20171606 Ver 3_USACE Permit_20240911

DEPARTMENT OF THE ARMY PERMIT
Permittee: 347 MCO, LLC Mr. Roy E. Carroll II
Permit No.: SAW-2017-02531
Issuing Office: CESAW-RG-L
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over
the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to pet -form work in accordance with the terms and conditions specified below.
Project Description: This verification authorizes the discharge of fill material into 0A7 acres of wetlands and 70
linear feet of stream for the construction of a mixed use development with commercial retail, hospitality, office,
residential units, and parking garages. This project, known as Carroll at the Avenue, will also impact 3.4 acres of
open water jurisdictional pond in order to convert the pond for stormwater use.
Project Location: The project area is located off Military Cutoff Road, between Old MacCumber Station Road
and East Westwood Road, adjacent to an unnamed tributary to Howes Creek, in Wilmington, New Hanover
County, North Carolina. The address for this site is 349 and 565 Military Cutoff Road, Wilmington, North
Carolina 28405.
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2025. If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration
at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the
terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted
activity, although you may make a good faith transfer to a third party in compliance with General Condition 4
below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which may require restoration
of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the
Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is
eligible for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the
space provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the
conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the
certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at anytime deemed
necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of
your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS

Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
O Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for
the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities
or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by
or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the
activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to
the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the
following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false,
incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public
interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to
comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this
permit, Unless there are circumstances requiring either a prompt completion of the authorized activity or a
reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for
an extension of this time limit.

Your signature below, as permittee, ind!cates that you accept and agree to comply with the terms and conditions
of this permit.
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has
signed below.
(DISTRICTE}\'GINEEIi) Rob :'rt .Clark; COLONEL (DATE)
i
When the structures` or work authorized by this permit are still in existence at the time the property is
transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the
property. To validate the transfer of this permit and the associated liabilities associated with compliance with its
terms and conditions, have the transferee sign and date below.
(TRANSFEREE) (DATE)
'U.S. GOVERNNIF,NT PRINTING OFFICE: 1956 - 7I7-425

SPECIAL CONDITIONS
Action ID: SAW-2017-02531
1. Stormwater Pond: It should be noted that the pond will be removed from Corps'
permitting authority, pursuant to Section 404 of the Clean Water Act, once NC DWR
authorizes its use as a permitted stormwater faciltiy. The perrnittee shall maintain the
feature in perpetuity as a 3.4 acre open water stormwater pond under the conditions of the
State Storrnwater Permit. Prior notification must be made to the Corps if there is any
change from a wastewater facility to another designated use, as a change in use will
potentially revert jurisdiction back to Corps and potentially require further authorization
and/or mitigation.
2. Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached plans dated 5/10/2019, which are a part of this permit. The
Permittee shall ensure that the construction design plans for this project do not deviate
from the permit plans attached to this authorization. Any modification to the attached
permit plans must be approved by the U.S. Army Corps of Engineers (Corps) prior to any
active construction in waters or wetlands.
3. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any Corps -
approved modification to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this project,
within waters or wetlands. This permit does not authorize temporary placement or double
handling of excavated or fill material within waters or wetlands outside the permitted
area. This prohibition applies to all borrow and fill activities connected with this project.
4. Permit Distribution: The Permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit in the construction and maintenance
of this project, and shall provide each of its contractors and/or agents associated with the
construction or maintenance of this project with a copy of this permit. A copy of this
permit, including all conditions and drawings shall be available at the project site during
construction and maintenance of this project.
5. Notification of Construction Commencement and Completion: The Permittee shall
notify the U.S. Army Corps of Engineers in writing prior to beginning the work
authorized by this permit and again upon completion of the work authorized by this
permit.
6. Reporting Address: All reports, documentation, and correspondence required by the
conditions of this permit shall be submitted to the following: U.S. Army Corps of
Engineers, Wilmington District Wilmington Regulatory Field Office, Attn: Rachel
Capito, 69 Darlington Ave Wilmington, NC 28403, or [e-mail].
The Permittee shall reference the following permit number, SAW-2017-02531, on all
submittals.

7. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense to the
United States and in such time and manner as the Secretary of the Army or his authorized
representative may direct, restore the water or wetland to its pre -project condition.
8. Reporting Violations: Violation of these permit conditions or violation of Section 404
of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be reported to
the Corps in writing and by telephone at: 910-251-4487 within 24 hours of the
Permittee's discovery of the violation.
9. Endangered Species Act: The Permittee shall implement all necessary measures to
ensure the authorized activity does not kill, injure, capture, harass, or otherwise harm any
federally -listed threatened or endangered species. While accomplishing the authorized
work, if the Permittee discovers or observes an injured or dead threatened or endangered
species, the U.S. Army Corps of Engineers, Wilmington District Wilmington Field
Office, Attn: Rachel Capito at 910-251-4487, or [e-mail] will
be immediately notified to initiate the required Federal coordination.
10. Maintain Flows and Circulation Patterns of Waters: Except as specified in the
plans attached to this permit, no excavation, fill or mechanized land -clearing activities
shall take place at any time in the construction or maintenance of this project, in such a
manner as to impair normal flows and circulation patterns within waters or wetlands or to
reduce the reach of waters and/or wetlands.
11. Sediment and Erosion Control:
1) During the clearing phase of the project, heavy equipment shall not be operated
in surface waters or stream channels. Temporary stream crossings will be used to
access the opposite sides of stream channels. All temporary diversion channels
and stream crossings will be constructed of non -erodible materials. Grubbing of
riparian vegetation will not occur until immediately before construction begins on
a given segment of stream channel.
2) No fill or excavation impacts for the purposes of sedimentation and erosion
control shall occur within jurisdictional waters, including wetlands, unless the
impacts are included on the plan drawings and specifically authorized by this
permit. This includes, but is not limited to, sediment control fences and other
barriers intended to catch sediment losses.
3) The Permittee shall remove all sediment and erosion control measures placed
in waters and/or wetlands, and shall restore natural grades on those areas, prior to
project completion unless deemed necessary for the establishment of permanent
stabilization.
4) The Permittee shall use appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent version of the "North
Carolina Sediment and Erosion Control Planning and Design Manual" to ensure
compliance with the appropriate turbidity water quality standard. Erosion and
sediment control practices shall be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such

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

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

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