20050813 Ver 4_More Info Received_20100907

August 17, 2010
05- 08x3 V V
ppl ied Keoource Management, P.C. `or, Dww )
NCDENR, Division Of Water Quality
Wilmington Regional Office
Attn: Joanne Steenhuis
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: USACE Request For Additional I
nformation For NW 29
Mimosa Bay Subdivision Phase 5
Sneads Ferry, Onslow County, North Carolina
USACE Action ID: 2005 00764
Dear Ms. Steenhuis,
The following items are enclosed for your review:
USACE Correspondence
ATTACHMENTS
Copy of your correspondence dated June 28, 2010
Updated PCN
Jurisdictional Determination Dated August 9, 2010
Draft Restrictive Covenants
SEP i 2010
DENR - WATER QUALITY
WETUINDS AND STORMWATER BRANCH
FIGURES
Figure 513 Revised Site Plan With Open Water Re-Location And Updated Lot
Numbering (adapted from Hanover Design Master Plan)
Figure 8 Wetland Disturbance Area 1 Profile View (Revised)
Figure 11 R Proposed 17 Acre Preservation Area
Figure 12R Proposed Built Upon Areas For Mimosa Bay Lots 316 and 312,
Phase 5
If you have any questions please do not hesitate to contact our office at [phone].
Sincerely,
Ellen F. Corvette, R.S.
Project Geologist
Enclosure
cc: Gordon Frieze, without enclosures
F. O. 500 '!3':
91C-270.29';
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August 11, 2010
US Army Corps of Engineers
Attn: Mr. Dave Bailey
Wilmington Field Office
69 Darlington Avenue
Wilmington, NC 28403
RE: Nationwide 29 Application Question Responses
Mimosa Bay Subdivision, Phase 5 M
Snead's Ferry, Onslow County, North Carolina
USACE Action ID: 2005 00764
Dear Mr. Bailey,
This correspondence addresses remarks and additional information requested in your
transmittal dated June 28, 2010.
The updated Jurisdictional Determination is enclosed. As per our discussion, the
designation of the Jurisdictional Non-RPW linear feature in the east/northeast
feature on the has been addressed on Figure 5R and in the updated PCN.
2. The culvert size for Wetland Disturbance Area #1 is 18" and is shown on the revised
Figure 8 enclosed.
3. The temporary utility wetland disturbance will no longer be required for this
application. Upon discussion with the current engineer on the project the utilities
have been directionally bored, and are in place. Therefore this impact will no longer
apply.
4. The subdivision map has been updated and a revised copy is enclosed as Figure
5R. Also, the-lots in question (Lots 333 and 337) are currently 316 and 312 and the
site plans proposed have been modified to allow for an approximate 10 foot setback
to the wetland line. These areas may accommodate a deck or porch structure and
not necessarily a foundation area. These are proposed house foot prints and actual
designs will have to take into consideration the wetlands on the site and all other
site planning considerations. Upon research for other lots within the subdivision
with wetland limitations, it was determined that there are many options that would
be accommodated by the limitations of this site. The actual house sites may even
maintain a larger setback to the wetlands than proposed on Figure 12R. _
August 11, 2010
5. Enclosed is the current draft restrictive covenants language and updated draft
preservation map. As shown on revised Figure 11 R, it is proposed to preserve the
interior portion of Phase 5. Also stated in Article V of the Restrictive covenants is
"All wetlands conveyed with individual lots shall remain in their natural state or
order. Wetlands on lots may not be filled or excavated; however, they may be
mowed and maintained by the individual lot owner for aesthetic purposes. This
Article may not be amended or modified without the express written consent of the
U. S. Army Corps of Engineers, Wilmington District." As shown on the revised
Figure 11 R, the preservation area has increased from five acres to 17± acres. We
would like to request an In Lieu of Fee mitigation ratio of 1:1. If this area proposed
is acceptable for the 1:1 ratio of mitigation, the area will be drafted and placed on
a survey containing a meets and bounds table.
The following items are enclosed for your review:
ATTACHMENTS
Copy of your correspondence dated June 28, 2010
Updated PCN
Jurisdictional Determination Dated August 9, 2010
Draft Restrictive Covenants
FIGURES
Figure 5R Revised Site Plan With Open Water Re-Location And Updated Lot
Numbering (adapted from Hanover Design Master Plan)
Figure 8 Wetland Disturbance Area 1 Profile View (Revised)
Figure 11 R Proposed 17 Acre Preservation Area
Figure 12R Proposed Built Upon Areas For Mimosa Bay Lots 316 and 312,
Phase 5
If you have any questions or need any additional information, please do not hesitate to
contact our office, at [phone], or contact me via email at [e-mail].
Sincerely,
Ellen F. Corvette, R.E.H.S.
Project Geologist
Enclosures
cc: Gordon Frieze, with enclosures
Jon Wayne, Hanover Design Services, P.A., with enclosures
2
ATTACHMENTS
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id.: 2005 00764 County: Onslow
INCOMPLETE APPLICATION
Property Owner: Blue Marlin, LLC Agent:
attn: Gordon Frieze
Address: P.O. Box 1328 Address:
Wrightsville Beach. NC 28480
U.S.G.S. Quad: Sneads Ferry
Applied Resource Management, PC
attn: Ellen Cornette
P.O. Box 882
Hampstead, NC 28443
Location/Description of Proposed Activity: The --115 acre tract is located along the south side of Old Folkstone
Road, approximately 1.25 miles east of its intersection with NC 210, in Sneads Ferry, Onslow County. The
applicant has submitted a Preconstruction Notification Application (PCN) for impacts to 0.2027 acres of
Waters of the US for the purpose of constructing the infrastructure for a residential subdivision known as
Mimosa Bay, phase 5.
Type of Permit Applied For (check one): IP () NWP (X) GP ( )
Applicable law: Section 404 of the Clean Water Act ( X ); Section 10, Rivers and Harbor Act ( )
YOUR APPLICATION IS INCOMPLETE AND CANNOT BE PROCESSED UNTIL THE FOLLOWING
INFORMATION IS RECEIVED (CHECK ALL THAT APPLY):
? Your application form has not been completed and/or signed (see remarks)
.• Under the conditions of the Nationwide Permit, mitigation is required for your project. The
mitigation proposal submitted with your application is insufficient. (see remarks.)
? Your application did not include a statement explaining how avoidance and minimization for losses of
waters of the U.S. were achieved on the project site. (see remarks)
Your submitted project plans or maps were insufficient, too large, or not legible (see remarks).
Your application did not include a delineation of affected special aquatic sites, including wetlands,
vegetated shallows, and riffle and pool complexes as required.
? You must submit a copy of your application to the NC Wildlife Resources Commission (WRC) since your
proposed work is in a designated trout water county (see remarks section below for the address of your
WRC representative)
-Pe Other (see remarks below).
"Please also reference the Nationwide 39 permit verified for this project, expired 3/18/2007.
REMARKS:
1. Please note that the Jurisdictional Determination (JD) for this site expired on 6/23/2010 and must be
renewed prior to completing this PCN evaluation. A JD verification site visit has been scheduled with Land
Management Group on 7/14/2010. Further plan modifications maybe necessary depending on changes in
the JD.
2. Please include the culvert/pipe size for Wetland Disturbance area # 1.
3. Please include information on the installation method for the Temporary Utility Wetland Disturbarice. If
the installation method is open trenching, then we would also expect temporary impacts to wetlands in
addition to streams (the PCN only lists temporary impacts to streams). If open trenching is proposed, please
include information on the width of the permanently maintained corridor, and whether or not the w etlands
Paget of 2

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes ?x No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
?x 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality.Certification - Express ? Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ?x 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. X Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes Q No
2. Project Information
2a. Name of project: Mimosa Bay Phase 5
2b. County: Onslow
2c. Nearest municipality / town: Snead's Ferry
2d. Subdivision name: Mimosa Bay
2e. NCDOT only, T.I.P. or state
project no: NA
3. Owner Information
3a. Name(s) on Recorded Deed: Blue Marlin, LLC
3b. Deed Book and Page No. 2443/622 and 2443/625
3c. Responsible Party (for LLC if
applicable): Gordon Frieze
3d. Street address: P.O. Box 1328
3e. City, state, zip: Wrightsville Beach, NC 28480
3f. Telephone no.: 910-262-5450
3g. Fax no.:
3h. Email address:
Page 1 of 11
PCN Form - Version 1.3 Decerinber 10, 2008 Versic
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Ellen Cornette
5b. Business name
(if applicable): Applied Resource Management, PC
5c. Street address: P.O. Box 882
5d. City, state, zip: Hampstead, NC 28443
5e. Telephone no.: 910-270-2919
5f. Fax no.: 910-270-2988
5g. Email address: cornettefcc5yahoo.com
Page 2 of 11
IB. Project Information and Prior Project History
1. Property identification
1a. Property identification no. (tax PIN or parcel ID): 427802862441 and 427802765522
1 b. Site coordinates (in decimal degrees): Latitude: 34.523201 Longitude: - 77.411403
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: +115 acres (Phase 5, Phases 1-4 -250, so total = -365)
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Grainger Branch, Alligator Bay, and Mill Creek
2b. Water Quality Classification of nearest receiving water: GB-No Classification, AB-SA/ORW, MC to AB-SA/HQR
2c. River basin: Cape Fear/White Oak
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:
The Phase 5 property currently consists of wooded land with the cleared field that houses the Package Treatment
Plant. The properties attached to the existing WWTP will be connected to the Pluris WWTS off site within the next
60 days and the WWTP is to be dismantled.
3b. List the total estimated acreage of all existing wetlands on the property:
Phase 5: 15.27 acres total wetlands; Phases 1-4: 40.71 acres total 404 wetlands and 65.33 acres Coastal Wetlands
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Intermittent stream Grainger Branch the entire southern property boundary is 1,695 linear feet.
3d. Explain the purpose of the proposed project:
The 404 impacts are proposed to accommodate three proposed road crossings and a temporary buried utility crossing
beneath Grainger Branch. Fill Area 1 is a road crossing on Waterfowl Ct. (5,240 sq. ft.), Fill Area 2 is Scaup Court
(1,470 sq. ft.), and Fill Area 3 is two fill impacts, one on each side of the Granger Branch (2,120 sq. ft. total). The
branch will be bridged, as to not impact Grainger Branch. This will provide a secondary access to the original phases of
Mimosa Bay for existing and proposed structures and for emergency personnel and fire fighters. Refer the Cavanaugh
drawing for details. The total impacts to 404 wetlands will be 8,830 sq. ft. (0.2027 acres) of impacts. Refer to Figure 6.
3e. Describe the overall project in detail, including the type of equipment to be used:
The Mimosa Bay Subdivision, in its entirety, is proposed to be developed for single family residential with amenities
such as a clubhouse with swimming pool and tennis courts, conservation and bird watching areas and trails, and a boat
and RV storage area (unpaved). Phase 5 consists of 115 acres along with the original phases of the subdivision
consisting of 250 acres. Development of Phase 5 will consist of residential dwellings, roads and infrastructure. A
wastewater treatment plant that is currently on site is scheduled to be dismantled to allow for potential future
development. Equipment utilized in the development of the community will consist of the following: road preparation
equipment and utility installation equipment (motor graders, excavators, rubber tired bulldozer and loader
vibrator and
,
static rollers, pavers, hauling vehicles, trenchers and trench boxes), house site development (bush hogs
backhoes
,
,
bulldozers, graders, and hauling vehicles).
Page 3 of 11
PCN Form -Version 1.3 December 10, 200B Version
B. Project Information and Prior Project History
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ?x Yes ? No ? Unknown
Comments: Original JD Expired, 3/18/2007, New Field
Verification 7/14/10
4b. If the Corps made the jurisdictional determination, what type
El Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Land Management Group
Name (if known): Brent Manning/Christian Preziosi Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
June 27, 2005 (expires) and August 9, 2010
5. Project History
5a. Have permits or certifications been requested or obtained for Z Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
CAMA Major Permit which was modified to include Phase 5, USACE Action ID: 2005-764-067 (NW-39)
6. Future Project Plans
6a. Is this a phased project? Q Yes ? No
6b. If yes, explain. The area where the current WWTP could be developed in the future; however, no additional impacts are
proposed.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
?x 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) DW
Q - non-404, other) (acres)
Temporary T
W1 ?? P ? T Grading and Fill Pocosin N Yes
? No M Corps
E] DWQ
0.1202
W2 ?? P ? T Grading and Fill Forested O Yes
? No 0 Corps
El DWQ
0.0487
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 El P [:1 T El Yes El Corps
? No ?DWQ
2g. Total wetland impacts 0.1689
2h. Comments: Impacts in Phase 1-4 = 0.2822 and 0.0010, Subdivision cumulative total: Q res. The original
proposed temporary utility easement will not longer be required. The utilities have been directionally bored beneath the
proposed area.
c
3. Stream Impacts r
OC4 0.C
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
.
Stream impact .
Type of impact 3c.
Stream name 3d.
Perennial 3e.
Type of jurisdiction 3f.
Average 3g.
Impact
number -
Permanent (P) or (PER) or
intermittent (Corps - 404, 10 stream length

Temporary (T)
(INT)? DWQ - non-404, width (linear
other) (feet) feet)

S1 ? P ? T Temporary
Excavation
Grainger Branch ? PER

a DWQ

2

10

?
INT
x

S2 ? P ? T ? PER ? Corps
? INT ? DWQ

S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
36 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 0
3i. Comments: Temporary stream impact and stream banks will be mitigated to current conditions upon completion of brid
e
g
construction.
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?x P ? T Unnamed Fill and relocation ditch/tributary 0.081
02 ?P?T
03 ?P?T
04 ?P?T
0. Total open water impacts 0.081
4g. Comments: The tributary is to be re-located along the property line to the east Figure 5R.
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
f. Total
5g. Comments: trot Applicable
5h. Is a dam high hazard permit required?
? Yes ?x No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a. ? Neuse
? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary ) impact -required?
? Yes
131 ?P?T ?No
El Yes
B2 ?P?T ?No
?Yes
B3 ?P?T ? No
6h. Total buffer impacts
6i. Comments --'
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Upon initiating Phase 5 of the project, it was proposed to impact an additional 0.37 acres (Refer to Original Impact
Figures) for the two roadway crossing wetland impacts, one roadway and a sewer lift station impact, and one road
right of way impacts. Following review of the original permit and the proposed impacts, to reduce the impacts over
the entire project, the developers and engineers removed the right of way impact by moving the roadway (a
reduction of 0.0204 acres). For the crossing containing the roadway and sewer lift station (Area 2), the roadway
was adjusted to minimize the impact and the lift station was moved to an area of uplands. This area (Area 2) impact
was also originally proposed to impact 0.097 acres of wetlands, and through re-alignment of the roadway the
impact was reduced to 0.0337 acres (a reduction of 0.063 acres). Also, as part of the reduction process, the
impact in Area 3 was reduced from 0.133 acres to 0.0486 acres through, not only bridging the crossing, but re-
alignment of the proposed road (a reduction of 0.0844 acres). The impact in Area 1 could not be bridged due to
the low-lying contours of the land surface. The areas for the crossings were chosen because they were in the
lowest impact areas of the existing wetlands. The side slopes once completed will be seeded to maintain
stabilization of the slopes and to prevent erosion into Grainger Branch. The total reduction of impacts from the
initiation of the Phase 5 development has been a total of 0.1673 acres.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
During construction, impact minimization will occur through the placement of wire meshed reinforced silt fencing
placed three feet high above grade, and three foot below grade utilizing 4 x 4 posts for stabilization of the banks.
During construction of the roadways silt fencing will be installed to minimize erosion and sedimentation of the
existing wetlands not to be impacted.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ?x Yes ? No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ?x Corps
?x Mitigation bank
2c. If yes, which mitigation option will be used for this
project?
? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Hufmann Forest Wetland Mitigation Bank
3b. Credits Purchased (attach receipt and letter) Type: Non-
Riparian
Quantity: 0.1202 acres
Page 7 of 11
PCN Form -Version 1.3 December 10, 2008 Version
3c. Comments: Email correspondence enclosed
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ?x Yes (Original approval, new Application in process)
4b. Stream mitigation requested: 0 linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): 0 square feet
4e. Riparian wetland mitigation requested: 0.0487 acres
4f. Non-riparian wetland mitigation requested: 0 acres
4g. Coastal (tidal) wetland mitigation requested: 0 acres
4h. Comments: Original Document attached new application in process
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.
Mitigation is proposed by preservation of the approximately 17 acres of 404 wetlands in the center of the tract
which includes the original 5 acres proposed (Refer to Figure 11 R).
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ?x No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
E. Stormwater Management and Diffuse Flow Plan (required by DIAJQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes x 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 Q No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 21 %
2b. Does this project require a Stormwater Management Plan? NxYes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Not applicable
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Storm water plan attached (1 copy)
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? N DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Onslow County
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): Not applicable ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached? Not applic bl? a
4. DWQ Stormwater Program Review
Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply Z ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? Nx Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? N Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? Nx Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 200 8 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the El 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)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments: Not applicable
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in El Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The current WWTP developed on site in in the process of being decommissioned and the wastewater to be treated off
site. Once the final connection to the off-site facility is completed, the WWTP facility will be dis mantled and removed from the
site. The property upon which the facility was constructed could potentially be reverted to residentail lots to be developed in
the future.
Page 10 of 11
PCN Form - Version 1.3 December 10, 200 8 Version
G. 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?
5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The issuance of the original NW-39 permit issued by the USACE. No site changes have occurred.
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?
Review of the NC Marine Fisheries website, NOAA website, and Fish and Wildlife website, and the fact that the original
permit was issued.
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?
Issuance of original permit.
8. Flood Zone Designation (Corps Requirement)

8a. Will this project occur in a FEMA-designated 100-year floodplain?
-
F] Yes ®No
F-
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Onslow County GIS Flood Maps
Ellen F. Cornette SMAL-4- 8/11110
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page 11 of 11
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-20050-00764 County: Onslow U.S.G.S. Quad: Sneads Ferry
NOTIFICATION OF JURISDICTIONAL DETERPIINATION
Property Owner: Blue Marlin, LLC Agent: Land Management Group, Inc.
attn: Gordon Frieze attn: Donnie Beale
Address: P.O. Box 1328 Address: P.O. Box 2522
WriLrhtsville Beach, NC 28480 Wilmington, NC 28402
Property description:
Size (acres) 115.01 Nearest Town Sneads Ferry
Nearest Waterway UT to Mill Creek River Basin White Oak
USGS HUC 03030001 Coordinates 34.526610 N -77.413109 W
Location description: The project area is located on the south side of Old Folkstone Road approximately 1.25 miles
east of its intersection with NC 210, in Sneads Ferry, Onslow County North Carolina Tax Parcel IDs• 773-107.4 and
773-115.2
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your project area delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The waters of the U.S. including wetlands on your property have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed
and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 8/9/2010 . Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.

Page 1 of 2° l'
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA): You should contact the Division of Coastal Management in Wilmington, NC, at [phone] to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Mr. David E. Bailey at [phone] /
David.E.Bailev2na.usace.armv.mil.
C. Basis For Determination
The project area exhibits water bodies with ordinary high water and wetland criteria as defined in the 1987 wetland
delineation manual. The water bodies on the site includes an Unnamed Tributary (UT) to Mill Creek (Grainger
Branch), a Relatively Permanent Water (RPW), and two UTs to Grainger Branch, one RPW and one iurisdictional
non-RPW - all hydrologically connected to Mill Creek, a Section 10 Navigable Waterway - and abutting wetlands This
determination is based on a site visit and verification by David E. Bailey on 7/14/2010.
D. Remarks
This Jurisdictional Determination (JD) re-verifies the location of Waters of the U.S. in Mimosa Bay phase 5, The
previous JD was signed on 6/23/2005 and has since expired.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: David E. Bailey, Regulatory Specialist,
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, North Carolina 28403
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 8 October 2010
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.** _
Corps Regulatory Official;
Date 9 August 2010 Expiration Date 9 August 2015
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit ht!p://per2.nyT.usace.arrny.mil/survey.html to
complete the survey online.
Copy furnished:
Joanne Steenhuis, NCDENR-DWQ, 127 Cardinal Drive, Wilmington, NC 28405
Ellen Cornette, Applied Resource Management, P.C., P.O. Box 882, Hampstead, NC 28443
Jonathan Wayne, Hanover Design Services, P.A., 1123 Floral Parkway, Wilmington, NC 28403
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NC GRID (NAO 83) T'1r, Ei.?
200' 400' 600'
SCALE 1"- 200'
WETLAND SURVEY
PHASE 5 TRACT
??OSA BAY
STUMP SOUND TOWNSHIP, ONSLOW COUNTY, NORTH CAROLINA
BLUE MARLIN, LLC
P. 0. BOX 1328
WRIGHTSVILLE BEACH, N.C. 28480
PHONE: [phone]
DATE: DECEMBER 21. 2004
UPDATED: JULY 26, 2010
III 1;=,
HA MOVER DESlGIV SERVICES, P.A.
LAND SURVEYORS ENGINEERS LAND PLANNERS
1123 FLORAL PARKWAY
WiLMINCTON, N.C. 28403
PHONE' [phone]
FAX., [phone]
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
FOR MIMOSA BAY SUBDIVISION
PHASE V
This Declaration of Covenants, Conditions and Restrictions For Mimosa Bay Subdivision PHASE
V ("Phase V Declarations") made the day of , 2007, by BLUE MARLIN, L.L.C.,
hereinafter referred to as "Declarant" or "Developer" for the purposes hereinafter stated:
WITNES SETH:
WHEREAS, Blue Marlin, L.L.C. ("Declarant") is the owner of certain real property in Onslow County,
North Carolina, known as MIMOSA BAY, PHASES I, II, III and IV, as shown on plats recorded in the
Office of the Register of Deeds of Onslow County, North Carolina, in Map Book 48, page 171, Map Book
48, Page 239, Map Book 49, page 140, Map Book 50, page 79, Map Book 50, page 125, Map Book 51,
page 46, Map Book 50, page 191, Map Book 50 page 231, Map Book 50, Page 95, Map Book 50 page 192
and Map Book 51, page 44 to which reference is made for a more particular description and also owns the
Property that is known as MIMOSA BAY, PHASE V, as shown on a plat recorded in the Office of the
Register of Deeds of Onslow County, North Carolina, in Map Book _, Page _ to which reference is
made for a more particular description (hereinafter "Mimosa Bay Phase V" or "Phase V"); and
WHEREAS, the Mimosa Bay Subdivision is subject to Declaration of Covenants, Conditions and
Restrictions For Mimosa Bay Subdivision filed June 16, 2005, which are recorded in Book 2464 at Pages
372 through 402 and those filed March 10, 2006, which are recorded in Book 2615 at Pages 688 through
690 of the Register of Deeds for Onslow County ("Declarations"); and
WHEREAS, pursuant to Article VII of the Declarations, the, Declarant has the right to include Phase V
within the Mimosa Bay Subdivision and subject Phase V to the Declarations; and
WHEREAS, the Bylaws of Mimosa Bay Homeowners Association, Inc. ("Bylaws") were filed June 16,
2005 and are recorded of record in the Onslow County Register of Deeds at Book 2464, Pages 403 through
415; and
WHEREAS, the Bylaws provide Declarant with the ability to subject Phase V to said Bylaws such that all
owners of any Lots within Phase V shall become members of Mimosa Bay Homeowners Association, Inc.
and subject to the rights, obligations and responsibilities of the Bylaws;
WHEREAS, Declarant executes this document for the sole purpose of clarifying the entitlement and desire
to incorporate Phase V into the Mimosa Bay Subdivision;
NOW, THEREFORE, in accordance with the recitals which by this reference are made a substantive part
hereof, Declarant declares that:
ARTICLE I
PHASE V IS SUBJECT TO DECLARATION AND BYLAWS
All of the property described herein, and, specifically, Mimosa Bay Phase V, are made subject to
Declaration of Covenants, Conditions and Restrictions For Mimosa Bay Subdivision filed June 16, 2005,
which are recorded in Book 2464 at Pages 372 through 402 and those filed on March 20, 2006, which are
recorded in Book 2615 at Pages 688 through 690 of the Register of Deeds for Onslow County and the
Bylaws of Mimosa Bay Homeowners Association, Inc. ("Bylaws") were filed June 16_, 2005 and are
recorded of record in the Onslow County Register of Deeds at Book 2464, Pages 403 through 415 and that
such easements, restrictions, covenants and conditions shall burden and be appurtenant to and run with said
Mimosa Bay Phase V properties and be binding on all parties now or hereafter owning said real property
and their respective heirs, successors and assigns, having any right, title or interest in the properties in said
Mimosa Bay Phase V properties, or any part thereof, and shall inure to the benefit of each owner thereof
and their respective heirs, successors and assigns.
ARTICLE II
IMPERVIOUS COVERAGE
SECTION 1. The maximum allowable built-upon area per Lot is as follows (this data is for Lots
shown on the above-referenced plat plus lots for which the Declarant has an approved storm water plan but
which Declarant is under no obligation to subdivide or develop in any particular fashion or for any
particular use):
Impervious
Lot # Surface(sf)
221 2800
222 2800
223 2800
224 2800
225 2800
226 2800
227 2800
228 3500
229 3000
230 2800
Lot # Impervious
Surface s
231 2800
232 2800
233 2800
234 2800
235 2800
236 3100
237 2900
238 2800
239 2800
240 2800
241 2800
242 2800
243 3200
244 3000
245 3000
246 3000
247 3000
248 3300
249 3500
250 3200
251 .3100
252 2800
253 2800
254 2800
255 2800
256 2800
257 2800
258 3100
259 2800
260 2800
261 2800
262 2800
263 2800
264 2800
265 2800
266 2800
267 2800
268 2800
269 2800
270 2800
271 2800
Lot # Impervious
Surface(sf)
272 2800
273 2800
274 2800
275 2800
276 3300
277 3000
278 2800
279 2800
280 3500
281 3200
282 3500
283 3500
284 3000
285 3000
286 3000
287 2800
288 2800
289 2800
290 2800
291 2800
292 2800
293 2800
294 3300
295 3300
296 3800
297 3600
298 3500
299 3600
300 3500
301 3400
302 3600
303 4000
304 4000
305 3800
306 2800
307 2800
308 2800
309 2800
310 2800
312 2800
313 3000
Lot 4 Impervious
5urface(s
314 2800
315 4200
316 4300
317 4500
318 4000
319 4000
320 4200
321 4200
322 4500
323 4500
324 4500
325 4500
326 4200
327 4200
328 4200
329 4200
330 4200
331 4200
332 4200
333 4000
334 4000
335 4500
336 4500
337 4000
338 8000
339 5000
340 5000
341 5000
342 5000
343 5000
344 5000
345 5000
346 5500
347 6000
348 6000
349 6000
350 5800
351 5500
352 5500
353 5500
354 6000
Lot # Impervious
Surface s
355 5500
356 5500
357 5500
358 5800
359 5500
360 5800
361 6800
362 5500
363 5500
364 5500
365 5800
366 5500
367 5500
368 5500
369 5500
370 5500
TOTAL 561,700
These allotted amounts include any built-upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking
areas, but does not include raised, open wood decking, or the water surface of swimming pools. Declarant
reserves the right to recalculate the maximum allowable built-upon areas if required by applicable
regulations.
ARTICLE III
EASEMENTS
All Easements set forth in the Declarations are extended to Phase V and all Common Elements and
Lots therein.
ARTICLE IV
MINIMUM STANDARDS FOR SITE IMPROVEMENTS
SECTION 1. Each dwelling on the Phase V Lots shown on the above referenced plat, shall have the shall
have a minimum square footage of 1800 square feet of enclosed, heated dwelling area. The term "enclosed,
heated dwelling area" shall mean the total enclosed area within a dwelling which is heated by a common
heating system; provided, however, that such term does not include garages, terraces, decks, open porches,
and like areas.
ARTICLE V
WETLANDS
All wetlands conveyed with individual lots shall remain in their present natural state or order.
Wetlands on lots may not be filled or excavated, however, they may be mowed and maintained by the
individual lot owners for aesthetic purposes. This Article may not be amended or modified without the
express written consent of the U. S. Army corps of Engineers, Wilmington District.
ARTICLE VI
MITIGATED CONSERVATION AREAS
The areas shown on the recorded plat entitled " it, dated
and recorded in Map Book _.__ at page of the Onslow County Registry on
as conservation areas shall be maintained in perpetuity in their natural or mitigated
condition. No person or entity shall perform any of the following activities on such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, building, mobile
homes, signs, utility poles or towers, or any other permanent or
temporary structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of
the conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
This covenants applies to Phase V of Mimosa Bay Subdivision only.
This covenant is intended to ensure continued compliance with the mitigation condition of a
Clean Water Act authorization issued by the United State of America, U.S. Army Corps of
Engineers, Wilmington District, Action ID , and therefore may be enforced by the
United States of America. This covenant is to run with the land, and shall be binding on the Owner,
and all parties claiming under it. This Article may not be amended or modified without the express
written consent of the U. S. Army corps of Engineers, Wilmington District.
IN TESTIMONY WHEREOF, Declarant has caused this Declaration to be signed in its corporate
name by its MANAGER as of the day and year first above written.
BLUE MARLIN, L.L.C.
By:
MANAGER
STATE OF NORTH CAROLINA
COUNTY OF
I, , Notary Public, certify that personally
came before me this day and acknowledged that he is the MANAGER of BLUE MARLIN, L.L.C., a
Limited Liability Corporation, and that he, as MANAGER, being authorized to do so, executed the
foregoing on behalf of said Limited Liability Corporation.
Witness my hand and seal, this the day of , 2007.
My commission expires:
Notary Public
(SEAL)
FACOREUTERUDeedsWimosa Bay-Phase V-Rest Cov 2-21-07.doe
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