20120025 Ver 1_USACE Permit_20120124

U S ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID# SAW 2005 00883 County Brunswick U S G S Quad Holden Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee The Bank of Hampton Roads
Attn Mr Mark Bowles, Senior Vice President Special Assets
Address 2235 Gateway Access Point
Suite 200 O @ V D
Raleigh, North Carolina 27607
Owner The Bank of Hampton Roads ]AN 2 4 2012
Special Assets
Address Post Office Box 1908 DENR WATER QUALITY
Elizabeth City, North Carolina 27906 WETLANDS AND STORMWATERBRANCH
Size and location of property (water body road name /number town etc ) The approximately 110 26 acre project area is
comprised of all or in part of the followma parcels 1830010407 1830010405, 183HAO0105, 183HAO0103. 183HAO0102. is
located in wetlands adjacent to Sharron Creek, at the southeast corner of Ocean Hiahwav (U S Highwav 17) and Cumbee
Road (NCSR 1131), in the municipality of Shallotte, Brunswick County, North Carolina
Latitude 33 98866N Longitude 78 20698W
Description of projects area and activity After the fact authorization for the excavation of and discharge of fill material into
approximately 0 14 acres of non riparian wetlands adjacent to Sharron Creek for the purpose of maintaining the residential
infrastructure associated with Phase 1 of the Sea Wynde development
Applicable Law ® Section 404 (Clean Water Act 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act 33 USC 403)
Authorization Regional General Permit Number or Nationwide Permit Number NWP 32 Completed Enforcement Actions
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 1/9/2012 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 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 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
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 (CAMA)
prior to beginning work you must contact the N C Division of Coastal Management in Wilmington NC at [phone]
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 Jennifer Frye at (910) 2514923 or at jenmfer s f ye(- )usace army mil
Corps Regulatory Official Jennifer S Fry ate 1/20/2012
Expiration Date of Verification 3/18/2012
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 / /per2 nwp usace army mil /survey html to complete the survey
online

Determination of Jurisdiction
A ❑ 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 under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 33 1)
B ❑ 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
C ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations
this determination may be relied upon for a period not to exceed five years from the date of this notification
D ® The Jurisdictional areas within the above described project area have been identified under a previous action Please reference
Jurisdictional determination issued 10/7/2005 and 9/23/2008 Action ID # SAW 2005 00883
Basis For Determination This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Regional
Supplement to the 87 Manual Atlantic and Gulf Coastal Plain Region, Phase 1 wetlands are adjacent to Williams Branch and Phase 3 wetlands are
adiacne to Sharron Creek Both Williams Branch and Sharron Creek are direct tributaries to the Shallotte River, a tidally influenced Navigable Water
of the U S This determination is based on information submitted by Land Management Group Inc site visits by the Corps in 2005 2008 2009 and
2010 and the U S Army Corps of Engineers Regulatory National Standard Operating Procedures for iurisdictional determinations and the Army/EPA
Rapanos guidance issued 6/5/2007
Attention USDA Program Participants
This del meation /determnation has been conducted to identify the limits of Corps Clean Water Act Jurisdiction for the particular site identified in
this request The del ineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985 If you or
your tenant are USDA Program participants or anticipate participation in USDA programs you should request a certified wetland determination
from the local office of the Natural Resources Conservation Service prior to starting work
F Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C
above)
This correspondence constitutes an approved Jurisdictional determination for the above described site If you object to this
determination you may request an administrative appeal under Corps regulations at 33 CFR Part 331 Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you
must submit a completed RFA form to the following address
US Army Corps of Engineers
South Atlantic Division
Attn Jason Steele Review Officer
60 Forsyth Street SW Room 1OM15
Atlanta Georgia 30303 8801
Phone [phone]
In order for an RFA to be accepted by the Corps the Corps must determine that it is complete that it meets the criteria for appeal
under 33 CFR part 3315 and that it has been received by the Division Office within 60 days of the date of the NAP Should you
decide to submit an RFA form it must be received at the above address by 4/20/2012
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence **
Corps Regulatory Official
Date 1/20/2012 Expiration Date 1/20/2017

Copy Furnished with attachments
Ms Kim Williams, LMG, Inc, 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
Mr Joel Strange, US EPA Regwn 4, Atlanta Federal Center, Wetlands Enforcement Section, 15`h Floor, 61 Forsyth Street
SW, Atlanta Georgia 30303
Mr Timothy P Sullivan, Poyner Spruill LLP, 301 Fayetteville Street, Suite 1900, Raleigh, NC 27601
Mr Chad Coburn, NC DENR DWO Wilmington Regional Office, 127 Cardinal Drive Ext , Wilmington, NC 28405
Copy Furnished without attachments
Mr Coleman Ramsey, Stone Farm Mitigation Bank, 11 Ocean Isle Causeway, Ocean Isle, NC 28469
Mfg. Ian McMillan NC DENR DWO, WEBSCAPE Unit 1650 Mail Service Center Raley h NC 27699 1650

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant Bank of Hampton Road- Number SAW 2005 00883
Date 1/20/2012
Attached is
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
F11
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I The following identifies your rights and options regarding an administrative appeal of the above decision
Additional information may be found at hn //www usace army mil /met/functions /cw /cecwo /rep, or
Corps regulations at 33 CFR Part 331
A INITIAL PROFFERED PERMIT You may accept or object to the permit
• ACCEPT If you received a Standard Permit you may sign the permit document and return it to the district engineer for final
authorization If you received a Letter of Permission (LOP) you may accept the LOP and your work is authorized Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety and waive all
rights to appeal the permit including its terms and conditions and approved jurisdictional determinations associated with the
permit
• OBJECT If you object to the permit (Standard or LOP) because of certain terms and conditions therein you may request
that the permit be modified accordingly You must complete Section II of this form and return the form to the district
engineer Your objections must be received by the district engineer within 60 days of the date of this notice or you will
forfeit your right to appeal the permit in the future Upon receipt of your letter the district engineer will evaluate your
objections and may (a) modify the permit to address all of your concerns (b) modify the permit to address some of your
objections or (c) not modify the permit having determined that the permit should be issued as previously written After
evaluating your objections the district engineer will send you a proffered permit for your reconsideration as indicated in
Section B below
B PROFFERED PERMIT You may accept or appeal the permit
• ACCEPT If you received a Standard Permit you may sign the permit document and return it to the district engineer for final
authorization If you received a Letter of Permission (LOP) you may accept the LOP and your work is authorized Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety and waive all
rights to appeal the permit including its terms and conditions and approved jurisdictional determinations associated with the
permit
• APPEAL If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer This form must be received by the division engineer within 60 days
of the date of this notice
C PERMIT DENIAL You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer This form must be received by the division
engineer within 60 days of the date of this notice
D APPROVED JURISDICTIONAL DETERMINATION You may accept or appeal the approved JD or provide new
information
• ACCEPT You do not need to notify the Corps to accept an approved JD Failure to notify the Corps within 60 days of the
date of this notice means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD
• APPEAL If you disagree with the approved JD you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer This form
must be received by the division engineer within 60 days of the date of this notice

E PRELIMINARY JURISDICTIONAL DETERMINATION You do not need to respond to the Corps regarding the
preliminary JD The Preliminary JD is not appealable If you wish you may request an approved JD (which may be appealed)
by contacting the Corps district for further instruction Also you may provide new information for further consideration by the
Corps to reevaluate the JD
SECTION II REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record )
ADDITIONAL INFORMATION The appeal is limited to a review of the administrative record the Corps memorandum for the
record of the appeal conference or meeting and any supplemental information that the review officer has determined is needed to
clarify the administrative record Neither the appellant nor the Corps may add new information or analyses to the record
However you may provide additional information to clarify the location of information that is already in the administrative
record
POINT OF CONTACT FOR QUESTIONS OR INFORMATION
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact
also contact
District Engineer, Wilmington Regulatory Division,
Mr Jason Steele Administrative Appeal Review Officer
Attn Jennifer S Frye, Enforcement Proiect Manager
CESAD PDO
69 Darlington Avenue
U S Army Corps of Engineers South Atlantic Division
Wilmington, North Carolina 28403
60 Forsyth Street Room 1OM15
Atlanta Georgia 30303 8801
Phone [phone]
RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engineers personnel and any government
consultants to conduct investigations of the project site during the course of the appeal process You will be provided a 15 day
notice of any site investigation and will have the opportuni to participate in all site investigations
Date
Telephone number
Signature of appellant or agent
For appeals on Initial Proffered Permits send this form to
District Engineer, Wilmington Regulatory Division Attn Jennifer S Frye, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to
Division Engineer, Commander, U S Army Engineer Division, South Atlantic, Attn Mr Jason Steele, Administrative
Appeal Officer CESAD PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303 8801
Phone [phone]

ACTION ID # SAW 2005 00883
SPECIAL CONDITIONS
1) In order to compensate for impacts to 0 14 acres of non riparian wetlands the permittee shall make payment to the Stone
Farm Regional Mitigation Bank in the amount determined by this group sufficient to perform the restoration of 0 20 acres of
non riparian wetlands in the Lower Pee Dee /Carolina Coastal Samptt (HUC 3040207) River Basin The permittee must
make full payment to the Stone Farm Regional Mitigation Bank and provide a copy of the payment documentation to the
Corps by March 18 2012 The permittee may not proceed with any additional construction at the project location aside from
approved restoration efforts as described below or sell or convey any portion of this property until the Corps receives the
written confirmation of payment Upon payment to Stone Farm Regional Mitigation Bank Stone Farm Mitigation Bank
LLC must follow the reporting instructions as specified in the Mitigation Banking Instrument regarding the use of available
credits
2) The permittee shall complete the on site restoration (approximately 0 22 acres of non riparian wetland in Phase 1 and 5 61
acres of non riparian wetland in Phase 2) and as described in the attached Wetland Restoration Plan for Sea Wynde
Plantation prepared by Land Management Group Inc The permittee must complete the restoration including vegetation
seeding by May 31 2012
3) The permittee shall implement monitoring of the on site restoration as described in the attached Restoration Plan The
permittee must submit the first annual report by May 31 2012 Monitoring shall continue annually for up to seven years or
until the Corps deems the site successful If after initial monitoring the site is not successful and hydrologic and/or
vegetation success is not expected the permittee must provide a contingency plan to the Corps for review and approval
4) The permittee shall submit to the Corps (for review and approval) by March 31 2012 a final survey plat for Phase 1 that
accurately depicts the Preservation Area (18 72 acres of non riparian wetlands)
5) The permittee shall submit to the Corps (for review and approval) by March 31 2012 a Conservation Declaration or
similar legal mechanism (see attached Wilmington District Process for Preservation of Mitigation Property) for the purpose
of maintaining the 18 72 acres of non riparian wetlands in Phase 1 as Preservation Areas in their natural and/or mitigated
state in perpetuity
6) The permittee shall execute and cause to be recorded in the Brunswick County Register of Deeds a Conservation Declaration
or similar legal mechanism for the purpose of mamtamingthe 18 72 acres of non riparian wetlands on Phase 1 as Preservation
Areas in their natural and/or mitigated and/or restored state in perpetuity by May 31 2011 or prior to the sale or conveyance
of any portion of this property whichever occurs first Upon recordation of the Declaration the permittee must also record at
the Brunswick County Register of Deeds a final survey map or legal description of the Preservation Areas which clearly
depicts the surveyed areas of Preservation Excluding the approved and required wetland restoration activities no person or
entity shall fill grade excavate or perform any other land disturbing activities nor construct any structures nor allow animal
grazing or watering or any other agricultural use on such Preservation areas The permittee shall enforce the terms of the
Declaration and prior to conveyance of the property shall take no action on the property described in the Declaration
inconsistent with the terms thereof The permittee shall provide a copy of the recorded Declaration and recorded Survey to
the Corps of Engineers within 15 days of recording 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
Corps Regulatory Official Jennifer S Fry ate 1/20/2012

Action ID Number SAW -2005 00883 County Brunswick
Permittee Bank of Hampton Roads
Date Verification Issued 1/20/2012
Project Manager Jennifer S Frve
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
Attn Jennifer S Frye
69 Darlington Avenue
Wilmington, North Carolina 28403
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
CESAW RG
Date