20050813 Ver 4_More Info Received_20101005

Applied Keoource Management, F.C.
October 1, 2010
NCDENR, Division Of Water Quality
401 Wetlands Unit
Attn: Ian McMillian
2321 Crabtree Boulevard
Raleigh, NC 27604-2260
RE: Update for PCN For NW-29
Mimosa Bay Subdivision Phase 5 (V)
Snead's Ferry, Onslow County, North Carolina
USACE Action ID: 2005 00764
Dear Mr. McMillian,
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Enclosed is one copy of the updated NW-29 application for the above property. I have
hand delivered a copy to Joanne Steenhuis at the Wilmington Regional Office.
If you have any questions please do not hesitate to contact our office at [phone].
Sincerely,
?Z2
Ellen F. Corvette, R.E.H.S.
Project Geologist
Enclosure
F.O. Box 882
Hampstead, NC 28443
1 910.270.2919
FAX [phone]

()S - C )g 1 3 0'
pplied Keoource Management, F.G.
September 30, 2010
US Army Corps of Engineers
Attn: Mr. Dave Bailey
Wilmington Field Office
69 Darlington Avenue
Wilmington, NC 28403
RE: Nationwide 29 Application Updated
Mimosa Bay Subdivision, Phase 5 (V)
Snead's Ferry, Onslow County, North Carolina
USACE Action ID: 2005 00764
Dear Mr. Bailey,
Enclosed are the following documents for your review;
USACE Pre-construction Notification (PCN) - Revised
Figure 1 Site Location Map
Figure 2 Site Vicinity Map On USGS Topographic Map
Figure 3 404 Wetland Impact Location Map On USGS
Figure 3A Area 1 With GPS Coordinates
Figure 3B Area 2 With GPS Coordinates
Figure 3C Area 3 With GPS Coordinates
Figure 4 Soil Conservation Services Site Soils Map
Figure 5 Revised Site Plan With Wetlands And Updated Lot Numbers
Figure 6 Revised Site Plan With Open Water Relocation
Hanover Design Services, P.A. Wetland Disturbance Area 1 Plan View And
Profile View
Figure 7 Wetland Disturbance Area 2 (Plan and Area View) - Cavanaugh &
Associates, P.A. Figure
Hanover Design Services, P.A. Wetland Disturbance Area 2 Plan View
Hanover Design Services, P.A. Wetland Disturbance Area 1 Plan Profile
Figure 8 Proposed Preservation Area Mimosa Bay, Phase 5
Figure 9 Proposed Built Upon Areas For Mimosa Bay Lots 316 and 312,
Phase 5
Figure 10 Photos For Open Water Ditch/RPS
Restrictive Covenants For Phase 5(V)
P0. Box 882
Hampstead, NC 28443
910.270.2919
FAX [phone]
September 30, 2010
Copy of NCEEP Acceptance Letter
Copy of Hofmann Forest Wetland Mitigation Bank Availability Email
Storm Water Management Narrative
Agent Authorization Letter
Expired USACE Permit
Deeds
Response to email dated August 25, 2010 (With Large Master Plan)
The Erosion Control and wastewater permits will be provided at your request.
If you have any questions please do not hesitate to contact our office at [phone].
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
Joanne Steenhuis, NCDENR, DWQ, with enclosures
2
OF WAT?cR
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
1a. Type(s) of approval sought from the
Corps: 0 Section 404 Permit ? 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 0 No
1d. Type(s) of approval sought from the DWQ (check all that apply):
?R 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. 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 ?x No
If. 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. 0 Yes ? No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. 0 Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes 0 No
2. Project Information
2a. Name of project: Mimosa Bay Phase 5
2b. County: Onslow a
2c. Nearest municipality / town: IM U ly 1_q
Snead's Ferry
2d. Subdivision name: Mimosa Bay
O rj Z1.)10 V
2e. NCDOT only, T.I.P. or state
project no:
NA WATER ;;UAU
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 December 10, 2008 Versi
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: cornettefc(@yahoo.com
Page 2 of 11
B. 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)
1c. 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 Grainger Branch, Alligator Bay, and Mill Creek
proposed project:
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: 25.62 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. Fill Area 1 is a road crossing on
Waterfowl Ct. - 0.0931 acres (Reduced to 4,057 sq. ft. from 5,240 sq. ft. - Hanover Design: Wetland Disturbance
Area 1 - Plan View). Fill Area 2 is Scaup Court - 0.0337 acres (1,470 sq. ft.), and Fill Area 3 is now three fill impacts,
one on the north side and two on the south side of Granger Branch - 0.04612 acres (Reduced to 2,009 sq. ft. from
2,120 sq. ft. total - Hanover Design: Wetland Disturbance Area 3 - Plan View). The branch will be bridged, with a
central support structure located in the 404 wetlands upslope of Granger Branch, and there will be no impact to the
actual branch channel (Refer to Wetland Disturbance Area 3 Profile View). The stream banks will not be filled or
impacted; however, if disturbed during construction; will be returned to original condition following completion. 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. Also, included in the overall impacts is the relocation of the ditch structure
located in the NE quadrant of the property which will be re-aligned adjacent to the property line (Open Water Impact =
0.03777 acres). The total impacts to 404 wetlands will be 0.21069 acres of impacts. Refer to ARM Figures 8 and 10
and Hanover Design Figures, respectively.
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, 2008 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, 3118/2007, New Field
Verification 7/14/10
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: 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
6. 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.
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? ?x 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
1 a. 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
W1 ?? P ? T Grading and Fill Pocosin M Yes
? No ?x Corps
? DWQ 0.12688
W2 ?? P ? T Grading and Fill Forested N Yes
? No ? Corps
? DWQ 0.04612
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.17300
2h. Comments: Impacts in Phase 1-4 = 0.2822 and 0.0010, Subdivision cumulative total: 0.45620 acres (formerly 0.4859
acres). The original proposed temporary utility easement will not longer be required. The utilities have been
directionally bored beneath the proposed area.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ?? T Temporary
Disturbance Grainger Branch ? PER
INT ?x Corps
? DWQ 2 10
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
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 0
3i. Comments: Temporary stream impact may occur, due to disturbance during construction. If this condition does occur, the
stream banks will be mitigated to current conditions upon completion of bridge 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
01 ?x P ? T Unnamed Fill and relocation ditch/tributary 0.03777
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts 0.03777
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: Not Applicable
5h. Is a dam high hazard permit required?
? Yes Q 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 El Tar-Pamlico -1 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?
131 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments: Not applicable
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. 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. And an additional 0.02969 has been
reduced as of 9-21-10 for a total reduction overall of 0.19699 acres.
1b. 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.
Also, construction techniques for the bridge and pilings are completed utilizing techniques that allow for minimal
disturbance outside of the piling footing area. 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): ?x DWQ ?x Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
?x Payment to in-lieu fee program
project?
? 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: 0.12688 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: 0.04612 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 18.45 acres of 404 wetlands in the center of the tract
which includes the original 5 acres proposed (Refer to Hanover Design Site Plan).
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 DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes Ox 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.
Y
s N
?
e
o
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? ?x Yes ? 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? ?x 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 applicable
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? ?x Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ?x Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 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 ? 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
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 ? 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," p9vide 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, 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?
El 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 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? ? Yes ® No
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
Al.Cf??
Ellen F. Comette C??a 9/22/10
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
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Adapted from North Carolina Atlas & Gazetteer, Forth Edition, 2000, pg. 85.
TITLE: FIGURE:
Site Location Map
ppliecl i e5ource Manaclomont FC _ _
P.O. Box 882, Hampstead, NC 28443 JOB: SCALE: DATE: DRAWN BY:
[phone] FAX [phone]
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SUBJECT PROPERTY
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" Subdivision A.
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ALLIGATOR
CAP
4 ?•m * 1?3a?tLe2COfl - f 0911
N
Note: Adapted from Sneads Ferry, NC Topographic Quadrangle (1952),
Property boundaries approximate.
i TITLE: Site Viciiliiy Map On USGS FIGURE:
pplied Resource Management PC Topographic Map
RO. Box 882, Hampstead, NC 28443 --- - - _-
[phone] FAX [phone] JOB: SCALE: DATE: DRAWN BY:
2
06E 1' = 2,000' 6/9/10 EFC

LEGEND
Approximate 404 Wetland Impact Areas
i
N
Note: Adapted from Sneads Ferry, NC Topographic Quadrangle (1952).
Property boundaries approximate.
TITLE: 404 Wetland Impact FIGURE:
i pplied Reeource Management I'C Location Map On USGS
P. O, Box 882, Hampstead, NC 28443
[phone] FAX [phone] JOB: SCALE: DATES: DRAWN BY:
0680 V = 2,000' 8/21/06 EFC
6/9/10

f

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I

USGS Sneads Ferry Quad
-•- r' --I
AREA 1
ROAD CROSSING COORDINATES
ti *
M--9.395
G=-1.372
Adapted from maps and data obtained from www.Topozone.com website on 8/22/06.
TITLE: ? FIGURE:
Area 1 With GPS Coordinates
P0, Box ReSOUrce Management PG ?///???
?
P.O. Box 882, Hampstead, NC 28443 JOB: CALE: DATES: DRAWN BY.
[phone] FAX [phone] QO 1:48,000 8/22/06
U 1 5/281 0 EFC
USGS Sneads Ferry Quad
AREA 2
ROAD CROSSING COORDINATES
M
M=-3.333
G=-1.373
Adapted from maps and data obtained from www.Topozone.com website on 8/22/06.
TITLE: FIGURE:
Area 2 With GPS Coordinates
7k�
plied Resource Management FG JOB: SCALE: DATES: DRAWN BY: ^1J R
O. Box 882, Hampstead, NC 28443 V V
10) 270-2919 FAX [phone] ; ^ Q' 000 1/22/06
V 4U 5/28/1 0 EFC

LEGEND
Wa - Wando Series
Bab - Baymeade Series
To - Torhunta Series
FoA - Foreston Series
Mu - Murville Series
Ln - Leon Series
Bo - Bohicket Series
Ln -Leon Series
Pa - Pactolus Series
Note: Adapted from the Soil Survey of Onslow County, (1982/84). Property boundaries approximate.
TITLE; Soil Conservation Services
7 pplied Keoource Management PC Site Soils Map
P.O. Box 882, Hampstead, NC 28443
(9101270-2919 FAX [phone] JOB; SCALE; TES: DRAWN BY:
0680 1'= --2,000' 1 8/21/06 EFC
6/9/10

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STORM WATER NARRATIVE
CAVANAU G H

305 WEST FOURTH STREET, SUITE 1-A • WINSTON-SALEM, NORTH CAROLINA 271 01 • 336.759.9001 • 336.759.1 COS
WWW. CAVANAUGH S OLUTI?NS. COM
Narrative
Project Summary
The project site is located approximately 3 miles south of Sneads Ferry off of
N.C.S.R 1518 approximately 1 mile east of the intersection of N.C. Highway 210
N.C.S.R. 1518 in Onslow County, North Carolina (see vicinity map on plan set). The
project is referred to as Mimosa Bay Phase 4 and Phase 5. The site is immediately
adjacent to the Mimosa Bay Phases 1, 2, 3, and 3 projects. The total land area for this
site is approximately 173 acres of undisturbed land. Approximately 60 acres will be
disturbed during the construction. The property will be subdivided into 220 individual
lots with permanent easements to allow for the utilities and drainage. Construction will
include new asphalt roadways, associated utilities including: water, and sewer, permanent
drainage swales, and sewage pumping facilities. Construction also includes a waste
water treatment facility and recreational amenity areas
Adiacent Property
Land use in the surrounding area is mainly residential and undeveloped. The land
immediately to the west and north is being developed for residential use. Alligator Bay
lies to the south of the project, and the area to the east is undeveloped.
Site Description
The Phase 4 site is generally flat with a 1 % to 2% slope to the southeast towards
Alligator Bay. The Phase 5 site is generally flat with a I% to 2% slope to the southeast
towards Mill Creek which empties into Alligator Bay. The elevations of the project
range from 32 feet MSL to 10 feet MSL. The site is mostly wooded and undeveloped.
All wetlands on site have been delineated and were reviewed by the USACE.
Both Mill Creek and Alligator Bay-have been classified as SA:ORW waters.
Currently, there have been no onsite improvements. Therefore the relative
impervious area is zero percent.
The amenity area site was tested for the seasonal high water table elevation
(SHWTE) and infiltration rate on May 22, 2006. The SHWTE was found to be between
24 and 40-in below ground surface. The estimated infiltration rate was found to be
greater than 10-in/hr.
Project Description
The proposed development, consisting primarily of asphalt roadways, 220 houses
and driveways along with the amenity area and waste water treatment plant, and would
increase the impervious area from 0% to approximately 20%. Lots will be deeded with
restrictive covenants.
Mimosa Bay
Stormwater Management Low Density Permit Application Revised: June 15, 2006
Stormwater runoff generated by the proposed development will be treated
utilizing vegetated road side ditches and larger collector vegetated swales. The swales
would then empty into the, wetlands or existing drainage features. Stormwater will be
collected. via sheet flow from each respective drainage area into the vegetated ditches and
swales, and conveyed in reinforced concrete pipe only under roadways.
The amenity area is considered a pocket of high density; therefore treatment by
means of infiltration is required. A shallow infiltration basin, which will collect and treat
the first 3.0 inches of runoff, was selected as the best alternative for treatment.
Impervious Area Calculations
TOTAL IMPERVIOUS SURFACES
Drainage Area 7,376,292 SF
Existing Impervious Area 0 SF
Proposed Impervious Area 1,515,175 SF
% Impervious Area 20.54%
On-Site Buildings/Driveways 935,900 SF
On-Site Streets 363,964 SF
On-Site Parking 70,223 SF
On-Site Sidewalks 0 SF
Other On-Site Amenity
Area, WWTP 145,088 SF
Total 1,515,175 SF
PHASE 4 (Previously Permitted) *
Drainage Area 2,536,494 SF
Existing Impervious Area 0 SF
Proposed Impervious Area 498,068 SF
% Impervious 19.64%
On-Site Buildings/Driveways 299,600 SF
On-Site Streets 109,380 SF
On-Site Parking 0 SF
On-Site Sidewalks 0 SF
Other On-Site (Amenity Area) 89,088 SF
Total 498,068 SF
* Revised numbers from what was previously permitted.
Mimosa Bay
Stormwater Management Low Density Permit Application Revised: June 15, 2006
AMENITS SUB AREA
Drainage Area 407,460 SF
Existing Impervious Area 0 SF
Proposed Impervious Area 89,088 SF
% Impervious Area 21.86%
On-Site Buildings 5,173 SF
On-Site Streets 0 SF
On-Site Parking 45,435 SF
On-Site Sidewalks 6,613 SF
Other On-Site (Pool & Tennis) 31,867 SF
Total 89,088 SF
PHASE 5
Drainage Area 4,839,798 SF*
Existing Impervious Area 0 SF
Proposed Impervious Area 1,017,107 SF
% Impervious 21.01%
On-Site Buildings/Driveways
On-Site Streets
On-Site Parking (Alleys)
On-Site Sidewalks
Other On-Site (WWTP)
Total
636,300 SF
254,584 SF
70,223 SF
0 SF
56,000 SF
1,017,107 SF
* 4,839,798 SF = 5,009,836 SF - 170,038 SF
(Total SF - SF Outside 100 Feet from edge of wetlands)
PHASE 5 (Sub Area Inside R-5 Zoning)
Drainage Area 1,043,662 SF
Existing Impervious Area 0 SF
Proposed Impervious Area 363,683 SF
% Impervious Area 34.85%
On-Site Building/Driveways 212,900 SF
On-Site Streets 80,560 SF
On-Site Parking 70,223 SF
On-Site Sidewalks 0 SF
Other On-Site 0 SF
Total 363,683 SF
Mimosa Bay
Stormwater Management Low Density Permit Application Revised: June 15, 2006
Stormwater Management Plan (Low Density Areas)
Requirements
Stormwater management requirements of the state of North Carolina require that
the stormwater runoff from a low density site be treated by maintaining vegetative
buffers, and transporting runoff through vegetative conveyances. NCDENR Stormwater
Rest Management Practices guidelines where incorporated into the design
Collection
The proposed streets will drain directly into road side ditches. The lots will be
graded in such a manner that the new impervious areas will drain either towards the street
or back of the lot. The stormwater will be collected via sheet flow into road side ditches
or vegetated swales. Where possible the existing grades will not be disturbed, allowing
the stormwater to sheet flow directly into existing wetlands.
Conveyance
Stormwater will be conveyed under the new streets using reinforced concrete
pipe. These culverts were designed to convey the runoff of a 25 year storm, and
appropriate energy dissipaters were used at the outlets of each culvert. The culverts then
continue on through the road side ditches or swales. Where culverts discharge directly
into wetlands the spreader type of erosion control devices was used to achieve sheet flow
before the stormwater enters the wetlands.
Best Management Practices
Engineered stormwater controls, such as ponds, are not proposed. However,
several best management practices, such as permanent erosion control outlet devices for
all storm drain outlets have been included into the design. This should help to reduce
future erosion problems which will lead to increased stormwater runoff. In addition, all
home builders should be required to use splash blocks for roof gutters, and discouraged
from piping gutters to other stormwater structures. All builders should be required to
quickly and adequately landscape all lots. The use of sod to quickly establish good top
soils should be encouraged. The site should use a combination of "best management
practices" to control erosion during construction. A separate erosion control plan for
construction has been prepared.
Stormwater Management (High Density Pocket Area)
Requirements
The project site is located in a coastal county and is within 1/2 mile of SA:HQW
waters and therefore requires stormwater to be treated with an infiltratinn tvnP cxTctarn
- uay
Stormwater Management Low Density Permit Aoolication 0-1:--. .
After discussions with North Carolina Department of Environment and Natural
Resources, Division of Water Quality's staff, it was determined that the best option for
stormwater treatment for this project is an infiltration basin.
Collection and Conveyance
The proposed parking lots will sheet flow into vegetated swales which will then
empty into the infiltration basin. The swale from the front parking lot will drain into a
culvert which will empty into the infiltration basin.
Runoff from the club house, tennis courts, and pool deck will drain into catch
basins which will be piped to the infiltration basin.
The piping/culverts will end 30 feet short of the basins on rip-rap outlet devices
which will allow the flow to spread over a vegetated buffer before entering into the basin.
The basin has been designed to capture and treat the first 3.0 inches of runoff.
Additional runoff will bypass the system through a rip-rap lined spillway, before it is
allowed to sheet flow across the remaining undisturbed portion of the property.
Maintenance and Monitoring
A maintenance plan, as listed below, was developed to maintain proper functioning of the
stormwater system.
Maintenance Plan (Subdivision)
The plant material will be watered every day for fourteen consecutive days, and after
planting has been completed.
As Needed: _
Remove obstructions from ditches and culverts
Perform repairs as required.
Monthly:
Mow ditches and swales.
Yearly:
Inspect rip-rap outlet devices and add rip-rap as need.
Inspect road side ditches and swales for signs of erosion. Repair damaged
areas and reseed as needed.
Maintenance Plan (Amenity Area)
The following maintenance requirements will be observed:
Mimosa Bay
Stormwater Management Low Density Permit Application Revised: June 15, 2006
Twice a Year:
1. Grass areas in and around the infiltration basin will be mowed.
Yearly:
1. An annual inspection will be conducted after a storm event to ensure infiltration
performance.
2. Sediment deposits will be removed from swales annually or before deposits
Exceed 0.5 feet in depth
Removal and reconstruction of the infiltration device will be necessary when the
infiltration rate drops to unacceptable levels.
Planned Erosion and Sedimentation Control Practices
A separate erosion and sedimentation control plan will be submitted for this
project. Stormwater will be diverted from the infiltration basin until vegetation has been
established.
Construction Schedule
1. Obtain plan approvals and all applicable permits.
2. Flag the work limits.
3. Hold pre-construction meeting.
4. Install temporary gravel construction entrance.
5. Install silt fence, rock check dams, and inlet protection.
6. Clear and grub site
7. Construct sediment traps.
8. Rough grade the site and install culverts and storm drainage.
9. Provide temporary diversion around infiltration device in the amenity area.
10. Shape shoulders, swales, and road side ditches
11. Grade site to final elevations
12. Scarify, seed, fertilize and mulch all disturbed areas.
13. Install storm sewer line and appurtenances.
14. Install waterline and appurtenances.
15. Install other utilities (electrical, fiber-optic, cable, phone, etc)
16. Re-scarify, re-seed, re-fertilize and mulch all disturbed area.
17. Construct roadbed base course and intermediate asphalt course.
18. Begin construct of houses
19. Apply final asphalt course
20. After disturbed areas are established, the contractor shall return to the site and
remove all temporary erosion control measures.
21. Seed and mulch all areas disturbed by device removal.
immosa bay
Stormwater Management Low Density Permit Application Revised: June 15, 2006
Vegetation Plan
The contractor shall provide seeding and mulching on all disturbed areas within 15
working days following the completion of any phase of grading. Seeding requirements
shall include soil preparation, seed mixtures and mulching.
Mimosa Bay
Stormwater Management Low Density Permit Application Revised: June 15, 2006
ATTACHMENTS
ATTACHMENTS:
PHASE 5 (V) RESTRICTIVE COVENANTS
NCEEP LETTER
MITIGATION BANK EMAIL
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:
WITNESSETH:
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, 111 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 tc subdivide or develop in any particular fashion or for any
particular use):
Lot # (sf Lot # (0) Lot # lin
1 224 271
2 225 272
3 226 273
4 227 274
5 228 275
6 229 276
7 230 277
8 231 278
9 232 279
10 233 280
11 234 281
12 235 282
13 236 283
Lot # s?f
341
342
343
344
345
346
347
348
349
350
351
352
353

14 237 284 354
15 238 285 355
16 239 286 356
17 240 287 357
18 241 288 358
19 242 289 359
20 243 290 360
21 244 291 361
22 245 292 A5
23 246 293 A6
24 247 294 A7
25 248 295 A8
26 249 296
27 250 297
28 251 298
29 252 299
30 253 300
31 254 301
32 255 302
177 256 303
178 257 304
179 258 305
180 259 306
181 260 307
182 261 308
183 262 309
184 263 310
185 264 311
186 265 _ 312
187 266 313
188 267 - 314
221 268 315
222 269 339
223 270 340
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
LOT AND BUFFER AREA WETLANDS
All wetlands conveyed with individual lots and located within the 20' buffer (As shown on
Master Plan Dated 9-24-10) shall remain in their present natural state or order. Wetlands on lots or
located within the 20' buffer area may not be filled or excavated, however, they may be moved and
maintained by the individual lot owners for aesthetic, maintenance and surveying 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 dated ,
and recorded in Map Book _ at page _ of the Onslow County Registry on
conservation areas shall be maintained in perpetuity in their natural or mitigated condition.
entity shall perform any of the following activities on such conservation area:
No person or
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
as
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 , 2010.
Notary Public
My commission expires:
(SEAL)
FACOREUTERRITeedsNimosa Bay-Phase V-Rest Cov rev 9-29-10
1.-
-1 ? ' Y tem
COS
PROGRAM
June 15, 2010
Gordon Frieze
Blue Marlin, LLC
PO Box 1328
Wrightsville Beach, NC 28480 Expiration of Acceptance: March 15, 2011
Project: Mimosa Bay Phase 5 County: Onslow
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project under the conditions specified below. Please note that this decision
does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the
responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. You mint-also
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact White Oak 03030001 0 0 0 0.083 0 0 0 0
Fredits W f`3iik b3020106 0 0 0 Up to
0.166 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation per the conditions specified in the
above table. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be
responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit
issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of
Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
1-0
William D. Gilmore, PE
Director
cc: Ian McMillan, NCDWQ Wetlands/401 Unit
David Bailey, USACE-Wilmington
Joanne Steenhuis, NCDWQ-Wilmington
Doug Huggett, NCDCM-Morehead City
Ellen Cornette, agent
File
Relstoru-?5... E k""... Prot" our Sta g
ROM
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
1'x: 1 ? F7_?'71I? ??T--cr17 s ?'017 Iri PJng1o,,7,7 r 1!F?lhcq! t4a7l

Re: Hofmann Credits For Site In Onslow County
Fdofioze "Glenn Catts" <[e-mail]>
io. "E Cornette" <[e-mail]>
Cc: "David Ashcraft" <[e-mail]>
Dear Ellen Cornette,
r
Tuesday, June 8, 2010 6:40 PNI
We have non-riparian credits available for sale to meet either a 2:1 or 1:1 mitigation rate for 0.121 acres of impact.
We do not, however, have any riparian credits available at this time.
The price per credit is $45,752, (so a purchase of 0.121 credits would require a payment of $5,535.99)
1 would verify with the Corp of Engineers that Hofmann Forest Wetland Mitigation Bank credits are a suitable source for your
project and what impact ratio you are required to satisfy.
If you should choose to purchase our credits please send payment along with your USACE Action ID # and the name of the
project (Mimosa Bay Phase 5) to:
Mr. David Ashcraft
Executive Director Development and College Relations
College of Natural Resources
3036 Biltmore Hall
Campus Box 8010
Raleigh, NC 27695
...and we will send you a receipt verifying your purchase in the mitigation of your wetland impacts and echoing the number
and type of credits purchased, your USACE Action ID # and project name
Please include your USACE Action ID # along with the name of your project in any further correspondence.
Thank you for your interest and cooperation and best of .luck with your project,
Glenn
Glenn P. Catts
Hofmann Forest Liaison
College of Natural Resources
North Carolina State University
2023 Biltmore Hall, PO Box 8002
Raleigh, NC 27695-8002
E Cornette wrote:
Dr. Catts,
The project site information is as follows:
Project Name: Mimosa Bay Phase 5
County: Onslow
http://us.mc3 56.mail.yahoo.com/mc/showMessage?sMid=7&filterBy=&.rand=482062408&midlndex=... 6/9/2010
ty.?: iarr_ F ??rF t rC ;flk Al
Basin: White Oak 03030001
Owner: Blue Marlin, LLC
Gordon Frieze
P.O. Box 1328
Wrightsville Beach, NC
Lat-Long Coordiantes of site: 34.523201, -77.411403
We need 0.121 Non-riparian credits and 0.083 Riparian credits.

Please confirm, per our telephone conversation, that there are no riparian credits available in Hufmann Forest
Mitigation Bank.
Thanks, Again!
Ellen Corvette, Agent
Wetlands Delineator
Applied Resource Management, PC
P.O. Box 882
Hampstead, NC 28443
[phone]
http://us.mc356.mail.yahoo.com/me/showMessage?sMid=7&filterBy=&.rand=482062408&midlndex=... 6/9/2010
AGENT AUTHORIZATION LETTER

May 24, 2010
US Army Corps of Engineers
Attn: Dave Bailey
Wilmington Field Office
69 Darlington Ave.
Wilmington, NC 28402
RE: Agent Authorization Letter
Mimosa Bay, Phase IV & V
Onslow County
Snead's Ferry, North Carolina
Gentlemen,
Blue Marlin, LLC, (Gordon Frieze) authorize Applied Resource Management, PC, and Ellen
Corvette to act as the agent for the permitting of the Mimosa Bay Development project.
If you have any questions please do not hesitate to contact Blue Marlin LLC at (910) 262-
5450 or Ellen Corvette at [phone].
Sincer ly,
Gordon Frieze
Manager
EXPIRED USACE PERMIT
a '
3
WILL GIONDISIPTCI
Action ID. 2005-764-067 County: Onslo?v USGS Quad. meads Ferry
3
GENERAL PER T (REGIONAL AND NATIONWI]DE) VIER CATION
Property Owner: Blue Marlin LLC Agent: Applied Resource Management, P.C.
Addrest: attn. Gordon Frieze attn• EIlen F. Cornette
P-0-Box 1328 P.O: Box 882
Wrightsville Beach, NC 284$0 Llamnstead, NC 28443
Telephone No.: 910-262-5450 910-270-2919
Size and location of property (water body, road name/number, town, etc): The 115 acre Phase V of Mimosa Ba
Subdivision is located off Old Folkston Road Lust southeast of Mill Creek ad'acent to Alli ator Ba .
Description of projects area and activity: This verification co ers the installation of three 'urisdicfional crossin s
imnanfrnir /? fly(,? ?nrnc n.+;r.....;.... ?,.a7...a- _a n trsn
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
0 Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW-39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application signed and dated 8/31/2006 and "wetlands disturbance overall site plan" figure 6,
wetlands disturbance area 1(dated 11/21/2006), wetlands disturbance area 2 (dated 11/21/2006), and wetlands disturbance
area 3 (dated 3/1/2007). Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified; reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. )furthermore, if you commence or are under contract to commence this activity.before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date. identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under an NWP.
Actives subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
'If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Brad Shaver at 910-251A611.
Corps regulatory Official Date: 3-57-2&?}-
Expiration Date of Verification: 3/1812007
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 http://www saw usace army mi!N TLANDS/index html to
complete the survey online.
Copy Furnished:
NCDENR-DWQ attn: Joanne Steenhuis 127 Cardinal Drive Wilmington, NC 28405.
DEEDS
(Page 1 of 4 )
•
??d r

The attorney preparing this instrument has
made no record search or title examination
as to the property herein described,
unless the same is shown by his written
and signed certificate.
Excise Tax #
I??IIIA?Nf ?4??N???
Doc ID: Og0 9 0004 Type.. CRP
Fee oAmtd 005pageat of 43 gg PM
Excise Ta$87x: $@80.00
On 8'" Tho;afRegister of NC - Deeds
SK2443 PG625628
Recording: Time, Book and Page
Tax Lot No.? Parcel Identifier No.:
Verified By: County on the day of ?, 2004
Return to closing attorney: This deed presented to
rE.
Mail after recording to: , .1 W!;9-8X Mice
Lacr ?` lerr Ay/%--
This instrument prepared by: Biberstsin 6 Nunales, Attorneys at Law, P. O. Box 428,
Burgaw, NC 28425.
Brief Desc. for the Index 39.75 acres
NORTH CAROLINA WMAL NARPJWTY DWM
THIS DEED made this 12th day of May, 200-5, by and between:
GRANTOR cPArrst
Pittman and Pittman, Inc., a North Blue Marlin, L.L.C.
Carolina corporation
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the
receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell
and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated
in Onslow County, Borth Carolina and more particularly described as follows:
Being all of that tract containing 39.75 acres more or less as more fully described in
Exhibit A attached hereto.
Book 2443. Paae 625_ File Ntmiber
r
(Pagfe i cz 4)
•
EXHIBIT A
A certain tract or parcel of land lying and being in Stump Sound Township,
Onslow County, North Carolina and being the Pittman and Pittman tract as
described in deed book 1174 page 356, records of Onslow County, North Carolina
and being more particularly described as follows:
Beginning at an iron on the southern right of way of S.R. 1518 - Old Polkstone
Road (60 ft. public right of way), said iron is located N 23-10-45 W 42.42 ft.
from N.C. Grid Monument "Grant", said N.C. Grid Monument "Grant" is located S
12-25-38 W 184.48 ft. form N.C. Grid Monument "Grant No. 4", said iron is also
located S 39-07-24 W 1735.79 ft. from the intersection of the centerline of S.R.
1553 - Chadwick Acres Road: Proceed from said point of beginning and with the
western line of tract A (map book 34 page 5) S 23-04-26 E a distance of 456.99
ft. to an iron, with a ditch and the line of the Graham Yopp tract (deed book
1821 page 900) S 00-14-02 E a distance of 1483.97 ft. to an iron, thence with
said Graham Yopp's line S 83-09-55 W a distance of 1082.65 ft. to an iron in the
run of Gum Branch, thence with Gum Branch N 38-59-02 W a distance of 128.47 ft.
to an iron, thence N 21-02-08 W a distance of 35.90 ft. to an iron, thence N
06-39-49 W a distance of 99.83 ft. to an iron, thence N 02-33-44 E a distance
of 46.39 ft. to an iron, thence N 13-14-55 E a distance of 53.83 ft. to an
iron, thence N 24-23-19 E a distance of 158.45 ft. to an iron, thence N 15-43-
10 E a distance of 172.13 ft. to an iron, thence N 18-38-23 W a distance of
292.59 ft. to an iron, thence N 29-34-18 W a distance of 106.00 ft. to an iron
on the southern right of way of said S.R. 1518, thence with said right of way, N
44-58-20 E a distance of 1304.79 ft. to a point, thence N 43-39-30 E a distance
of 135.07 ft. to the point of beginning and containing 39.75 acres according to
a survey by Hanover Design Services, P.A. in 2005.
Ail bearings are N.C. Grid NAD 1983
Book 2443. Pave 625. File Nbmber
(Page .I, ot s)
1
The attorney preparing this instrument has
made no record search or title examination
as to the property herein described,
unless the same is shown by his written
and signed certificate.
Ill?l?l?l?lllill?lllbll???
Reeor'ld: 05/12%20055 at7OS:20:33 PM
Fee Amt: $1,526,00 Page i of 3
Excise Tax; $1,806.00
Onslou County, NC
Mildred M Thomas Register of/?Deeds
BK2443 pG622-624
Excise Tax I E)olp AL Recording: Time, Book and Page
Tax Parcel Identifier No.:
Return to. _ Thic A"A presented to
Mail after recording to: Theo b Co 2x0ftice
This instrument prepared by: Siberstein i Nunalee, Attorneys at Law, P. O. Box 429,
Burgaw, NC 29425.
Brief Desc. for the Index 1 75.27 acres
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 161"t' day of -May, 2005, by and between:
C1tANTOR ? Gili71NTE8
Graham O'Neil Yopp and wife, Betty Lewis Blue Marlin, L.L.C.
Yopp
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the
receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell
and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated
in Stump Sound Township, Onslow County, North Carolina and more particularly described as
follows:
Being all of that tract containing 75.27 acres more or less as more fully
described on Exhibit A attached.
The property hereinabove described was acquired by Grantor by instrument recorded in Book
1821, Page 900.
'Book 2443. Paae 622. File Number
(Pace .? c .f 3)

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in, fee
simple, has the right ro convey the same in fee simple, that title is marketable and free and
clear of all encumbrances, and that Grantor will warrant and defend the title against the
lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereirabove described is subject to the following exceptions:
1. Restrictions of record.
2. Ad valorem taxes for the year 2005.
3. Routine utility easements and highway rights of way.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, ar if corporate,
has caused this instrument to be signed in its corporate name by its duly authorized officers
and its seal to be hereunto affixed by authority of its Board of Directors, the day and year
first above written.
EAL)
Gra am O'Neal Yopp
(SEAL)
Betsy L wis Yopp
STATE OF NWTH CAROLINA
COUNTY OF {! r
I? dew, a Notary Public in and for the aforesaid County and State,
do hereby certify t 'hat Graham O'Neal Yopp and Betty Lewis Yopp personally appeared before me
this day and acknowledged the due execution of the foregoing instrument-
Witness my hand and notarial seal this the 12ib day of May, 2005.
t L413
Notary Public
My Commission Expires: 5-JA%.a?y vt.C7
OFFICIAL SEAL
Notary PuMte. North Carolina
County of Ponder
KIMBERLY F. SANDERS
The foreqoinq certificate of Public, is
ce NORTH CAROLINA, ONSLOW COUNTY ?/ q red at the
d` The foregoing certificate(s) of. t?
is/are certified to be confect. This instrument and this certificate are duly registered at the date and
time and in he $ k and Pa s qwn on the first page hereof.
Register of Deeds for Onslow County
-
F: Deputy/Assistant-Register of Deeds
,y --
North Carolina General Warranty Deed prepared by:
Biberstein & Nunalee, Attorneys at Law Page 2 of 2
Book 2443. Pave 622. File Number
Response to email dated
August 25, 2010
(With Large Master Plan)

Applied Keoource Management, F.C.
September 25, 2010
US Army Corps of Engineers
Attn: Mr. Dave Bailey
Wilmington Field Office
69 Darlington Avenue
Wilmington, NC 28403
RE: Nationwide 29 Application Additional Question Responses
Mimosa Bay Subdivision, Phase 5 (V)
Snead's Ferry, Onslow County, North Carolina
USACE Action ID: 2005 00764
Dear Mr. Bailey,
This correspondence addresses your email dated August 25, 2010.
"1. The total cumulative permanent impacts of Mimosa Bay phases 1-4 (0.2822 ac + 0.001 ac) plus the
proposed impacts for phase 5 (0.1689 ac + 0.081 ac) exceed the threshold of loss of Waters of the US
for the NW permitting program (0.5 ac.). It is possible that calculated proposed impacts to the
jurisdictional non-RPW are actually smaller than reported. The impacts should be calculated as the
width between the ordinary high water mark on each side of the channel multiplied by the length of the
impact. If, once recalculated, the cumulative impacts still exceed 0.5 ac., redesigns of one or more of
the proposed impacts will be required to fit the NW permit program;"
Response: Impacts Phase 1-4: 0.3822 acres
Impacts Phase 5 (Impact Area 1): 0.0931 acres
Impacts Phase 5 (Impact Area 2): 0.0337acres
Impacts Phase 5 (Impact Area 3): 0.04612 acres
Open Water Impact: 0.03777 acres
Total Impacts: 0.49389 acres
The open water impacts were based a 19.6" average ordinary high water based on in field
measurements.
"2. The proposed wetland preservation areas were expanded from the previous application package.
However, it is difficult to discern a methodology for determining which areas are to be preserved and
which aren't. For example, the preservation area extends to some lot lines and not others. Please explain
the methodology of determining your wetland preservation area."
Response: See attached Master Plan. The central portion of Mimosa Bay Phase 5 will be under
preservation with no conditions. There is shown a 20' buffer adjacent to property lines
and proposed storm water features that will allow for mowing, maintenance and
potential surveying access. This buffer area will allow be restricted from filling or
f'.0. Box 882
Hampstead, NC 28443
910.270.2919
FAX [phone]
September 25, 2010
Page 2
excavation of the 404 wetland area. The wetlands on the individual lots will be
covered by the preservation document in the restrictive covenants with the same
restrictions as the 20' buffer area.
"3. Given the preservation proposal, including allowing cutting and maintenance ofvegetation in wetlands -
but not fill - within lots, and fully preserving wetlands in certain common areas, we will require a
compensatory mitigation ratio of 1.5:1. As such, ifthe current wetland impact proposal does not change,
the following compensatory mitigation will be required:
a. Riparian wetlands = 0.0487 ac impact * 1.5 = 0.0703 ac mitigation required. NCEEP will only
accept payment in 0.25 ac increments.
Response: Adjusted Impact : 0.04612 acres at *1.5 = 0.06918 acres
b. Non-riparian wetlands = 0.1202 ac impact * 1.5 = 0.18 ac mitigation required. However, given the
mitigation overage for the riparian wetland impacts, we will only require 0.1202 ac. to be purchased
from Hofinann Forest Wetland Mitigation Bank."
Response: Adjusted Impact: 0.1268 acres at *1.5 = 0.1902 acres
"4. Please explain the need for the temporary stream impact to Grainger Branch."
Response: From the original phase of this project, the proposed bridge would require fill to be
places to the creek bank. Upon installation it was proposed to repair any impacts
back to their original conditions. However, since the original proposal; a new bridge
design has been selected. As shown on the Master Plan the impact footprint has
been reduces, and the banks will no longer be designated as a permanent impact
area. The temporary impact remains in the application, in the event, during
construction there is an inadvertent impact. Any impacts will be mitigated as required.
There has been an overall subdivision plan change, due to the availability of sewerage on the
county sewer system. These changes do not increase the proposed impacts, and actually have
allowed for the reductions shown. Through discussion with the project manager, the bridge was
re-design to reduce construction issues and in turn the impact is proposed to be reduced due to
installation techniques.
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. Cornette, R.E.H.S.
Project Geologist
Large copy of Master Plan
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