20070046 Ver 1_401 Application_20070107

WITHERS +~° RAVENEL
ENGINEERS I PLANNERS 1 SURVEYORS
704o WRIGHTSVILLE AVENUE, SUITE lol
WILMINGTON, NORTH CAROLINA, 28403
[phone]
FAX [phone]
TO: NC Division of Water Quality - 401 Wetlands Unit
a321 Crabtree Blvd
Raleigh, NC 27604-2260
~C~~CG~ ©G~ ~G~Q~]~S~~~II~~
Oah Ol/0 /O lOB NO. O O O S .OS
art><NnoN Ms. C ndi Karol
PHONE
RE:
Stonebrid eon Sunset NWP -, , , » r
. . , ~ i ~ ~ f
WE ARE SENDING YOU ®Attached ^ Under separate cover via the following items:
^ Shop Drawings ^ Prints ^ Plans ^ Samples ^ Specifications
^ Copy of Letter ^ Ghange order ^ Diskette ^
COPIES DATE NO. DESCRIPTION
1 os/o /0 0 0 0 8 .oi Stonebrid eon Sunset NWP PCN

~-

~ ~~ ~rlF
n

JHty ~ ~ _.
TWESE 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 ^
L)ENR - WAt°~A1E.R BRpty(a~
^ Resubmit copiA~6Eibgd'I~~~~I''
^ Submit copies for distribution
^ Retum corrected prints
^ FOR BIDS DUE 20 ^ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
Signature•
Date:
COPY T0: SIGNED: Troy Beasley
lfenNosures ere notas noted, klndtynvtifyus aronce.

M
WITHERS a RAVENEL
ENGINEERS I RLANNERS I SURVEYORS
20070046
January 4, 2007
US Army Corps of Engineers
Regulatory Field Office
Attn: Ms. Jennifer Frye
69 Darlington Avenue
Wilmingtan, NC 28403
Re: Stonebridge on Sunset
Previous AID# 2006-32598-010
W&R Project #03050583.01
NC-Division of Water Quality
401 Wetlands Unit
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604-2260
Dear Ms. Frye and Ms. Karoly,
~,t:~~r,.;~ENT
i", ~ i
RECEIVED
On behalf of MJ Property Development, LLC., we are requesting authorization from the USACE
to use NWP 39 for the placement of fill into 0.481 acres of Section 401 jurisdictional wetlands
and 0.031 acres of Section 404 jurisdictional wetlands for the construction of the proposed
project. A copy of this PCN has also been provided directly to Ms. Noelle Lutheran in the
Wilmington Field Office.
The site is located on Sunset Harbor Road, in Supply, Brunswick County. The project is
approximately 45.55 acres in size and is located in the Lumber River basin. The wetland
delineation was reviewed and approved by Ms. Jennifer Frye (AID #200632598010). A copy of
the signed JD Survey has been provided as an Appendix to the enclosed PCN.
The current request is for 0.487 acres of impacts to Section 401 jurisdictional wetlands and
0.031 acres of Section 404 jurisdictional wetlands (see the attached maps and PCN for
details).
Please feel free to call if you have questions or require additional information.
Sincerely,
- ~~
Troy B6asley
Environmental Scien Est
Attachments: NWP 39 PCN
Cc. Noelle Lutheran - DWQ Wilmington Field Office
JAN ~ 2007
t?ENR -'~1AT~R Q11AUTl'
Y'ETIJ~N~S AfJD 5TORI~N'1ATER BRN~ ~%~`
logo Wrightsville Avenue, Suite zoi Wilmington, North Carolina z84o3 tel: 9io-256-9277 fax: 9io-256-2584
www.withersravenel.com

Q s
Office Use Only: Form Version March OS
USAGE Action ID No. DWQ No. 2 ~ 0 ~ G O 4 6
(If any particular item is not applicable to this project, please enter °NOt .vppucan~e~~ or i~iti .~
I. Processing ~~~.~~~,"'-` ;
1. Check all of the approval(s) requested for this project: RF~E~V~~
^ Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 3
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. A licant Information ~D~ ~'~'''
PP ~~ ~~ ~~~~~~
1. Owner/Applicant Information ~~
Name: MJ Property Development LLC ~~ ~ 8 20(? 7
Mailing Address: 1508 Military Cutoff Road Suite 302 0=~
Wilmington NC 28403 ~~` R't'e s; ~ ~uAL~'~~
Telephone Number: 910-256-0101 Fax Number: 910-256-0515
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Trot/ Beasley
Company Affiliation: Withers and Ravenel
Mailing Address: 7040 Wrightsville Avenue,. Suite 101
Wilmington, NC 28403
Telephone Number: 910-256-9277 Fax Number:_ 910-256-2584
E-mail Address: tbeasley(c~hotmail com _
Updated 11/1/2005
Page 1 of 9

III. Project Information
5
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Stonebridge on Sunset
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 2020002
4. Location
County: Brunswick Nearest 'Town: Supply / Varnamtown
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From Wilmington, take
I-Iwy 17 South towards Shallotte. Take 211 East to Sunset Harbor Road. Make ri hg t on
Sunset Harbor Road, and travel approximately ile. The property is located just before
the intersection of Sunset Harbor Road and Harbor Ride Drive.
Site coordinates (For linear projects, such as a road or utility line, attach
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 33.9740 °N 78.1998
6. Property size (acres): X45.55 acres
7. Name of nearest receiving body of water: Mill Creek
8. River Basin: Lumber River
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admii~/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site consists of undeveloped land and a small
a sheet that
oW
Updated I l/1/2005
Page 2 of 9

agricultural area. The surrounding areas consist of a mixture of agricultural land use, and
both low density and medium density residential use.
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project will consist of a residential subdivision.
11. Explain the purpose of the proposed work:
The proposed project is meant to meet the rg owing demand for residential housing
Brunswick County.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number; application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.LP. project, along with
construction schedules. The onsite wetlands were reviewed and approved by Ms. Jennifer Fri
of the US Army Cords of Engineers on June 14, 2006 i AID#2006-32598-010). A copy of the
signed wetland survey and tearsheet have been provided as Appendix 1.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
There are no future permits antic~ated for the proposed project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to deterrnine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Updated 11/1/2005
Page 3 of 9

wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed project will result in
0.031 acres of impact to Federally regulated wetlands and 0.456 acres of impacts to isolated
wetlands as a result of construction of access roads and residential lots.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Wetland A Permanent Fill Isolated, Forested No 12,500 feet 0.299 ac
Wetland B Permanent Fill Forested Wetland No (2,200 feet 0.031 ac
Wetland G Permanent Fill Isolated, Shrub No X1040 feet 0.096 ac
Wetland H Permanent Fill Isolated, Shrub No 1600 feet 0.061 ac

Total Wetland Impact (acres) 0.487 ac
Total Wetland Impacts to Federally Regulated Wetlands (acres) 6.031 a~ '~
3. List the total acreage (estimated) of all existing wetlands on the property: X4.083 acres
4. Individually list all intermittent and perennial stream. impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply len~~th X width, then divide by 43,560.
Stream Impact
Number

(indicate on ma)
Stream Name
Type of Impact
Perennial or
1 nterm ittent? Average
Stream Width

Before Im act Impact
Length

(linear feet) Area of
impact

(acres)

NOT APPLICABLE

Total Stream Impact (by length and acreage)
Updated 11/1/2005
Page 4 of 9

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
Iill_ excavati~n_ dredgin~_ flnndin~_ drainage. bulkheads. etc.
Open Water Impact
Site Number
(indicate on -na) Na-ne of Waterbody
(,f applicable)
Type of I-npact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

NC)T AP~PLIC~-.~BLE

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres):
Wetland Impact (acres): 0.031 ac
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ®Yes ^ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
The nronosed aroiect will result in 0.456 acres of impacts to isolated wetlands. Due to the
landscape location of the isolated wetlands impacts to these areas could not be avoided
durin site planning The 0 456 acres of impacts to isolated wetlands are needed for
contruction of access roads, cul-de-sacs and lots 6, 7, 8, 22, 23 and 43.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
Updated I I/1/2005
Page 5 of 9

VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The proposed- project will
result in 0.487 acres of impacts to onsite wetlands (Federal - 0.031 ac; Isolated - 0.456 ac). The
proposed site plan has been designed to maximize development of onsite uplands, while
minimizing and avoiding impacts to onsite wetlands to the greatest extent possible. When
designing the proposed site plan, efforts were made to avoid all wetland impacts, but due to local
ordinances and setbacks, this was not an option. The proposed site plan will result in 0.031 acres
of impacts to the non-isolated wetlands. An additiona10:456 acres of wetland impacts will occur
to the smalh isolated wetlands located in the interior of the property. Due to the small size and
location of the isolated wetlands, the site plan could not be designed to avoid impacts to these
wetlands. The majority of the proposed wetland impacts are needed to construct roads and cul-
de-sac's required to access the various lots. The remainder of the impacts are needed as a result
of construction of lots 6, 7, 8, 22, 23 and 43. In order to provide assurance against future impacts
to onsite wetlands remaining in the post-development condition, a restrictive covenant will be
incorporated into the HOA documents. A copy of the proposed Restrictive Covenant language
and Conservation Area Exhibit have been provided as Appendix 2.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, ntigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, rest~~ring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Updated 11/1/2005
Page 6 of 9

VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The proposed project will
result in 0.487 acres of impacts to onsite wetlands (Federal - 0 031 ac• Isolated - 0 456 ac The
proposed site plan has been designed to maximize development of onsite uplands while
minimizinP and avoiding impacts to onsite wetlands to the greatest extent possible When
desi~nin~ the proposed site plan, efforts were made to avoid all wetland impacts but due to local
ordinances and setbacks this was not an option The proposed site plan will result in 0 031 acres
of impacts to the non-isolated wetlands. An additional 0.456 acres of wetland impacts will occur
to the small, isolated wetlands located in the interior of the property Due to the small size and
location of the isolated wetlands, the site plan could not be designed to avoid impacts to these
wetlands. The majority of the proposed wetland impacts are needed to construct roads and cul-
de-sac's required to access the various lots. The remainder of the impacts are needed as a result
of construction of lots 6, 7, 8, 22, 23 and 43. In order to provide assurance against future impacts
to onsite wetlands remaining in the post-development condition a restrictive covenant will be
incorporated into the HOA documents A copy of the proposed Restrictive Covenant lan uag_e
and Conservation Area Exhibit have been provided as Appendix 2.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and fmict~on and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the rrtitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Updated I1/1/2005
Page 6 of 9

Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetlands/strm~ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation for the 0.031 acres of impacts to Scction 404 wetlands will consist of the
preservation of the 3.6 acres of onsite wetlands remainin ig n the post development condition.
The onsite wetlands will be preserved through the implementation of a Restrictive Covenant
as discussed in Section VII of this application. A copy of the proposed Restrictive Covenant
language has been provided as Appendix 2. Due to the minute amount of impacts (0.031 ac)
to Section 404 wetlands and avoidance and minimization exhibited, no additional miti ag tion
is proposed.
Per Water Quality Certification #3402, Section 7: "In accordance with 15A NCAC 2H .0506
(h) compensatory mitigation may be required for impacts to 150 linear feet or more of
streams and/or one acre or more of wetlands for an entire project.", no additional miti ag tion
is anticipated for the proposed protect
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Enyironmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEP~, document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Updated l l/1/2005
Page 7 of 9

Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone I.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. In the existing condition, there is no impervious
surface. The site plan proposes the total impervious surface to be 34.8%, and will require a state
stormwater permit. The proposed impervious surface calculations can be reviewed in the
Development Data table located on the attached site plan. Onsite stormwater will be treated in a
Updated l l/1/2005
Page 8 of 9

high density stormwater treatment system consisting- of two wet detention ponds. A State
Stormwater Permit application has been submitted to DWQ (SW8-06-1038 and is currently
under review for approval.
XII. Sewage Disposal (required by DWQ)
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.
Sanitary sewer provided by Brunswick County.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ `Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No ^
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.ushlcwetlands. If no, please provide a short narrative description:
The proposed project will not result in additional development.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these .permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-dawn schedules for lakes, .dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
/ r ~~ ~~~-
~~3~~J
Appli~~nt/Agent's Signature
(Agent's signature is valid only if an
Updated 11/1/2005
` Date
zation letter from the applicant is provided.)
Page 9 of 9

AGENT AUTHORIZATION

s
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned owner(s),M.J. Properfi/ Development, LLC, do(es) hereby appoint Trov
Beaslev /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 Stonebridge on Sunset project.
The owner does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner:
(1) l'o 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 shal- continue in effect until completion of the contracted task or termination by
the property owner. `~,
Date:
Agent's Name, Address & Telephoner Signature of C7vvner(s):
Trov Beaslev /Withers &Ravenel. Inc. ~. ~p)r'Z ~ I ~r ~ tt~,t.c.;~~~, i V ~C~
®, Pr~~
7040 Wrightsville Avenue. Suite 101
Wilmington. NC 28403
Tel. [phone]
1,11 ~®\.Counry, North Carolina
I, La~'~i, . _)~,~~ O ~ , a Notary Public of the County and State aforesaid, certify that
~~,j~~-"C'. ~1~~,~fiF+~i ,personally appeared before me this day and acknowledged the execution
of the foregoing instrument. Witness my hand and official seal, this @ day ofi`'C'+~w1~1~2V ,
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U.S. ARMY CORPS OF ENGINEERS
Action Id. SAW-2006-32598-010
WII.,MINGTON DISTRICT
County: Brunswick U.S.G.S. Quad: Lockwoods Follv
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Thelton & Gloria Lancaster
Address: 557 Rose Avenue
Wilmington, NC 28403
Telephone No.:
Property description:
Size (acres) 45.91 Nearest Town Supply
Nearest Waterway UT To Mill Creek River Basin Lumber
USGS HUC 03040207 Coordinates N 33.9740 W 78.1998
Location description The parcel is located alone the southside of Sunset Harbor Road, lust east of Harbor Ridge
Drive, in wetlands adiacent to Mill Creek, east of Supply, North Carolina.
Indicate Which of the Following Auply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331).
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The waters of the U.S. including wetland on your property have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed
and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas. subject to CWA
jurisdiction on your property which, provided there is no change in the law or our published regulations, maybe relied
upon for a period not to exceed five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 6/14/2006. Unless there is a change in the law or our
published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this
notification.
_ here are no waters of the U.S.
e egr~arnent~•t9f~6~timr
~ ~ hed regulations, this deter
t~ ation ~ ~4 ?, r
'f s
X ~ operty is located in one q
heir r u~~rnets ~8#' '~,
Page l~~of 2
to ' Jude wetlands, present on the above described property which are subject to the
~}04t the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
'on may be relied upon for a period not to exceed five years from the date of this
s
0 Coastal Counties subject to regulation under the Coastal Area Management Act
ision of Coastal Management in Wilmington, NC, at [phone] to determine
,..;;:~

Action ID: ~At,1 • atR7G • 3a s~` $ ~ Qt a
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation bf Section 3.01 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Jennifer Frve at 910-251-4923.
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adjacent to an
unnamed tributary to Mill Creek, a tributary to the Lockwoods Folly River, a navigable Water of the U.S. This site also
contains a waterbody that exhibits an ordinary high water mark and is tributary to Mill Creek. This determination is
based on information submitted by Withers and Ravenel and a site visit by Jennifer Frve on 4/11/2006.
D. Remarks
Please be aware that this property also contains non-jurisdictional isolated wetlands. Please contact the North
Carolina Division of Water Quality at [phone] to discuss the State's regulations and requirements for these
waters.
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Following
address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M 15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the 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 8/14/2006.
**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 06/14/2006 Expiration Date 06/14/2011
Copy furnished:
MJ Property Development, LLC, 1508 Military Cutoff Rd., Suite 302, Wilmington, NC 28403
Troy Beasley, Withers &Ravenel, 7040 Wrightsville Avenue, Suite 101, Wilmington, NC 28403
Noelle Lutheran, DENR-DWQ WiRO, 127 Cardinal Drive Ext., Wilmington, NC 28405
Page 2 of 2

N ..
Restrictive Covenant Language
"The areas shown on the recorded plat for The Village at Sunset dated (XXX) as
conservation areas shall be maintained in perpetuity in their natural or mitigated
condition. No person or f;ntity shall perform any of the following activities on
such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary
structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area,
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural
purpose
This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United States of
America, U.S. Anny Corps of Engineers, Wilmington District, Action ID (To Be
Determined), 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."

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CONSERVATION AREA EXHIBIT
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P~ ~9g~1 THIS IS A CONSERVATION AREA IXHIBIT. PARCEL
/„~ BOUNDARY PER MAP BOOK: 35; PAGE.• 135 OF
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THE BRUNSWICK CO. REGISTRY.
~~'~ .~y,~ ~ A5 CONSERVATION
AREA A SEE PAGE 2 OF 2 FOR LINE CALL TABLES.
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CONSERVATION AREA EXHIBIT

DATE: 12/28/06 PAGE: 2 OF 2
PROJECT NO.: 03050583
WITHEE28 ~' RA.VENEL
RNtIM!!Ri I -LANNtR! I tYRYRYORR
oao wn h~,~~u.e... s~~u iai. wn,,,,,y,,,,. NOnn e.,,,r~. xeaox ~a: vionbvn n. v.oxsszsea .,,.,..,.an.,,,..e,d..a,,,
~ RUN OF ROLLY POLLY
BR,4NCH LINE TABLE
UNE LENGTH BEARING
PL 1 31.56 N84'23 54 "W
PL2 55.20 S23'05'23"W
PL3 37.84 S31'08'01 "W
PL4 79.95 S23' 13'34 "W
PL5 21.57 S35 22'15'E
PL6 25.56 S15'03'45"W
PL7 30.83 S64'06:30"W
PL8 86.76 S22'42'08"W
PL9 47.18 S55' 14' 16'W
PL 10 37.02 S00'19'19"W
PL 11 94.40 S66'32'31 "W
PL 12 52.81 S53'S9'44 "W
PL 13 50.30 S53'52'21 "W
PL 14 42.23 N83' 12'24 "W
PL 15 34.53 S60'39'13"W
PL 16 59.55 S56'56'46'W
PL 17 62.72 S55'22'S4 "W
PL 18 40.04 S7T32'46"W
PL 19 38.51 S51'28'32"W
PL20 29.83 S86'S1 '33"W
PL21 24.21 S73' 14'S8'W
PL22 13.54 S02'S1'49"W
PL23 21.32 S51'S3'421N
PL24 15.46 S5T05'45'W
CONSERVATION AREA A
LINE TABLE
UNE LENGTH BEARING
Al 0.30 S52'33'23"W
A2 39.59 S01' 17 22"W
A3 30.76 S01'22'22"E
A4 30.68 S54'4121 E
A5 15.16 S75'25'10"E
CONSERVATION AREA B
LINE TABLE
LINE LENGTH BEARMG
B1 49.57 S52'S7'00"W
B2 51.98 S75'17'40"W
B3 46.74 S86'13'31 "W
B4 44.31 S66'28'18"W
B5 37.36 S36'S9 22`W
B6 46.17 SOT00'061N
B7 42.45 S04'S5 20'W
B8 29.26 S4T37'25 E
B9 50.34 S3T 17'29 E
810 82.21 S36'12'16"E
811 38.56 S16'12'28"E
812 35.99 S25'S8'29 E
B 13 39.81 S50'S5 24 E
814 46.67 S71'22'38'E
815 33.72 S52'56'14 E
B 16 49.18 S62'3155 E
817 37.99 S54'18'10"E
818 37.18 S61'12'54'E
B 19 25.48 S83'S6'46'E
820 41.17 S75'01$6 E'
821 25.21 N54'23'30'E
CONSERVATION AREA C
LINE TABLE
LINE LENGTH BEARING
C1 53.66 S19'45'05"W
C2 24.18 S35'S0'09'W
C3 22.38 S5T03'46"W
C4 29.13 S52'S2'301N
C5 34.85 N54'10'24 YV
C6 36.30 N35'S4'03"W
C7 34.46 S88'58'45 "W
C8 26.84 S4T31'S6"W
C9 27.46 S13'37'21 "W
C10 27.04 S11'35'38"W
C 11 67.74 S69'33'47 E
C 12 20.64 N7T 18'32'E
C 13 59.35 N61 '24 54 E
C14 29.76 N7T00'41 E
C 15 40.87 N71'34'08"E
C16 24.22 N71'34'08"E
CONSERVATION AREA D
LINE TABLE
LINE LENGTH BEARING
D 1 36.52 S83'01 '44 "W
D2 41.23 S42'S8'25 "W
D3 41.26 S21'S1'04"W
D4 60.67 S11'43'S2"W
D5 47.60 S10'04'46"W
D6 45.70 S24'12'311N
D7 42.02 S45'38'20"W
D8 36.06 S15'3157"W
D9 101.42 S58'45'08"W
010 33.74 S40'05 ;39"W
D 11 64.48 S63'23 22"W
D 12 32.23 S68'28'56"W
013 21.71 N89'00'00"W
014 38.55 S5T 11'19"W
D 15 71.80 S4936'12"W
016 50.07 S45'42'43"W
D 17 77.55 S52'40'24 "W
018 39.46 S64'17'18"W
D 19 28.22 S72'41 '36'W
020 47.07 S45'16'S3"W
021 35.97 S41'S2'37"W
022 2.82 S15'31 '01 E