects will be required to treat stormwater runoff to
the Maximum Extent Practicable in accordance with the practices described in the
NCDOT Best Management Practices (BMP) Manual.
B. All other projects shall comply with the requirements set forth below. In addition,
the applicants shall follow the procedures explained in the version of Protocol for
Stormwater Management Plan (SMP) Approval and Implementation that is in place
on the date of the submittal of the SMP.
i. Project Density: Projects with SMPs that require 401 Oversight/ Express Unit,
approval shall be classified as either Low or High Density according to the
criteria described below.
a. Low Density: A development shall be considered Low Density if ALL of
the following criteria are shown to have been met.
The overall site plan, excluding ponds, lakes, rivers (as specified in
North Carolina's Schedule of Classifications) and saltwater wetlands
Water Quality Certification No. 3820 4

Water Quality Certification, No. 3820
(SWL), must contain less than 24% impervious surface area
considering both current and future development.
2. All stormwater from the entire site must be transported primarily via
vegetated conveyances designed in accordance with the most recent
version of the NC DWQ Stormwater BMP Manual.
3. The project must not include a stormwater collection system (such as
piped conveyances) as defined in 15A NCAC 2B .0202(60).
4. If a portion of project has a density equal to or greater than 24%,
then the higher density area must be located in an upland area and
away from surface waters and drainageways to the maximum extent
practicable.
b: High Density: Projects that do not meet all of the Low Density criteria
described above are considered to be High Density, requiring the
installation of appropriate BMPs as described below.
1. All Stormwater runoff from the site must be treated by BMPs that are
designed, at a minimum, to remove 85 percent of Total Suspended
Solids (TSS).
2. Projects located in watersheds that drain directly to waters
containing the following supplemental classifications shall meet
these additional requirements:
Water Quality
Supplemental
Stormwater BMP Requirement
Classification
§303(d)
Project -specific conditions maybe added
by the Division to target the cause of the
wal"uality impairment.
NSW
A minimum of 30 percent total
pho,§sphorus and 30 percent total nitrogen
removal, or other applicable nutrient
reduction goal for the watershed as
I codified in thel5A NCAC 2B .0200 rules.
Trout Jr)
A minimum of 30 percent total
phosphorus and 30 percent total nitrogen
removal; BMPs should also be designed
I to minimize thermal pollution.
3. All BMPs must be designed in accordance with the version of the NC
Division of Water Quality Stormwater Best Management Practices
Manual that is in place on the date of the submittal of the SMP. Use
of stormwater BMPs other than those listed in the Manual may be
approved on a case -by -case basis if the applicant can demonstrate
that these BMPs provide equivalent or higher pollutant removal and
water quality protection.
ii. Vegetated Setback: In areas that are not subject to a state Riparian Area
Protection Rule, a 30-foot wide vegetated setback must be maintained
adjacent to streams, rivers and tidal waters as specified below.
a. The width of the setback shall be measured horizontally from:
Water Quality Certification No. 3820 i5;

Water Quality Certification No. 3820
1. The normal pool elevation of Impounded structures,
2. The streambank of streams and rivers, and
3. The mean high waterline of tidal waters, perpendicular to shoreline.
b. The vegetated setback may be cleared or graded, but must be planted with
and maintained in grass or other appropriate plant cover.
c. The DWQ may, on a case -by -case basis, grant a minor variance from the
vegetated setback requirements pursuant to the procedures set forth in
15A NCAC 02B .0233(9)(b).
d. Vegetated setbacks and filters required by state rules or local governments
may be met concurrently with this requirement and may contain coastal,
isolated or 404 jurisdictional wetlands.
iii. Stormwater Flowing to Streams and Wetlands: Stormwater conveyances
that discharge to streams and wetlands must discharge at a non -erosive
velocity prior to entering the stream or wetland during the peak flow from the
ten-year storm.
iv. Projects Below Written Authorization Thresholds: Projects that are below
written authorization thresholds must comply with the version of Protocol for
Stormwater Management Plan (SMP) Review and Approval that is in place on
the date of the certification for the project.
v. Phased Projects: The DWQ will allow SMPs to be phased on a case -by -case
basis, with a final SMP required for the current phase and a conceptual SMP
for the future phase(s). If the current phase meets the Low Density criteria, but
future.phase(s) do not meet the Low Density criteria, then the entire project
shall be considered to be High Density.
13. If this Water Quality Certification is used to access building sites, all lots owned by the
applicant must be buildable without additional fill. For road construction purposes, this
General Water Quality Certification shall only be utilized from natural high ground to natural
high ground.
14. Placement of Culverts and Other Structures in Waters and Wetlands
The application must include construction plans with cross -sectional details in order to
indicate that the current stability of the stream will be maintained or enhanced (i.e., not result
in head cuts).
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert. Placement of culverts
and other structures in waters, streams, and wetlands must be placed below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than or equal to 48 inches,
to allow low flow passage of water and aquatic life unless otherwise justified and approved by
the Division
Water Quality Certification No. 3820 6

Water Quality Certification No. 3820
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways or other fill projects are constructed across FEMA-designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
Any rip rap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip -rap or other bank hardening
methods.
15. Additional site -specific conditions may be added to the written approval in order to ensure
compliance with all applicable water quality and effluent standards.
16. If an environmental document is required under the National or Slate Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording of
the property, or of individual lots, whichever is appropriate. A sample deed notification can
be downloaded from the 401/Wetlands Unit web site at
The text of the sample deed notification may be modified as appropriate to suit to a specific
project.
18. Certificate of Completion
When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
19. This General Certification shall expire three (3) years from the date of issuance of the written
approval from the Division or on the same day as the expiration date of the corresponding
Nationwide Permit 14 or Regional General Permit 198200031. In accordance with General
Statute 136-44.7B, certifications issued to the NCDOT shall expire only upon expiration of the
federal 404 Permit. The conditions in effect on the date of issuance of Certification for a
specific project shall remain in effect for the life of the project, regardless of the expiration
date of this Certification. If the construction process for approved activities will overlap the
expiration and renewal date of the corresponding 404 Permit and the Corps allows for
continued use of the 404 Permit, then the General Certification shall also remain in effect
without requiring re -application and re -approval to use this Certification for the specific
impacts already approved.
20. The applicant/permitlee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act); and any other appropriate requirements of
Stale and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
Water Quality Certification No. 3820 7

Water Quality Certification No. 3820
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth by a specific fill project may
result in revocation of this Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity , if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: April 6, 2010
DIVISION OF WATER QUALITY
By
oleen'H. Sulh s
Director
History Note: Water Quality Certification (WQC) Number 3820 issued April 6,,2010 replaces
WQC Number 3704 issued November 1, 2007, WQC Number 3627 issued March 2007, WQC
Number 3404 issued March 2003, WQC Number 3375 issued March 18, 2002, WQC Number
3289 issued June 1, 2000, WOC Number 3103 issued on February 11, 1997, WQC Number 2732
issued May 1, 1992, WQC Number 2666 issued January 21, 1992, and WQC Number 2177
issued November 5, 1987. This WQC is rescinded when the Corps of Engineers re -authorizes
Nationwide Permit 14 or Regional General Permit 198200031 or when deemed appropriate by
the Director of the Division of Water Quality.
Water Quality Certification No. 3820

A�n
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 3, 2010
DWQ Project # 05-2012, Ver. 3
Harnett County
Bragg-Picerne Partners/FBG, LLC
903 Armistead Street
Fort Bragg, NC 28307
Subject Property: Fort Bragg - Northern Training Area Neighborhood Phase H
Ut to Muddy Creek [030614, 18-23-26, Cl
Approval of 401 Water Quality Certification with Additional Conditions
Dear Sir or Madam:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 249 linear feet of perennial stream, as described within your application dated
May 10, 2010, and received by the N.C. Division of Water Quality (DWQ) on May 10, 2010, to construct
Phase II of a military housing subdivision at the site. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number(s) 3820 (GC3820). The
Certification(s) allows you to use Nationwide Permit(s) NW 14 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non -discharge, and other regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new -application:- If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 OversightrExpress Review Permitting Unit
1650 Mall Service Center, Ralegh, North Carolina 27699-1650
Locahon: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Imemet http:llh2o.encstate.nc.uslnmoUandst
ne
NorthCarolina
Naturally
An Equal Oppwunily 1 Alfimialiva Aclbn Employer

Bragg-Piceme Partners/FBG, LLC
Page 2 of 6
June 3, 2010
Tvve of Im act
I'Amount Approved nits
Plan Location or Reference
Stream - perennial
1249 linear feet
PCN Application page 5 of 12
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow, sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the nature! grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the cousuuction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section .0500;
6. Stormwater Management Plan (SMP) Approval Required
Before the impacts specified in this Certification may occur, the applicant must meet all of the
provisions set forth in the document Stormwater Management Plan (SMP) Requirements for
Applicants other than the North Carolina Department of Transportation, available at:
http://portal.nedenr.org/web/wq'/swp1ws1401'/certsandpermits/swmana eg menThe required SMP
documentation must be submitted within 60 days of the issuance of the 401 Water Quality
Certification to the DWQ (401 Oversight and Express Permitting Unit, 2321 Crabtree Blvd., Suite
250, Raleigh, NC, 27604).

Bragg-Piceme Partners/FBG, LLC
Page 3 of 6
June 3, 2010
SMP approval and implementation procedures shall be as follows:
The SMP must be approved in writing by either the 401 Oversight/Express Unit or, if the
project is subject to another state stormwater program, a copy of the approval letter and
approved SMP must be submitted before any impacts authorized in this certification occur. If
a development is phased, then the SMP for each future phase must approved by the 401
Oversight/Express Unit or, if the project is subject to another state stormwater program, a
copy of the approval letter and approved SMP must be submitted before any impacts
associated with that phase may occur.
The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
The approved SMP as well as drainage patterns must be maintained in perpetuity.
The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior fo the commencement of the modifications.
Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
htt %/www:ncdot,or doh/o eraiions(bK4P -manual/download/BMP 'Manual. d
( P g/ P �U
such as sandbags,'rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any, of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ,
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip -rap is

Bragg-Piceme Partners/FBG, LLC
Page 4 of 6
June 3, 2010
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream ofeaeh culvert site to document correct installation
along with the Certificate of Completion form.
8. Stormwater Management Plan
A final, written stormwater management plan for each phase of this project shall be submitted to the
DWQ 401 Oversight/Express Permitting Unit (2321 Crabtree Boulevard, Suite 250, Raleigh, NC
27604) for review and approval. No land disturbance associated with any phase may be conducted
until a stormwater management plan (SMP) for that phase has been submitted to, and approved by,
the DWQ or, if the project is subject to another state stormwater program, a copy of the approval
letter and approved SMP must be submitted before land disturbance associated with any phase may
be conducted. No buildings associated with any phase may be occupied until the stormwater
management plan is constructed and operational for that phase. .
Mitigation:
9. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you have agreed to provide wetland mitigation for proposed wetland impacts and
wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement. This -has beep determined by
the DWQ to be a suitable method to meet the mitigation requirement and additional mitigation
commitment. Until the EEP receives and clears your check (made payable to: DENR —
Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate
shall occur. The EEP should be contacted at [phone] if you have any questions
concerning payment into a restoration fund. You have 60 days from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Wetlands Restoration Fund to meet the following compensatory
mitigation requirement:
Type of Wetland
Compensatory Mitigation Required
River and Sub -basin Number
Stream (perennial)
249 linear feet
Cape Fear/03030004
Certificate of Completion:
10. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.

Bragg-Piceme Parmers/FBG, LLC
Page 5 of 6
June 3, 2010
Also, this approval to proceed with your proposed,impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative hearings.
You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office,of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Wafer
Act. If you have any questions, please telephone Ian McMillan or Amy Chapman in the Central Office in
Raleigh at 919-733-1756 or Chad Turling-ton in the DWQ Fayetteville Regional Office at 910.422.3300.
Sihcere1 `
oleen H. Sullins
CHS/gm
Enclosures: GC3820
Certificate of Completion
NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
cc: Chad Turlington, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
DLR Fayetteville Regional Office

Bragg-Piceme Parmers/FBG, LLC
Page 6 of 6
June 3, 2010
File Copy
Chad Evenhouse, Kimley-Horn and Associates, 3001 Weston Parkway, Cary, NC 27513
Filename: 052012Ver3ForrBmggNorthemTraining/veaNeighborhmdPhmll(Hamett)401 -.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500 Bragg-Piceme Partners/FBG, LLC have permission to fill or otherwise
impact 249 linear feet of perennial stream in the Cape Fear River Basin, associated with construction of Phase Il of a
military housing subdivision at the site, which is located near Spring Lake, in Harnett County, North Carolina. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached
Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS,
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME
Fort Bragg NTA Neighborhood
DWQPROJECT #:
20052012, Ver.3
LOCATION:
Near Spring Lake
COUNTY
Harnett
BASIN/ SUB BASIN
Cape Fear/03030004
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one -quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
249 Linear Feet of Perennial Stream 249 Linear Feet of Perennial Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NC A-C 2R.0503. If you, cho^se this option, prase sign this form, and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENIIANCMENT
PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
401 Oversight/Express Review Permuting Unit
1650 Mall Service Center, Raleigh, North Carolina 27699-1550
Location: 2321 Crabaee Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internee hapalh2o.enrstate.nc.uslncwetlandsr
Filename: 052012Ver3FortBraggNorthem'PrainingAreaNcighborhoodPhwc II(Hamett)401
One
NorthCarolina
'Natura!!i
An Equal opportunity 1 Affirmative Action Employer

���
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Waier Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
DWQ Project No.:.05 County: Awr tOf
eCL
Applicant:.
Project Name: _ _ _
Date of Issuance of 401 Water Quality Certification: 3
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
,i, , hereby slate that, to the best of my abilities, due care.
and diligence was used in the observation of the construction such that the construction was, observed to
be built within substantial compliance and intent ofthe 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Agent's Certification
1, _ _- , hereby stale that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffcr
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project wes designed by a Certfed Professional _
I, as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized
to observe (pe! iodically, weekly, fuH tiinc) the constriction of the protect, for the Pcrmitec hereby state
that, to the best of my abilities, due care and diligence was used in the observation of the construction
such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other
supporting materials.
Signature Registration No.
Date
401 Oversighl/Evpress Review Peanlring Unit
1650 Mail Service Center, Raleigh, Nortn Carolina 27699-1650
Location: 2321 Cradtrea Blvd., Raleigh, North Carolina 27604
Phono 919 733-17861 FAX: [phone]
Internet. Wp:llh2o enr.state.nouslnmetlands!
An Equal Opponunily I Al irinive Action E nrAoper
NorthCarolina
NatltCa��lf

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2010-00786 County: Harnett USGS Quad: Olivia
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Brace-Picerne Partners, LLC Authorized Agent: Kimley-Horn and Associates, Inc.
Attn: Ron Phillips Attn: Chad Evenhouse
Address: 903 Armistead Street Post Office Box 33068
Fort Bragg, North Carolina 28307 Raleighn , NC 27636-3068
Telephone No.: [phone] [phone]
Size and location of property (water body, road name/number, town, etc.): The tract is 1,063 acres in size and is located adjacent
to Muddy Creek and an unnamed tributary of the Little River, south of HwV 24/87, across from Plantation Drive and the Food
Lion Shopping Center, in the Northern Training Area (NTA) Neighborhood, Fort Bragg, Harnett County North Carolina.
Description of projects area and activity: To install 79 linear feet of twin 8-toot by 7-foot RCB culverts, with concrete headwalls
and aprons on both ends of the culvert at center line station 66+75 on Percy Boulevard and to grade and stabilize 170 feet of
additional stream channel.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344)
_Section 10 (River and Harbor Act of 1899)
Authorization: 14 Nationwide Permit Number
_Regional General Permit Number
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the nationwide permit is modified, reissued or revoked. All of the.existing nationwide permits are
scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of the changes
to the nationwide permits. We will issue a public notice when the nationwide permits are reissued. Furthermore, if you commence
(i.e., are under construction) or are under contract to commence 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 nationwide permit to complete the
activity under the present terms and conditions of this nationwide permit.
Activities subject to Section 404 (asJndice M above) may aLc, 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
program, please contact Mr. Richard K. $.pencer at (910) 2 14172.
Corps Regulatory Official a�� Date: 21 June 2610
i
Expiration Date of Verification: 18 March 2 12
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://regulatory.usacesurvey.com/ to complete the survey
online.
Copy Furnished: DWQ Fayetteville Regional Office
NCEEP

Action ID. 2010-00786 County: Harnett USGS Quad: Olivia
GENERAL PERMIT SPECIAL CONDITIONS
1. Failure to institute and carry out the details of the following special conditions below and the
General Conditions attached will result in a directive to cease all ongoing and permitted work within
waters of the United States, including wetlands, associated with the permitted project, or such other
remedies and/or fines as the U.S. Army Corps of Engineers District Commander or his authorized
representatives may seek.
2. Sediment and erosion control measures shall be in place prior to any land disturbance activities.
3. Dewatering of the construction site, if required, shall be accomplished by pumping to a maintained
silt bag or approved silting basin. All connections and hose lines shall be inspected for proper coupling fit
and leaks before the commencement of the daily work. Used silt bags shall be changed out in accordance
with manufacture's specifications and not allowed to overcharge and release sediment to the surface
waters and/or wetlands. Silt bags will not be located within any wetland or surface water.
4. All wetland areas within the project area that are not to be disturbed shall be identified by use of
barrier fence to prevent unauthorized impacts to these areas.
5. Staging areas or the stockpiling of construction material shall not be located in any wetlands.
6. A concrete sill will be placed in one barrel of the twin culvert to accommodate low flow through one
culvert barrel.
7. Compensatory mitigation for the unavoidable impacts to 249 linear feet of warm water stream
channel associated with the proposed project shall be mitigated by Camp Lejeune by payment to the North
Carolina Ecosystem Enhancement Program (NCEEP) in the amount determined by the NCEEP, sufficient
to provide 498 linear feet of warm water stream credits. Construction within jurisdictional areas on the
property shall begin only after the permmittee has made full payment to the NCEEP ana provided a copy of
the payment documentation to the Corps of Engineers, and the NCEEP has provided written confirmation
to the Corps of Engineers that it agrees to accept responsibility for the mitigation work required.

Action ID Number: 2010-00786 County: Harnett
Permittee: Brace-Picerne Partners, LLC
Date Permit Issued: June 21, 2010
Project Manager: Richard K. Spencer
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
P.O.Box 1890
Wilmington, North Carolina 28402
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

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NATIONWIDE PERMIT 14
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Linear Transportation Projects. Activities required for the construction, expansion,
modification, or improvement of linear transportation projects (e.g., roads, highways, railways,
trails, airport runways, and taxiways) in waters of the United States. For linear transportation
projects in non -tidal waters, the discharge cannot cause the loss of greater than 1/2-acre of waters
of the United States. For linear transportation projects in tidal waters, the discharge cannot cause
the loss of greater than 1/3-acre of waters of the United States. Any stream channel modification,
including bank stabilization, is limited to the minimum necessary to construct or protect the
linear transportation project; such modifications must be in the`immediate vicinity of the project.
This N WP also authorizes temporary structures, fills, and work necessary to construct the
linear transportation project. Appropriate measures must be taken to maintain normal
downstream flows and minimize flooding to the maximum extent practicable, when temporary
structures, work, and discharges, including cofferdams, are necessary for construction activities,
access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be
placed in a manner, that will not be eroded by expected high flows. Temporary fills must be
removed in their entirety and the affected areas returned to pre -construction elevations. The areas
affected by temporary fills must be revegetated, as appropriate.
This NWP cannot be used to authorize non -linear features commonly associated with
transportation projects, such as vehicle maintenance or storage buildings, parking lots, train
stations, or aircraft hangars.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity if: (1) the loss of waters of the United States exceeds
1/10 acre; or (2) there is a discharge in a speciai aquatic site,• n6'Zrai6g wetlaads. (See generai -
condition 27.) (Sections 10 and 404)
Note: Some discharges for the construction of farm roads or forest roads, or temporary
roads for moving mining equipment, may qualify for an exemption under Section 404(0 of the
Clean Water Act (see 33 CFR 323.4).

NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid:
1. Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. 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, unless the activity's primary purpose is to impound
water. Culverts placed in streams must be installed to maintain low flow conditions.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized.
4. Mi rg atory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds rrast be avoided to ffiz'maximurn extent practicable.-
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting
its flow must be minimized to the maximum extent practicable.

9. Management of Water Flows. To the maximum extent practicable, the pre -construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization and storm water management activities, except as provided
below. The activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows. The activity may alter the pre -construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment (e.g.,
stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-
approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on
mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
-exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low -flow or no -flow.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and
the affected areas returned to pre -construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety.
13-PJild and -Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest
Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
16. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
17. Endangered Species. (a) No activity is authorized under any NWP which is likely to
jeopardize the continued existence of a threatened or endangered species or a species proposed
for such designation, as identified under the Federal Endangered Species Act (ESA), or which
will destroy or adversely modify the critical habitat of such species. No activity is authorized

under any NWP which "may affect" a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed activity has been completed.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements.
(c) Non-federal permittees shall notify the district engineer if any listed species or
designated critical habitat might be affected or is in the vicinity of the project, or if the project is
located in designated critical habitat, and shall not begin work on the activity until notified by the
district engineer that the requirements of the ESA have been satisfied and that the activity is
authorized. For activities that might affect Federally -listed endangered or threatened species or
designated critical habitat, the pre -construction notification must include the name(s) of the
endangered or threatened species that may be affected by the proposed work or that utilize the
designated critical habitat that may be affected by the proposed work. The district engineer will
determine whether the proposed activity "may affect" or will have "no effect" to listed species
and designated critical habitat and will notify the non -Federal applicant of the Corps'
determination within 45 days of receipt of a complete pre -construction notification. In cases
where the non -Federal applicant has identified listed species or critical habitat that might be
affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not
begin work until the Corps has provided notification the proposed activities will have "no effect"
on listed species or critical habitat, or until Section 7 consultation has been completed.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species -specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
U.S. FWS or the NMFS, both lethal and non -lethal "takes" of protected species are in violation
of the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide
Web pages at http://www.fws.gov/ and http://www.noaa.gov/fisheries.html respectively.
18. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 106 of the National
Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act. Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements.
(c) Non-federal permittees must submit a pre -construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed, determined to be eligible for listing on, or potentially eligible for listing on the
National Register of Historic Places, including previously unidentified properties. For such
activities, the pre -construction notification must state which historic properties may be affected
by the proposed work or include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State

i.L., r - A -
Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330.4(g)). The district engineer shall make a
reasonable and good faith effort to carry out appropriate identification efforts, which may include
background research, consultation, oral history interviews, sample field investigation, and field
survey. Based on the information submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non -Federal applicant has identified historic properties which the activity
may have the potential to cause effects and so notified the Corps, the non -Federal applicant shall
not begin the activity until notified by the district engineer either that the activity has no potential
to cause effects or that consultation under Section 106 of the NHPA has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre -construction notification whether NHPA Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). If NHPA section
I06 consultation is required and will occur, the district engineer will notify the non -Federal
applicant that he or she cannot begin work until Section 106 consultation is completed.
. (e) Prospective permittees should be aware that section 1 I Ok of the NHPA (16 U.S.C.
470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,
with,intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify. granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
provide documentation specifying the circumstances, explaining the degree of damage to the
integrity of any historic properties affected, and proposed mitigation. This documentation must
include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the
undertaking occurs on or affects historic properties on tribal lands or affects properties of interest
to those tribes, and other parties known to have a legitimate interest in the impacts to the
- permitted activity on historic properties. -- - _-
19. Desienated Critical Resource Waters. Critical resource waters include, NOAA-
designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites,
and outstanding national resource waters or other waters officially designated by a state as
having particular environmental or ecological significance and identified by the district engineer
after notice and opportunity for public comment. The district engineer may also designate
additional critical resource waters after notice and opportunity for comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 27, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.

20. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maximum extent practicable
at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one -for -one ratio will be required for all
wetland losses that exceed 1/10 acre and require pre -construction notification, unless the district
engineer determines in writing that some other form of mitigation would be more
environmentally appropriate and provides a project -specific waiver of this requirement. For
wetland losses of 1/10 acre or less that require pre -construction notification, the district engineer
may determine on a case -by -case basis that compensatory mitigation is required to ensure that
the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of
success is greater and the impacts to potentially valuable uplands are reduced, wetland
restoration should be the first compensatory mitigation option considered.
(d) For losses of streams or other open waters that require pre -construction notification,
the district engineer may require compensatory mitigation, such as stream restoration, to ensure
that the activity results in minimal adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it
cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of
the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
- (0 Compensatory mitigation pions Tor projeets in or near streams -or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
(e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas
may be the only compensatory mitigation required. Riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or aquatic
habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the
stream, but the district engineer may require slightly wider riparian areas to address documented
water quality or habitat loss concerns. Where both wetlands and open waters exist on the project
site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian
areas and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form of
compensatory mitigation, the district engineer may waive or reduce the requirement to provide
wetland compensatory mitigation for wetland losses.
(g) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or
separate activity -specific compensatory mitigation. In all cases, the mitigation provisions will
specify the party responsible for accomplishing and/or complying with the mitigation plan.

(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or. scrub -shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of-way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.
22. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
23. Regional and Case -By -Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its
section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United Sta18-tbr the total project cannot exceed 1/3-acre. -
25. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district office
to validate the transfer. A copy of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit, including any
special conditions, will continue to be binding on the new owner(s) of the property. To validate

the transfer of this nationwide permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
26. Compliance Certification. Each permittee who received an NWP verification from the
Corps must submit a signed certification regarding the completed work and any required
mitigation. The certification form must be forwarded by the Corps with the NWP verification
letter and will include:
(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general or specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit
conditions; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
27. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP,
the prospective permittee must notify the district engineer by submitting a pre -construction
notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, as a general rule, will request
additional information necessary to make the PCN complete only once. However, if the
prospective permittee does not provide all of the requested information, then the district engineer
will notify the prospective permittee that the PCN is still incomplete and the PCN review process
will not commence until all of the requested information has been received by the district
engineer. The prospective permittee shall not begin the activity until either:
(1)*He or she is notified in writing by the district engineer that the activity may'oroceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) Forty-five calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to general
condition 17 that listed species or critical habitat might affected or in the vicinity of the project,
or to notify the Corps pursuant to general condition 18 that the activity may have the potential to
cause effects to historic properties, the permittee cannot begin the activity until receiving written
notification from the Corps that is "no effect" on listed species or "no potential to cause effects"
on historic properties, or that any consultation required under Section 7 of the Endangered
Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see
33 CFR 330.4(g)) is completed. Also, work cannot begin under NWPs 21, 49, or 50 until the
permittee has received written approval from the Corps. If the proposed activity requires a
written waiver to exceed specified limits of an NWP, the permittee cannot begin the activity until
the district engineer issues the waiver. If the district or division engineer notifies the permittee in
writing that an individual permit is required within 45 calendar days of receipt of a complete
PCN, the permittee cannot begin the activity until an individual permit has been obtained.

Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or
revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), regional general
permit(s), or individual permit(s) used or intended to be used to authorize any part of the
proposed project or any related activity. The description should be sufficiently detailed to allow
the district engineer to determine that the adverse effects of the project will be minimal and to
determine the need for compensatory mitigation. Sketches should be provided when necessary
to show that the activity complies with the terms of the NWP. (Sketches usually clarify the
project and when provided result in a quicker decision.);
(4) The PCN must include a delineation of special aquatic sites and other waters of the
United States on the project site. Wetland delineations must be prepared in accordance with the
current method required by the Corps. The permittee may ask the Corps to delineate the special
aquatic sites and other waters of the United States, but there may be a delay if the Corps does the
delineation,, especially if the project site is large or contains many waters of the United States.
Furthermore, the 45 day period will not start until the delineation has been submitted to or
completed by the Corps, where appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non -Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed work. Federal applicants must provide docurhentatk�n demonstrating compliance
with the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non -Federal applicants the PCN must state which historic property may be affected by the
proposed work or include a vicinity map indicating the location of the historic property. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c) Form of Pre -Construction Notification: The standard individual permit application
form (Form ENG 4345) may be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)(l) through (7)
of this general condition. A letter containing the required information may also be used.
(d) Agency Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
W

(2) For all NWP 48 activities requiring pre -construction notification and for other NWP
activities requiring pre -construction notification to the district engineer that result in the loss of
greater than 1/2-acre of waters of the United States, the district engineer will immediately
provide (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy of
the PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water
quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation
Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies
will then have 10 calendar days from the date the material is transmitted to telephone or fax the
district engineer notice that they intend to provide substantive, site -specific comments. If so
contacted by an agency, the district engineer will wait an additional 15 calendar days before
making a decision on the pre -construction notification. The district engineer will fully consider
agency comments received within the specified time frame, but will provide no response to the
resource agency, except as provided below. The district engineer will indicate in the
administrative record associated with each pre -construction notification that the resource
agencies' concerns were considered. For NWP 37, the emergency watershed protection and
rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard
to life or a significant loss of property or economic hardship will occur. The district engineer will
consider any comments received to decide whether the NWP 37 authorization should be
modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
Magnuson -Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps multiple copies of pre -construction
notifications to expedite agency coordination.
(5) For NWP 48 activities that require reporting, the district engineer will provide a copy
of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS.
(e) District Engineer's Decision: In reviewing the PCN for the proposed activity, the
district engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumu!ative sdve se environmental effects or tray be contrary to the
public interest. If the proposed activity requires a PCN and will result in a loss of greater than
1/10 acre of wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts.
The district engineer will consider any proposed compensatory mitigation the applicant has
included in the proposal in determining whether the net adverse environmental effects to the
aquatic environment of the proposed work are minimal. The compensatory mitigation proposal
may be either conceptual or detailed. If the district engineer determines that the activity complies
with the terms and conditions of the NWP and that the adverse effects on the aquatic
environment are minimal, after considering mitigation, the district engineer will notify the
permittee and include any conditions the district engineer deems necessary. The district engineer
must approve any compensatory mitigation proposal before the permittee commences work. If
the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the
district engineer will expeditiously review the proposed compensatory mitigation plan. The
district engineer must review the plan within 45 calendar days of receiving a complete PCN and
determine whether the proposed mitigation would ensure no more than minimal adverse effects
on the aquatic environment. If the net adverse effects of the project on the aquatic environment
10

(after consideration of the compensatory mitigation proposal) are determined by the district
engineer to be minimal, the district engineer will provide a timely written response to the
applicant. The response will state that the project can proceed under the terms and conditions of
the N WP.
If the district engineer determines that the adverse effects of the proposed work are more
than minimal, then the district engineer will notify the applicant either: (l) That the project does
not qualify for authorization under the NWP and instruct the applicant on the procedures to seek
authorization under an individual permit; (2) that the project is authorized under the NWP
subject to the applicant's submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or (3) that the project is authorized under the
NWP with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45-day PCN period. The authorization
will include the necessary conceptual or specific mitigation or a requirement that the applicant
submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the
minimal level. When mitigation is required, no work in waters of the United States may occur
until the district engineer has approved a specific mitigation plan.
28. Single and Complete Proiect. The activity must be a single and complete project. The
same NWP.cannot be used more than once for the same single and complete project.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best management practices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mill ag tion: The restoration, establishment (creation), enhancement, or
preservation of aquatic resources for the purpose of compensating for unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been
achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Discharge: The term "discharge" means any discharge of dredged or fill material.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a

decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral. stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
Historic Property: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
Register of Historic Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete project in
the Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi -phase
project that depend upon other phases of the project do not -have independent utility. Phases of a
project that would be constructed even if the other phases were not built can be considered as
separate single and complete projects with independent utility.
Intermittent stream: An intermittent stream has flowing water during certain times of the
year, when groundwater provides water for stream flow. During dry periods, intermittent streams
may not have flowing water. Runoff from rainfall is a supplemental source of water for stream
flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage'of loss of waters of the United States is a threshold measurerrieao. fi.e
impact to jurisdictional waters for determining whether a project may qualify for an NWT; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded,
excavated, or drained, but restored to pre -construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States. Impacts resulting
from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not
considered when calculating the loss of waters of the United States.
Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non -tidal
wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high
tide line).
Open water: For purposes of the N WPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic vegetation within the area of standing or
12

flowing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Perennial stream: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre -construction notification: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
work and its anticipated environmental effects. Pre -construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. A pre -construction
notification may be voluntarily submitted in cases where pre -construction notification is not
required and the project proponent wants confirmation that the activity is authorized by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
-Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area.
Rehabilitation: The manipulation of the physica!; cnemi<We, or biologicalcharacteristics
of a site with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in.riffles results in a rough flow, a turbulent surface,
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
Pools.
Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine -marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
13

which surface and subsurface hydrology connects waterbodies with their adjacent uplands.
Riparian areas provide a variety of ecological functions and services and help improve or
maintain local water quality. (See general condition 20.)
Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist
of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish
habitat.
Single and complete proiect: The term "single and complete project" is defined at 33
CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or
partnership or other association of owners/developers. A single and complete project must have
independent utility (see definition). For linear projects, a "single and complete project" is all
crossings of a single water of the United States (i.e., a single waterbody) at a specific location.
For linear projects crossing a single waterbody several times at separate and distant locations,
each crossing is considered a single and complete project. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are
not separate waterbodies, and crossings of such features cannot be considered separately.
Stormwater mana eg ment: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation,
and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment.
Stormwater management facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream-bea. --
Stream channelization: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent
mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR 328.3(1), respectively. Tidal waters rise and fall in a predictable and
measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end
where the rise and fall of the water surface can no longer be practically measured in a predictable
rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR 328.3(d).
14

Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
Waterbodv: For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States that, during a year with normal patterns of precipitation, has water flowing or
standing above ground to the extent that an ordinary high water mark (OHWM) or other
indicators of jurisdiction can be determined, as well as any wetland area (see 33 CFR 328.3(b)).
If a jurisdictional wetland is adjacent --meaning bordering, contiguous, or neighboring --to a
jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that waterbody
and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR
328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands.
15

REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE WILMINGTON
DISTRICT
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1. Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from NCDMF or NCWRC and the Corps.
1.2. Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties of North Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (see Section 1. b. 7. for a list of the twenty-five trout counties).
1.3. Sturgeon Spawning Areas
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the National Marine
Fisheries Service (NMFS).
2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all N WP's. These waters are:
2.1. Western NC Counties that Drain to Designated Critical Habitat
Waters of the U.S. that requires a Pre -Construction Notification pursuant to General Condition
27 (PCN) and located in the sixteen counties listed below, applicants must provide a copy of the
PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28805.
This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville
Regulatory Field Office. Please see General Condition 17 for specific notification requirements
related to Federally Endangered Species and the following website for information on the
location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
16

Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for applicants which provide
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
17 requirements.
httl2://www.saw.usace.ariny.iiiil/wetlands/ESA
Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices or the US Army Corps of Engineers office listed below.
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
_-. Asheville, NC 28801
Telephone: [phone]
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone:[phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
2.2. Special Designation Waters
Prior to the use of any N WP in any of the following North Carolina identified waters and
contiguous wetlands, applicants must comply with Nationwide Permit General Condition 27
(PCN). The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as designated by
the North Carolina Environmental Management Commission), or
"Inland Primary Nursery Areas" (IPNA) (as designated by the North Carolina Wildlife
Resources Commission), or "Contiguous Wetlands" (as defined by the North Carolina
Environmental Management Commission), or "Primary Nursery Areas" (PNA) (as designated by
the North Carolina Marine Fisheries Commission).
17

2.3. Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non -Federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the required CAMA permit. Construction
activities for non -Federal projects may not commence until a copy of the approved CAMA
permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington
Field Office — P.O. Box 1890, Wilmington, NC 28402 or Washington Field Office — P.O. Box
1000, Washington, NC 27889):
2. 4. Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 27 (PCN).
2.5. Mountain or Piedmont Bogs
Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina, applicants
shall comply with Nationwide Permit General Condition 27 (PCN).
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Bogs
Piedmont Bogs
Swamp Forest -Bog Complex
Upland depression Swamp
Forest
Swamp Forest -Bog Cornpiox
(Spruce Subtype)
Southern Appalachian Bog
(Northern Subtype)
Southern Appalachian Bog
Southern Subtype)
Southern Appalachia Fen
2.6. Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit.General Condition 27 (PCN).
2.7. Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty-
five (25) designated trout counties of North Carolina, the applicant shall comply with
18

Nationwide Permit General Condition 27 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
impacts to designated Trout Waters. Notification to the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of the notification, the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Counties
Mr. Ron Linville
Western Piedmont Region
Coordinator
Alleghany
Caldwell
Watauga
3855 Idlewild Road
Ashe
Mitchell
Wilkes
Kernersville, NC 27284-9180
Avery
Stokes
Telephone: [phone]
Burke
Surr
Mr. Dave McHenry
Mountain Region Coordinator
Buncombe
Henderson
Polk
20830.Great Smoky Mtn.
Expressway
Cherokee
Jackson
Rutherford
Waynesville, NC 28786
Clay
Macon
Swain
.Telephone: [phone]
Graham
Madison
Transylvania
Fax: [phone]
Haywood
McDowell
I Yancey
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to ell Nationwide Permits in the Wilmington District:
3.1. Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of greater than
300 total linear feet of perennial streams. The NWPs may not be used for activities that may
result in the loss or degradation of greater than 300 total linear feet of ephemeral and intermittent
streams that exhibit important aquatic function(s)* Loss of stream includes the linear feet of
stream bed that is filled, excavated, or flooded by the proposed activity. The District
Commander can waive the 300 linear foot limit for ephemeral and intermittent streams on a case -
by -case basis if he determines that the proposed activity will result in minimal individual and
cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and
intermittent streams must be in writing. This waiver only applies to the 300 linear feet threshold
for NWPs. Mitigation may still be required for impacts to ephemeral and intermittent streams,
on a case -by -case basis, depending on the impacts to the aquatic environment of the proposed
project. [*Note: The Corps uses the Stream Quality Assessment Worksheet, located with Permit
Information on the Regulatory Program Web Site, to aid in the determination of aquatic function
within the intermittent stream channel.]
ID

3.2. Mitigation for Loss of Stream Bed Exceeding 150 Feet.
For any NWP that results in a loss of more than 150 linear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for the loss of aquatic function associated with the proposed activity. For stream losses less than
150 linear feet, that require a PCN, the District Commander may determine, on a case -by -case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effect on the aquatic environment.
3.3. Pre -construction Notification for Loss of Streambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide
Permit General Condition 27 (PCN). This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements, the requirements of the NWP
should be followed.
3.4. Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, measures will be taken to
prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with
waters of the state until the concrete has hardened.
3.5. Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
- -- 3.5rf: Filter cloth must ue placed underneath the riprap as an additional requirement of. s-use is -- - -
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
20

3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing.
The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment.
3.6. Safe Passage Requirements for Culvert Placement
For all N WPs that involve the construction/installation of culverts, measures will be included in
the 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 pipe or culvert
should 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
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gage data, if available. In the
absence of such data, bankfull flow can be used as a comparable level.
In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area
Management Act (CAMA): All pipe and culvert bottoms shall be buried at least one foot below
normal bed elevation when they are placed within the Public Trust Area of Environmental
Concern (AEC) and/or the Estuarine Waters AEC as designated by CAMA, and/or all streams
appearing as blue lines on United States Geological Survey (USGS) quad sheets.
Roadway
Culvertburied
Approach Fill Baxilcfiill belowstteambed
to appropriaM
depth (if required).
Stream
Bottom
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or 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 the existing channel slope. The bottom of the culvert must be placed at a
depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
Destabilizing the channel and head cutting upstream should be considered in the placement of
the culvert.
A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed in wetlands do not have to be buried.
21

3.7. Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November I and April 30 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas may be used. If
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued.
3.8. Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
4.0 Additional Regional Conditions Applicable to Specific Nationwide Permits
The following regional conditions are required for NWP # 14 - Linear Transportation Crossings:
4.1. Natural Channel Design
Applicants shall employ natural channel design (see definition below) to the maximum extent
practicable for stream relocations. In the event it is not practicable to employ natural channel
design, any stream relocation shall be considered a permanent impact and the applicant shall
provide a mitigation plan to compensate for the loss of aquatic function associated with the
proposed activity.
Natural Channel Design: A geomorphologic approach to stream restoration based on an
understanding of valley type, general watershed conditions, dimension, pattern, profile,
hydrology and sediment transport of natural, stable channels (reference condition) and applying
this understanding to the reconstruction of a stable channel.
4.2. Maintenance of Bank -full Flows
Bank -full flows (or less) shall be accommodated through maintenance of the existing bank -full
channel cross sectional area. Additional culverts at such crossings shall be allowed only to
receive flows exceeding bank -full.
22

Approach Fill
' Roadway
Bankfull
-----
Culvertbt
belowstrei
tneppropr
rla on (ifn
Baffle) Stream
Blockage Bottom
4 3. Maintenance of Floodplain Elevation
ried
imbed
ate
quired).
Where adjacent floodplain is available, flows exceeding bank -full should be accommodated by
installing culverts at the floodplain elevation.
4.4. Prohibition to Create Upland from Waters of the US
This NWP authorizes only upland to upland crossings and cannot be used in combination with
Nationwide Permit 18 to create upland within waters of the United States, including wetlands.
Approach Fill
Roadway
Floodplain
Elevation
4.5. Tidal Water Restrictions
This NWP cannot be used for private projects located in tidal waters or tidal wetlands.
23

NC DIVISION OF WATER OUALITY - GENERAL CERTIFICATION CONDITIONS
For the most recent General Certification conditions, call the NC Division of Water Quality,
Wetlands/401 Certification Unit at [phone] or access the following website:
http://h2o.enr.state.nc.us/iicwetlands/certs.html
NC DIVISION OF COASTAL MANAGEMENT - STATE CONSISTENCY
In a letter dated May 7, 2007, the North Carolina Division of Coastal Management found this
NWP consistent with the North Carolina Coastal Zone Management Program. Updates on
CAMA Consistency for NC can be found on the NC DCM web site at:
http://dcm2.ent-.state.ilc.us/Permits/consist.htm
EASTERN BAND OF THE CHEROKEE INDIANS TRIBAL WATER QUALITY
CERTIFICATIONS
In a letter dated May 8, 2007, US EPA, on behalf of the Eastern Band of Cherokee Indians,
provided Tribal General Conditions for Nationwide Permits on Cherokee Indian Reservation.
These Tribal General Conditions are located on the Corps website at:
http://www.saw.Llsace.armv.mil/WETLANDS/NWP2007/EBCI-certs.htmi
Citations:
2007 Nationwide Permits Public Notice for Final Issue Date: March 15, 2007
Correction Notice for Nationwide Permits, Federal Register / Vol. 72, No. 88 / Tuesday, May 8,
2007 / Notices p.26082
2007 SAW Regional Conditions — Authorized June 1, 2007
This and other information can be found on the Corps web site at:
http://www.saw.usace.army.miI/WETLANDS/N W P2007/nationwide-permits.hanl
24

PICERNE CONSTRUCTIONIFBG, LLC
WRITTEN CONSENT OF SOLE MEMBER
February 28, 2008
The undersigned, being the sole member representing all of the capital
values and the ownership interests of Picerne ConstructionIFBG, LLC, a
Delaware limited liability company (the "Company'), hereby consents and agrees
to the following actions:
VOTED: That Ron Phillips is hereby elected to the office of Vice President,
to serve until his respective successor is elected and qualified, or
until his earlier death, resignation or removal, as provided in the
operating agreement of the Company.
This writing shall be filed with the records of the meetings of the Company and
shall for all purposes be treated as action taken and votes adopted at a meeting
of the Members duly called noticed and held.
PICERNE MILITARY HOUSING, LLC.
ohn G. Picerne, President

BRAGG-PICERNE PARTNERS, LLC
WRITTEN CONSENT OF SOLE MEMBER.
January 31, 2007
The undersigned, being the sole member representing all of the capital values
and the ownership interests of Bragg-Picerne Partners, LLC, a Delaware limited
liability company (the "Company" hereby consents and agrees to the following
actions:
VOTED: That the following persons are elected to the offices
designated, to serve until their respective successors are
elected and qualified or until their earlier death, resignation or
removal, as provided in the operating agreement of the
Company:
John G. Picerne President
David Rozen Vice President
Michael DeLaRosa Vice President
Kurt W. Ehlers Vice President & Program Director
Rasim Mold CFO, Treasurer & Vice President
Janet Colantuono Secretary
This writing shall be filed with the records of the meetings of the Company and
shall for all purposes be treated as action taken and votes adopted at a meeting of the
Members duly called, noticed and held.
PICERNE-MILITARY HOUSING, LLC
By: _—
John. . Picerne, President

DACAGS-1-03-16
DEPARTMENT OF THE ARMY
GROUND LEASE
FORT BRAGG, FAYETTEVILLE, NORTH CAROLINA
HARNETT AND CUMBERLAND COUNTIES
This GROUND LEASE ("Ground Lease"), made as of the 1 st day of August,
2003 (the "Effective Date"), by and between THE UNITED STATES OF AMERICA,
by THE SECRETARY OF THE ARMY (the "Secretary") and BRAGG
COMMUNITIES, LLC, a Delaware limited liability company (the "Lessee"). The
Secretary and Lessee may be referred to collectively as the "Parties" and each may
be referred to separately as a "Party."
WITNESSETH:
The Secretary, by the authority of Title 10, United States Code, Section
2878, for the consideration hereinafter set forth, leases to the Lessee the property
identified in Exhibit A-1 and A 2 (the "Site"), subject to the existing encumbrances
Identified in Exhibit B, specifically excluding those improvements conveyed by deed
of 1 August 2003 and all other improvements of whatever nature currently located
or constructed in the future on the Site (all buildings, improvements, fixtures and
systems being collectively referred to as the "Improvements"; the Site and the
Improvements collectively are referred to as the "Project"), for the design,
management, rehabilitation, renovation, maintenance of residential communities
and related ancillary facilities at Fort Bragg, Fayetteville, North Carolina (the
"Installation").
THIS GROUND LEASE is granted subject to the following Conditions:
1. TERM
a. The initial term of this Ground Lease of all lands described in Exhibit A-1 and
A-2 is for a period of fifty (50) years, commencing on the Effective Date and expiring
July 31, 2053.
Notwithstanding the term of this Ground Lease, at the Secretary's discretion,
the Secretary and Lessee will modify the Ground Lease to exclude the property
described in Exhibit A-2 and the Lessee will deed the Improvements to the Army
(the portion of land to be so excluded from the Ground Lease, together with the
Improvements located thereon, being hereinafter referred to as the "Reconveyed
Property"). Unless the parties agree to the contrary, the Reconveyed Property shall
be released from the Ground Lease and deeded to the Army no later than
December 31, 2006.

DACAGS-1-03.16
b. The Secretary may extend this Ground Lease with respect to all lands
described in Exhibit A-1 for one (1) additional period of twenty-five (25) years,
August 1, 2053 through July 31, 2078 by providing eighteen (18) months advance
written notice to the Lessee, provided Lessee accepts the lease extension within
ninety (90) days from the date of receipt of written notice. Any lease extension shall
be governed by the terms, covenants, and conditions of this Ground Lease and all
other project documents as they may exist at the time, including any modifications,
supplements and amendments. In the event Lessee fails to accept the lease
extension, this Ground Lease shall expire pursuant to Condition 1.a.
2. CONSIDERATION
The consideration provided by the Lessee for the Secretary's execution of the
Ground Lease consists of (i) the membership interest in Lessee granted to the
Secretary in accordance with the Bragg Communities LLC Operating Agreement
and (ii) Lessee's agreement to design, develop, manage, rehabilitate, renovate and
maintain the Project at the Installation and In accordance with the terms of this
Ground Lease.
3. NOTICES
Any notice, demand, order, direction, determination, requirement, consent or
approval, request or other communication with respect to this Ground Lease or with
respect to the Project shall be in writing and shall not be effective for any purpose
unless given or served by personal delivery to the party or parties to whom such
notice, demand, order, direction, determination, requirement, consent or approval,
request or other communication is directed or by mailing in duplicate to the party or
parties by certified mail, postage prepaid, return receipt requested, or sending the
same by telecopy, electronic mail, or other similar form of rapid transmission,
addressed as follows:
If to the Lessee:
Bragg Communities, LLC
c/o Piceme Military Housing
75 Lambert Lind Highway
Warwick, Rhode Island 02886
Attention: John Picerne

With a copy to its
Managing Member:
If to the Secretary:
With a copy to:
Bragg-Piceme Partners, LLC
c/o Picerne Military Housing
75 Lambert Lind Highway
Warwick, Rhode Island 02886
Attention: John Picerne
U.S. Army Corps of Engineers
Norfolk District
ATTN: CENAO-TS-R (RCI)
Fort Norfolk, 803 Front Street
Norfolk, Virginia 23510-1096
Garrison Commander
Bldg. 1-1326
ATTN: AFZA-GC
Fort Bragg, NC 28310
DACA65-1.03-16
If to the Mortgagee (defined in 10.b.):
GMAC Commercial Capital Holding Corp.
1801 California Street, Suite 3700
Denver, CO 80202
Attention: Dan Ray, Senior Vice President
If prior to delivery of Completion Date Certificate:
GMAC Commercial Mortgage Corporation
100 South Wacker Drive, Suite 400
Chicago, IL 60606
Attention: Phil Keel
If subsequent to delivery of the Completion Date Certificate:
GMAC Commercial Mortgage Corporation
200 Witmer Road
Horsham, PA 19044
Attention: Servicing Executive Vice President
or at such other address or addresses as the Secretary, Lessee, Managing
Member, Mortgagee (identified above) or any other Mortgagee (hereinafter defined)
may from time to time designate.
3:

DACA63-1-03-16
Every notice, demand, order, direction, determination, requirement, consent or
approval, request or communication sent by mail shall be deemed to have been
given or served as of the second business day following the date of mailing.
4. AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided herein, until notice is provided to the
contrary, any reference to "Secretary" or "U.S. Army Corps of Englneers" shall
include their duly authorized representatives or successors. The authorized
representative of Lessee is its Managing Member. Any reference to "Lessee" shall
include any of its sublessees, assignees, transferees, successors and their duly
authorized representatives, except residents of individual housing units.
5. SUPERVISION BY THE SECRETARY; RIGHT TO ENTER
a. To the extent not otherwise governed by this Ground Lease, the use and
occupancy of the Project shall be subject to the general supervision and approval of
the Secretary and to such rules and regulations as may be prescribed from time to
time by the Secretary. It is anticipated by the Parties that the Secretary shall
continue to maintain and exercise command control over and with respect to (i) the
Project, including traffic control, law enforcement and other matters, and (ii) military
personnel that may be residing at or otherwise present on the Project from time to
time.
b. The Secretary, its officers, agents and employees, shall have the right to
enter upon the Site for any purpose necessary or convenient in connection with the
Secretary's purposes, including, without limitation, compliance with environmental,
safety, and occupational health laws and regulations, whether or not the Secretary
is responsible for enforcing them. Such inspections are without prejudice to the
right of duly constituted enforcement officials to make such inspections.
The Secretary may make such inspections as are determined by the Secretary to
be necessary and appropriate. The Secretary will enter the Project only during
regular business hours, give Lessee at least twenty-four (24) hours prior notice of
entry, and permit a representative of Lessee to be present unless the Secretary
determines that emergency entry is required for safety (including fire),
environmental, operations, law enforcement or security purposes, or such entry is
required as a matter of military necessity. Lessee shall have no claim on account
of any entries against the United Slates or any officer, agent, employee, or
contractor thereof on account of any entry in the ordinary course of business under
this Condition 5, except for damages resulting from the negligence or misconduct of
the United States or any such officer, agent, employee, or contractor or except
where such entry materially impairs or interferes with rights granted to the Lessee
hereunder.

DACA55-1.03.16
c. The Secretary, its officers, agents and employees, shall have the right to
enter upon the area shown in Exhibit A-3 hereto and hereinafter known as the
"McKnight Construction Site" in order to fulfill its obligations under the existing
construction contract with McKnight Construction Company, all as more fully
described at Condition 17A.
6. ACCESS BY LESSEE
a. At all times during the term of this Ground Lease, the Secretary will provide
access to the Installation to the Lessee, its constituent members and each of their
respective officers, directors, partners, members, employees, Permitted Tenants
(hereinafter defined) and other residents of the housing units, contractors and
subcontractors, representatives, invitees, permittees, Mortgagees, and agents,
which may collectively referred to as the "Lessee Parties." Access shall include
vehicular and pedestrian access, including access for residents of the housing units
who are not military personnel, among the various parcels comprising the Project,
with access to all parcels connecting ultimately to an open and dedicated public way ;
over existing roads.
b. The Installation Commander of Fort Bragg (the "Installation Commander")
may impose vehicle registration and identification restrictions, or other access
restrictions and/or identification requirements, on the Lessee Parties and/or any of
their visitors that the Installation Commander deems advisable for purposes of
security, force protection or military necessity.
C. The Installation Commander may limit access to the Project at his or her
discretion, to the extent as may be required for security, force protection or military
necessity provided the Installation Commander shall use his or her best efforts to
exercise discretion in a manner which does not unnecessarily interfere with
Lessee's rights and obligations under this Ground Lease.
d. The Installation Commander will allow Lessee access to the existing housing
signs on the Installation for the purpose of maintaining housing signs located
outside of the Site.
7. APPLICABLE LAWS AND REGULATIONS
a. At all times during the term of this Ground Lease, the Lessee shall faithfully
observe and comply with all applicable Federal, State and local laws, rules,
regulations, orders, ordinances, and other governmental standards and
requirements at Lessee's sole cost and expense.
b The Lessee will comply with the Americans with Disabilities Act ("ADA") and
the attendant guidelines published by the Architectural and Transportation Barriers
Compliance Board.
5'

DACA65-1-03.15
8. NON-DISCRIMINATION
The Lessee shall not discriminate against any person or persons, or exclude them
from participation in the Lessee's operations, programs or activities conducted on
the Project because of race, color, gender, religion, sex, age, handicap or national
origin.
TRANSFERS, ASSIGNMENT, OR SUBLEASES
a. BY THE LESSEE
(1) The Lessee shall neither transfer nor assign this Ground Lease nor
sublet any part of the Project (other than rental of dwellings to Permitted Tenants as
defined in Condition 14 and Mortgages permitted under Condition 10), nor grant any
interest, privilege, or license whatsoever in connection with this Ground Lease
without prior written approval of the Secretary.
(2) Any assignment granted by the Lessee shall be subject to and
consistent with all of the terms and conditions of this Ground Lease, including,
without limitation, the environmental protection provisions set forth in Condition 25.
Any successor shall be deemed to have assumed all of the obligations of the
Lessee under this Ground Lease and all other documents and agreements
Incorporated into this Ground Lease, and the Lessee shall be released from all
obligations under this Ground Lease and all other documents and agreements
incorporated into this Ground Lease from and after the date of the assignment.
(3) Any sublease or grant of any interest, privilege, or license by the
Lessee must expressly be subject to all of the terms and conditions of this Ground
Lease, including, without limitation, the environmental protection provisions set forth
in Condition 25; and shall not relieve Lessee of any of its obligations.
(4) In case of any conflict between any provisions of this Ground Lease
and any provisions of any agreement permitted under this Condition 9, this Ground
Lease will control. A copy of this Ground Lease and all current documents and
agreements that are incorporated into this Ground Lease must be attached to all
agreements permitted under this Condition 9 (other than leases to Permitted
Tenants).
(5) The Secretary shall not be obligated to recognize any right of any
person or entity to an interest in this Ground Lease or to own or operate any
facilities and/or Improvements or conduct any other activity or activities on the
Project authorized under the Ground Lease acquired in violation of this Condition 9.
11

DACA65-1.03-16
b. BY THE SECRETARY
(1) In the event that the Secretary shall assign or transfer this Ground
Lease, or convey title to any portion of the Site, this Ground Lease shall remain in
effect with respect to any portion of the Site in the hands of a successor, provided
however, any successor owner shall not succeed to the Secretary's rights under
Conditions 5.a., 6b, 6c, 14, 22, 23 and 25 and shall not succeed to the rights of any
other agency of the United States.
(2) In case of Installation closure, if the Managing Member, shall notify the
Secretary within ninety (90) days after receipt of formal notification under Base
Realignment and Closure procedures in effect at the time that the Installation will be
closed (the "Closure Notice") that the Purchase Option (hereinafter defined at
Condition 20) is not to be exercised pursuant to that certain Purchase Option
Agreement of even date herewith ("Purchase Option Agreement"), this Ground
Lease shall remain in full force and effect. If the Managing Member, shall give
timely notice to the Secretary pursuant to the Purchase Option of its election
exercise the Purchase Option as provided therein, this Ground Lease shall remain
in full force and effect following the acquisition of the Site pursuant to said Purchase
Option, unless the Managing Member shall elect to terminate this Ground Lease
and furnish the Secretary with thirty,(30) days' written notice of such termination, in
which event this Ground Lease shall terminate at the end of such 30-day period.
10. LIENS AND MORTGAGES
a. No Liens or Mortgaqes Except as Expressly Permitted. Except as provided
in this Condition 10, neither the Secretary nor the Lessee shall engage in any
financing or other transaction creating or permitting the creation of any mortgage
upon the Project, place or cause to be placed upon the Project any lien or other
encumbrance other than encumbrances required in accordance with the Ground
Lease or permitted under Exhibit C, or suffer any levy or attachment to be made on
its interest in the Project, other than such levy or attachment as may result from a
foreclosure of a mortgage that is consistent with this Condition 10, Any such
unpermitted mortgage, encumbrance, or lien shall be deemed to be a violation of
this covenant on the date of its execution or filing of record regardless of whether or
when it is foreclosed or otherwise enforced, and is void in its inception.
b. Permitted Mortgages. During the term of this Ground Lease, the Lessee may
from time to time, with consent from the Secretary, encumber its interest in the
Project (including Improvements, personal property, rents, revenues, and insurance
proceeds), including this Ground Lease and all documents executed in connection
herewith, by way of one or more loans or other financing secured by a mortgage,
deed of trust, loan document, assignment for collateral purposes or other security
interest (collectively, together with all renewals, modifications, replacements and
refinancings, a "Mortgage'), which Mortgage shall be subject to the terms of this
7

DACA65-1-03-16
Condition 10. The holder of any Mortgage, including the lender identified in
Condition 3, shall be referred to as a "Mortgagee." Any instrument evidencing,
securing, guaranteeing, insuring or providing credit enhancement for a loan secured
by a Mortgage shall be a "Financing Document." The Secretary agrees to execute
an estoppel certificate or any other similar documentation, as may reasonably be
required by the Mortgagee from time to time, to consent to the Mortgage, to
acknowledge the rights of the Mortgagee under this Condition 10, and to certify the
status of this Ground Lease and the performance of the Secretary and the Lessee
as of the date of such certification. The Secretary agrees to execute documents
and/or take actions as Lessee or Mortgagee may reasonably request from time to
time in order to evidence, perfect and protect Mortgagee's lien and security interest,
including, without limitation, execution and filing of financing statements and
obtaining the appropriate acknowledgement from the applicable Secretary official.
Notwithstanding any foreclosure or other enforcement of the Mortgage or
conveyance, Lessee shall remain liable for the performance of all the terms,
covenants, and conditions of this Ground Lease that are to be carried out and
performed by the Lessee. Set forth at Exhibit C hereto is a schedule of the -
Financing Documents to be executed upon the initial financing of the Project.
Without limitation to the foregoing, the Secretary hereby consents to each of the
"Loan Documents" as defined in the Loan Agreement dated -as of August 1, 2003,
between the Lessee and GMAC Commercial Holding Capital Corp., agrees that
each such "Loan Document" constitutes a Financing Document and acknowledges
GMAC Commercial Holding Capital Corp. and its assignees of any interest under
such "Loan Documents" as a Mortgagee.
C. No Encumbrance of Secretary's Interests. No Mortgage shall extend to or
affect the fee title in the Project or the right of the Secretary to acquire the
Improvements upon expiration or termination of this Ground Lease. No Mortgage
shall be binding upon the Secretary in the enforcement of Its rights and remedies
under this Ground Lease and by law unless and until a copy of the Mortgage is
delivered to the Secretary.
d. Notice to Secretary. The Lessee shall furnish the Secretary notice of the
name and address of each Mortgagee, servicer, agent or trustee of a Mortgage
(excluding parties holding participation interests in the Mortgage). Further, the
Lessee shall notify the Secretary promptly of any lien or encumbrance that has
been created or attached to the Lessee's interest in the Project, whether by act of
the Lessee or otherwise, of which the Lessee has actual notice.
e. Nondisturbance. If a Mortgagee, or purchaser at foreclosure of the
Mortgage, or transferee or assignee, acquires Lessee's interest In the Project by
virtue of the default by Lessee under the Mortgage or otherwise, this Ground Lease
shall automatically continue in full force and effect so long as the Mortgagee,
purchaser at foreclosure, transferee or assignee is, with respect to any existing
Default, taking the actions required under Conditions 10.f. and g. to preserve the
rights of the Mortgagee, purchaser at foreclosure, transferee or assignee under this

DACABS-"3•15
Ground Lease. Neither the Mortgagee, purchaser at foreclosure, transferee or
assignee, nor their agent or nominee, may operate, develop or manage any portion
of the Project without obtaining the prior written approval of the Secretary. Such
approval shall not be unreasonably withheld so long as the Mortgagee, purchaser at
foreclosure, transferee or assignee, or their agent or nominee has the capacity and
experience listed on Exhibit D. For the period of time during which the Mortgagee,
purchaser at foreclosure, transferee or assignee holds Lessee's interest in the
Project, that Party shall become liable and fully bound by the provisions of this
Ground Lease for only those obligations arising during the period of that Party's
ownership. The Secretary agrees to execute and deliver to the Mortgagee a
nondisturbance agreement consistent with the terms of this Condition 10.
f. Rights of Mortgagees. If a Mortgagee, or a servicer, agent or trustee of a
Mortgagee, provides written notice to the Secretary of its lien'on the Project and its
name and address, the Secretary agrees that so long as the Mortgage shall remain
unsatisfied of record, or until written notice of satisfaction is provided by the
Mortgagee to the Secretary, the following provisions shall apply:
(1) There shall be no cancellation, surrender, alteration, amendment or
modification of this Ground Lease by Lessee or by joint action of the Secretary and
Lessee without the prior consent in writing of the Mortgagee, which shall not be
unreasonably withheld, nor shall any merger result from the acquisition by, or
devolution upon, any one entity of the fee and leasehold estates in the Project.
(2) The name of the Mortgagee may be added to the "Loss Payable
Endorsement" of any and all insurance policies required to be carried by Lessee
provided that the insurance proceeds are to be applied or paid in the manner
specified in the Mortgage.
(3) Mortgagee shall be entitled to participate in any settlement regarding
insurance or condemnation proceeds with respect to any claim in excess of $25,000
in value and to supervise and assure the receipt and application of proceeds in
accordance with the Mortgage. Neither the Secretary nor Lessee shall be entitled
to cancel this Ground Lease by reason of any damage or destruction without the
prior written consent of Mortgagee.
g. Multiple Mortgagees. If more than one Mortgagee seeks to exercise any of
the rights provided for in this Condition 10 in an inconsistent manner, the Mortgagee
having priority of lien over the other Mortgagee(s) shall be entitled, as against the
others, to exercise its rights. Should a dispute arise among Mortgagees regarding
the priority of the lien, the Mortgagees shall be required to demonstrate to the
Secretary which Mortgagee has priority of lien as a condition to exercising any
rights.
h. No Merger. The fee title to the Site and the leasehold interest of Lessee in
the Project shall not merge as long as any Mortgage is outstanding, but instead

DACW-1-03-18
shall at all times remain separate and distinct, notwithstanding the union of any
interests of the Secretary or any other entity.
i. Reliance: Successors and Assigns. Each Mortgagee, and its successors
and assigns, shall be entitled to rely on the provisions of this Condition 10 and to
enforce any provisions against the Secretary.
11. MUNICIPAL SERVICES
Pursuant to that certain Municipal Services and Utility Support Agreement, by and
between the Army and the Partnership, dated as of the Effective Date, the Lessee
shall pay the cost of producing and/or supplying any utilities and other municipal
services (all such terms being described and/or defined in said Agreement)
furnished by the Secretary or through government -owned facilities. Non-
compliance with the Municipal Services Agreement shall constitute a Default under
this Lease. Unless otherwise specifically provided in the Municipal Services
Agreement, the Lessee may make its own arrangements for new or additional utility
systems and services provided or distributed by private parties on the Installation
and the Secretary will cooperate with Lessee's reasonable requests for the grant of
access easements to Lessee's utility providers.
During the term of this Ground Lease, the Secretary shall provide municipal
services or provide a reasonable grant of access to municipal service providers.
12. PROTECTION OF PROJECT
a. The Lessee shall keep the Project in good order and in a decent, safe, and
sanitary condition by and at the sole expense of the Lessee and pursuant to this
Ground Lease and Exhibit E.
b. The Lessee has the right to demolish, construct, or renovate structures, and
other Improvements on the Project in accordance with this Ground Lease. The
demolition, renovation and construction of the Improvements is a private
undertaking and title to the Improvements constructed by Lessee shall vest in
Lessee. Subject to the terms of this Ground Lease, the Lessee shall be entitled to
install such of its own machinery and equipment to make improvements and to
attach such fixtures in or upon the Project as may be necessary for its use of the
Project pursuant to this Ground Lease, and to remove such machinery, equipment,
improvements and fixtures at any time prior to the expiration or earlier termination of
this Ground Lease, if consistent therewith.
C. The Secretary will maintain, repair and replace (or cause to be maintained,
repaired or replaced) ingress and egress to the Project and between noncontiguous
portions of the Project, and keep them in good order to the same level as the
maintenance performed to the remainder of the Installation.
111

DACA65-1.03-16
13. INSURANCE
a. Lessee shall maintain or cause to be maintained the insurance coverages
listed in this Condition plus any others required by the Mortgagee. This requirement
includes, but is not limited to, replacement cost coverage insurance, renters'
insurance, environmental insurance, general liability insurance, and [any other
insurance such as flood insurance] with coverage in amounts never less than is
commercially reasonable. Rating of the insurer shall be acceptable to the
Secretary.
b. Each policy shall provide that
(1) Any losses shall be payable notwithstanding any act orfailure to act or
negligence of the Lessee or the Secretary or any other person.
(2) No cancellation, reduction in amount or material change in coverage
thereof shall be effective until at least thirty (30) days after receipt of
notice of such cancellation, etc., by the Secretary.
(3) The Lessee shall defend (pay all legal costs) and indemnify (pay all
settlements or judgments) for activities of the Lessee pursuant to its
obligations under this Ground Lease.
(4) The insurer shall have no right of subrogation against the Secretary.
(5) The policy shall be reasonably satisfactory to the Secretary in all
respects.
(6) Any deductible or self -insured retention shall be declared to the
Secretary.
Notwithstanding the foregoing, the Lessee understands and agrees that
cancellation of any insurance coverage required to be carried and maintained by the
Lessee under this Condition will constitute a failure to comply with the terms of this
Ground Lease, and the remedies for Default and breach pursuant to Condition 19
shall apply.
C. The Lessee shall carry general liability insurance on an "occurrence basis"
against all claims for' personal injury; including without limitation, bodily injury,
death or property damage, occurring upon, in or about the land, including any
buildings and adjoining sidewalks, streets, and passageways. Insurance coverage
must afford immediate minimum protection at all times during the term of this
Ground Lease, with limits of liability in amounts approved from time to time by the
Secretary, but not less than $ 35,000,000 in the event of bodily injury and death to
any one or more persons in one accident, and not less than $ 35,000,000 for
11

DACA65-047-16
property damage. Insurance coverage shall also include coverage against liability
for bodily injury or property damage arising out of the acts or omissions by or on
behalf of any person or organization, or involving any owned, non -owned, leased or
hired automotive equipment in connection with the Lessee's activities. The
insurance carried and maintained by the Lessee pursuant to this Condition 13 shall
provide coverage to protect the Secretary from any damage or liability for which the
Lessee is liable or responsible or agrees to hold harmless and indemnify the
Secretary under this Ground Lease. Proceeds under all policies of insurance
carried and maintained to provide coverage required in this Condition 13 shall be
applied in accordance with the Mortgage.
d. In the event any item or part of the Project shall be damaged (except de
minimis damage) or destroyed, Lessee shall promptly provide notice to the
Secretary. Subject to the requirements of the Financing Documents, and except as
waived by the Secretary, Lessee shall restore or replace the damaged or destroyed
property as soon as practicable, to the extent insurance proceeds are available. All
applicable insurance proceeds relative to the damaged or destroyed property shall
be applied (subject to any provisions of the Financing Documents) first to removing
debris from and restoring the damaged area to a reasonably clean and safe
condition. Any remaining balance of the proceeds may be retained by Lessee,
subject to Conditions 15 and 16 of this Ground Lease.
e. The Lessee shall provide renters insurance coverage for the benefit of
Military Tenants that is comparable to renters. insurance coverage provided by other
privatized military residential communities. '
f. The Lessee shall deliver or cause to be delivered upon execution of this
Ground Lease (and not less than fifteen (15) days prior to the expiration date of
each policy furnished pursuant to this Condition 13) a certificate of insurance
evidencing the insurance required. The Lessee upon request from the Secretary,
shall deliver a certified copy of each policy of insurance required by this Ground
Lease to the Secretary as soon as such policy is made available by the insurer.
g. The Lessee shall maintain workers' compensation insurance in accordance
with State law. This insurance must be valid for the entire lease period. Neither the
Lessee nor its employees are employees of the United States.
14. RENTAL AND OCCUPANCY REQUIREMENTS
a. The Project shall be operated as a residential rental development for
Permitted Tenants. Specifically, the Project shall be managed and maintained in
accordance with the procedures and protocols set forth in Condition 12 and Exhibit
E, and the failure of the Lessee to manage the Project in accordance with the level
of service shall be a Default, subject to all applicable rights in this Ground Lease.
12

DACA65.1.03.16
b. Lessee will offer the Project's dwelling units for rent consistent with the
following priorities:
PRIORITY SEQUENCE FOR PERMITTED TENANTS
CATEGORY
PRIORITY
Accompanied military personnel assigned or attached for duty at
1
the Installation
Accompanied military personnel assigned or attached for duty at
2
other military installations within a 50 mile radius of the Installation
Unaccompanied family members:of military, personnel .__ _
3
Unaccompanied military personnel (married and single) assigned'or
4
attached for duty. as stated in 1 above
Accompanied retired military personnel and spouses or widowed
5
spouses of. retired military,personnel
Accompanied DoD and Federal Agency civilians (other than
6
designated Key & Essential
Non-military or non-DoD or non -Federal Agency personnel (general
7
public)_,.
Residential rental units will not be rented to prospective tenants with lower priority in
the above list, if higher priority tenants are available to rent the units, unless the
Secretary approves an exception. Active duty military tenants will be charged rents
that do not exceed the applicable Basic Allowance for Housing ("BAH") for U.S.'
military service personnel. Foreign military will be charged equivalent rates. As
used in this clause, the term "rent" includes payment for utilities. If two (2) or more
military service personnel live in one unit, the rent for such unit shall not exceed the
"with dependents" BAH for the senior or higher ranking military member occupying
such unit. Personnel identified in priority categories 1 through 4above that do not
receive BAH will pay rent based on the "with dependents" BAH for the highest grade
of BAH attributable to the unit based upon the then -applicable Unit Designation
Schedule. Tenants in priority categories below 4 shall pay rents, as determined by
Lessee.
15. RESPONSIBILITY AND INDEMNITY
a. The Lessee shall be responsible for any damage that may be caused to the
Project or to property of the Secretary by the activities of the Lessee under this
Ground Lease and shall exercise due care in the protection of ail.property located
on the Site against fire or damage from any and all other causes. Except as
otherwise provided in the Ground Lease, any property of the Secretary damaged or
destroyed by the Lessee incident to the exercise of the privileges granted by this
Ground Lease shall, to the extent reasonably practicable, be promptly repaired or
replaced by the Lessee to the condition existing immediately prior to damage or
13

DACA88.1.03.18
destruction, or at the election of the Secretary, the Lessee shall reimburse the
Secretary in an amount reasonably necessary to restore or replace the property
b. The Lessee agrees to indemnify, defend, save, and hold harmless the
Secretary, its officers, agents and employees from and against all suits, claims,
demands or actions, liabilities, judgments, including actual costs and attorney's fees
arising out of, claimed on account of or in any manner predicated upon personal
injury, death or Project damage resulting from, related to, caused by or arising out
of Lessee's possession. or use of the Project or any activities conducted or services
furnished by Lessee in connection.with or pursuant to this Ground Lease, and all
claims for damages by Lessee's tenants against the Secretary arising out of or
related to their tenancy, except as otherwise expressly agreed.
16. RESTORATION
On or before the expiration or termination date of this Ground Lease, the Lessee
shall surrender and convey all of the Improvements located on the Site, in the
condition required by Exhibit E, to the Secretary, without compensation, In such
event, the Lessee shall quitclaim to the Secretary all of the Lessee's right, title and
interest in and to the Improvements, subject only to Exhibit B, any rights granted the
Lessee, all future outgrants granted by the Secretary, and any other liens or
encumbrances expressly agreed to by (or arising by, through or under) the
Secretary. On or before the expiration date of this Ground Lease, the.Lessee shall
deliver a bill of sale to the Army, without payment, for all of the Lessee's right, title,
and interest in and to the related personal property and software. The Lessee
grants the Secretary power of attorney to execute any. quitclaim deed or other
documents to clear title to the Improvements and related personal property.
17. EASEMENTS AND OTHER ENCUMBRANCES
a. This Ground Lease is subject to all existing outgrants, which are listed on
Exhibit B; to easements, permits, or licenses subsequently granted, and to
established access routes for roadways and utilities located, or to be located, on the
premises. The grant of any new easement, permit, license or route will be
coordinated with the Lessee, and such uses will not be granted which will materially
interfere with any present or proposed use by the Lessee. The Lessee will not
close any established access routes without written permission of the Secretary.
b. At the request of the Lessee, the Secretary will grant outgrants over the Site
and other areas of the Installation if reasonably required for the proper development
or operation of the Project and if they do not interfere with the operation of the
Installation. In the event that the Secretary shall deny the granting of an outgrant
requested by the Lessee, the Secretary shall use its best efforts to identify
alternative means to provide the access, service or other use that the requested
outgrant was intended to provide.
14

DACA65-1-03-16
C. The Lessee is responsible to obtain any easements or rights -of -way over
areas that are not owned or controlled by the Secretary at the Lessee's sole cost
and expense.
17A. THE McKNIGHT CONSTRUCTION SITE
a. The Secretary acknowledges and agrees that Lessee has accepted the
demise of that portion of the Site identified at Exhibit A-3, the McKnight Construction
Site, as an accommodation to the Secretary pending completion of the construction
of 162 residential units (the "Cherbourg Units") by the McKnight Construction
Company ("McKnight"), pursuant to a contract between McKnight and the Secretary
identified as Contract # DACA21-02-C-0002 (the "McKnight Construction Contract").
The Secretary agrees that the Cherbourg Units and any and all Improvements
located on the McKnight Construction Site will not be conveyed to Lessee except as
provided in this Condition 17A, and until such conveyance, will be the property of
the Secretary.
b. The Parties agree that Lessee shall have no responsibility for or liability
arising out of any of the activities of McKnight with respect to the Cherbourg Units or
on any portion of the Site. To this end, the Secretary agrees (1) to require that
McKnight carry general liability insurance (covering any and all actions of its
personnel and of any agents and contractors anywhere on the Site) and
environmental insurance, and (ii) to assure that the lessee is identified as the
beneficiary on all such insurance policies, additional insured and/or loss payee.
The Secretary agrees, further, that to the extent the activities of McKnight are
responsible for liability, costs, or losses to Lessee of any nature whatsoever, which
liability, etc. is not fully compensated by insurance or other sources of funds, to
modify the development program for the Project and/or in the allocation of benefits
under the LLC Operating Agreement of the Lessee as may be necessary to fully
offset or compensate for such liability, costs and/or losses.
C. Upon the completion of construction of any group of at least 35 Cherbourg
Units and upon their acceptance by the Secretary pursuant to the McKnight
Construction Contract, Lessee will accept conveyance of such group of Cherbourg
Units, together with all related Improvements. Lessee shall have the right to inspect
any such units prior to their acceptance by Lessee. The Secretary agrees to
enforce and exercise any warranties and remedies with respect to conveyed
Cherbourg Units. If all Cherbourg Units have not been completed and conveyed to
Lessee by August 20, 2004, the Secretary will agree to such modifications in the
development program for the Project as may be appropriate in order to compensate
for the delayed delivery of such units.
d. Lessee agrees to allow McKnight reasonable access to such portions of the
Site, and to utilities, roads, etc., as may be necessary to enable it to complete
construction of the Cherbourg Units pursuant to the terms of the McKnight
Construction Contract.
is

DACA65.1-03-16
18. SUBJECT TO MINERAL INTERESTS
This Ground Lease is subject to all outstanding mineral Interests. Federally owned
mineral interests may be included in present orfuture mineral leases issued by the
Bureau of Land Management ("BLM"), which has responsibility for mineral
development on federal lands. The Secretary agrees that surface use will not be
made available to BLM, except as agreed by Lessee, and, in consultation with the
Lessee, the Secretary shall make recommendations to be included by BLM in future
mineral leases to protect the Project from activities that would interfere with the
Lessee's operations or would be contrary to local law including, without limitation,
stipulations that prohibit or significantly restrict the Lessee's rights to surface access
to the Site.
19. DEFAULT AND TERMINATION
a. The failure to comply with any provision of this Ground Lease by a Party shall
constitute a default and breach of this Ground Lease (a "Default').
b. The Lessee shall be in Default if the Lessee: (1) seeks an order for relief or
initiates any proceedings of any nature under any laws of the United States or any
state seeking relief as debtor; (ii) applies for a receiver, trustee, custodian or like
officer appointed for all or substantially all of its business or assets on the ground of
insolvency; (iii) institutes a proceeding under any bankruptcy or insolvency law of
the United States or any state; (iv) makes a general assignment for the benefit of its
creditors; (v) permits the attachment or sequestration of any of the Project and/or
assets that Is not promptly discharged or bonded; (vi) admits in writing the inability
to pay its debts generally as they become due; (vii) shall be terminated or dissolved
without being reconstituted or reincorporated within sixty (60) days; or (viii) shall be
— an adjudicated bankrupt or insolvent or a petition for reorganization shall be
granted.
C. If the Lessee is in default, the Secretary shall send a notice of Default to both
the Lessee and the Mortgagee. No notice of Default by the Secretary shall be
effective unless sent to both the Mortgagee and the Lessee.
d. If the Secretary is in default, the Lessee shall send a notice of Default to the
Secretary.
e. The non -defaulting Party may exercise self-help in addition to any other
remedies available to it under this Ground Lease with respect to the type of Default,
if the Default (other than Defaults described in Condition 19.b.) is not cured within
ninety (90) days after delivery of noticeof Default to the defaulting Party. If the time
required to cure the Default exceeds ,the.n nety (90)'day.period, the non -defaulting
Party may not initiate any remedy ,if the defaulting;; party, commences the actions
necessary to cure the Default within the ninety (90) day period and shall diligently
IF1

DACA65-1-03.16
pursue curing the Default. 16 the eventany Party is unable to comply with any term
of this Ground Lease due to strike, a delay caused by the other Party, act of God,
casualty, inability to obtain materials or other events outside the control of the Party
(a ';Force Maieure Event'), the cure period shall be extended one day for each day
during which the Force Majeure Event exists. If a non -defaulting Party exercises its
right of self-help, the defaulting Party shall be liable for all reasonable costs and
expenses incurred by the non -defaulting Party in connection with taking curative
action.
I. Subject to Condition 19(k) and (1), the Mortgagee shall have the right, but not
the obligation, until 90 days after the expiration of the period afforded Lessee to
cure any Default under this Lease to remedy or cause to be remedied any Default
by Lessee under this Ground Lease, and the Secretary shall accept performance by
the Mortgagee as if Lessee had performed.
g. If a Party defaults, but the Default does not constitute a Termination Default
(as defined below), then the non -defaulting Party may seek damages, any other
remedy available under law, or specific performance, but may not terminate this
Ground Lease.
h. No remedy may be sought during any period of time during which the Parties
are attempting to resolve a dispute pursuant to Condition 23 with respect to the
actions or inaction that are the subject of the alleged Default.
i. (1) Subject to Condition 191, either Party may terminate this Ground
Lease as to all or any part of the Project (as provided in paragraph 3 of this
Condition 19.i) in the event of a Default by the other Party that: (a) has not been
cured prior to the expiration of the cure period provided for in Condition 19.a., and
(b) constitutes fraud or results in material adverse impact on the other party that has
not been cured by the payment of money or the remedy of specific -performance
('Termination Default"). The termination shall be effective as of a day specified in a
notice of termination ("Notice of Termination for Default') to the defaulting Party,
which shall be at least fifteen (15), but not more than thirty (30) days after its receipt
by the defaulting Party. If a Party is in termination default, the nondefaluting party
shall send a notice of Termination Default to both the defaulting party and the
Mortgagee.
(2) If the Secretary terminates this Ground Lease pursuant to Condition
19.i, the Lessee shall surrender and convey all of the Improvements located on the
Project to the Secretary without compensation. If the Lessee_ terminates this
Ground Lease pursuant to Condition 19.i, the Lessee will be entitled to pursue any
available legal remedy.
(3) In the event that a Termination Default by either party shall affect only
a portion of the Project and the remainder of the Project remains physically and
financially viable for the purposes for which this Ground Lease was executed, the
17

DACA65-1-03-16
parties agree (a) to continue to operate the remainder of the Project in accordance
with the requirements of this Ground Lease, (b) to modify the obligations of the
parties pursuant to this Ground Lease in a manner appropriate to the loss of the
applicable portion of the Project, and (c) that remedies or damages shall be based
upon the portion of the Project with respect to which the Termination Default
occurred; provided, however, that in all such cases, the consent of the Mortgagee
shall be obtained to such continued operation if the effect of the modification in the
Project would be to cause default under the financing documents.
Intentionally omitted.
k. No Default shall be deemed to exist as long as the Mortgagee, in good faith
(but subject to any stay resulting from a bankruptcy of or affecting Lessee), (i) has
cured, or commenced to cure a Default within the applicable time period described
in Condition 19f and shall continuously prosecute or cause to be prosecuted the
same to completion with reasonable diligence and continuity, or (ii) If possession of
any part of the Project is required in order to cure the Default, shall notify the
Secretary of its intention to institute foreclosure proceedings to obtain possession
directly or through a receiver within the time period required to commence curing
the Default, and within ninety (90) days after the giving notice, commence the
foreclosure proceedings and prosecute proceedings with reasonable diligence and
continuity and, upon obtaining possession, commence promptly to cure the Default
with reasonable diligence and continuity.
I. Notwithstanding any provision of this Ground Lease to the contrary, the
Mortgagee shall, not be required to cure any Personal Default of Lessee in orderto
preserve Mortgagee's rights and the Secretary as to Mortgagee shall waive the
Personal Default. A Personal Default is a Default that (i) cannot be cured by the
payment of money or performance of maintenance, repair, or construction work by
Mortgagee or (ii) is otherwise not susceptible to cure by Mortgagee.
M. In the event this Ground Lease is terminated as to Lessee as the result of a
Default, or if the fee title and leasehold interest of Lessee shall merge, at
Mortgagee's election, the Secretary shall execute a replacement ground lease
(effective immediately prior to such termination or merger) with Mortgagee (or its
permitted agent or nominee under Condition 10.e.) on the same terms and
conditions as this Ground Lease for the remaining term of this Ground Lease or until
termination of Mortgagee's interest, whichever occurs first, provided that the
Mortgagee shall have cured or provided for the payment of the cost of curing all
existing Defaults of which Mortgagee has been given notice (other than Personal
Defaults) within the time and the manner provided in Conditions 19f and k. In the
event that federal or other applicable law shall prohibit the execution of a new
ground lease, the Secretary shall take other appropriate action as shall be legally
permissible under federal or other applicable law, such as recognizing Mortgagee
as a substitute lessee or otherwise suspending termination of this Ground Lease, to
is

DACA65-1-03.16
prevent the loss of Mortgagee's rights in this Ground Lease by virtue of Personal
Default or other Default or other reason.
n. No Default shall be deemed to have occurred under this Ground Lease that
arises out of the acts or omissions of a Permitted Tenant or other sublessee of one
or more of the Improvements so long as the Lessee is utilizing commercially
reasonable efforts to rectify any breach of which it becomes aware including,
without limitation, referring the matter to the Secretary for action in appropriate
circumstances.
20. PURCHASE OPTION
In the event that the Installation is subject to base closure occurring under such
authority as the Secretary may be entitled to exercise from time to time, the
Secretary shall provide the appropriate Closure Notice to the Lessee and Managing
Member and shall offer the option to purchase the Site or any portion thereof (the
"Purchase Option") pursuant to the terms set forth in the Purchase Option
Agreement of even date herewith. In the event the Purchase Option is not
exercised in accordance with the Purchase Option Agreement, as to any portion of
the Project, unless the Secretary is notified in writing by Lessee and all mortagees
to the contrary, this Lease shall remain in full force and effect against any and all
successor owners of such portion of the Project (each a "Successor Owner"),
subject to the Secretary shall provide and require each Successor Owner to provide
all necessary easements, rights -of -way and access rights, including requirements
as to dedication and/or maintenance of roads, which are reasonably required (A) to
permit tenants and employees of Lessee access to the Project, (B) to permit the
supply of utilities and all necessary services to the Project, or (C) otherwise to
permit the Project to function as a first class residential rental Project.
21. PROHIBITED USES AND ALLOWED USES
a. The Lessee may use the Project for the design, development, management,
rehabilitation, renovation, and maintenance of family housing units and related
ancillary facilities, and any other use approved by the Secretary. The Lessee shall
not use the Project for other purpose without the consent of the Secretary. In
granting approval for a change of use, the Secretary may impose additional
environmental protection provisions as it deems appropriate.
b. The Lessee shall not:
(i) permit unlicensed gambling on the Project;
(ii) install or operate, or permit to be installed or operated, any device which
is illegal;
(III) use or permit the Project to be used for any illegal business or purpose;
(iv) allow activities that would constitute a nuisance; or
(v) sell, or commercially store or dispense, or permit the sale, or commercial
storage or dispensing of beer or other intoxicating liquors on the Project, without the
permission of the Secretary.
19

DACASS-1-03-16
C. All leases or other occupancy agreements to be entered into with Residents
shall specifically prohibit the activities of Condition 21 b.
d. As an exception to the restrictions in this Condition, some games of chance,
such as raffles, games and sporting events, may be conducted by non-profit
organizations or other approved Installation organizations if permissible under state
and local laws and if approved in writing by the Installation Commander.
e. The Lessee shall not construct or place any structure, improvement or
advertising sign or allow or permit such construction or placement without the prior
approval of the Secretary. The Secretary shall be deemed to have approved (i) the
construction and placement of all structures and other Improvements constituting
the Project, as provided for in the various documents executed by the Parties or any
of them with respect thereto, and (ii) the placement of signage reasonable and
appropriate to the operation of the Project as housing for Permitted Tenants.
Except for any communications infrastructure, which requires the written consent of
the Deputy Assistant Secretary of the Army for Privatization and Partnerships,
Office of the Assistant Secretary (I&E), alterations, additions and improvements l
agreed to by the Secretary in its capacity as a Member of the Lessee shall satisfy
this Condition.
f. The Secretary must approve Lessee -proposed additions, alterations, or
improvements to the Project that require an environmental analysis under
applicable federal or state law. At Lessee's sole expense, prior to approval by the
Secretary of Lessee -proposed additions, alterations or improvements to the Project,
the Lessee shall furnish any environmental analysis and documentation deemed
reasonably necessary by the Secretary to comply with the National Environmental
Policy Act of 1969 and other applicable environmental laws and regulations.
g. The Lessee shall cooperate, at no material expense to the Lessee, with the
Secretary's efforts to comply with NEPA and other applicable laws and regulations
that are not necessitated by Lessee -proposed additions, alterations or
improvements to the Project proposed by the Lessee.
22. NATURAL RESOURCES
The Lessee shall cut no timber, conduct no mining operations, remove no sand,
gravel, or kindred substances from the ground, commit no waste of any kind, nor in
any manner substantially change the contour or condition of the Site, except (1) for
the purposes of constructing the Project or (ii) as otherwise provided in this Ground
Lease or as authorized in writing by the Secretary. The Lessee may salvage fallen
or dead timber provided Lessee does not make commercial use of the timber.
Except for timber salvaged by the Lessee when in the way of construction of
improvements or other facilities, all sales of forest products will be conducted by the
United States and the proceeds shall not be available to the Lessee under the
provisions of this Ground Lease.
20

DACA65-1-09-16
23 DISPUTES CLAUSE
a. Except as provided in the ContractOisputes Act of 1978'(41 U S C.ffi01-613)
("the Act"), all disputes arising under or related to this Ground: Lease shall be;
resolved under this Condition 23 and the'provisions of the Act: ;However; if the;
parties mutually agree, they can concurrentlypursueiAlternative Dispute Resolution.
b. A claim by the Lessee shall be made in writing and submitted to the District
Engineer, Norfolk District, US Army Corps of Engineers ("District Engineer") for a
written decision. A claim by the Government against the Lessee shall be subject to
a decision by the District Engineer.
G. The Lessee shall proceed diligently with performance of this Ground Lease,
pending final resolution of any request for relief, claim, appeal, or action arising
under this Ground Lease.
24 CONDITION OF SITE
a. The Lessee acknowledges that it has inspected the Site, knows its condition,
and understands that, except as otherwise provided in the Ground Lease, Quitclaim
Deed, and Bill of Sale and Assignment, the Site is leased "as is" to the Lessee,
without any representation or warranty whatsoever and without obligation on the
part of the Secretary (in its capacity as lessor under this Ground Lease) to make
any alterations, repairs, or additions or, except as otherwise agreed to in writing by
the parties, to remediate any environmental conditions or discharges that exist or
have occurred prior to the execution of this Ground Lease by the parties. The
Secretary shall not be liable for any latent or patent defects in the Site.
25. ENVIRONMENTAL PROTECTION
a. USE OF THE SITE`. Use of the Site is restricted to a Residential
Communities Initiative (RCI) project and ancillary facilities and requires any change
to be in writing from the Government.
b. REGULATORY OR ENVIRONMENTAL PERMITS: The Lessee is to be
solely responsible for obtaining at its own cost and expense any regulatory or
environmental permits required for its operation under this Ground Lease,
Independent of any existing Installation permits. The Lessee or any sublessee shall
also be required to obtain their own United States Environmental Protection Agency
(USEPA) Identification Number, if applicable.
C. LESSEE COMPLIANCE: Lessee is to comply with all lawful statutes,
regulations, permits, or orders affecting Lessee's activity hereby authorized when
such are issued by the USEPA; the North Carolina Department of Environment and
Natural Resources; the North Carolina Department of Health and Human Services;
21

oACA65-1-03-16
or any other Federal, State, interstate, or local governmental agency having
jurisdiction to abate or prevent pollution. Lessee or any sublessee is prohibited
from the disposal of any toxic or hazardous materials within the Project.
d. INTERFERENCE WITH ON -GOING RESTORATION: Lessee shall not
disrupt, inflict damage, obstruct, or impede on -going environmental restoration work
on the Project or anywhere else on the Installation. Lessee shall Indemnify the
Government for any costs incurred as a result of the Lessee's breach of this
provision.
e. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY ACT (CERCLA) ACCESS CLAUSE: The Secretary and its officers,
agents, employees, contractors, subcontractors, and State and Federal regulatory
officials will have the right, upon reasonable notice to Lessee, to enter upon the Site
in any case in which a response action or corrective action is found to be
necessary, or is in progress on the Site, or such access is necessary to carry out a
response action or corrective action on adjoining property in each case in
accordance with all applicable laws, regulations, orders and other legally binding
requirements and in a manner designed to minimize interference with lessee or any
sublessee, including, without limitation, the following purposes:
(1) To conduct investigations and surveys (including, where
necessary, drilling, and/or sample collection) and other activities related to Fort
Bragg's Installation Restoration Program (IRP) and other environmentally related
programs.
(2) To inspect field activities of the Secretary and its contractors
and subcontractors with regards to Implementing the Fort Bragg IRP and other
environmentally related programs.
(3) To conduct any test or survey related to the implementation of
the Fort Bragg IRP or other environmental compliance programs at the leased
premises to collect or verify any data required by the USEPA or the State of North
Carolina relating to the environmental condition of the site.
(4) To construct, operate, maintain, or undertake any other
investigation, corrective measure, response, or remedial action as required or
necessary under any Fort Bragg Federal Facilities Agreement (FFA), Record of
Decision (ROD), Principle Coordination Point (PCP), or IRP requirement, including,
but not limited to monitoring wells, pumping wells, and treatment facilities.
f. COMPLIANCE DURING RESPONSE OR CORRECTIVE ACTION: The
Secretary, its officers, agents, employees, contractors and subcontractors and
Lessee will agree to comply with the provislons of the appropriate health or safety
plan in effect during the course of any of the above -described actions. Any
inspection, survey, investigation, or other corrective measure, response, or remedial
22

DACA65-1-03•16
action will, to the extent practicable, be coordinated with representatives designated
by Lessee or any sublessees. Lessee or sublessees shall have no claim, on
account of such entries, against the United States or any officer, agent, employee,
contractor, or subcontractor thereof, unless arising from the fault or negligence of
the United States or any officer, agent, employee, or contractor. In addition, the
Secretary, its officers, agents, employees, contractors, subcontractors and Lessee
and any sublessees shall comply with all the applicable Federal, State, and local
occupational safety and health regulations.
g. ENVIRONMENTAL MANAGEMENT PLANS: Lessee shall submit to the
Secretary, and maintain thereafter, an Environmental Management Plan which
describes, in detail, the program for environmental management and method of
compliance, by the user of any portion of the Project, with all Army, Federal, State,
and local laws and regulations for the use, management, generation, storage,
treatment, and disposal of all hazardous waste, hazardous materials, and
hazardous substances. Each Environmental Management Plan or request for
waiver of the requirement for a plan due to the non -hazardous nature of the
proposed use, as applicable; for any portion of the Project, must be submitted and
approved in writing by the Installation prior to occupancy or proposed use of the
intended portion of the Project. Lessee will be responsible for the overall
compliance of its operations. Lessee will be responsible for ensuring the
preparation of all documents, records, and reports associated with the
environmental compliance of its operation. No liability or responsibility shall attach
to the Installation or the Secretary as a result of the Secretary's review and approval
of an Environmental Management Plan under this paragraph.
In. HAZARDOUS WASTE MANAGEMENT. Lessee will not store or dispose of
hazardous materials on the leased premises unless authorized under 10 United
States Code (U.S.C.) 2692, Storage, Treatment, and Disposal of Non -Defense
Toxic and -Hazardous Materials (Lessee's activities authorized by this.Lease.are.:,:
deemed to be activities in connection with a service performed on Ft. Bragg for the
benefit of the Department o Defense). Lessee shall strictly comply with the
hazardous waste management requirements under the Resource Conservation and
Recovery Act (RCRA) and the State of North Carolina hazardous waste
management rules including proper hazardous waste characterization, labeling,
storage, disposal, and documentation requirements. Except as specifically
authorized by the Secretary in writing, Lessee must provide, at its own expense,
such hazardous waste management facilities as needed to maintain compliance
with all laws and regulations. Army hazardous waste management facilities will not
be available to Lessee.
i. EXISTING HAZARDOUS WASTE: Lessee will not use the Installation's
hazardous waste accumulation points. Neither will Lessee permit its hazardous
wastes to be commingled with the Installation's hazardous waste.
23

DACA65-"346
I. LESSEE RESPONSE PLAN: The Lessee shall submit to the Secretary, and
maintain thereafter, a plan for responding to hazardous waste, fuel, and other
chemical spills prior to commencement of operations on the Project. Such plan
shall be independent of the Installation's Spill Contingency Plan but may rely upon
the Installation for initial fire response and/or spill containment. The plan may rely
on the use of Installation personnel or equipment but only to the extent that these
services are to be acquired from the Installation under a Municipal Services
Agreement. Should the Army provide any personnel or equipment outside of that
provided under a Municipal Services Agreement, whether for initial fire response
and/or spill containment, or otherwise on request of Lessee, or because Lessee
was not, in the opinion of the said officer, conducting timely clean-up actions,
Lessee agrees to reimburse the Army for Its actual response costs.
k. ALTERATIONS, ADDITIONS, AND IMPROVEMENTS TO THE PROJECT:
Lessee shall not construct, make, or permit any alterations, additions, or
improvements to the Project in any way which may adversely affect Fort Bragg's
investigations, restoration, or human health or the environment without prior written
consent of the Secretary. Such consent may include a requirement to provide the
Secretary with a performance and payment bond to it in all respects and other
requirements deemed necessary to protect the interests of the Army.
GROUNDWATER RESTRICTION:
(1) Restrictions and Conditions:
Lessee covenants for itself, its successors, and assigns not to access or use .
groundwater underlying the property for any purpose, except as agreed to in writing
by the Secretary. For the purpose of this restriction, "groundwater" shall have the
same meaning as in Section 101(12) of CERCLA. The written request will clearly
reference the Ground Leasc's Environmental-Protectlon-provisions, including a copy ---
of the provisions as an attachment to the request, and providing information as to
the depth of wells, the identity of the aquifer that will be withdrawn from, and the
purpose of the withdrawals. Before replying to the request, the Secretary will review
the IRP to determine whether institutional control limitations exist or if restrictions
may be lifted to grant the request. This may involve consultation with the North
Carolina Department of Environment and Natural Resources. Lessee, for itself, its
successors or assigns covenants that it will not undertake nor allow any activity on
or use of the property that would violate the restrictions contained herein. These
restrictions and covenants are binding on Lessee, its successors and assigns; shall
run with the land; and are forever enforceable.
(2) Enforcement:
The restrictions and conditions stated above benefit the public in general and the
territory surrounding the property, including lands retained by the Secretary, and,
therefore, are enforceable by the United States Government. Lessee covenants for
itself, its successors, and assigns that it shall include and otherwise make legally
24

DACA65-1-03-96
binding, the restrictions aboJe'Iri all subsequent lease, transfer, or conveyance
documents relating to the Project.
(3) Secretary Access:
The Secretary and its representatives„shall, for all ilme;,have reasonable access to
the Project for the purpose of installing andlor femo4ing'groundwater monitoring
wells, and to perform continued monitoring,af groundwater conditions, allowing
chemical and/or physical testing ofwells to evaluate:water quality and/or aquifer
characteristics. The Lessee shall allow reasonable ingress and egress of all
equipment necessary to accomplish the same.
M. NOTICE OF THE PRESENCE OF UXO AND COVENANT: A review of
available records and information indicated the presence of unexploded ordnance
(UXO) in the Cherbourg area. During World War 11, there.was'an;amitiunition and
magazine storage area where Cherbourg is presently located. Tiils area'has been
identified as a solid waste management unit (SWMU 1o4;); howeveri remedial
actions have not been Initiated. In the event that Lessee; (ts successors and ..
assigns, should discover any ordnance, Lessee shall not attempt to remove or
destroy it, but shall immediately notify the Fort Bragg Police Department. The
Installation's designated explosives ordnance personnel will be dispatched promptly
to dispose of such ordnance at no expense to Lessee.
NOTICE OF THE PRESENCE OF ENDANGERED SPECIES AND
COVENANT:
(1) The Red -cockaded woodpecker and the Saint Francis Satyr butterfly
are listed as endangered by the U.S. Fish and Wildlife Service (USFWS) and are
afforded Federal protection under the Endangered Species Act ESA of 1973, as
amended: Sectlon 7 of the ESA states that each `Federal agency'-sFiail, in
consultation with the Secretary, insure that any action they authorize, fund, or carry
out is not likely to jeopardize the continued existence of a listed species or result in
the destruction or adverse modification of designated critical habitat. Lessee will be
cognizant of its and the Secretary's obligation to protect all endangered species,
and Lessee will conduct its operations in a manner that will avoid a violation of any
applicable provision of the ESA.
(2) Lessee will limit the potential for a taking of the Red -cockaded
woodpecker on the property by ensuring that its construction activities in the
Northern 'Training Area site are consistent with the Biological Assessment of
December 4, 2002, which was accepted by the USFWS in their letter of January 31,
2003. Failure to follow these measures could subject the violator to criminal
sanctions of the ESA.
25

OAGA55-1-03AG
Project agreement that is not expressly recognized or confirmed by a modification to
this Ground Lease, the specific provisions of this Ground Lease shall control.
C. The Lessee's reasonable reliance on a conflicting amendment to any other
Project agreement shall not be a Default of this Ground Lease.
32. QUIET ENJOYMENT
Lessee and the Lessee Parties shall have quiet enjoyment of the Project during the
term of this Ground Lease without hindrance or molestation by the Secretary or
anyone claiming by, or through the Secretary subject to the covenants, agreements,
terms, provisions and conditions of this Ground Lease.
33. DISCLAIMER
The Secretary as lessor assumes no enforcement or supervisory responsibility
except with respect to matters committed to its jurisdiction and authority. The
Lessee shall obtain any permit or license at its sole expense that may be required
by federal, state, or local statute in connection with the use of the Project. This
Ground Lease does not eliminate the necessity of obtaining any Department of the
Army permit that may be required pursuant to the provisions of Section 404 of the
Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act of
3 March 1899 (33 U.S.C. 403), as applicable.
34. ANTI -DEFICIENCY ACT
Nothing in this Ground Lease shall obligate the Secretary to obligate appropriated
funds in violation of the Anti -Deficiency Act 31 U.S.C. §§ 1341-1351.
35.`- ADDITIONAL CCNJENANTS AND CONDITIONS
a. A memorandum of this Ground Lease shall be executed and acknowledged
by the Secretary and the Lessee concurrently herein. Lessee may record such
documents in the real property records of Harnett County and Cumberland County,
North Carolina.
b. Lessee and the Secretary shall each provide an estoppel as to the status of
this Ground Lease upon request (and in the form reasonably requested) by the
other party or Mortgagee. No estoppel by the Secretary shall excuse any
undiscovered violation of the conditions of this lease.
28

DACA65-1-03-16
C. Each party represents to the other that this Ground Lease is enforceable
against it in accordance with Its terms and conditions, and each party covenants to
deliver a legal opinion to the other and the initial Mortgagee upon or immediately
subsequent to the lease Effective Date as to such enforceability.
36. EXHIBITS
Exhibits A-G are incorporated and made a part of this Ground Lease.
IN WITNESS WHEREOF, the undersigned authorized agents of the parties
have duly executed this Ground Lease this 2 2. ny( day of
2003.
THE UNITED STATES OF AMERICA, by
THE SECRETARY OF THE ARMY
By:, • M.)./ __
Name:-J S PKKVHITAKER'.
Title:: Deputy Assistant Secretary of the
Army (I&H), OASA (I&E)
WITNESS:
TYP : AM_E ;s,, JANtcs 110irsiJ,
title Attorney—Advt6or (seal Property)
29

DACA65-1-03-16
COMMONWEALTH OF VIRGINIA )
ss.
COUNTY OF ARLINGTON )
I, the undersigned, a Notary Public In and for the Commonwealth of Virginia, County of
.,Arlington, whose commission as such expires on the 3o day of /t%vc...Cic. , 2004-,
do hereby certify that on this day personally appeared before mein the Commonwealth of Virginia,
County of Arlington, Joseph W. Whitaker, Deputy Assistant Secretary of the Army (Installations and
Housing) OASA (I&E), whose name is signed to the foregoing instrument and acknowledged the
foregoing instrument to be his free act and deed, dated the 2 Z day of 2003, and
acknowledged the same for and on behalf of the UNITED STATES OF AME ICA.
GIVEN UNDER MY HAND AND SEAL this Z?^.Jday of 4 2003.
NotaryPub
I
30

i
❑�❑ Kintley-Horn
and Associates, Inc.
August 1, 2011
Mr. Robert Patterson
North Carolina Dept. of Environment and Natural Resources
Division of Water Quality
512 N. Salisbury St.
Raleigh, NC 27604
Re: Linden Oaks -Phase 2D
Stormwater Project No. SW6110503
Dear Mr. Patterson:
In response to your comments issued on 7/27/11, K14A has provided the
following information.
1. The drainage area, impervious areas, and percent built -upon area
(BUA) on the supplement form does not match that shown on SWU-
101.
Response: The drainage area and impervious areas have been
corrected on the NCDENR Infiltration Basin Supplement to match the
correct SWU-101 form. The built -upon area (BUA) on SWU-101
does match the BUA on the Low Density Supplement if the proposed
impervious area from Drainage Area 1 and Drainage Area 2 are added
together (106,213 + 2,117,848 = 2,224,061).
2. The vegetated swales/areas associated with the curb outlets need to be
clearly identified on the plans.
Response: Sheet C 12.11 BMP DRAINAGE AREA MAP was
updated to identify the vegetated swales/areas associated with the curb
outlets and the acreages of those areas were labeled on the plan sheet.
3. Please provide supporting information to show that the vegetated areas
receiving runoff from the curb outlets meet the requirements of 15A
NCAC 02H .1008(g).
Response: The table on Sheet C 12.11 BMP DRAINAGE AREA
MAP shows that the vegetated areas receiving runoff from the curb
outlets meet the requirements of 15A NCAC 02H .1008(g). Cross
Suite 600
333 Fayetteville Street
Raleigh, North Carolina
27601
TEL [phone]
FAX [phone]

❑�� Kimley-Horn
and Associates, Inc.
sections are shown 100' downstream of each curb outlet and the
associated calculations are listed on the table on the plan sheet and the
low density supplement.
4. The swale information provided on the supplement form appears to
only be for the internal swales that drain to the infiltration basin. The
vegetated swales/areas associated with the curb outlets also need to be
shown in the table on the supplement form.
Response: The supplement form has been revised to include the
additional vegetated swales/areas associated with the curb outlets.
5. Please provide swale calculations for the swales between the buildings,
especially the swales between CG19-2D and CG17-2D that lead to the
infiltration basin. The flow must be non -erosive for the 10 year rain
event.
Response: Swale calculations have been provided for the larger
drainage areas (see Cross Sections 5 and 12) as well as the typical
swale (see Cross Section 6 and 11). These swales have been
confirmed to be non -erosive for the 10 year rain event. All swales and
slopes will be permanently sodded as part of the standard project
specifications.
6. The proposed lift station access road is to be grass pave or similar. If
permeable pavement credit is being sought for this, please provide
supporting calculations and the required supplement form. Otherwise,
it must be counted as 100% impermeable.
Response: The proposed lift station access road has been counted as
100% impervious in the original supplement/application forms.
On sheet C22.03: The third paragraph under `construction notes', on
the infiltration basin BMP detail, need to be removed or modified
since it refers to infiltration trenches and impervious area on top of the
device. Neither of which are proposed.
Response: The third paragraph under `construction notes' for the
infiltration basin BMP on Sheet C22.03 was removed from the plans.

❑�� KimleyHorn
and Associates, Inc.
If you need any additional information or have any questions or comments, feel
free to contact me directly at 919-653-2990.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
P /4
John D. Kuzenski, P.E.
Enclosures: Revised SheetC12.11
Revised Sheet C22.03
Low Density Supplement
NCDENR Infiltration Basin Supplement
Cc: Ron Phillips, PMH, File

Kimley-Horn
and Associates, Inc
Transmittal
Date: 8/2/11 Job Number:
Project Name: Fort Bragg — Linden Oak Phase 2D
To: Mr. Robert Patterson
North Carolina Department of Environment and Natural Resources
Division of Water Quality
We are sending these by
❑ U.S. Mail
❑ Other
We are sending you
® Attached
❑ Shop drawings
❑ Other
❑ FedEx
333 Fayetteville Street,
Suite 600
Raleigh, North Carolina
27601
TEL [phone]
FAX [phone]
012332009
® Hand Delivery
❑ Under separate cover via the following items::
® Prints/Plans ❑ Samples ❑ Specifications ❑ Change Orders
Lo tes oate lvo. oescrt non
2 Linden Oaks Phase 2D Sheet C12.11 Drainage Area Map
2 Linden Oaks Phase 2D Sheet C22.03 Storm Details
1 Signed and Sealed Infiltration Basin Supplement
1 Low Density Supplement Design Table
1 Signed Comment Response Letter
These are transmitted as checked below:
® For your use
❑ Approved as submitted
®
Resubmit ❑ . Copies for approval
❑ As requested
❑ Approved as noted
❑
Submit ® Copies for distribution
❑ For review and comment
❑ Returned for corrections
❑
Return ❑ Corrected prints
Remarks: If you have any questions or comments, please feel free to contact me directly at
[phone].
Copy to: Ron Phillips (PDF); File Signed: John Kuzenski, P.E.

NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. John D. Kuzenski, PE
Kimsey -Horn and Associates, Inc.
333 Fayetteville St., Suite 600
Raleigh, NC 27601
Dear Mr. Kuzenski:
Division of Water Quality
Coleen H. Sullins
Director
July 27, 2011
Subject: Request for Additional Information
Stormwater Project No. SW6110704
Linden Oaks Phase 2D
Harnett County
Dee Freeman
Secretary
The Division of Water Quality Central Office received a Stormwater Management Permit Application
for the subject project on July 19, 2011. A preliminary review of that information has determined that
the application is not complete. The following information is needed to continue the stormwater
review:
1. The drainage area, impervious areas, and percent built -upon area (BUA) on the Supplement
form does not match that shown on SWU-101.
2. The vegetated swales/areas associated with the curb outlets need to be clearly identified
on the plans.
3. Please provide supporting information to show that the vegetated areas receiving runoff
from the curb outlets meet the requirements of 15A NCAC 02H .1008(g).
4. The swale information provided on the supplement form appears to only be for the internal
swales that drain to the infiltration basin. The vegetated swales/areas associated with the
curb outlets also need to be shown in the table on the supplement form.
5. Please provide Swale calculations for the swales between the buildings, especially the
swales between CG19-2D and CG17-2D that lead to the infiltration basin. The flow must be
non -erosive for the 10-yr rain event.
6. The proposed lift station access road is to be grass pave or similar. If permeable pavement
credit is being sought for this, please provide supporting calculations and the required
supplement form. Otherwise, it must be counted as 100% impermeable.
7. On sheet C22.03: The third paragraph under 'construction notes', on the infiltration basin
BMP detail, needs to be removed or modified since it refers to infiltration trenches and
impervious area on top of the device. Neither of which are proposed.
Wetlands and Stonwaler Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwalerqualily.org
An Equal Opportunity 1 Affirmative Acfion Employer
ona On
e
Naturally

Mr. John D. Kuzenski, P.E.
Kimley-Horn and Associates, Inc.
July 27, 2011
Note that this request for additional information is in response to a preliminary review. The requested
information should be received by this Office prior to August 26, 2011, or the application will be
returned as incomplete. The return of a project will necessitate resubmittal of all required items,
including the application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must
indicate the date by which you expect to submit the required information. The Division is allowed 90
days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement
action pursuant to NCGS 143-215.6A.
All revised original signed documents must be returned or new originals must be provided. Copies are
not acceptable. Any revised calculations or plans must be sealed, signed, and dated. Please reference
the State assigned project number SW6110704 on all correspondence. If you have any questions
concerning this matter please feel free to contact me at [phone], or at
[e-mail].
Sincerely,
Robert D. Patterson, PE
Environmental Engineer
Stormwater Permitting Unit
cc: Mr. Ron Phillips - Picerne Construction/FBG, LLC
SW6110704 File
ec: Mike Lawyer- Fayetteville Regional Office
Page 2 of 2

IMF Ure W TU r Z J' e-* /-W
&j- 4q� �mS + C-K. r"Ar -kL
Application Completen ss Review
V� First Submittal ❑ Re -submittal Date Received: r9 rr Date Reviewed: 9120 // By Bill
Development/ProjectName: 1-fA/DCW d2DFoRT .c46G 9C
Receiving stream name Not, d d,, e.I- / AyrLA.L;//rLk I Classification: (!
Liver Basin: I'd Ps tczu& /
For post -construction requirements, a program will be deemed compliant for the areas where it is
implementing any of the following programs: WS-I, WS-ll, WS-III, WS-IV, HQW, ORW, Neuse River Basin
NSW, Tar -Pamlico River Basin NSW, and the Randleman Lake Water Supply Watershed Nutrient
Management Strategy.
High Density Projects that require a 401/404 within an NSW require 85% TSS, 30% TN and 30% TP removal.
T&E Species (Goose Creek,
Latitude and Longitude:..ZF
Project Address: Lryde
Engineer name and firms
PhnnA 9r0 _ t 5'3. 2
Waxhaw Creek or Six Mile Creek Water Sheds):
Ju
C_
Is the project confirmed to be in the State MSI Stormwater Permit jurisdiction? ErYes or ❑ No
❑ Low Density (no curb and gutter) l�w Density with curb and gutter outlets ❑ High Density ❑ Other
o V— ti 401/404 impacts to surface waters, wetlands, and buffers (add language to cover letter and/or add info letter) 61C
re/"BUA I q !e3 % # ✓,gR_&J I .iV_Vr— P Pa- +- _3 q2 o-C.
uK Check for $505.00 included
V' Original signature (not photocopy) on application
Legal signature (Corporation-VP/higher, Partnership -General Partner/higher, LLC-member/manager, Agent).
Check spelling, capitalization, punctuation: http://wwwsecretary.state.nc.us/corporations/thepage.aspx
if an agent signs the application, a signed letter of authorization from the applicant must be provided which
includes the name, title. mailina address and phone number of the person sionino the letter.
❑ For subdivided projects, a signed and notarized deed restriction statement
V Sealed, signed & dated calculations
D./Correct supplement and O&M provided for each BMP on site (check all that were provided & number of each)
❑ Bioretention
❑ Dry Detention Basin
❑ Filter Strip
❑ Grass Swale
ra'�Infiltration Basin
❑ Infiltration Trench
❑ Level Spreader
❑ Permeable Pavement
❑ Restored Riparian Buffer
❑ Rooftop Runoff Management
❑ Sand Filter
❑ Stormwater Wetland
❑ Wet Detention Basin
21Low Density
ErCurb Outlet
❑ Off -Site
❑ NCDOT Linear Road
td Two sets of sealed, signed & dated layout & finish grading plans with appropriate details
d Narrative Description of stormwater management provided
Y' Soils report provided
;N Wetlands delineated or a note on the plans or in the accompanying documents that none exist on site and/or
/adjacent property
Y Details for the roads, parking area, cul-de-sac radii, sidewalk widths, curb and gutter;
d Dimensions & slopes provided
id Drainage areas delineated ❑ Pervious and impervious reported for each ❑ Areas of high density
MP operation and maintenance agreements provided
d Application complete ❑ Application Incomplete Returned: (Date)
May 5, 2011 Revision, Bill Diuguid