20120025 Ver 1_401 Application_20120112

January 6th 2012
TO Mr Chad Coburn
NCDENR Division of Water Quality
127 Cardinal Drive Extension
m g
Wilm ton NC 28405 v
RE 401 WQC Application Sea Wynde Plantation Phase One
JAN j 0 2012
DWQ Project# NOV 2008 OP 0020
Brunswick County NC t DENR WATER QUALITY
�&A, ETD 0ETUWDS AND ST mw9ER8WW CH
Dear Chad WW
0
Enclosed is an after the fact 401 WQC Application for your review This application is
submitted on behalf of Bank of Hampton Roads for Phase One of Sea Wynde Plantation located
in Shallotte NC The previous owner of the tract filled and excavated wetlands within Phases 1
and 3 of this tract without prior authorization and Notices of Violation were issued by both the
ACOE and NC Division of Water Quality Approximately six acres of 404 wetlands were
disturbed A remediation plan that will restore most of these areas has been prepared in order to
resolve the NOVs However the applicant wishes to keep 0 14 acre of wetland impact in place in
order to allow access throughout Phase 1 To mitigate for these permanent impacts the applicant
agrees to buy into the Stone Farm Mitigation Bank for 0 20 acres of non riparian wetland
restoration and to preserve remaining wetlands (— 18 7 acres) within Phase One
The Pre Construction Notification form associated maps site plan and remediation plan
are enclosed for your review I have also enclosed a copy of the signed Consent Agreement The
WQC application fee has been sent to the Raleigh office Please contact me if you have any
questions Thank you for your assistance with this project
Sincerely
Kim Williams
Environmental Scientist
Encl
C Mr Mark Bowles The Bank of Hampton Roads
Mr Tim Sullivan Poyner & Spruill
Mr Ian McMillan DWQ
Ms Jennifer Frye ACOE
www Imgroup net info @Imgroup net Phone [phone] Fax [phone]
3805 Wrightsville Ave Suite 15 Wilmington NC 28403 P 0 Box 2522 Wilmington NC 28402

January 6t' 2012
TO Ms Jennifer Frye
US Army Corps of Engineers
69 Darlington Avenue
Wilmington NC 28402
RE NWP 32 Application Sea Wynde Plantation Phase One
Action ID# SAW 2005 00883
Brunswick County NC
Dear Jennifer
Enclosed is a NWP 32 application for your review This application is submitted on
behalf of the Bank of Hampton Roads for Phase One of Sea Wynde Plantation located in
Shallotte, NC The previous owner of the tract filled and excavated wetlands within Phases 1 and
3 of this tract without prior authorization and Notices of Violation were issued by both the
ACOE and the NC Division of Water Quality Approximately six acres of 404 wetlands were
disturbed A remediation plan that will restore most of these areas has been prepared in order to
resolve the NOVs However the applicant wishes to keep 0 14 acre of wetland impact in place in
order to allow access throughout Phase 1 To mitigate for these permanent impacts the applicant
agrees to buy into the Stone Farm Mitigation Bank for 0 20 acres of non riparian wetland
restoration and to preserve remaining wetlands (— 18 7 acres) within Phase One
The Pre Construction Notification form associated maps site plan, and remediation plan
are enclosed for your review I have also enclosed a copy of the signed Consent Agreement
Please contact me if you have any questions Thank you for your assistance with this project
Sincerely
Kim Williams
Environmental Scientist
Encl
C Mr Mark Bowles, The Bank of Hampton Roads
Mr Tim Sullivan Poyner & Spruill
Mr Ian McMillan DWQ
Mr Chad Coburn, DWQ
www Imgroup net info @Imgroup net Phone [phone] Fax [phone]
3805 Wrightsville Ave Suite 15 Wilmington NC 28403 P 0 Box 2522 Wilmington NC 28402

zucse •
20120025
Office Use Only
Corps action ID no
DWQ project no
Form Version 13 Dec 10 2008
Page 1 of 12
PCN Form — Version 1 3 December 10 2008 Version
Pre - Construction Notification (PCN) Form
A
Applicant Information
1
Processing
1a
Type(s) of approval sought from the
Corps
®Section 404 Permit ❑Section 10 Permit
1b
Specify Nationwide Permit (NWP) number 32 or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d
Type(s) of approval sought from the DWQ (check all that apply)
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
❑ Yes ® No
For the record only for Corps Permit
❑ Yes ® No
1f
Is payment into a mitigation bank or in lieu fee program proposed for mitigation
of impacts? If so attach the acceptance letter from mitigation bank or in lieu
fee program
® Yes
❑ No
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1 h
below
® Yes
❑ No
1 h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2
Project Information
2a
Name of project
Sea Wynde Plantation Phase 1
2b
County
Brunswick County
2c
Nearest municipality / town
Shallotte
2d
Subdivision name
Sea Wynde Plantation
2e
NCDOT only T I P or state
project no
N/A
3
Owner Information
3a
Name(s) on Recorded Deed
The Bank of Hampton Roads successor by merger to Gateway Bank & Trust Co
3b
Deed Book and Page No
3175 0832
3c
Responsible Party (for LLC if
applicable)
3d
Street address
PO BOX 1908
3e
City state zip
Elizabeth City NC 27906
3f
Telephone no
3g
Fax no
3h
Email address
Page 1 of 12
PCN Form — Version 1 3 December 10 2008 Version

w�
4
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ❑ Other specify
4b
Name
Mark Bowles Senior Vice President Special Assets
4c
Business name
(if applicable)
The Bank of Hampton Roads
4d
Street address
2235 Gateway Access Point Suite 200
4e
City state zip
Raleigh NC 27607
4f
Telephone no
4g
Fax no
4h
Email address
5
Agent/Consultant Information (if applicable)
5a
Name
Kim Williams
5b
Business name
(if applicable)
Land Management Group Inc
5c
Street address
3805 Wrightsville Avenue Suite 15
5d
City state zip
Wilmington NC 28403
5e
Telephone no
[phone]
5f
Fax no
[phone]
5g
Email address
kwdliams @lmgroup net
Page 2 of 12

B Project Information and Prior Project History
1 Property Identification
1 a Property identification no (tax PIN or parcel ID)
1830010407 1830010405 183MA00105 183HA00103
183HA00102
Latitude 33 98866 °N Longitude 78 20698 °W
1 b Site coordinates (in decimal degrees)
(DD DDDDDD) ( DD DDDDDD)
1 c Property size
110 26 acres
2 Surface Waters
2a Name of nearest body of water (stream river etc ) to
Sharron Creek
proposed project
2b Water Quality Classification of nearest receiving water
C Sw HQW
2c River basin
Lumber River
3 Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
A majority of Phase 1 at Sea Wynde Plantation has been cleared of vegetation Several dirt and asphalt roads have been
constructed throughout the project area Approximately 0 36 acres of wetlands within Phase 1 have been filled No other
development has occurred on site Adjacent land use is undeveloped or residential
3b List the total estimated acreage of all existing wetlands on the property
18 86 acres of wetlands within Phase 1
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
N/A
3d Explain the purpose of the proposed project
The purpose of the project is to resolve a Notice of Violation within Phases 1 and 3 and to allow existing roads in Phase 1
to remain in place
3e Describe the overall project in detail including the type of equipment to be used
Phase 1 Fill material will be removed from approximately 0 22 wetlands in order to resolve a NOV Some fill material
associated with roads will remain in wetlands to allow access and are included in this application
Phase 3 Approximately six acres of wetlands will be restored see remediation Ian
4 Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes E] No El Unknown
project (including all prior phases) in the pasty
Comments
4b If the Corps made the jurisdictional determination what type
❑ Preliminary ® Final
of determination was made?
Agency /Consultant Company
4c If yes who delineated the jurisdictional areas?
Land Management Group Inc
Name (if known)
Other
4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
Tom Farrell with the ACOE approved a wetland line within Phase 1 prior to any unauthorized wetland impacts (Action ID#
SAW 2005 00883) This line was reestablished after wetland disturbance to determine the amount of unauthorized fill Ms
Jennifer Frye approved the wetland line within Phase 3 in May of 2010
5 Project History
5a Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes explain in detail according to help file instructions
Page 3 of 12
PCN Form — Version 1 3 December 10 2008 Version

B Project Information and Prior Project History
6 Future Project Plans
6a Is this a phased project? ❑ Yes ® No
6b If yes explain
Page 4 of 12

C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply)
® Wetlands ❑ Streams tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404 other)
(acres)
Temporary T
W1 ®P ❑ T
Road Crossing
Non riparian
❑ Yes
® No
® Corps
® DWQ
013
W2 ® P ❑ T
Road Crossing
Non riparian
❑ Yes
® No
® Corps
® DWQ
001
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g Total wetland impacts
014
2h Comments Impacts are already in place This is an after the fact application
3 Stream Impacts N/A
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number
(PER) or
(Corps 404 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
31 Comments
Page 5 of 12
PCN Form — Version 1 3 December 10 2008 Version

4 Open Water Impacts NIA
If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of
the U S then indivi ually list all open water impacts below
4a
Open water
impact number—
Permanent (P) or
Temporary T
4b
Name of waterbody
(if applicable)
4c
Type of impact
4d
Waterbody type
4e
Area of impact (acres)
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f Total open water impacts
4g Comments
5 Pond or Lake Construction NIA
If pond or lake construction proposed the complete the chart below
5a
Pond ID
number
5b
Proposed use or purpose
of pond
5c
Wetland Impacts (acres)
5d
Stream Impacts (feet)
5e
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
Page 6 of 12

6 Buffer Impacts (for DWQ) N/A
If project will impact a protected riparian buffer then
complete the chart below
If yes then individually list all buffer impacts
below If any impacts require mitigation then
you MUST fill out Section D of this form
6a
❑ Neuse
El Tar Pamlico El Other
Project is in which protected basin?
❑ Catawba
❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
131 ❑P ❑T
❑Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h Total buffer impacts
61 Comments
Page 7 of 12

D
Impact Justification and Mitigation
1
Avoidance and Minimization
1a
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The applicant is requesting 0 14 acres of after the fact 404 wetland impacts to allow road access throughout the site Road
widths are minimal Additionally this project will resolve a Notice of Violation by restoring 0 22 acres of wetlands in Phase 1
and six acres of wetlands within Phase 3 (see enclosed remediation plan)
1b
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Silt fencing will be installed to prevent erosion into adjacent wetland areas during construction
2
Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
2a
Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
® Yes ❑ No
2b
If yes mitigation is required by (check all that apply)
❑ DWQ ® Corps
2c
If yes which mitigation option will be used for this
project?
® Mitigation bank
E] Payment to in lieu fee program
® Permittee Responsible Mitigation
3
Complete if Using a Mitigation Bank
3a
Name of Mitigation Bank Stone Farm Regional Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type Non Riparian
Quantity 0 20 acre
3c Comments
4
Complete if Making a Payment to In lieu Fee Program N/A
4a Approval letter from in lieu fee program is attached
❑ Yes
4b
Stream mitigation requested
N/A
4c
If using stream mitigation stream temperature
❑ warm ❑ cool ❑cold
4d
Buffer mitigation requested (DWQ only)
N/A square feet
4e
Riparian wetland mitigation requested
N/A acres
4f
Non riparian wetland mitigation requested
N/A acres
4g
Coastal (tidal) wetland mitigation requested
N/A acres
4h
Comments
5
Complete if Using a Permittee Responsible Mitigation Plan
5a
If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
Remaining wetlands (approximately 18 7 ac) within Phase 1 will be preserved using a Conservation Declaration
Additionally the applicant will restore approximately six acres of wetlands in Phases 1 and 3 in order to resolve the NOV
See attached remediation plan for details
Page 8 of 12
PCN Form — Version 1 3 December 10 2008 Version

6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ® No
buffer mitigation?
6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required NIA
6c
6d
6e
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required
6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank
permittee responsible riparian buffer restoration payment into an approved in lieu fee fund)
NIA
6h Comments NIA
Page 9 of 12

E
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
1 a
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b
If yes then is a diffuse flow plan included? If no explain why
❑ Yes ❑ No
Comments
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
2b
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c
If this project DOES NOT require a Stormwater Management Plan explain why
2d
If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
Stormwater permit (SW8070605) was issued by NC DENR
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3
Certified Local Government Stormwater Review NIA
3a
In which local government s jurisdiction is this project?
❑ Phase II
❑ NSW
3b
Which of the following locally implemented stormwater management programs
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a
Which of the following state implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
® Yes ❑ No
attached
5
DWQ 401 Unit Stormwater Review N/A
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 10 of 12
PCN Form —Version 1 3 December 10 2008 Version

F Supplementary Information
1 Environmental Documentation (DWQ Requirement)
la Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
1 b If you answered yes to the above does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c If you answered yes to the above has the document review been finalized by the
State Clearing House? (If so attach a copy of the NEPA or SEPA final approval
❑ Yes No
❑
letter )
Comments
2 Violations (DWQ Requirement)
2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated
Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards
® Yes ❑ No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b Is this an after the fact permit application?
® Yes ❑ No
2c If you answered yes to one or both of the above questions provide an explanation of the violation(s)
The ACOE and DWQ issued Notices of Violation to the previous property owner for unauthorized impacts to 404 wetlands
The resolution of these NOVs is part of the proposed project (see enclosed remediation plan)
3 Cumulative Impacts (DWQ Requirement)
3a Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development which could impact nearby downstream water quality?
3b If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered no provide a short narrative description
Project will not provide access or utilities to adjacent tracts Remaining wetlands within Phase 1 will be preserved
4 Sewage Disposal (DWQ Requirement)
4a Clearly detail the ultimate treatment methods and disposition (non discharge or discharge) of wastewater generated from
the proposed project or available capacity of the subject facility
Current project will not generate wastewater
Page 11 of 12
PCN Form — Version 1 3 December 10 2008 Version

5
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a
Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b
Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c
If yes indicate the USFWS Field Office you have contacted
❑ Asheville
5d
What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species No federally
protected species on or adjacent to the site were noted
6
Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b
What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat No EFH was noted within the project area
7
Historic or Prehistoric Cultural Resources (Corps Requirement)
7a
Will this project occur in or near an area that the state federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e g National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b
What data sources did you use to determine whether your site would impact historic or archeological resources?
The National Trust for Historic Preservation website mapping resource and the State Historic Preservation Office
HPOWEB GIS Service were used to determine the presence of cultural resources No cultural resources were found
8
Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA designated 100 year floodplain?
❑ Yes ® No
8b
If yes explain how project meets FEMA requirements
8c What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System
website was used to determine the boundaries of the 100 year floodplain
Kim Williams
�±/ �`j
01/06/2012
Applicant/Agent s Printed Name
Date
AApppiiicant/Agent s Signature
(Agents signature is valid only if an authorization letter from the applicant
is provided
Page 12 of 12

AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN
I/we, the undersigned, hereby authorize Land Management Group, Inc to act as our agent in the
preparation and representation of information related to the Section 404/401 permit appheation
for the Sea W ade Plantation site All questions in regards to this project should be directed to
Land Management Group Inc
Sincerely,
V4v�K o1r C`4.%f6'- gG.'JS
Owner /Applicant
V., M "Wy ?,)O ,.Jk.A4 , S V'P
Print Name
Date

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Map Source: DeLorme: North Carolina Atlas and Gazetteer., 2001 pgs. 86 -87.
Sea Wynde Plantation Land Management Group, Inc.
Phase 1 Environmental Consultants
Brunswick County, NC I Wilmington, N.C.
SCALE V = 2 Miles
Figure 1. Vicinity Map

l� '�"-7 1 ��� .rte I •.y � �.� � > / � F � �� 1
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k*Boundoaries are approximate and are not meant to be absolute.
e: Holden Beach, N .C., 1990, USGS 7.5' Topographic quadrangle. SCALE 1" = 2000'
Wynde Plantation Land Management Group, Inc.
Phase 1 Environmental Consultants Figure 2. Topographic Map
swick County, NC Wilmington, N.C.

,f
MU
1
7o
*Boundaries are approximate and are not meant to be absolute
Map Source: Brunswick County Soil Survey (pg. 16)
Sea Wynde Plantation Land Management Group, Inc.
Phase 1 Environmental Consultants
Brunswick County, NC I Wilmington, N.C.
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SCALE 1" = 2000'
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OF W ATF9
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June 21 2007
Cumbee Rd Partners LLC
Attn Adam Lisk Member Manager
7616 Hawk Road
Wilmington NC 28411
Michael F Easley Governor
William G Ross Jr Secretary
North Carolina Department of Environment and Natural Resources
Subject Permit No SW8070605
Sea Wynde Plantation Phase I
High Density Stormwater Project
Brunswick County
Dear Mr Lisk
Colleen H Sullins Director
Division of Water Quality
The Washington Regional Office received a completed Stormwater Application for the subject project on
June 7 2007 Staff review of the plans and specifications has determined that the project as proposed will comply
with the Stormwater Regulations set forth in Title 15A NCAC 2H 1000 We are forwarding Permit No SW8070605
dated June 21 2007 to Cumbee Road Partners LLC for five wet detention ponds to serve the Sea Wynde Plantation
Phase I development located at the intersection of Cumbee Road and NC 17 near Shallotte NC
This permit shall be effective from the date of issuance until June 21 2017 and shall be subject to the
conditions and limitations as specified therein 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 The issuance of this permit does not resolve an}
previous violations of the stormwater rules for construction without a permit.
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 6714 Mail Service Center Raleigh NC 27699 6714 Unless such
demands are made this permit shall be final and binding
If you have any questions or need additional information concerning this matter please contact Samir
Dumpor or me at (252) 946 -6481
ncer ly
L —�'
Al Ho ge egional Supe irV sor
Surface Water Protection Section
Washington Regional Office
AH /sit J \WPDATA\WQS\ State SW SD \Permits —Wet Pond
cc John F Oglesby PE Tngon Engineering (700 Blue Ridge Rd St 101 Raleigh NC 27606)
Brunswick County Building Inspections Department
Washington Regional Office
Wilmington Regional Office
Central Flies
North Carolina Division of Water Quality Internet «a%N nl.%� it ruu 110 Or One
943 Washington Square Mall Phone [phone] NorthCarolina
Washington NC 27889 Fax ():,2) 946 911 Naturally
atu lly
An Equal Opportunity /Affirmative Acton Employer— 50 / Recycled /10 / Post Consumer Paper �/ i i L

C FI;-
20120025
WETLAND RESTORATION PLAN
for
SEA WYNDE PLANTATION
Shallotte, NC
Brunswick County, NC
Action ID# SAW 2005 00883
DWQ Protect# NOV 2008 OP 0020
Prepared By
L M-- G
LAND MANAGEMENT GROUP iNc
Land Management Group Inc
P O Box 2522
Wilmington NC 28402
[phone]
Prepared for
Gateway Bank & Trust Co
A Division of the Bank of Hampton Roads

Wetland Restoration Plan
Sea Wynde Plantation
Shallotte NC
Brunswick County
I Introduction
On September 18 2008 a site visit was conducted at the Sea Wynde Plantation property located in
Shallotte N C (the Property) by Ms Jennifer Frye and Ms Kimberly Garvey of the US Army Corps
of Engineers (COE) A subsequent letter from the COE staff stated that unpermitted activities had
occurred in potential Section 404 wetlands adjacent to Sharron Creek a tributary to the Shallotte
River (Figures 1 3) These actions include mechanized land clearing and placement of fill material
associated with infrastructure installation in Phase I (Figure 7) In addition Ms Frye and Ms
Garvey documented recent land disturbing activities in Phase III (Figure 8) including mechanized
land clearing utility installation and construction of a pond which resulted in significant discharge
of fill material into Section 404 wetlands No Section 404 violations in Phase II were noted at the
time A formal letter from the COE to the property owner Mr Adam Lisk of Cumbee Road
Partners LLC describing the violations of Section 301 of the Clean Water Act was issued on
September 23 2008 The federal Environmental Protection Agency (EPA) has since assumed
primary enforcement responsibility for this matter The responsible party and current property
owner Cumbee Road Partners LLC has not acted to address any of the wetlands violations
identified by EPA and the COE and has essentially abandoned the project
The Gateway Bank & Trust Company a division of the Bank of Hampton Roads ( Gateway Bank )
which is the lead bank for a group of lenders to Cumbee Road Partners LLC that hold a Deed of
Trust to the Property has initiated foreclosure proceedings However prior to continuing the
foreclosure process Gateway Bank is seeking to reach agreement with EPA and the COE
concerning the extent of restoration activity required to be performed by Gateway Bank (or other
prospective purchaser of the property) to ensure resolution of all existing wetlands related
violations relative to a future property owner Accordingly Gateway Bank retained Land
Management Group Inc (LMG) to conduct an impact site assessment delineate wetlands assist
in the preparation of the necessary restoration plan and help to resolve regulatory compliance
issues
Phase I of Sea Wynde is associated with a valid Jurisdictional Determination (Action Id
200500883 expiring 10/7/2010) This Jurisdictional Determination was signed by the COE
approximately two years before Mr Lisk and partners acquired the tract LMG performed the
wetland delineation in 2005 for Mr Al Larson former owner of the tract To determine the amount
of unauthorized wetland impacts in Phase I LMG contracted Mr Bobby Long PLS to reestablish
the wetland flags in the areas that appeared to be impacted by construction activities Mr Long
had originally surveyed the wetland flags in 2005 In addition the wetlands survey conducted by
Mr Long was overlayed on a 2008 aerial photograph to assist in the determination of which
wetland areas were impacted

LMG conducted field investigations on April 7 8 and 13 2010 delineating existing wetlands and
the extent of land disturbance in Phase III A copy of the wetland data package that was sent to
the COE to request a Jurisdictional Determination is included in Appendix A Delineations were
based on the 1987 Wetland Delineation Manual and 2008 Interim Regional Supplement to the
Corps of Engineers Wetland Delineation Manual Atlantic and Gulf Coastal Plain Region, published
by the COE which utilizes the 3 parameters of hydnc soils hydrology and vegetation to define the
limits of Jurisdictional areas Locations of Section 404 wetlands and disturbed areas were
approximated using handheld GPS equipment and a sketch was prepared LMG had previously
delineated wetlands in Phase III for Mr Lisk in 2006 along with other firms although these
delineations were never verified by the COE
Following these investigations LMG met on site with Ms Jennifer Frye of the COE and Mr Chad
Coburn of the NC Division of Water Quality on May 6 2010 In Phase I the review of impacted
wetland areas was aided by wooden stakes marking the original COE verified wetland flags
courtesy of Mr Long At the meeting Ms Frye pointed out specific areas where wetlands had
been disturbed Following the meeting LMG calculated that 0 36 acres of wetlands were disturbed
in Phase I (Figure 7) In Phase III numerous soil pits and borings were inspected to confirm the
recent delineation conducted by LMG After Ms Frye made minor adjustments to the wetland
delineation boundaries the total area of potential wetlands disturbed in Phase III (Figure 8) by
mostly mechanized land clearing activities was surveyed by Mr Bobby Long and confirmed to be
5 61 acres
The following report identifies proposed restoration activities to be conducted by Gateway Bank to
remediate Cumbee Road Partners LLC s unauthorized disturbances to wetlands on the site in the
event Gateway Bank proceeds with foreclosure and acquires title to the Property
Site Description
The site is located at the intersection of Cumbee Road and US Hwy 17 in Brunswick County NC
(Figure 1) According to Brunswick County tax parcel records the Property was recently annexed
by the Town of Shallotte The center of the site is located at Longitude 78 20698 W and Latitude
33 98866 N The majority of wetlands on the site are classified as pocosin and mineral pine flats
A review of NRCS sod maps for the area show only three soil mapping units throughout Phases I
and III (Figure 4) The wetlands on site are generally mapped as Leon fine sand The Leon series
consists of poorly drained soils that formed in coarse textured sediment A typical pedon of Leon
fine sand exhibits a dark gray fine sandy surface layer followed by a dark brown to black layer of
weakly cemented fine sand Although Leon is included on the national list of hydnc sods many
areas of Brunswick County mapped as Leon soils lack the hydrology to be classified as
Jurisdictional wetlands However some areas containing Leon sods do meet the hydrology
criterion largely due to the retention of precipitation above weakly cemented shallow hardpan
(spodic) sod strata
Uplands on the site are mapped as Baymeade fine sand (both phases) and Mandarin fine sand
(Phase I only) These sod units are generally in higher elevations and are sandier and better
drained than Leon fine sands The Baymeade series consists of well drained soils that formed in
moderately coarse textured sediment A typical pedon includes a light gray fine sandy surface

followed by very pale brown fine sand The Mandarin series consists of somewhat poorly drained
soils that formed in coarse textured sediment Mandarin fine sand typically exhibits a shallow gray
sandy surface followed by an eluviated layer of white fine sand Below this layer lies a dark brown
to black layer of weakly cemented sandy spodic material Mandarin soils are often located on the
upland sand rims of Carolina bays
Vegetation in the disturbed areas has largely been removed by the mechanized land clearing
activities However the vegetation in the undisturbed wetlands likely represents what existed in
the impacted wetlands prior to disturbance In the pocosin areas (most Phase I wetlands and the
eastern side of Phase III) canopy species such as pond pine (Pmus serotina) and loblolly pine
(Pmus taeda) were found throughout the intact portions of the wetland system The understory
vegetation of these areas were characterized by laurel leaf greenbriar (Smilax launfolla) fetterbush
(Lyonla lucida) gallberry (llexglabra) and tits (Cyrdla racemlflora) Going west in Phase III the
pocosin wetlands gradually transition into the mineral pine flats Although no undisturbed wetland
mineral pine flats remain on site anecdotal observations from the 2006 delineation performed by
LMG recall similar vegetation to the pocosins except for the lack of pond pine and the replacement
of laurel leaf greenbriar with common greenbriar (Smilax rotundifolia) The subtle differences
between the true pocosin wetlands on site and the mineral pine flats likely represent subtle
elevation changes coupled with a reduction in sod organic matter decrease in duration of
saturation and sdvicultural management of the loblolly pines
III Restoration Plan For Phase I and Phase III
A ditch was noted in a portion of an apparent wetland area in Phase II during the above referenced
May 6 2010 on site meeting but it was determined to be of minor impact and that no restoration in
Phase II or mitigation would be required by Gateway Bank or other subsequent owner to
address prior impacts to any wetlands in Phase II Therefore this plan addresses restoration of
impacts to Phase I and Phase III of the property
Phase I
Phase I impacts largely consist of road crossings and associated fill material adjacent to the
constructed roads for road shoulders and utilities Removal of these roads would be
counterproductive to future land use of the tract Therefore the roads should be left in place
pursuant to an after the fact permit to be issued to Gateway Bank and the amount of impacts
associated with the road crossings will be mitigated at a 11 ratio with credits purchased from the
Stone Farm Mitigation Bank and all remaining wetlands in Phase 1 will be subject to a
Conservation Declaration The Stone Farm Mitigation Bank also located in Brunswick County
services the same watershed as the project area and has provided LMG with written confirmation
that credits are available (See attached confirmation) Based on preliminary calculations by LMG
a total of 0 2 credits will likely need to be purchased to mitigate for 014 acres of impacts from
roads left in place Fifteen feet wide road shoulders will be left in place to accommodate a five feet
wide concrete sidewalk Any unpermitted existing road shoulders outside of this area will be
removed and these wetlands will be restored Initial work will focus on the removal of fill material
Grading activities will then be conducted to establish proper side slopes Prior to the initiation of
any earth work proper sediment and erosion control measures will be installed to ensure that

turbidity and nutrient pollution do not affect adjacent waterbodies during construction Although it is
anticipated that with the removal of the sandy nutrient poor fill material natural recolomzation of
the area from adjacent seed bank sources will quickly revegetate the area with appropriate local
species an appropriate wetland seed mix also will be deployed in the area to facilitate
recolomzation Also based on observations during the on site agency meeting and the nature of
the spodic material inherent in these sods wetland hydrology will likely be restored naturally in a
relatively short time frame
LMG will subsequently conduct visual monitoring of the wetland recovery in Phase I and will
provide the EPA and COE with a report of the status of the wetland recovery based on the restored
area s condition at least one year after completion of the restoration work Wetland hydrology will
be monitored via visual inspection of field indicators and best professional judgment as specified in
the 1987 Wetland Delineation Manual and 2008 Interim Regional Supplement to the Corps of
Engineers Wetland Delineation Manual Atlantic and Gulf Coastal Plain Region If LMG s report
does not reasonably demonstrate to the EPA and/or the COE that 75% or greater of the restored
area has endemic species present and wetland hydrology has been restored then LMG will submit
a follow up report to the EPA and COE annually until LMG has reasonably demonstrated to EPA
and/or the COE that 75% or greater of the restored area in Phase I has endemic species present
and that wetland hydrology has been restored If vegetative and /or hydrologic success criteria are
not expected to be met based on initial monitoring then a contingency plan will be developed and
implemented to ensure that restoration of wetland functions will occur
Also as part of the mitigation plan all remaining wetlands in Phase I including those areas to be
restored will be placed under a Conservation Declaration given the existing impacts associated
with road crossings and that the Town of Shallotte has approved a site development plan for Phase
I Informative signs will be posted to limit encroachment into the wetlands
Phase III
Phase III impacts appear to be a result of both excavation (mechanized scraping of the sod
surface) and fill activities On the eastern side of Phase III an earthen berm or spoil pile roughly
parallels the wetland line This berm appears to be the sod that was excavated from the sod
surface of the wetlands to the east of the berm Therefore the sod material constituting this berm
will be spread out over the wetlands to the east after all fill material is removed It is evident from
recent vegetative growth on the berm that this sod material contains a natural pocosin seed bank
Due to the presence of this seed bank it is anticipated that this area will quickly revegetate
naturally although an appropriate wetland seed mix also will be deployed Also due to the
properties of the incipient spodic layer of the Leon sod wetland hydrology should quickly return
without the need of man made hydrologic modifications Once hydrology returns the hydnc sod
properties should begin to reappear
West and north of the earthen berm there appears to be approximately 2 feet of fill material on
average in the wetlands Restoration activities will primarily involve the removal of this fill material
Once this fill material is removed any remaining soil material from the earthen berm will be spread
out on the sod surface to promote the recolonization of vegetation from the natural wetland seed
bank and an appropriate wetland seed mix also will be used Because hydrology will likely return
on its own no monitoring is proposed for any of the restoration areas at the Property

Also on the west side of the earthen berm several concrete utility pipes and associated holes and
ditches currently exist As part of the restoration plan any pipes or other foreign impervious
materials in wetland areas will be removed The associated holes and ditches will be filled in as
the wetland is restored to its natural grade and elevation All stormwater catch basins in wetlands
will be restored back to grade
Near the southern property boundary Mr Lisk dug a linear shaped pond that roughly parallels the
boundary A small portion of this pond appears to have been excavated in wetlands and was not
authorized The portion of this pond that lies within the recently COE approved wetland boundary
will be filled in as part of the restoration plan Re establishment of vegetation and hydrology will
follow the guidelines set forth in the previously described areas of the tract
All on site construction activities will be supervised by LMG staff to ensure that the restoration plan
is correctly applied and that proper erosion control methods are observed LMG will subsequently
conduct visual monitoring of the wetland recovery in Phase III and will provide the EPA and COE
with a report of the status of the wetland recovery based on the restored area s condition at least
one year after completion of the restoration work Wetland hydrology will be monitored via visual
inspection of field indicators and best professional judgment as specified in the 1987 Wetland
Delineation Manual and 2008 Interim Regional Supplement to the Corps of Engineers Wetland
Delineation Manual Atlantic and Gulf Coastal Plain Region If LMG s report does not reasonably
demonstrate to the EPA and/or the COE that 75% or greater of the restored area has endemic
species present and wetland hydrology has been restored then LMG will submit a follow up report
to the EPA and COE annually until LMG has reasonably demonstrated to EPA and /or the COE that
75% or greater of the restored area in Phase III has endemic species present and that wetland
hydrology has been restored If vegetative and /or hydrologic success criteria are not expected to
be met based on initial monitoring then a contingency plan will be developed and implemented to
ensure that restoration of wetland functions will occur
Upon concurrence of this plan by the COE and Gateway Banks acquisition of title to the Property
through the foreclosure process restoration activities will be initiated The COE will be notified of
completion of such activities to ensure that the area is adequately restored The following list
summarizes the wetland mitigation activities noted above
1) Phase I — Remove sod /fill down to natural grade over the 0 22 acre area to be restored
and put up new silt fence along edges of denuded site estimated to be 968 feet in length
It is anticipated that revegetation from adjoining undisturbed wetlands will colonize these
denuded /restored wetland areas although an appropriate wetland seed mix also will be
used
2) Phase III — Remove sod /fill that has been stockpiled on the 5 61 acres down to natural
grade and remove man made structures concrete pipe stone etc Install new silt fence
where needed around perimeter of denuded areas and back fill depressions holes and
ditches as noted The amount of new silt fence required is estimated to be 3 584 feet in
length Spread top sod strippings over denuded area and deploy an appropriate wetland
seed mix to assist in revegetation of disturbed areas

3) Prepare a wetland map for Phase I and describe the boundaries by metes and bound
descriptions for a Conservation Declaration that will apply to the remaining 18 72 wetland
acres in Phase 1
4) Purchase mitigation credits from an approved mitigation bank of 0 2 acres in order to offset
allowing the asphalt roadways and concrete curbing to remain and future installation of
sidewalk

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*Boundaries are approximate and are
not meant to be absolute.
Map Source: North Carolina Atlas & Gazetteer. Pg 86.2003 SCALE 1" = 1 Mile
The Gateway Bank & Trust Co.
Sea Wynde Plantation LMG
Brunswick County, NC LAt1DMANAGENEYT6ROlT._ Figure 1
April 2010 www.LMGroup.net Vicinity Map
Phone: [phone] •1.866.LMG.1078
01 -10 -041 Fax: [phone]
P.O. Box 2522, Wilmington, NC 28402

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Map Source: Holden Beach Quadrangle 7.5 minute (topographic) 1990.
i
if
SCALE 1" = 800'
The Gateway Bank & Trust Co.
Sea Wynde Plantation LMG
Brunswick Count NC ' "'INACEJdFNTGR`VCT Figure 2
County, - .., iCpn.u'i nr
April 2010 — www.LMGroup.net USGS Topographic Map
Phone: [phone] •1.866.LMG.1078
01 -10 -041 Fax: [phone]
P.O. Box 2522, Wilmington, NC 28402
•
if
SCALE 1" = 800'
The Gateway Bank & Trust Co.
Sea Wynde Plantation LMG
Brunswick Count NC ' "'INACEJdFNTGR`VCT Figure 2
County, - .., iCpn.u'i nr
April 2010 — www.LMGroup.net USGS Topographic Map
Phone: [phone] •1.866.LMG.1078
01 -10 -041 Fax: [phone]
P.O. Box 2522, Wilmington, NC 28402

*Boundaries are approximate and are
not meant to be absolute.
Map Source: NCDOT LIDAR data.
Gateway Bank & Trust
Sea Wynde Plantation
Brunswick County, NC
April 2010
01 -10 -041
L NI Q
www.LMGroup.net
Phone: [phone] •1.866.LMG.1078
Fax: [phone]
P.O. Box 2522, Wilmington, NC 28402
SCALE 1" = 800'
Figure 3
LIDAR map

*Boundaries are approximate and are
not meant to be absolute.
Map Source: NRCS Soil Survey.
The Gateway Bank & Trust Co.
Sea Wynde Plantation
Brunswick County, NC
April 2010
01 -10 -041
BaB: Baymeade fine sand
GoA: Goldsboro fine sandy loam
Lo: Leon fine sand
Mk: Muckalee loam
Mu: Murville mucky fine sand
Ra: Rains fine sandy loam
www.LMGroup.net
Phone: [phone] •1.866.LMG.1078
Fax: [phone]
P.O. Box 2522, Wilmington, NC 28402
SCALE 1" = 400'
Figure 4
Soils Map

*Boundaries are approximate and are
not meant to be absolute.
Map Source: 2008 NAPP Aerial Photography
SCALE 1" = 300'
ne Gateway Bank & Trust Co.
Sea Wynde Plantation ,LMG
Brunswick County, NC `- Figure 5
April 2010 lwww.LMGroup.net Aerial Photograph
Phone: [phone] •1.866.LMG.1078
01 -10 -041 Fax: [phone]
P.O. Box 2522, Wilmington, NC 28402

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Legend
Iimits_of disturbance
new _404_line
JD—Review _Area = —40.8 acres
- violation = —5.61 acres
uateway Bank & Trust Co
Sea Wynde Plantation
Brunswick County, NC
April 2010
01 -10 -041
LMG
�www.LMGroup.net
Phone. [phone] •1.866.LMG.1078
Fax: [phone]
P.O. Box 2522, Wilmington, NC 28402
SCALE 1" = 300'
Figure 8
Phase III
Restoration Plan View

APPENDIX A
WETLAND DATA PACKAGE SUBMITTED TO U S ARMY CORPS OF
ENGINEERS FOR JURISDICTIONAL DETERMINATION OF SECTION
404
WETLANDS IN PHASE III OF SEA WYNDE PLANTATION

Army Corps of Engineers
Wetland Data Package
Sea W) nde Plantation
Bruns -A ick County
Property Owner Cumbee Road Partners LLC
237 Ocean Highway 17
Supply NC 28462
Applicant The Gateway Bank & Trust Co
A division of the Bank of Hampton Roads
c/o Tim Sullivan — Poyner & Spruill LLP
301 Fayetteville Street
Raleigh NC 27601
Site address
Subdn ision name
Parcel number
Cumbee Road
Shallotte NC
Sea Wynde Plantation
portion of 1830010504
Directions From Wilmington, take US 17 South to Brunswick County
Shortly past the intersection with NC211 turn left on Cumbee Rd
Turn right on the unnamed paved road which leads to the site
Nearest water body Sharro Creek
Name of m atershed Shallotte River (Lumber River Basin)
Coordinates of site Latitude 33 98866 °N
Longitude 78 20698 °W
USGS Quad Holden Beach NC
Total size approx 41 acres
Total size of Wetlands approx 5 acres of disturbed wetlands within review area

WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region
Project/Site City /County Sea Wynde Plantation Supply / Brunswick Sampling Date 4/13/10
Applicant/Owner
Tim Sullivan The Gateway Bank & Trust Co State NC Sampling Point SW Leon
investigator(s) Corey Novak /Donnie Beale LMG Section Township Range
Landform (hillsiope terrace etc) disturbed flats Local relief (concave convex none) none Slope (/) 0 1%
LRR T Lat 33 987857 Long 78 326534 Datum NAD 83
Subregion (LRR or MLRA) freshH2O forested
Soil Map Unit Name Lo Leon fine sand NWI classification
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (if no explain in Remarks )
Are Vegetation ® Sod X or Hydrology X significantly disturbed? Are Normal Circumstances present? Yes No
X
Are Vegetation Soil or Hydrology naturally problematic? (If needed explain any answers in Remarks)
n11nnwn w oV ^C C!Klr%l Al(_C _ attach citp man showina samphnd point locations transects Important features etc
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Sod Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No
n I vlwwv .
Secondary Indicators (minimum of two required)
Wetland Hydrology Indicators
Primary Indicators (minimum of one is required check all that apply) _ Surface Sod Cracks (136)
_ Surface Water (Al) _ Water Stained Leaves (69) _Sparsely Vegetated Concave Surface (B8)
_ High Water Table (A2) _ Aquatic Fauna (613) _ Drainage Patterns (1310)
_ Saturation (A3) _ Marl Deposits (1315) (LRR U) _ Moss Trim Lines (B16)
Water Marks (131) _ Hydrogen Sulfide Odor (Cl) _ Dry Season Water Table (C2)
Sediment Deposits (B2) — Oxidized Rhizospheres on Living Roots (C3) _ Crayfish Burrows (C8)
_ Drift Deposits (63) _ Presence of Reduced Iron (C4) _ Saturation Visible on Aerial Imagery (C9)
Algal Mat or Crust (134) _ Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2)
Iron Deposits (135) _ Thin Muck Surface (C7) _ Shallow Aguitard (D3)
Inundation Visible on Aerial Imagery (137) Other (Explain in Remarks) _ FAC Neutral Test (D5)
Field Observations
Surface Water Present? Yes No X Depth (inches)
Water Table Present? Yes No X Depth (inches) >24
>24 Wetland Hydrology Present? Yes No X
Saturation Present? Yes No X Depth (inches) Y 9Y
(includes ca dla fringe)
Describe Recorded Data (stream gauge monitoring well aerial photos previous inspections) if available
Remarks
Hydrology has possibly been impacted by compaction and subterranean drainage features The water table was
estimated at the time of observation to be >24 Inches below the natural soil surface This observation along with
previous undocumented observations and the lack of hydrology Indicators in the soil supports the determination that
this location lacks wetland hydrology
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Interim Version

�---A T1/"1A1 11 +,f, nomac of nlanfc
Sampling Point SW Leon
Remarks (If observed list morphological adaptations Deiow)
Clearing and fill activities have removed the original vegetation Previous undocumented observations and aerial
photography show that the vegetation had already been altered by sllvicultural activities (young pines dominant prior to
most recent clearing) A suitable reference site to compare vegetation was unable to be located Regardless of the
species composition the area likely would have met hydrophytic veg cnterla prior to disturbance
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
Absolute
Dominant Indicator
Dominance Test worksheet
Tree Stratum (Plot size 30 radius )
/ Cover Species? Status
Number of Dominant Species
2
That Are OBI- FACW or FAC (A)
1
none
2
Total Number of Dominant
2
Species Across All Strata (B)
3
4
Percent of Dominant Species
100
That Are OBL FACW or FAC (A/B)
5
6
Prevalence Index worksheet
7
Total / Cover of Multiply by
30 radius
Total Cover
OBL species x 1 =
Sapling
Stratum (Plot size )
FACW species x2--
1
none
FAC species x 3 =
2
FACU species x 4 =
3
UPL species x 5 =
4
Column Totals (A) (B)
5
6
Prevalence Index = B/A =
7
ophytic Vegetation Indicators
- Total Cover
Dominance Test is >50 /
Shrub Stratum (Plot size 30 radius )
Prevalence Index is 53 0
F
none
Problematic Hydrophytic Vegetation' (Explain)
2
3
Indicators of hydric sod and wetland hydrology must
4
be present unless disturbed or problematic
5
Definitions of Vegetation Strata
6
7
Tree - Woody plants excluding woody vines
- Total Cover
approximately 20 ft (6 m) or more in height and 3 in
30 radius
(7 6 cm) or larger in diameter at breast height (DBH)
Herb Stratum (Plot size )
2
N FacU
1
Eragrostis spectabilis
Sapling - Woody plants excluding woody vines
Panicum sp
5
Y NSA
approximately 20 ft (6 m) or more in height and less
2
UNID grass
3
Y NIA
than 3 in (7 6 cm) DBH
3
4
Pinus taeda
2
N Fac
Shrub - Woody plants excluding woody vines
Persea borbonia
1
N FacW
approximately 3 to 20 ft (1 to 6 m) in height
5
6
Gelsemium sempervirens
3
Y Fac
Herb - All herbaceous (non woody) plants including
herbaceous vines regardless of size Includes woody
7
plants except woody vines less than approximately
8
3 ft (1 m) in height
9
Woody vine -Ail woody vines regardless of height
10
11
12
11
= Total Cover
Woody
Vine Stratum (Plot size 30 radius )
Smilax laurlfolia
3
Y FacW
1
2
3
4
Hydrophytic
5
Vegetation
X
3
- Total Cover
Present? Yes No
Remarks (If observed list morphological adaptations Deiow)
Clearing and fill activities have removed the original vegetation Previous undocumented observations and aerial
photography show that the vegetation had already been altered by sllvicultural activities (young pines dominant prior to
most recent clearing) A suitable reference site to compare vegetation was unable to be located Regardless of the
species composition the area likely would have met hydrophytic veg cnterla prior to disturbance
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version

cnii
Sampling Point SW Leon
Profile Description (Describe to the depth needed to document the indicator or confirm the absence of indicators)
Depth Matrix Redox Features
(inches) Color (moist) / Color (moist) / T Loc Texture Remarks
06 10YR 6/1 FS FIJI material
6 10 10YR 4/2 FS Fill material
1024 10YR 3/1 FS Natural sod surface
24 >32 10YR 6/6 LFS
Type C= Concentration D =De letion RM= Reduced Matrix CS= Covered or Coated Sand Grains
2Location PL =Pore Lining M= Matrix
indicators for Problematic Hydnc Soils'
Hydnc Soil Indicators
Histosol (Al) _
Polyvalue Below Surface (S8) (LRR S T U) _
1 cm Muck (A9) (LRR 0)
_
Histtc Epipedon (A2) _
Thin Dark Surface (S9) (LRR S T U) _
2 cm Muck (A10) (LRR S)
_
Black Histic (A3) —
Loamy Mucky Mineral (F1) (LRR O) _
Reduced Vertic (F18) (outside MLRA 150A B)
_
Hydrogen Sulfide (A4) —
Loamy Gleyed Matrix (172) _
Piedmont Floodplain Sods (F19) (LRR P S T)
_
Stratified Lavers (A5) _
Depleted Matrix (F3) _
Anomalous Bright Loamy Sods (F20)
_
Organic Bodies (A6) (LRR P T U)
_ Redox Dark Surface (F6)
(MLRA 1538)
_
5 cm Mucky Mineral (A7) (LRR P T U) _
Depleted Dark Surface (F7) _
Red Parent Material (TF2)
i_ Muck Presence (A8) (LRR U)
_ Redox Depressions (F8) _
Very Shallow Dark Surface (TF12) (LRR T U)
1 cm Muck (A9) (LRR P T)
_ Marl (1710) (LRR U) _
Other (Explain in Remarks)
^_ Depleted Below Dark Surface (A11)
_ Depleted Ochnc (F11) (MLRA 151)
Thick Dark Surface (Al2)
_ Iron Manganese Masses (F12) (LRR 0 P T)
'Indicators of hydrophyt�c vegetation and
_
Coast Prairie Redox (A16) (MLRA 150A)
_ Umbnc Surface (F 13) (LRR P T U)
wetland hydrology must be present
_
_ Sandy Mucky Mineral (S1) (LRR 0 S)
_ Delta Ochnc (F17) (MLRA 151)
unless disturbed or problematic
Sandy Gleyed Matrix (S4)
_ Reduced Vertic (F18) (MLRA 150A 150B)
_
Sandy Redox (S5)
_ Piedmont Fioodplain Sods (1719) (MLRA 149A)
_
_ Stripped Matrix (S6)
_ Anomalous Bright Loamy Sods (F20) (MLRA 149A 153C 153D)
_ Dark Surface (S7) (LRR P S T U)
Restrictive Layer (if observed)
Type
Depth (inches)
Hydnc Sod Present? Yes No X
Soil has been disturbed by placement of fill material and possible scraping of the sod surface The presence of high
chroma soils in the natural soil profile below the fill strongly suggest that the sod is non hydric
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Interim Version

WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region
Project/Site Sea Wynde Plantation City /County Supply / Brunswick Sampling Date 4/13/10
Applicant/Owner
Tim Sullivan The Gateway Bank & Trust Co state NC Sampling Point Leon #2
Investigator(s) Corey Novak/Donnie Beale LMG Section Township Range
Landform (hillslope terrace etc) disturbed flats Local relief (concave convex none) none Slope (/) 0 1
Subregion (LRR or MLRA) LRR T Lat 33 988275 Long 78 325695 Datum NAD 83
Soil Map Unit Name Lo Leon fine sand NWI classification freshH2O forested
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no explain in Remarks )
Are Vegetation ® Soil X or Hydrology X significantly disturbed? Are Normal Circumstances present? Yes No X
Are Vegetation Soil or Hydrology naturally problematic? (If needed explain any answers in Remarks)
CI IMMARY nF FINDINGS — Attach site map showing sampling point locations transects important features etc
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
uvn0ni nnv
Wetland Hydrology Indicators Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required check all that apply) _ Surface Soil Cracks (136)
Surface Water (Al) _ Water Stained Leaves (B9) _ Sparsely Vegetated Concave Surface (138)
_
High Water Table (A2) _ Aquatic Fauna (B13) _ Drainage Patterns (B10)
_
Saturation (A3) _ Marl Deposits (1315) (LRR U) _ Moss Trim Lines (B16)
_
Water Marks (B1) _ Hydrogen Sulfide Odor (Cl) _ Dry Season Water Table (C2)
_
Sediment Deposits (B2) _ Oxidized Rhizospheres on Living Roots (C3) _ Crayfish Burrows (C8)
_
Drift Deposits (133) _ Presence of Reduced Iron (C4) _ Saturation Visible on Aerial Imagery (C9)
_
_ Algal Mat or Crust (B4) _ Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2)
Iron Deposits (135) _ Thin Muck Surface (C7) _ Shallow Aquitard (D3)
_
Inundation Visible on Aerial Imagery (67) Other (Explain in Remarks) FAC Neutral Test (D5)
Field Observations
Surface Water Present? Yes No X Depth (inches)
Water Table Present? Yes No X Depth (inches) j28
X
EWetlandKydrology
Saturation Present? Yes No X Depth (inches)
Present? Yes No
(includes capiila fringe)
Describe Recorded Data (stream gauge monitoring well aerial photos previous inspections) if available
Remarks
Hydrology has possibly been Impacted by compaction and subterranean drainage features The water table was
estimated at the time of observation to be 28 Inches below the natural soil surface This observation along with
the lack of hydrology Indicators in the soli supports the determination that
previous undocumented observations and
this location lacks wetland hydrology
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Interim Version

VEGETATION — Use scientific names of plants
Sampling Point Leon #2
Absolute
Dominant Indicator
Dominance Test worksheet
Tree Stratum (Plot size 30 radius )
/ Cover
Species? Status
Number of Dominant Species
1
none
That Are OBL FACW or FAC (A)
1
2
Total Number of Dominant
2
Species Across All Strata (B)
3
4
Percent of Dominant Species
50
5
That Are OBL FACW or FAC (A/B)
6
Prevalence Index worksheet
7
Total /Cover of Multiply by
30 radius
-Total Cover
OBL species x 1 =
Sapling
Stratum (Plot size )
FACW species x 2 =
1
none
FAC species x 3 =
2
FACU species x 4 =
3
UPL species x 5 =
4
Column Totals (A) (B)
5
6
P ee alence Index = B/A =
7
Hydrophytic Vegetation Indicators
= Total Cover
Dominance Test is >50 /
Shrub Stratum (Plot size 30 radius )
_
Prevalence Index is 53 0 1
1
none
_
X Problematic Hydrophytic Vegetation (Explain)
2
3
'Indicators of hydric soil and wetland hydrology must
4
be present unless disturbed or problematic
5
Definitions of Vegetation Strata
6
7
Tree -Woody plants excluding woody vines
= Total Cover
approximately 20 ft (6 m) or more in height and 3 in
30 radius
(7 6 cm) or larger in diameter at breast height (DBH)
Herb Stratum (Plot size )
1 Eragrostis spectabilis
25
Y FacU
Sapling -Woody plants excluding woody canes
2
Panicum sp
25
Y N/A
approximately 20 ft (6 m) or more in height and less
than 3 in (76 cm) DBH
UNID grass 20 Y N/A
3
4
Morella cenfera
10
N Fac
Shrub - Woody plants excluding woody vines
5
Ilex glabra
2
N FACW
approximately 3 to 20 ft (1 to 6 m) in height
Herb - All herbaceous (non woody) plants including
6 Andropogon virginicus 2 N Fac
herbaceous vines regardless of size Includes woody
7
plants except woody vines less than approximately
8
3 ft (1 m) in height
9
Woody vine -All woody vines regardless of height
10
11
12
84
= Total Cover
Woody
Vine Stratum (Plot size 30 radius )
1
Smilax launfolia
1
Y FacW
2
3
4
Hydrophytic
5
1
- Total Cover
Vegetation
Present? Yes X No
Remarks (if observed list morphological adaptations below)
Original veg removed Previous undocumented observations and aerial photography show that the vegetation had
already been altered by silvicultural activities (young pines dominant prior to most recent clearing) A suitable reference
site to compare vegetation was unable to be located Regardless of the species composition the area likely would have
met hydrophytic veg criteria prior to disturbance However hydrology is not present here
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version

cnn
Sampling Point Leon #2
Profile Description (Describe to the depth needed to document the indicator or confirm the absence of indicators )
Depth
(inches)
Matrix
Redox Features
Color (moist) / Tvpe Loc Texture
Remarks
Color (moist) /
1 cm Muck (A9) (LRR O)
02
10YR 6/1
FS
Fill material
Loamy Mucky Mineral (F1) (LRR O) _
Reduced Vertic (F18) (outside MLRA 150A B)
FS
Natural soil surface?
28
10YR 2/1
Depleted Matrix (F3) _
Anomalous Bright Loamy Soils (F20)
8 18
10YR 4/1
FS
_
5 cm Mucky Mineral (A7) (LRR P T U) ,
Depleted Dark Surface (F7) _
Red Parent Material (TF2)
FS
weakly cemented spodlc
18 >36
5YR 2 5/1
_ Marl (F10) (LRR U) _
Other (Explain in Remarks)
_
Depleted Below Dark Surface (A11)
_ Depleted Ochnc (F11) (MLRA 151)
'Type C= Concentration D= Depletion RM= Reduced Matrix CS= Covered or Coated Sand Grains
21-ocation PL =Pore Lining M Matrix
Hydnc Sod Indicators
Indicators for Problematic Hydric Sods
Histosol (Al) _
Polyvalue Below Surface (S8) (LRR S T U) _
1 cm Muck (A9) (LRR O)
_
Histic Epipedon (A2) —
Thin Dark Surface (S9) (LRR S T U) _
2 cm Muck (A10) (LRR S)
_
Black Histic (A3) _
Loamy Mucky Mineral (F1) (LRR O) _
Reduced Vertic (F18) (outside MLRA 150A B)
_
Hydrogen Sulfide (A4) _
Loamy Gleyed Matrix (F2) _
Piedmont Floodplam Soils (F19) (LRR P S T)
Stratified Layers (A5) —
Depleted Matrix (F3) _
Anomalous Bright Loamy Soils (F20)
_
Organic Bodies (A6) (LRR P T U) _
Redox Dark Surface (F6)
(MLRA 15313)
_
5 cm Mucky Mineral (A7) (LRR P T U) ,
Depleted Dark Surface (F7) _
Red Parent Material (TF2)
_
Muck Presence (A8) (LRR U)
_ Redox Depressions (F8) _
Very Shallow Dark Surface (TF12) (LRR T U)
_
1 cm Muck (A9) (LRR P T)
_ Marl (F10) (LRR U) _
Other (Explain in Remarks)
_
Depleted Below Dark Surface (A11)
_ Depleted Ochnc (F11) (MLRA 151)
_
Thick Dark Surface (Al2)
_ Iron Manganese Masses (F12) (LRR 0 P T)
'Indicators of hydrophytic vegetation and
_
Coast Prairie Redox (A16) (MLRA 150A)
_ Umbnc Surface (F13) (LRR P T U)
wetland hydrology must be present
_
Sandy Mucky Mineral (S1) (LRR 0 S)
_ Delta Ochnc (F17) (MLRA 151)
unless disturbed or problematic
_
Sandy Gleyed Matrix (S4)
_ Reduced Vertic (F18) (MLRA 150A 1506)
_
Sandy Redox (S5)
_ Piedmont Floodplam Soils (F19) (MLRA 149A)
_
_ Stripped Matrix (S6)
_ Anomalous Bright Loamy Soils (F20) (MLRA 149A 153C 153D)
X Dark Surface (S7) (LRR P S T U)
Restrictive Layer (if observed)
Type weakly cemented spodlc
Depth (inches) 16
Hydnc Soil Present? Yes X No
Soil has been disturbed by placement of fill material and possible scraping of the soil surface This area appears to
only have - 2 inches of fill
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Interim Version

WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region
Project/Site y y Sea Wynde Plantation Cit /Count Supply I Brunswick Sampling Date 4/13/10
Applicant/Owner
Tim Sullivan The Gateway Bank & Trust Co State NC Sampling Point Wetland
Investigator(s) Corey Novak/Donnie Beale LMG Section Township Range
Landform (hilislope terrace etc) pocosin Local relief (concave convex none) convex Slope (/) 01%
Subregion (LRR or MLRA) LRR T Lat 33 988744 Long 78 324066 Datum NAD 83
Sod Map Unit Name
Lo Leon fine sand NWI classification freshH2O forested
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no explain in Remarks )
Are Vegetation Sod or Hydrology significantly disturbed? Are Normal Circumstances present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed explain any answers in Remarks )
ci IURIIAPV nF FINnlH( .R — Attach site map showinq sampling point locations transacts important features etc
Hydrophytic Vegetation Present? Yes X No is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
uvnont nr:v
Wetland Hydrology Indicators
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is reouired check all that apply)
_ Surface Soil Cracks (66)
Surface Water (Al) _
Water Stained Leaves (69)
_ Sparsely Vegetated Concave Surface (B8)
_
X High Water Table (A2) _
Aquatic Fauna (613)
_ Drainage Patterns (B10)
X Saturation (A3) _
Marl Deposits (1315) (LRR U)
— Moss Trim Lines (1316)
Water Marks (61) _
Hydrogen Sulfide Odor (C1)
_ Dry Season Water Table (C2)
_
Sediment Deposits (62) _
Oxidized Rhizospheres on Living Roots (C3)
_ Crayfish Burrows (C8)
_
Drift Deposits (63) _
Presence of Reduced Iron (C4)
Saturation Visible on Aerial Imagery (C9)
_
Algal Mat or Crust (64) _
Recent Iron Reduction in Tilled Soils (C6)
X Geomorphic Position (D2)
_
Iron Deposits (135) _
Thin Muck Surface (C7)
_ Shallow Aquitard (D3)
_
_ Inundation Visible on Aerial Imagery (137)
Other (Explain in Remarks)
X FAC Neutral Test (D5)
Field Observations
Surface Water Present? Yes No X
Depth (inches)
Water Table Present? Yes X No
Depth (inches) 12
X
Saturation Present? Yes X No
Depth (inches) 12 Wetland
Hydrology Present? Yes No
(includes capillary fringe)
Describe Recorded Data (stream gauge monitoring
well aerial photos previous inspections) if available
Remarks
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Interim Version

VEGETATION — Use scientific names of plants
Tree Stratum (Plot size 30 radius
1 none
2
3
4
5
6
7
Sapling Stratum (Plot size 30 radius )
1 Pinus taeda
2
3
4
5
6
7
Shrub Stratum (Plot size 30 radius
1
Gordonla laslanthus
2
Cyrllla racemiflora
3
Lyonia lucida
4
Ilex glabra
5
That Are OBL FACW or FAC 6
6
(A)
7
Total Number of Dominant
Herb Stratum (Plot size 30 radius )
1 Lyonia luclda
2 Ilex glabra
3
I4
5
6
7
8
9
10
11
12
Woody Vine Stratum (Plot size 30 radius )
1 Smilax launfoha
2
3
4
5
I Remarks (If observed list morphological adaptations
Sampling Point Wetland
Absolute Dominant Indicator D
Dominance Test worksheet
/ Cover Species? Status N
Number of Dominant Species
That Are OBL FACW or FAC 6
6 (
(A)
Total Number of Dominant
Species Across All Strata 6
6 (
(B)
Percent of Dominant Species
That Are OBL FACW or FAC 1
100 (
(A/B)
Prevalence Index worksheet
Total / Cover of M
Multiply bV
=Total Cover T
OBL species x
x 1 =
5 Y Fac F
FACW species x
x2=
F
FAC species x
x3=
F
FACU species x
x4=
U
UPL species x
x5=
C
Column Totals (
(A) (
(B)
al-rice Ipd -r - B/A =
Hydrophytic Vegetation Indicators
5 = Total Cover X Dominance Test is >50 /
5 N FacW _ Prevalence Index is s3 0'
2 N FACW Problematic Hydrophytic Vegetation' (Explain)
50 Y FacW
40 Y FACW 'Indicators of hydric soil and wetland hydrology must
be present unless disturbed or problematic
Definitions of Vegetation Strata
Tree - Woody plants excluding woody vines
97 = Total Cover approximately 20 ft (6 m) or more in height and 3 in
(7 6 cm) or larger in diameter at breast height (DBH)
30 Y FacW
25 Y FacW Sapling - Woody plants excluding woody vines
approximately 20 ft (6 m) or more in height and less
than 3 in (7 6 cm) DBH
Shrub - Woody plants excluding woody vines
approximately 3 to 2D ft (1 to 6 m) in height
Herb - All herbaceous (non woody) plants including
herbaceous vines regardless of size Includes woody
plants except woody vines less than approximately
3 ft (1 m) in height
Woody vine - All woody vines regardless of height
55 = Total Cover
3 Y FacW
Hydrophytic
Vegetation
-3= Total Cover Present? Yes X No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
55 = Total Cover
3 Y FacW
Hydrophytic
Vegetation
-3= Total Cover Present? Yes X No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version

SOIL
Sampling Point Wetland
Profile Description (Describe to the depth needed to document the indicator or confirm the absence of indicators )
Depth Matrix Redox Features
(inches) Color (moist) / Color (moist) / Type Loc Texture Remarks
0 12 10YR 211 MFS
12 >18 10YR 3/1
FS
Type C= Concentration D =De letion RM= Reduced Matrix CS= Covered or Coated Sand Grains
2Location PL =Pore Lining M =Matrix
Hydric Sod Indicators
Indicators for Problematic Hydric Salsa
_ Histosol (Al)
_ Polyvalue Below Surface (S8) (LRR S T U) _,
1 cm Muck (A9) (LRR O)
Histic Epipedon (A2)
_ Thin Dark Surface (S9) (LRR S T U) _
2 cm Muck (A10) (LRR S)
Black Histic (A3)
_ Loamy Mucky Mineral (F1) (LRR O) _
Reduced Vertic (F18) (outside MLRA 150A B)
Hydrogen Sulfide (A4)
_ Loamy Gleyed Matrix (F2) _
Piedmont Floodplain Soils (F19) (LRR P $ T)
_ Stratified Layers (A5)
_ Depleted Matrix (F3) ^
Anomalous Bnqht Loamy Sods (F20)
_ Organic Bodies (A6) (LRR P T U)
_ Redox Dark Surface (F6)
(MLRA 1538)
X 5 cm Mucky Mineral (A7) (LRR P T U)
_ Depleted Dark Surface (F7) _
Red Parent Material (TF2)
_ Muck Presence (A8) (LRR U)
_ Redox Depressions (F8) _
Very Shallow Dark Surface (TF12) (LRR T U)
1 cm Muck (A9) (LRR P T)
_ Mari (F10) (LRR U) _
Other (Explain in Remarks)
Depleted Below Dark Surface (A11)
_ Depleted Ochric (F11) (MLRA 151)
_ Thick Dark Surface (Al2)
_ Iron Manganese Masses (F12) (LRR O P T)
'Indicators of hydrophytic vegetation and
_ Coast Prairie Redox (A16) (MLRA 150A)
_ Umbnc Surface (F13) (LRR P T U)
wetland hydrology must be present
_ Sandy Mucky Mineral (S1) (LRR 0 S)
_ Delta Ochnc (F17) (MLRA 151)
unless disturbed or problematic
Sandy Gleyed Matrix (S4)
_ Reduced Vertic (F18) (MLRA 150A 1508)
Sandy Redox (S5)
_ Piedmont Floodplain Soils (F19) (MLRA 149A)
_ Stripped Matrix (S6)
_ Anomalous Bright Loamy Soils (F20) (MLRA 149A 153C 153D)
X Dark Surface (S7) (LRR P S T U)
Type
Depth (inches)
Hydric Sod Present? Yes X No
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Interim Version

WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region
Pro /ect /Site Sea Wynde Plantation City /County Supply / Brunswick Sampling Date 4/13/10
Applicant/Owner Tim Sullivan The Gateway Bank & Trust Co State NC Sampling Point Up South
Investigators) Corey Novak/Donnie Beale LMG Section Township Range
pine flat Local relief concave convex none) none Slope (/) 0 1%
Landform (hilislope terrace etc) (
Subregion (LRR or MLRA) LRR T Lat 33 986586 Long 78 323154 Datum NAD 83
Soil Map Unit Name Lo Leon fine sand NWI classification freshH2O forested
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no explain in Remarks )
Are Vegetation Soil or Hydrology significantly disturbed? Are Normal Circumstances present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed explain any answers in Remarks )
SUMMARY OF FINDINGS — Attach site map showing sampling point locations transects important features etc
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks
shown as Palustrine Freshwater Forested on NWI Map
HYr)Rnl nC.Y
Wetland Hydrology Indicators
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required check all that apply)
_ Surface Soil Cracks (66)
_ Surface Water (Al)
_ Water Stained Leaves (139)
_ Sparsely Vegetated Concave Surface (68)
_ High Water Table (A2)
_ Aquatic Fauna (1313)
_ Drainage Patterns (B10)
_ Saturation (A3)
_ Marl Deposits (615) (LRR U)
_ Moss Trim Lines (616)
_ Water Marks (61)
_ Hydrogen Sulfide Odor (C1)
_ Dry Season Water Table (C2)
_ Sediment Deposits (62)
_ Oxidized Rhizospheres on Living Roots (C3)
_ Crayfish Burrows (C8)
_ Drift Deposits (63)
_ Presence of Reduced Iron (C4)
_ Saturation Visible on Aerial Imagery (C9)
_ Algal Mat or Crust (134)
_ Recent Iron Reduction in Tilled Soils (C6)
_ Geomorphic Position (D2)
_ Iron Deposits (135)
_ Thin Muck Surface (C7)
_ Shallow Aquitard (D3)
Inundation Visible on Aerial Imagery (137)
Other (Explain in Remarks)
_ FAC Neutral Test (D5)
Field Observations
Surface Water Present? Yes No
X Depth (inches)
Water Table Present? Yes No
X Depth (inches) X27
Saturation Present? Yes No
X Depth (inches) >27
Wetland
Hydrology Present? Yes No X
includes capillary fringe)
Describe Recorded Data (stream gauge monitoring well aerial photos previous inspections) if available
Remarks
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Interim Version

X/;=M=TATIr)M - I IqP gcientific names of Dlants
Sampling Point South Up
Remarks (If observed list morphological adaptations below)
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
Absolute
Dominant Indicator
Dominance Test worksheet
Tree Stratum (Plot size 30 radius )
/ Cover Species
Status
Number of Dominant Species
1
Plnus palustrls
15
Y
FacU
That Are OBL FACW or FAC (A)
2
Plnus taeda
10
Y
Fac
Total Number of Dominant
3
Acer rubrum
5
N
Fac
Species Across All Strata 8 (B)
4
Percent of Dominant Species
88
5
That Are OBL FACW or FAC (A/B)
6
revalence Index worksheet
7
30
Total /Cover of Multiply by
Sapling
Stratum (Plot size 30 radius )
= Total Cover
BL species x 1 =
[FACW
1
Plnus taeda
5
Y
Fac
species x 2=
2
Acer rubrum
5
Y
Fac
AC species x3=
3
FACU species x4=
UPL species x5=
4
Column Totals (A) (B)
5
6
Prevalence Index = B/A -
7
Hydrophytic Vegetation Indicators
30 radius
10
= Total Cover
X Dominance Test is >50 /
—
Shrub Stratum (Plot size )
Gordonia laslanthus
15
Y
FacW
— Prevalence Index is <3 0'
1
Symplocos tlnctona
30
Y
Fac
— Problematic Hydrophytic Vegetation' (Explain)
2
3
Lyonla luclda
10
N
FacW
Vacclnlum corymbosum
5
N
FacW
'Indicators of hydnc sod and wetland hydrology must
4
2
N
Fac
be present unless disturbed or problematic
5
Quercus nlgra
Definitions of Vegetation Strata
6 Llquidambar styraclflua 2 N Fac
7
Tree - Woody plants excluding woody vines
64
= Total Cover
approximately 20 ft (6 m) or more in height and 3 in
Herb Stratum (Plot size 30 radius )
(7 6 cm) or larger in diameter at breast height (DBH)
1
Lyonla luclda
30
Y
FacW
Sapling -Woody plants excluding woody vines
2
Ilex qlabra
20
Y
FacW
approximately 20 ft (6 m) or more in height and less
3
Plnus palustrls
5
N
FaW
than 3 in (7 6 cm) DBH
4
Pterldlum aqulllnum
2
N
FaW
Shrub - Woody plants excluding woody vines
5
Junlperus vlrglnlana
2
N
FacU
approximately 3 to 20 ft (1 to 6 m) in height
6
Herb - All herbaceous (non woody) plants including
7
herbaceous vines regardless of size Includes woody
plants except woody vines less than approximately
$
3 ft (1 m) in height
9
Woody vine - All woody vines regardless of height
10
11
12
59
= Total Cover
Woody
Vine Stratum (Plot size 30 radius )
1 none
2
3
4
Hydrophytic
5
Vegetation
X
= Total Cover
Present? Yes No
Remarks (If observed list morphological adaptations below)
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version

.ten
Sampling Point South Up
vProfile Description (Describe to the depth needed to document the indicator or confirm the absence of indicators )
Depth Matrix Redox Features
inches Color (moist) / Color (moist) / Type Loc Texture Remarks
0 7 10YR 3/1 FS
7 >27 10YR 6/6 FS
Type C= Concentration D =De letion RM= Reduced Matrix CS= Covered or Coated Sand Grains ZLocation PL =Pore Lining M =Matrix
Indicators
for Problematic Hydnc Sods'
Hydnc Soil Indicators
Histosol (Al) _
Polyvalue Below Surface (S8) (LRR S T U) _
1 cm Muck (A9) (LRR O)
_
_ Histic Epipedon (A2) _
Thin Dark Surface (S9) (LRR S T U) _
2 cm Muck (A10) (LRR S)
Reduced Vertic (F18) (outside MLRA 150A B)
_ Black Histic (A3) _
Loamy Mucky Mineral (F1) (LRR O) _
Loamy Gleyed Matrix (F2) _
Piedmont Floodplam Soils (F19) (LRR P S T)
_ Hydrogen Sulfide (A4) —
Stratified Layers (A5)
_ Depleted Matrix (F3) ^
Anomalous Bright Loamy Sods (F20)
_
_ Organic Bodies (A6) (LRR P T U)
_ Redox Dark Surface (F6)
(MLRA 1536)
Red Parent Material (TF2)
_ 5 cm Mucky Mineral (A7) (LRR P T U)
_ Depleted Dark Surface (F7) _„
Very Shallow Dark Surface (TF12) (LRR T U)
_ Muck Presence (A8) (LRR U)
_ Redox Depressions (F8) _
Other (Explain in Remarks)
1 cm Muck (A9) (LRR P T)
_ Marl (F10) (LRR U) _
_
_ Depleted Below Dark Surface (A11)
_ Depleted Ochnc (F11) (MLRA 151)
Iron Manganese Masses (F12) (LRR 0 P T)
3Indicators of hydrophytic vegetation and
_ Thick Dark Surface (Al2)
Coast Prairie Redox (A16) (MLRA 150A)
_
_ Umbnc Surface (F13) (LRR P T U)
wetland hydrology must be present
_
Sandy Mucky Mineral (S1) (LRR O S)
_ Delta Ochnc (F17) (MLRA 151)
unless disturbed or problematic
_
Sandy Gleyed Matrix (S4)
_ Reduced Vertic (F18) (MLRA 150A 1508)
_
Sandy Redox (S5)
_ Piedmont Floodplain Sods (F19) (MLRA 149A)
_
_ Stripped Matrix (S6)
_ Anomalous Bright Loamy Soils (F20) (MLRA 149A 153C 153D)
_ Dark Surface (S7) (LRR P S T U)
Restrictive Layer ( +f observed)
Type
Depth (inches)
Hydnc
Sod Presents Yes No X
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Interim Version

APPENDIX B
PHASE III SURVEY PLAT

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APPENDIX C
CONFIRMATION OF CREDITS AVAILABLE FROM STONE FARM
MITIGATION BANK

VGA U I I I I I :d LaUd.IIC t,u Puiauu
LaDane Corporation
11 Cauq -Aa) Dr
Ocean isle Beach NC 28469
910 579 7300 -
910 J79- 8995(fax)
facsinule transmittal
To Corev Noval, Fax
From Paula Buis
Fie, StoneTann Credit
4�2 -0060
Date 10 /1/10
Pages 2(mcluding transmittal)
r

,Jul U I I U I I I Ld LdUdIIC lrUI PU CWUI I
Pale 1 of 1
Paula Burs
From Paula Bui. <pbuis@ladane com>
To <cno � k @lmgroup net>
Sent Friday October 01 2010 11 11 AM
Subject Stone Farm Mitigation Bank Credit for Seawynde Plantation
The price ror 3 nonrnenre wetland credh will be 14 811 30 A 1D/ deposit ($1 491 13) Is required to
reserve the credit These credi s are mailable from the Stone Fa m Mitigation Bank
Thark you
Paula Buis
10/1/2010

UNITED STATES ENVIRONMENTAL PRCTECTOON AGENCY 2 0 2
yW REGION 4 1 0 0 2 5
o ATLANTA FEDERAL CENTER
'N 011 61 FORSYTH STREET
�yfg4 PRO'i ATLANTA GEORGIA 30303 8 960
NOV 1820181
CERTIFIED MAIL 7010 1060 0002 1706 7303
RETURN RECEIPT REQUESTED
Mr Paul Driscoll
Gateway Bank & Trust Co
999 Waterside Drive Suite 200
Norfolk Virginia 23510
Re Administrative Consent Agreement and Compliance Order
Docket No CWA 04 2011 5755
Dear Mr Driscoll
Enclosed please find an executed copy of the above referenced Administrative Consent Agreement
Compliance Order (CACO) Docket No CWA 04 2011 5755 The U S Environmental Protection
Agency, Region 4 has retained the original copy for our enforcement files
Thank you for your cooperation in this matter If you have any questions regarding this CACO please
contact Mr Joel Strange at (404) 562 -9455 or via email at strange toel@epa gov
Sincerely,
mes D Giattina
Director
Water Protection Division
Enclosure
cc U S Army Corps of Engineers, Wilmington District
Internet Address (URL) http//www9pagoV
Recycled/Recyclable Pnnted with Vegetable 01) Based Inks on Recycled Paper (Minimum 30 / Postconsumer)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
IN THE MATTER OF
Gateway Bank & Trust Co, a division )
of the Bank of Hampton Roads, )
successor in interest via merger to )
Gateway Bank & Trust Co )
RESPONDENT )
REGION 4 11 12
ADMINISTRATIVE
CONSENT AGREEMENT
Docket No CWA -04 -2011 -5755
I Statutory Authority
1 Section 309(a) of the Clean Water Act ( CWA ) 33 U S C § 1319(a), provides that
whenever the U S Environmental Protection Agency finds that any person is in violation of any condition
or limitation which implements inter alia Sections 301 and 404 of the CWA 33 U S C §§ 1311 and
1344, the EPA may issue an order requiring such person to comply with such condition or limitation and
shall specify a time for compliance that the EPA determines to be reasonable
2 The following Findings of Fact and Determinations of Law are made and Consent
Agreement and Compliance Order ( CACO ) is issued pursuant to the authority vested in the EPA by
Section 309(a) of the CWA 33 U S C § 1319(a) as amended The authority to issue this CACO has been
delegated from the Administrator of the EPA to the Regional Administrator of the EPA, Region 4 The
Regional Administrator has further delegated this authority to the Director of the Water Protection
Division of the EPA Region 4
H Findings of Fact and Determinations of Laws
Upon consent of the parties and their authorized officials the parties stipulate and the Director
finds
3 This CACO pertains to the deposition of dredged and/or fill material into navigable waters
on property adjacent to Ocean Highway and Cumbee Road SW near the Town of Shallotte, Brunswick
County, North Carolina (the Site ) The impacts occurred in approximately 15 acres of freshwater
wetlands adjacent to Sharron Creek near latitude 33 °59 33 N and longitude 78 °19 35 W ( Discharge
Area ) (see Exhibits A and B)
4 Adam Lisk is an individual, and Cumbee Road Partners, LLC the owner of the Site until
February 11 2011 is a company duly organized under the laws of the State of North Carolina
(collectively referred to as ` Cumbee ) and, as such are persons within the definition set forth under
Section 502(5) of the CWA 33 U S C § 1362(5)

5 Gateway Bank & Trust Co a division of the Bank of Hampton Roads, successor in
interest via merger to Gateway Bank & Trust Co ( Gateway ) is a banking corporation duly organized
under the laws of the Commonwealth of Virginia and as such, is a person within the definition set forth
under Section 502(5) of the CWA 33 U S C § 1362(5)
Cumbee defaulted on its mortgage for the Site that contained the Discharge Area
7 Gateway as a mortgage holder assumed ownership of the Site including the Discharge
Area on or about July 11 2011
8 Section 301(a) of the CWA 33 U S C § 1311(a) prohibits the discharge of pollutants by
any person into waters of the United States except in compliance with a permit issued under inter alia
Section 404 of the CWA 33 U S C § 1344
9 Commencing on or about March 2008 until development activities were abandoned in
approximately 2009 Cumbee and/or those acting on its behalf, discharged dredged and /or fill material
into the Discharge Area on the Site using earth moving machinery in connection with the construction of
a mixed use development
10 At no time during its discharge of pollutants at the Discharge Area did Cumbee possess a
permit under Section 404 of the CWA 33 U S C § 1344 authorizing the activities
I 1 The unauthorized activities at the Site by Cumbee and /or those acting on its behalf
impacted approximately six acres of freshwater wetlands at the Discharge Area The wetlands are
adjacent to Sharron Creek a perennial tributary of the Shallotte River a traditionally navigable water
12 Cumbee abandoned its development activities at the Site in approximately 2009 and has
not taken any steps to restore the Discharge Area No further development activities have occurred at the
Site since approximately 2009
13 Dredged and /or fill material including the earthen material deposited into the Discharge
Area are pollutants as defined under Section 502(6) of the CWA 33 U S C § 1362(6)
14 The earth moving machinery used to deposit the dredged and /or fill material into the
Discharge Area are point sources as defined under Section X02(14) of the CWA 33 U S C
§ 1362(14)
15 A discharge of a pollutant 'as defined at Section 502(12)(A) of the CWA 3' ) U S C
§ 1362(12)(A) is any addition of any pollutant to navigable waters from any point source
16 The placement of the dredged and /or fill material into the Discharge Area constitutes a
discharge of pollutants as defined under Section 502(12) of the CWA 33 U S C § 1362(12)
17 The term navigable waters as defined in Section 502(7) of the CWA 33 U S C
§ 1362(7) means the waters of the United States including the territorial seas
18 40 C F R § 232 2 defines the term waters of the United States to include wetlands
2

19 40 C F R § 232 2 and 33 C F R § 328 3(b) define wetlands as' [t]hose areas that are
inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions '
20 The Discharge Area includes "navigable waters' as that term is defined in Section 502(7)
of the CWA, 33 U S C § 1362(7)
21 Each discharge of pollutants into navigable waters without the required permit issued
under Section 404 of the CWA 33 U S C § 1344, is a violation of Section 301(a) of the CWA, 33 U S C
§ 1311(a)
22 Each day the unauthorized dredged and/or fill material remains in navigable waters without
the required permit under Section 404 of the CWA, 33 U S C § 1344, constitutes a day of violation of
Section 301 of the CWA, 33 U S C § 1311
III Consent Agreement
Based on the foregoing Fmdmgs of Fact and Deternunations of Law, and having taken into
account the nature, circumstances extent, and gravity of the violation and under the authority of Section
309(a) of the CWA, (33 U S C §1319(a)), THE DIRECTOR AND GATEWAY HEREBY CONSENT
TO THE PROVISIONS BELOW
23 This CACO shall apply to and be binding upon Gateway and its agents, servants,
employees, successors and assigns
24 Gateway agrees to the following
a Within seven (7) days of the effective date of this CACO, Gateway shall
apply to the U S Army Corps of Engineers ( COE' ) for coverage under Nationwide Permit
32 consistent with the requirements of Nationwide Permit 32 authorizing the activities
described in the Restoration Plan (Attachment A) Upon receipt of the COE's verification
letter granting coverage under Nationwide Permit 32 including a specified completion date
Gateway shall provide a copy to the EPA
b Upon receipt of the COE verification letter, and pursuant to the terms and
conditions of Nationwide Permit 32 and this CACO, Gateway shall implement the
mitigation credit purchase as described in the Restoration Plan Within thirty (30) days of
completion, Gateway shall provide proof of such mitigation credit purchase to the EPA
c Within thirty (30) days of the effective date of this CACO, Gateway shall
notify the EPA of the anticipated construction start date for restoration in accordance with
the Restoration Plan Restoration must be completed within six (6) months of the effective
date of this CACO

d Within seven (7) months of the effective date of this CACO, Gateway shall
submit a written statement of completion to the EPA and schedule an inspection of the
restored Discharge Area with either the EPA or the COE
e Gateway shall subsequently monitor the wetland recovery in Phase I and
Phase III at the Site in accordance with the terms of the Restoration Plan, and each
inspection report required to be prepared by the Restoration Plan shall be submitted to the
EPA and COE within thirty (30) days of each inspection Each inspection report submitted
by Gateway or its consultant shall include the date of inspection color photographs from
the same locations a count of the number of plantings that survived and the number of
plants replaced (if any) to reach the 75% survival rate
25 All documentation required to be submitted by this CACO shall be mailed to the following
address
Mr Joel Strange
Wetlands Enforcement Section
Clean Water Enforcement Branch
U S Environmental Protection Agency, Region 4
Atlanta federal Center
61 Forsyth Street SW
Atlanta, Georgia 30303
IV General Provisions
26 If ownership of the Site and /or Discharge Area is transferred Gateway may assign to the
new owner any remaining post - restoration obligations contained in paragraph 24(e) of the CACO and in
the Restoration Plan regarding monitoring the wetland recovery reporting, and demonstrating that the
required success criteria have been met or developing and implementing a contingency plan The new
owner s written acknowledgement must be provided to the EPA within five (5) business days of the
transfer of ownership Upon the new owner s written acknowledgement and acceptance of such
assignment of obligations under this CACO, Gateway shall have no further responsibility for completion
of the assigned obligations However Gateway may not assign either (i) its obligation to complete the
restoration work which in accordance with paragraph 24(c) of the CACO must be completed within six
(6) months of the effective date of this CACO or (ii) its mitigation requirements set forth in the
Restoration Plan for the dredged and fill material to be left in place in Phase I of the Site
27 Gateway s compliance with the attached Restoration Plan shall constitute all steps that the
EPA shall require of Gateway and any successor Site owner with respect to the unauthorized discharge
at the Discharge Area by Cumbee and /or those acting on its behalf This CACO does not constitute a
waiver, suspension or modification of the terms and conditions of the CWA or its implementing
regulations Issuance of or compliance with this CACO does not exempt Gateway from any other
applicable requirements of the CWA its implementing regulations and any legal order issued under the
CWA or its regulations regarding the Site This CACO is not and shall not be construed to be a permit
under the CWA or its implementing regulations

28 Failure by Gateway to comply with the terms of this CACO may subject Gateway to
further enforcement action as appropriate for such noncompliance
29 This CACO shall become effective upon Gateway s receipt of the executed CACO
AGREED TO BY GATEWAY BANK & TRUST CO
Date Signed Zo l 1
Pft4 rrsczf Sr Vice President
V qv\qdk 150WL0.5
AGREED TO BY THE U S ENVIRONMENTAL PROTECTION AGENCY, REGION 4
Date of Execution A /?
Jame Gia ina Director
Wato Protection Division
1 10916

D 950 1900 3 800 Feet
at"
mm
Mll

Wetland Restoration Plan

Wetland Restoration Plan
Sea Wynde Plantation
Shallotte, NC
Brunswick County
I Introduction
On September 18, 2008 a site visit was conducted at the Sea Wynde Plantation property located in
Shallotte N C (the Property) by Ms Jennifer Frye and Ms Kimberly Garvey of the US Army Corps
of Engineers (COE) A subsequent letter from the COE staff stated that unpermitted activities had
occurred in potential Section 404 wetlands adjacent to Sharron Creek a tributary to the Shallotte
River (Figures 1-3) These actions include mechanized land clearing and placement of fill material
associated with infrastructure installation in Phase I (Figure 7) In addition, Ms Frye and Ms
Garvey documented recent land disturbing activities in Phase III (Figure 8), including mechanized
land clearing utility installation, and construction of a pond which resulted in significant discharge
of fill material into Section 404 wetlands No Section 404 violations in Phase tl were noted at the
time A formal letter from the COE to the property owner, Mr Adam Lisk of Cumbee Road
Partners LLC describing the violations of Section 301 of the Clean Water Act was issued on
September 23 2008 The federal Environmental Protection Agency (EPA) has since assumed
primary enforcement responsibility for this matter The responsible party and current property
owner, Cumbee Road Partners LLC has not acted to address any of the wetlands violations
identified by EPA and the COE and has essentially abandoned the project
The Gateway Bank & Trust Company a division of the Bank of Hampton Roads ( Gateway Bank")
which is the lead bank for a group of lenders to Cumbee Road Partners LLC that hold a Deed of
Trust to the Property has initiated foreclosure proceedings However, prior to continuing the
foreclosure process, Gateway Bank is seeking to reach agreement with EPA and the COE
concerning the extent of restoration activity required to be performed by Gateway Bank (or other
prospective purchaser of the property) to ensure resolution of all existing wetlands related
violations relative to a future property owner Accordingly Gateway Bank retained Land
Management Group Inc (LMG) to conduct an impact site assessment delineate wetlands assist
in the preparation of the necessary restoration plan and help to resolve regulatory compliance
Issues
Phase I of Sea Wynde is associated with a valid Jurisdictional Determination (Action Id
200500883 expiring 101712010) This Jurisdictional Determination was signed by the COE
approximately two years before Mr task and partners acquired the tract LMG performed the
wetland delineation in 2005 for Mr Al Larson former owner of the tract To determine the amount
of unauthorized wetland impacts in Phase I LMG contracted Mr Bobby Long PLS to reestablish
the wetland flags in the areas that appeared to be impacted by construction activities Mr Long
had originally surveyed the wetland flags in 2005 In addition the wetlands survey conducted by
Mr Long was overlaid on a 2006 aerial photograph to assist in the determination of which wetland
areas were impacted

LMG conducted field investigations on April 7 8 and 13 2010 delineating existing wetlands and
the extent of land disturbance in Phase IIi A copy of the wetland data package that was sent to
the COE to request -a Jurisdictional Determination is included in Appendix A Delineations were
based on the 1987 Wetland Delineation Manual and 2008 Interim Regional Supplement to the
Corps of Engineers Wetland Delineation Manual Atlantic and Gulf Coastal Plain Region, published
by the COE which utilizes the 3 parameters of hydrrc sods hydrology and vegetation to define the
limits of jurisdictional areas Locations of Section 464 wetlands and disturbed areas were
approximated using handheld GPS egwpment, and a sketch was prepared LMG had previously
delineated wetlands in Phase III for Mr Lisk in 2006 along with other firms although these
delineations were never verified by the COE
Following these investigations, LMG met on site with Ms Jennifer Frye of the COE and Mr Chad
Coburn of the NC Division of Water Quality on May 6 2010 In Phase I the review of impacted
wetland areas was aided by wooden stakes marking the original COE venfied wetland flags
courtesy of Mr Long At the meeting Ms Frye pointed out specific areas where wetlands had
been disturbed Following the meeting LMG calculated that 0 36 acres of wetlands were disturbed
in Phase I (Figure 7) In Phase III numerous soil pits and bonngs were inspected to confirm the
recent delineation conducted by LMG After Ms Frye made minor adjustments to the wetland
delineation boundaries the total area of potential wetlands disturbed in Phase III (Figure 8) by
mostly mechanized land clearing activities was surveyed by Mr Bobby Long and confirmed to be
5 61 acres
The following report identifies proposed restoration activities to be conducted by Gateway Bank to
remediate Cumbee Road Partners LLC s unauthorized disturbances to wetlands on the site in the
event Gateway Bank proceeds with foreclosure and acquires title to the Property
Site Description
The site is located at the intersection of Cumbee Road and US Hwy 17 in Brunswick County, NC
(Figure 1) According to Brunswick County tax parcel records the Property was recently annexed
by the Town of Shallotte The center of the site is located at Longitude - 78206980 Wand Latitude
33 98866° N The majority of wetlands on the site are classified as pocosin and mineral pine flats
A review of MRCS soil maps for the area show only three soil mapping units throughout Phases I
and III (Figure 4) The wetlands on site are generally mapped as Leon fine sand The Leon series
consists of poorly drained sods that formed in coarse textured sediment. A typical pedon of Leon
fine sand exhibits a dark gray fine sandy surface layer followed by a dark brown to black layer of
weakly cemented fine sand Although Leon is included on the national list of hydnc soils many
areas of Brunswick County mapped as Leon sods lack the hydrology to be classified as
jurisdictional wetlands However some areas containing Leon soils do meet the hydrology
criterion, largely due to the retention of precipitation above weakly cemented shallow hardpan
(spodic) soil strata
Uplands on the site are mapped as Baymeade fine sand (both phases) and Mandarin fine sand
(Phase I only) These soil units are generally in higher elevations and are sandier and better
drained than Leon fine sands The Baymeade series consists of well drained sods that formed in
moderately coarse textured sediment A typical pedon includes a light gray fine sandy surface

followed by very pale brown fine sand The Mandarin series consists of somewhat poorly drained
soils that formed in coarse textured sediment Mandarin fine sand typically exhibits a shallow gray
sandy surface followed by an eluviated layer of white fine sand Below this layer lies a dark brown
to black layer of weakly cemented sandy spodic material Mandarin soils are often located on the
upland sand nms of Carolina bays
Vegetation in the disturbed areas has largely been removed by the mechanized land - cleanng
activities However, the vegetation in the undisturbed wetlands likely represents what existed in
the impacted wetlands prior to disturbance in the pocosin areas (most Phase I wetlands and the
eastern side of Phase 111), canopy species such as pond pine (Prnus serohna) and loblolly pine
(Prnus taeda) were found throughout the intact portions of the wetland system The understory
vegetation of these areas were characterized by laurel leaf greenbriar (Smilax launfolia) fetterbush
(Lyonra lucida) gallberry (Hex glabra) and tib (Cynila racemrflora) Going west in Phase III the
pocosin wetlands gradually transition into the mineral pine flats Although no undisturbed wetland
mineral pine flats remain on site, anecdotal observations from the 2006 delineation performed by
LMG recall similar vegetation to the pocosins except for the lack of pond pine and the replacement
of laurel leaf greenbnar with common greenbnar (Smilax rotundifolia) The subtle differences
between the true pocosin wetlands on site and the mineral pine flats likely represent subtle
elevation changes coupled with a reduction in soil organic matter decrease in duration of
saturation and silvicultural management of the loblolly pines
III Restoration Plan For Phase 1 and Phase III
A ditch was noted in a portion of an apparent wetland area in Phase 11 during the above - referenced
May 6 2010 on -site meeting, but it was determined to be of minor impact and that no restoration m
Phase 11 or mitigation would be required by Gateway Bank or other subsequent owner to
address prior impacts to any wetlands in Phase it Therefore this plan addresses restoration of
impacts to Phase I and Phase III of the property
Phase I
Phase I impacts largely consist of road crossings and associated fill material adjacent to the
constructed roads for road shoulders and utilities Removal of these roads would be
counterproductive to future land use of the tract Therefore, the roads should be left in place
pursuant to an after the -fact permit to be issued to Gateway Bank and the amount of impacts
associated with the road crossings will be mitigated at a 11 ratio with credits purchased from the
Stone Farm Mitigation Bank and all remaining wetlands in Phase 1 will be subject to a
Conservation Declaration The Stone Farm Mitigation Bank also located in Brunswick County
services the same watershed as the project area and has provided LMG with written confirmation
that credits are available (See attached confirmation) Based on calculations by LMG a total of
0 20 credits will need to be purchased to mitigate for 014 acres of impacts from roads left in place
Fifteen feet wide road shoulders will be left in place to accommodate a five feet wide concrete
sidewalk Any unpermitted existing road shoulders outside of this area will be removed and these
wetlands will be restored Initial work will focus on the removal of fill material Grading activities
will then be conducted to establish proper side slopes Prior to the initiation of any earth work
proper sediment and erosion control measures will be installed to ensure that turbidity and nutrient

pollution do not affect adjacent waterbodies during construction Although it is anticipated that with
the removal of the sandy nutrient poor fill material natural recolonization of the area from adjacent
seed bank sources will quickly revegetate the area with appropriate local species an appropriate
wetland seed mix also will be deployed in the area to facilitate recolonization Also based on
observations during the on site agency meeting and the nature of the spodic material inherent in
these soils, wetland hydrology will likely be restored naturally in a relatively short time frame
LMG will subsequently conduct visual monitoring of the wetland recovery in Phase I and will
provide the EPA and COE with a report of the status of the wetland recovery based on the restored
area s condition at least one year after completion of the restoration work Wetland hydrology will
be monitored via visual inspection of field indicators and best professional judgment as specified in
the 1987 Wetland Delineation Manual and 2008 Interim Regional Supplement to the Corps of
Engineers Wetland Delineation Manual Atlantic and Gulf Coastal Plain Region If LMG s report
does not reasonably demonstrate to the EPA and/or the COE that 75% or greater of the restored
area has endemic species present and wetland hydrology has been restored then LMG will submit
a follow up report to the EPA and COE annually until LMG has reasonably demonstrated to EPA
and /or the COE that 75% or greater of the restored area in Phase I has endemic species present
and that wetland hydrology has been restored If vegetative and /or hydrologic success criteria are
not expected to be met based on initial monitoring, then a contingency plan will be developed and
implemented to ensure that restoration of wetland functions will occur
Also as part of the mitigation plan all remaining wetlands in Phase 1 including those areas to be
restored will be placed under a Conservation Declaration given the existing impacts associated
with road crossings and that the Town of Shallotte has approved a site development plan for Phase
I informative signs will be posted to limit encroachment into the wetlands
Phase Ill
Phase III impacts appear to be a result of both excavation (mechanized scraping of the soil
surface) and fill activities On the eastern side of Phase III an earthen berm or spoil pile roughly
parallels the wetland line This berm appears to be the soil that was excavated from the soil
surface of the wetlands to the east of the berm Therefore the soil material constituting this berm
will be spread out over the wetlands to the east after all fill material is removed It is evident from
recent vegetative growth on the berm that this soil material contains a natural pocosin seed bank
Due to the presence of this seed bank it is anticipated that this area will quickly revegetate
naturally although an appropriate wetland seed mix also will be deployed Also due to the
properties of the incipient spodic layer of the Leon sal wetland hydrology should quickly return
without the need of man made hydrologic modifications Once hydrology returns the hydnc soil
properties should begin to reappear
West and north of the earthen berm there appears to be approximately 2 feet of fill material on
average in the wetlands Restoration activities will primarily involve the removal of this fill material
Once this fill material is removed any remaining sod material from the earthen berm will be spread
out on the soil surface to promote the recolonization of vegetation from the natural wetland seed
bank and an appropriate wetland seed mix also will be used Because hydrology will likely return
on its own no monitoring is proposed for any of the restoration areas at the Property

Also on the west side of the earthen berm several concrete utility pipes and associated holes and
ditches currently exist As pars of the restoration plan any pipes or other foreign impervious
materials in wetland areas will be removed The associated holes and ditches will be filled in as
the wetland is restored to its natural grade and elevation All stormwater catch basins in wetlands
will be restored back to grade
Near the southern property boundary Mr Lisk dug a linear shaped pond that roughly parallels the
boundary A small portion of this ,pond appears to have been excavated in wetlands and was not
authorized The portion of this pond that lies within the recently COE approved wetland boundary
will be filed in as part of the restoration plan Re- establishment of vegetation and hydrology will
follow the guidelines set forth in the previously described areas of the tract
All on site construction activities will be supervised by LMG staff to ensure that the restoration plan
is correctly applied and that propererosion control methods are observed LMG will subsequently
conduct visual monitoring of the wetland recovery in Phase III and will provide the EPA and COE
with a report of the status of the wetland recovery based on the restored area s condition at least
one year after completion of the restoration work. Wetland hydrology will be monitored via visual
inspection of field indicators and best professional judgment as specified in the 1987 Wetland
Delineation Manual and 2008 interim Regional Supplement to the Corps of Engineers Wetland
Delineation Manual Atlantic and Gulf Coastal Plain Region If LMG s report does not reasonably
demonstrate to the EPA and/or the COE that 75% or greater of the restored area has endemic
species present and wetland hydrology has been restored then LMG will submit a follow up report
to the EPA and COE annually until LMG has reasonably demonstrated to EPA and /or the COE that
75% or greater of the restored area in Phase III has endemic species present and that wetland
hydrology has been restored If vegetative and /or hydrologic success criteria are not expected to
be met based on initial monitoring then a contingency plan will be developed and implemented to
ensure that restoration of wetland functions will occur
Upon concurrence of this plan by the COE and Gateway Bank s acquisition of title to the Property
through the foreclosure process restoration activities will be initiated The COE will be notified of
completion of such activities to ensure that the area is adequately restored The following list
summarizes the wetland mitigation activities noted above
1) Phase I -- Remove soiUfiil down to natural grade over the 022 acre area to be restored
and put up new silt fence along edges of denuded site estimated to be 968 feet in length
It is anticipated that revegetation from adjoining undisturbed wetlands will colonize these
denuded /restored wetland areas although an appropriate wetland seed mix also will be
used
2) Phase III — Remove soil /fill that has been stockpiled on the 5 61 acres down to natural
grade and remove man made structures concrete pipe stone etc install new silt fence
where needed around perimeter of denuded areas and back fill depressions holes and
ditches as noted The amount of new silt fence required is estimated to be 3 584 feet in
length Spread top sal stnppings over denuded area and deploy an appropriate wetland
seed mix to assist in revegetation of disturbed areas
3) Prepare a wetland map for Phase I and describe the boundaries by metes and bound
descriptions for a Conservation Declaration that will apply to the remaining 18 72 wetland
acres in Phase 1

4) Purchase mitigation credits from an approved mitigation bank of 0 20 ages in order to
offset allowing the asphalt roadways and concrete curbing to remain and future installation
of sidewalk