20071401 Ver 3_401 Application_20101010

WITHERS &" RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
1410 COMMONWEALTH DRIVE, SUITE ioi
WILMINGTON, NORTH CAROLINA, 28403
[phone]
FAX [phone]
TO: NC Division of Water Quality - 4o1 Wetlands Unit
2321 Crabtree Blvd, Suite 250
Raleigh, NC 276o4
WE ARE SENDING YOU
? Shop Drawings
? Copy of Letter
® Attached
? Prints
? Change order

DATE 10127110 10BN0. 0308o678.00
ATTENnoN Mr. Ian McMillan
PHONE #
919-733-1786
RE:
211/Midway Road Improvements
NWP 1 PCN Submittal

k9rol u

? Under separate cover via
? Plans ? Samples
? Diskette ?
the following items:
? Specifications
COPIES DATE NO. DESCRIPTION
1 10/22/10 0 o8o678.oo Check for Application Fee
10/25/10 0 o8o678.oo 211/Midway Road Improvements NWP 1 PCN

a

OCT
0
THESE ARE TRANSMITTED as checked below:
® For approval ? Approved as submitted
? For your use ? Approved as noted
? As requested ? Returned for corrections
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS:
Signature:
Date:
"""?AMDSj w I
? Resubmit copies for approval
? Submit copies for distribution
? Return corrected prints
COPY TO: File SIGNED: Troy Beasley
if enclosures are not as noted, kindly notify as at once.
WITHERS RAVEN EL
FNi; NF. F RS !'1 A N N F RS SI;RV[ YQRS
October 25, 2010
US Army Corps of Engineers
Wilmington Field Office
Attn: Mr. Ronnie Smith
69 Darlington Avenue
Wilmington, NC 28405
NC-Division of Water Quality
401 Wetlands Unit
Attn: Mr. [an McMillan
2321 Crabtree Blvd, Suite 250
Raleigh, North Carolina 27604-2260
Re: Hwy 211 and Midway Road Improvements - Permit Modification Request
Corps AID #SAW-2005-833
DWQ Project #07-140I>e Y3
W&R Project #02090434.00
Dear Mr. Smith and Mr. McMillan,
On behalf of MDI Management, Inc we are requesting Corps authorization to utilize a NWP 14 for 0.16 acres of
permanent wetland impacts and 43 if of permanent stream impacts as a result of the proposed road
improvements. We are also requesting 401 Certification from DWQ. A copy of this application has been
provided directly to Chad Coburn in the DWQ Wilmington Office.
The project is located at the intersection of Hwy 211 and Midway Road, in the Midway Township, Brunswick
County (Latitude: 33.971944N; Longitude: -78.13085W). The project is located in the Lumber River basin and
onsite waters drain to River Swamp. The Water Quality Classification for River Swamp is C;Sw and the Stream
Index Number is: 15-25-1-6-1. The cataloging unit for the site is 03040207.
Project History
The proposed road improvements are a requirement by NCDOT to accommodate traffic generated by the Two
Eleven Midway Commercial Center, located in the northwest quadrant of the intersection of Hwy 211 and
Midway Road. NWPs 18 and 39 were issued to Midway/211, LLC on November 20, 2007 (AID #2005-833),
authorizing wetland and stream impacts associated with the Two Eleven Midway Commercial Center. The NWP
18 authorized 0.09 acres of wetland impact and NWP 39 authorized 0.18 acres of wetland impact and 438 if of
stream impacts to facilitate construction of the commercial center. Since the 438 if of stream impacts occurred to
an unimportant, intermittent stream, the 300 if threshold was waived. A copy of the NWP has been provided as
an Appendix to the PCN.
Since the issuance of NWPs in 2007, Midway/211, LLC has dissolved and is no longer a functioning entity.
MDI Management, Inc., owner of the property, took over management and construction of the Two Eleven
Midway Commercial Center in August 2008. All authorized wetland and stream impacts were completed and
Special Conditions were satisfied prior to MDI Management, Inc taking over the project.
111 MacKenan Drive I Cary, NC 275111 tel.: [phone] fax: [phone] www.withersravenel.com I License No. C-0832
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
416 D Gallimore Dairy Road I Greensboro, NC 27409 1 tel: [phone] fax: [phone]
WITH ERS RAVEN EL
rto NFio? IavNFRS RvI--Y1R5
Mr. Ronnie Smith with the Corps of Engineers issued a Preliminary Jurisdictional Determination for the
proposed improvement corridor on August 5, 2010. A copy of the Preliminary JD has been provided as an
Appendix to the PCN.
Proposed Impacts
The proposed impacts consist of 0.16 acres of permanent wetland impacts and 43 If of permanent stream
impacts. The proposed stream impacts will result from extension of the existing culverts for the widening of the
road. The proposed stream impacts consist of 16 if of permanent impacts to an unimportant, intermittent channel
(Impact A) and 27 if of permanent impacts to an important, perennial channel (Impact CI). The proposed stream
and wetland impacts will occur as a result of widening of Hwy 211 for the construction of additional turning
lanes and receiving lane for a double left hand turn lane on Midway Road. The proposed road improvements are
required by NCDOT to accommodate traffic generated by the construction of the 211-Midway Commercial
Center. Since the impacts from the road improvements are required to accommodate traffic from the commercial
center, the proposed road improvement impacts are considered cumulative impacts with the impacts from the
211 -Midway Commercial Center. Since the cumulative impacts from the 211-Midway Commercial Center and
proposed road improvements are less than 0.5 acres of wetland and less than 300 If of perennial streams
combined, the proposed road improvements meet the impact threshold for a NWP, and is eligible for
authorization under a NWP 14.
211-Midway Road Improvements
Cumulative Wetland Impact Table
P
t W
tl
d I Stream Impacts
rojec e
an
mpacts
Perennial Intermittent
211-Midway Commercial

Center
0.27 acres
N/A 438 If

AID #SAW-2005-833 (Unimportant Channel)
211-Midway Road

Improvements
0.16 acres
27 if 16 If

(Current Application) (Unimportant Channel)
454 If
Total Impacts 0.43 acres 27 if (300 If threshold waived in
previous permit: AID
#SAW-2005-833)
Avoidance and Minimization
Since the proposed project consists of the widening and improvements to an existing road, avoidance and
minimization of wetland and stream impacts could not be achieved.
During construction of the proposed project, silt fencing will be installed along all disturbed areas to prevent
sediment from escaping the project site.
WITHERS \ RAVENEL Page 2 of 3
WITHERS RAVEN EL
N" NE F RS PI AN N E R S S I! R w F Y0 R S
Mitigation
The proposed 0.16 acres of permanent wetland impacts will occur within wetlands located within a regularly
maintained (mowed) NCDOT Right-of-Way. As a result of the frequent mowing, the functional value of the
wetlands is extremely low. Also, as a result of EEP only selling credits in 0.25 acre increments, the applicant
purchased 0.5 acres of wetland mitigation for the 0.27 acres of wetland impacts associated with the Two Eleven
Midway Commercial Center. Therefore, the applicant purchased an additional 0.23 acres of excess mitigation
beyond what was required by the Corps of Engineers. Due to the small size of the proposed wetland impacts
(0.16 acres), the low quality of the wetlands proposed for impact and the excess wetland mitigation purchased for
the Two Eleven Midway Commercial Center, mitigation is not proposed for the wetland impacts from the
proposed road improvements.
The applicant proposes a 1:1 mitigation ratio for the 43 if of proposed stream impacts. Therefore, the applicant
proposes to purchase 43 liner feet of stream mitigation from the Ecosystem Enhancement Program (EEP). A
copy of the Letter of Reservation from EEP has been provided as an Appendix to the PCN.
The current request is for 0.16 acres of permanent impacts to jurisdictional wetlands and 43 if of
permanent impacts to jurisdictional streams (see the attached maps and PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely,
Troy Beasley
Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization
• Figures
• Preliminary JD
• 211-Midway Commercial Center NWP 18 and 39
• 211-Midway Commercial Center 401 Certification
• EEP Letter of Reservation
WITHERS .V\ RAVENEL Page 3 of 3
wA r?Rac
1 1 >
'D? -t f?10 1 03
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. Processing120 Fourth
1 a. Type(s) of approval sought from the

Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ® Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ® Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: 211-Midway Road Improvements
2b. County: Brunswick
2c. Nearest municipality / town: Midway
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information OCT 2 Z Zn
3a. Name(s) on Recorded Deed: N/A - Linear Project DENR_
3b. Deed Book and Page No. N/A 03 AND STMIlir TWORANC8
3c. Responsible Party (for LLC if
applicable): N/A
3d. Street address: N/A
3e. City, state, zip: N/A
3f. Telephone no.: N/A
3g. Fax no.: N/A
3h. Email address: N/A
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Developer of Two Eleven Midway Commercial
Center
4b. Name: Roger Henderson
4c. Business name
(if applicable): MDI Management, INC.
4d. Street address: 120 Fourth Street
4e. City, state, zip: Hickory, NC 28602
4f. Telephone no.: 336-775-3005
4g. Fax no.:
4h. Email address: Roger. [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Troy Beasley
5b. Business name
(if applicable): Withers and Ravenel
5c. Street address: 1410 Commonwealth Drive, Suite 101
5d. City, state, zip: Wilmington, NC 28403
5e. Telephone no.: 910-256-9277
5f. Fax no.: 910-256-2584
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): N/A- DOT ROW
1 b. Site coordinates (in decimal degrees): Latitude: 33.971944N Longitude: - 78.13085W
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: N/A acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to River Swamp
proposed project:
2b. Water Quality Classification of nearest receiving water: C;Sw
2c. River basin: Lumber
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 project consists of the widening of SR 211 and Midway Road. The general land use in the vicinity of the project
consists primarily of undeveloped land.
3b. List the total estimated acreage of all existing wetlands on the property:
N/A - Linear Project
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A - Linear project
3d. Explain the purpose of the proposed project:
The purpose of the project is to improve Hwy 211 and Midway Road by widening the road for construction of turning lanes
and a receiving lane for the double left turn on Midway Road. The proposed road improvements are a requirement by
NCDOT to accommodate traffic generated by the construction of the Two Eleven Midway Commercial Center.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project consists of improvements to Hwy 211 and Midway to accommodate traffic generated by the Two Eleven
Midway Commercial Center. Standard commercial construction equipment will be used to construct the improvements.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
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: Withers and Ravenel
Name (if known): Troy Beasley Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Ronnie Smith with the Corps of Engineers issued a Preliminary JD on 8/5/10. A copy of the Preliminary JD has been
provided as an Appendix.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A NWP 18 & 39 was issued for the Two Eleven Midway Commercial Center by Ms. Kim Garvey with the Corps of
Engineers on 11/20/2007 (AID #SAW-2005-833). A copy of the permit has been provided as an Appendix.
A 401 Water Quality Certification (DWQ Project #07-1401 v2 was issued for the Two Eleven Midway Commercial Center
by NC DWQ on April 15, 2009. A copy of the 401 WQC has been provided as an Appendix.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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 T
B1 ®P ? T Fill Herbaceous ? Yes
® No ® Corps
® DWQ
0.02 acres
C2 ®P ? T Fill Herbaceous ? Yes
® No ® Corps
® DWQ
0.07 acres
C3 ® P ? T Fill Herbaceous ? Yes
® No ® Corps
® DWQ
0.07 acres
2g. Total wetland impacts 0.16 acres
2h. Comments:
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)
A ®P ? T Culvert Extension UT to River ? PER ® Corps
3'
16 If
Swamp ® INT ® DWQ
C1 ®P ? T Culvert Extension River Swamp ® PER
? INT ® Corps
® DWQ 6' 27 If
3h. Total stream and tributary impacts 43 If
3i. Comments:
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 individually 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 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? 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 T impact required?
131 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ? P ? T ? Yes
? No
6h. Total buffer impacts
6i. Comments:
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.
Since the proposed project consists of the widening and improvements to an existing road and is confined to the NCDOT
Right-of-Way, avoidance and minimization of wetland and stream impacts could not be achieved.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
During construction of the proposed project, silt fencing will be installed along all disturbed areas to prevent sediment from
escaping the project site.
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ® Yes ? No
2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

®Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ® Yes
4b. Stream mitigation requested: 43 linear feet
4c. If using stream mitigation, stream temperature: ® warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): N/A square feet
4e. Riparian wetland mitigation requested: N/A acres
4f. Non-riparian wetland mitigation requested: N/A acres
4g. Coastal (tidal) wetland mitigation requested: N/A acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
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 ® 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).
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
F1 Yes No
?
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? N/A Linear Project
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
Widening of existing roads only. Existing grassed swales will be relocated to accommodate widening.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? 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? ? Yes ? No
Page 8 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
? Yes
? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed road improvements are not anticipated to promote additional development in the area th at would impact
nearby downstream water quality.
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.
N/A
Page 9 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?
E:1 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?
W&R reviewed the NC OneMap Viewer GIS website, located at http://www.nconemap.net/Default.aspx?tabid=286, to
identify if any potential occurrence of endangered species on or near the proposed project. The review of the GIS
database identified several historic occurrences of endangered species within one mile of the project site. The database
identified that and occurrence of Red Cockaded Woodpeckers existed within one mile of the project site, but the accuracy
of the location was very low, and the species was last observed in 1979. The database also identified that Venus Flytrap,
Dissected Sneezeweed and Threadleaf Sundew have been observed within one mile of the project site, as recently as
2006. However, the proposed project consists of the widening of existing roads within an existing maintained NCDOT
Right of Way. There were no endangered species or potential habitat observed within the ROW. Therefore, it was
determined that the proposed project will not affect endangered species or designate habitat.
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?
W&R reviewed the NOAA.Essential Fish Habitat online mapper, located at:
http://sharpfin.nmfs.noaa.qov/website/EFH Mapper/map.aspx. River Swamp is not classified as EFH, and there were no
EFH waters within 2.0 miles of the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The project consists of widening existing roads within an existing, maintained NC DOT right-of-way. Therefore, it is very
unlikely that the project would impact historic or archeological resources.
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?
Troy Beasley 10/25/10
Withers and Ravenel Applic t/Agent's Signature

(Agent's signature is valid my if an authorization letter from the applica t Date
is provided.)
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
AGENT AUTHORIZATION
WITHERS &- RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned purchaser(s)/owner(s) 1'Kl?- -- M(6- ,J;N , do(es) hereby appoint Troy
Beasley / Withers & Ravenel Inc. as his, her, or it's exclusive agent for the purpose of petitioning
the appropriate local, state and federal environmental regulatory agencies (US Army Corps of
Engineers, NC Division of Water Quality, NC Division of Coastal Management, etc.) for: a) review
and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface
waters, etc.) and/or; b) preparation and submittal of appropriate environmental permit
applications/requests for the 211 - Midway Road Improvements.
The owner does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies.
This agreement shall continue in effect until completion of the contracted task or termination by
the property owner,
Date: 7 - L" 1 b
Agent's Name, Address & Telephone: Signature of Owner(s):
Troy Beasley /Withers & Ravenel Inc. ?? nt?t IZl-tZiII?1` , (s?"?
(Name - Print) (Title) I
1410 Commonwealth Drive, Suite 101
Wilmington, NC 28403M_
ignature)
Tel. [phone]
Mailing Address
City State Zip
1410 Commonwealth Drive, Suite ioi Wilmington, North Carolina 28403 tel: [phone] fax:[phone]
www.withersravenel.com
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CORPS PRELIMINARY JD
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): July 14, 2010
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Mr. Roger Henderson
Midway/211. LLC
6131 Oleander Drive, Suite A
Wilmington, NC 28403
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, SR
211 and Midway Road Improvements, SAW-2005-00833
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The
project is known as the SR 211 and Midway Road Improvements Project and is
located at the intersection and along the ROW of Midway Road and N.C.
Highway 211, west of St. James, Brunswick County, North Carolina.
State: NC
County/parish/borough: Brunswick
City: St. James
Center coordinates of site (lat/long in degree decimal format): Lat. 33.97222°
N, Long. -78.13111 ° W.
Universal Transverse Mercator:
Name of nearest waterbody: River Swamp
Identify (estimate) amount of waters in the review area:
Non-wetland waters: 150 linear feet: 4 width (ft) and/or acres.
Cowardin Class: Riverine
Stream Flow: Perennial and Intermittent
Wetlands: - 20,800 square feet/- 0.5 acres.
Cowardin Class: Emergent
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non-Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
? Office (Desk) Determination. Date:
® Field Determination. Date(s): July 7, 2010
1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre-construction notification" (PCN), or requests verification for a non-reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary_JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "may be"waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply
- checked items should be included in case file and, where checked and
requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant: Withers and Ravenel.
® Data sheets prepared/submitted by or on behalf of the
applicant/consultant,
® Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Lockwoods
Folly-NL24K.
Z USDA Natural Resources Conservation Service Soil Survey.
Citation: Brunswick County Soil Survey
? National wetlands inventory map(s). Cite name:
? State/Local wetland inventory map(s):
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum
of 1929)
® Photographs: ® Aerial (Name & Date): 06' Aerials.
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
? Other information (please specify):.
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and shoul_d_ not be relied upon for
later jurisdictional determinations.
3
io
Ronnie Smit g ?I
Signature and date of
Regulatory Project Manager
(REQUIRED)
l
Signa a and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)
4
The following sites are accurately depicted on the 404 Wetlands Exhibit, dated
Jul 29, 2010, for the SR 211 and Midwa Road Improvements ro'ect.
Estimated
Site Cowardin amount of Class of
number Latitude Longitude Class aquatic aquatic
resource in resource
review area
Wetland 33.97302 -78.13475 emergent 1500 sq ft non-section 10
A -wetland
Wetland 33.97186 -78.13011 emergent 1500 sq ft non-section 10
B -wetland
Wetland 33.9712 -78.12893 emergent 16000 sq ft non-section 10
C -wetland
Wetland 33.97178 -78.12811 emergent 1800 sq ft non-section 10
D -wetland
Stream 33.97302 -78.13475 riverine -75 if non-section 10
1 /ditch -non-wetland
Stream 33.9712 -78.12893 riverine -75 If non-section 10
2 -non-wetland
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211-MIDWAY COMMERCIAL CENTER NWP
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2405-833 County: Brunswick USES Quad: Lockwoods Folly
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mfdway/211, LLC
Address: c/o Jane Whitt Sellers
6131 Oleander Drive, Sulte A
Wilmington, NC 28403
Telephone No.: [phone]
Size and location of property (water body, road name/number, town, etc.): The 40 acre parcel is located at the
northivest corner of Midway /toad and Ilwy 211 and is intended to be the Two Eleven Midwa
Commercial Center. Waters and wetlands on the site drain to and are adjacent to River Swamp.
Description of projects area and activity: This authorization is for the following activities: Nationwide
feet of stream to facilitate access in the commercial center.
Applicable Law: Section 404 (Clean Water Act, 331JSC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Nurnber:
Nationwide Permit Number: 18 & 39
line
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the atiached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans way
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 he
modified, reissued, or revoked prior to Marcll 18, 2012. 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 continence or are under contract to
conwnence this activity before the date that the relevant nationwide pernnit 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 tinder the preseut 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 tinder any NWP.
Activities 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
(CANIA), prior to beginning work you must contact the N.C, Division of Coastal Management
in Wilmington, NC, at [phone].
This Department of the Army n erifncatnotsloes not relieve the pCz 1jW1; of t11 responsibility to obtain any other required
Federal, State or local approvals/petrnitsy` =
If there are any questions regatdipg this rifieatio91.anty nrdle Conditions of the Permit, or the Cops of Engineers
regulatory prograut, please ilia r iint I- Cra y at ?tk0) 2 1-4482.,x'
Corps Regulatory Officia(? --11
,- { `? Date: l 1/20/2007
r
Expiration Date of Verification(,, 111 0l200, t? ?? ??
Determination ol'Jitrisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described
project area. This preliminary determination is not an appealable action wider the Regulatory Program Administrative
Appeal Process (Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area 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.
? There are waters of the US and/or wetlands within the above described project area subject to the perniitrequirements 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 notificalion.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please
reference jurisdictional determination issued 1/1712006, 1118/2006 Ca 1/19/21)06. Action ID SAW-2005-833, SAW-
Basis of Jurisdictional
Corps Regulatory Official:
Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUS"C
BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
The Wilmington District is committed to providing the highest level of support to (lie public. To help us ensure we continue
to do so, please complete the attached customer Satisfaction Survey or visit htq):i/re ulatory.usacesurvey,couii to complete
the survey online.
Copy Furnished:
Chad Coburn, NCDENR-DWQ, 127 Cardinal Drive, Wilmington, NC 28405
Matt Smith, Environmental Services, Inc., 1022 Graudiflora Drive, Suite 250, Leland, NC 28451
Action ID Number: SAW-2007-833 County: Brunswick
Permittec: Midway/211, LLC (c/o Jane Whitt Sellers)
Date Verification Issued: 11/20/2007
Project Manager: Kimberly Garvey
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to permit
suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date
ACTION ID it SAW-2005-833
SPECIAL CONDITIONS
1) In order to compensate for impacts to 0, lb acres of riparian wetlands the permitter shall make
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount
determined by the NC EEP, sufficient to perform the restoration of 0.16 acres of riparian
wetlands in the Limber River Basin, Cataloging Unit 03040207.
In order to compensate for impacts to 0.11 acres of non-riparian wetlands the pennittee shall
make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount
determined by the NC EEP, sufficient to perform the restoration of 0.11 acres of non-riparian
wetlands in the Lumber River Basin, Cataloging Unit 03040207.
Iii order to compensate for impacts to 438 linear feet of stream the permittee shall make payment
to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by
the NC EEP, sufficient to perform the restoration of 219 linear feet of stream in the Lumber
River Basin, Cataloging Unit 03040207.
Construction within jurisdictional areas on the property shall begin only after the permittee has
made full payment to the NC EEP and provided a copy of the payment documentation to the
Corps, and the NC EEP has provided written confirmation to the Coifs that it agrees to accept
responsibility for the mitigation work required, in compliance with the MOU between the North
Carolina Department of Environment and Natural Resources and the United States Army Corps
of Engineers, Wilmington District, dated November 4, 1998.
1) The Permittee shall execute and cause to be recorded in the Brunswick County Register of Deeds
a Restrictive Covenant or similar mechanism (see attached Model) for the purpose of
maintaining 1.45 acres of wetlands and 1020 linear feet of stream adjacent to River Swamp in
their natural and/or mitigated state in perpetuity, within 30 days of this verificatioai or prior to the
sale or conveyance of any of this property, whichever occurs first. A final survey map of the
development, sealed by the licensed surveyor, which clearly depicts the surveyed areas of
Conservation, must also be recorded with the Brunswick County Register of Deeds at the same
time the Declaration is recorded.
These provisions relating to wetlands cannot be amended or modified without the express written
consent of the U.S. Army Corps of Engineers, Wilmington District." *This includes changes as
a result of any local government drainage easement requirements*
The pennittee shall enfaree the terms of the Declaration and, prior to con'?pypnce of the property,
shall take no action on the property described in the Declaration inconsj-stent with the terms
thereof. The pennittee shall provide ,a copy of the recorded Declira 'fin and recorded Survey to
the Corps of Engine u within 15; 0` ys of recording.
Z2, ?1*
Corps Regulatory Official: ° mss, -/C3aDate:

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211-MIDWAY COMMERCIAL CENTER
401 CERTIFICATION
t?
DEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarv
April 15, 2009
Brunswick County
DWQ Project #: 07-1401v2
Nick Garrett Development, Inc.
C/o Scott Cooke
25 Wilmington Avenue
Wilmington NC 28403
Subject Property: 211/Midway Commercial Center
Approval of 401 Water Quality Certification with Additional Conditions (2°d Version)
Dear Mr. Cooke:
You have our approval, in accordance with the attached conditions to impact 0.265 acres of 404 Wetlands and 438
linear feet of stream for construction of a commercial center as described in your application received by the N.C.
Division of Water Quality (DWQ) on February 26, 2009. After reviewing your application, it has been determined
that the impacts are covered by General Water Quality Certification Numbers 3699 (GC3699) & 3705 (GC3705).
This 401 WQC replaces the one issued on December 14, 2007 (version 1). These general certifications can be found
on line at: http://h2o.enr.state.nc.us/ncwetlands/rd wetlands certifications.him.
The Certification(s) allows you to use Nationwide Permits 12, 18 & 39 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control,
Non-discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your project, you
must notify us and you may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to
follow the conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental
impacts:
Amount Approved (Units) Plan Location or Reference
404 Wetlands 0.317 acres PIE 5 of 11 in PCN
Perennial Stream-
' 438 (linear feet) Permanent Pa e 5 of 11 in PCN

Perennial Stt
cam
94 (linear feet) Tem orarv
Page 5 of 11 in PCN
iVii"r
rtht'a101ina
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Custom 5ervicel-877.623-87 1r7/t7 all ff
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] internee: h2o.enr.state.naus
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
2
21 1 & Midway Commercial Center
Brunswick County
2007-140tv2
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the CAMA Major application. All construction activities, including the
design, installation, operation, and maintenance of sediment and erosion control Best Management
Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur.
3. No Sediment & Erosion Control Measures wln Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the Division of Land
Resources has released the project.
4. Culvert Installation
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20% of
the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water
and aquatic life. Design and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide
evidence that the equilibrium shall be maintained if requested in writing by DWQ. Culverts required for this
project shall be installed in such a manner that the original stream profiles are not altered. Existing stream
dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained
above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life
movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become
perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the
pipes shall be removed and re-installed correctly.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of
Completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
6. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCG010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated
by conditions in the permit. If your project is covered by this permit [applicable to construction
projects that disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements are required.
A copy of this permit and monitoring report forms may be found at hnn://h2o.enr.state.nc.us/su/Fornts Documents.hlm.
7. Sewer Systems
The project shall comply with 15A NCAC 2I-I .0219(i)(2)(G) and all other State, Federal and local sewer
system regulations.
3
211 & Midway Commercial Center
Brunswick County
2007-1401v2
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this
letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Chad
Coburn in the DWQ Wilmington Regional Office at 910-796-7215.
Sincerely,

Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3699 & GC 3705
Certificate of Completion
cc: Matt Smith - ESI, Inc., 1022 Grandiflora Drive, Suite 250, Leland, NC 28451
Michael Green- MDI Management, Inc., 120 4`h Street SW, Hickory, NC 28602
Kimberly Garvey - USACE Wilmington Field Office
Ian McMillan - DWQ 401 Oversight and Express Unit
W iRO
Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: _ Registration No. -- Date
EEP LETTER OF RESERVATION
Y
Ecosystem
PRO
GRAM
October 5, 2010
Roger Henderson
M131-Management, Inc.
120 Fourth St.
Hickory, NC 28602
Project: Two Eleven (211) Midway Road
Expiration of Acceptance: July. 5, 2011
County: Brunswick
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. 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 must also c0mR1Y with all other state, federal or local
government permits regulations or authorizations associated with the proyosed activity includingSL 2009-337: An Act to Promote
Compensatory Mitigation y Private Mitigation Banks.
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.
_J
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 Lumber 03040207 0 0 43 0 0 0 0 0
Credits Lumber 03040207 0 0 86 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. 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 N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee
instrument dated July 28, 2010.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely, /
William D. Gilmore, PE
Director
cc: Ian McMillan, NCDWQ Wetlands/401 Unit
Ronnie Smith, USACE-Wilmington
Chad Coburn, NCDWQ- Wilmington
Doug Huggett, NCDCM-Morehead City
Troy Beasley, agent
File
R.,stori;tg... E pd"... Protect Oar Stag
TPA
NCDMR-
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
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