20041111 Ver 3_401 Application_20130304

Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SNWW.com
To: US Army Corps of Engineers
Wilmington Regulatory Field Office
Attn: Eric Alsmeyer
3331 Heritage Trade Drive, Ste. 105
Wake Forest, NC 27587
From: Deborah Edwards
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Brightleaf at the Park
Durham County, NC
March 1, 2013
S&EC Project #5566.P3
r
NC Division of Water Quality
WebSCaPe Unit
1�­Attn: Karen Higgins
512 N. Salisbury StreeQ floor)
Raleigh, NC 279*--,
On behalf of the applicant Scott Lawrence of MREC Brightleaf LTCG, LL
application and supplemental information requesting written concurrence from the U.S. Army Corps of
Engineers (USACE) and the N.C. Division of Water Quality (NCDWQ) that the activities proposed below
may proceed under Nationwide Permits 18, 29, General Water Quality Certifications 3890, the Non -404
Jurisdictional General Permit and a Neuse River Buffer Authorization.
It's important to note that a pre - application meeting was held on November 4, 2011 with the NCDWQ and
the USACE. In attendance were Lauren Witherspoon of the NCDWQ, Eric Alsmeyer of the USACE, Adam
Ashbaugh of LStar Management, LLC and myself. At this meeting we reviewed the previously approved site
plans and Approvals for the Brightleaf at the Park Development. In this meeting, both the Mrs. Witherspoon
and Mr. Alsmeyer indicated that as long as the impact areas did not change (i.e. increase in size /relocation)
they saw no reason why the impacts could not be reauthorized /reapproved since the Avoidance and
Minimization had been met in 2005. Please contact me at (919) 846 -5900 If you have any questions or
require additional information.
PROJECT SUMMARY
Pro'ect Name
Brightleaf at the Park
Project Type
Residential Subdivision
Owner / Applicant
htleaf LTCG, LLC 8 AF -Bri htleaf, LLC
County
tMRECri
Durham
Nearest Town
Durham
Waterbody Name
Lick Creek
Basin / Sub -basin
27-11-(0.5)
Index Number
03 -04-02
Class
WS -IV, NSW
IMPACT SUMMARY
Jurisdictional Stream Impact (acres):
0.019
Jurisdictional Wetland Impact (acres):
0.146
Total Impact to Waters of the U.S. (acres):
0.165
Non -404 Jurisdictional Wetland Impact (acres):
0.054
Total Stream Impact (linear feet):
120
Total Riparian Buffer Impacts (sq. ft.):
Zone 1
6 577
Zone 2
3,748

Attachments:
Pre - construction Notification Application Form
Agent Authorization Forms
USGS Topographic Map
NRCS Soil Survey Map
DWQ On -Site Determination -DWQ 04 -094
DWQ Intermittent/Perennial Map -dated June 9, 2004
404 NWP 12, 18 & 39 Verification -AID 200420594, 200421570 & 200421571)
401 WQC Approval -DWQ #2004 -1111
NCEEP Receipt -dated July 25, 2005
Stream and Buffer Mitigation Credit transfer letter from Ammons Development Group -dated July 15, 2005
Declarations of Restrictions for Brightleaf - Register of Deeds -filed September 19, 2006
Existing Conditions (11x17 - USACE; 24x36 -DWQ)
Overall Site Plan (11x17 - USACE; 24x36 -DWQ)
Brightleaf at the Park -Tract 13- Stormwater/Neuse River Basin Analysis
SMP Plan Details- Parkways, Tracts 1, 2, 3, 5, 7, 9 813
Data CD
DWQ Application Fee -$240

ot W ATE9OG
h
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ❑Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 18 & 29 or General Permit (GP) number: N/A
1c. Has the NWP or GP number been verified by the Corps?
® Yes ❑ No
Id. 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
1e. 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
1g. 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:
Brightleaf at the Park -+
2b. County:
Durham
2c. Nearest municipality / town:
Durham
2d. Subdivision name:
Brightleaf at the Park
2e. NCDOT only, T.I.P. or state
project no:
N/A D - WA .AL
W
3. Owner Information
3a. Name(s) on Recorded Deed:
MREC Brigthleaf LTCG, LLC AF- Brightleaf, LLC
3b. Deed Book and Page No.
D.B. 6868; Pg. 843, 871 D. B. 7093, Pg. 113
3c. Responsible Party (for LLC if
applicable):
Scott Lawrence Matt Desvergers
3d. Street address:
410 Glenwood Ave., Suite 130 2840 Plaza Place, Ste. 360
3e. City, state, zip:
Raleigh, NC 27603 Raleigh, NC 27612
3f. Telephone no.:
919 - 256 -1981 919 - 870 -9711
3g. Fax no.:
N/A N/A
3h. Email address:
N/A N/A
Page 1 of 13
PCN Form — Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: Please send correspondence to both
OwnerlApplicant and Agent.
4b. Name:
Scott Lawrence
4c. Business name
(if applicable):
MREC Brightleaf LTCG, LLC c o LStar Management, LLC
4d. Street address:
140 Glenwood Ave., Suite 130
4e. City, state, zip:
Raleigh, NC 27603
4f. Telephone no.:
919 - 256 -1981
4g. Fax no.:
N/A
4h. Email address:
WA
5. Agent/Consultant Information (if applicable)
5a. Name:
Deborah Edwards
5b. Business name
(if applicable):
Soil & Environmental Consultants, PA
5c. Street address:
11010 Raven Ridge Road
5d. City, state, zip:
Raleigh, NC 27614
5e. Telephone no.:
919 - 846 -5900
5f. Fax no.:
919 - 846 -9467
5g. Email address:
DEdwards @SandEC.com
Page 2 of 13

B. Project Information and Prior Project History
1. Property Identification
Parcel ID: 0850-01 -00 -2511, 0850-03 -30 -0654, 0850-04 -
1a. Property identification no. (tax PIN or parcel ID):
40 -4777, 0759 -02 -59 -1918, 0850-04 -50 -7609, 0850 -04-
61 -3180, 0850 -04 -62 -8569 & 0850 -04 -83 -2136
1b. Site coordinates (in decimal degrees): IMPACT# 1 -7
Latitude: 35.9502 Longitude: - - 78.8307
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
t 200 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Lick Creek 27- 11 -(0.5)
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS -IV, NSW
2c. River basin:
j Neuse River, Hydrologic Unit Code 03020201
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 existing conditions on site are forested with some residential tracts being completed, some
infrastructure, including roads and utilities have been constructed. The general land use in the vicinity of the project is a
mixture of residential and forested land.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately 20.24 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 19, 846 linear feet
3d. Explain the purpose of the proposed project:
The purpose is to construct roads to access high ground and utilities necessary to complete a residential subdivision.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of completing a residential subdivision, to include roads, utilities, and residential
structures. Currently, portions of the road infrastructure, utilities and some residential structures have been
constructed within other tracts of the project (project received 404 & 401 Approvals back in 2005). Equipment such
as bull dozers, excavators, and other typical equipment used for land disturbance and road construction will be
utilized for this project.
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
of determination was made?
El Preliminary ®Final
Comments: Expired AID#200420594, 200421570 &
200421571
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Soil & Environmental
Name (if known): 2012 - Steven Ball
Consultants, PA Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE previous JD's have expired. On April 26, 2012 a site visit was held with Eric Alsmeyer to review updated
delineation. NCDWQ - Neuse Buffer Determination with Steve Mitchell -March 18, 2004 (NBR 04 -094);
Intermittent/Perennial determination with Steve Mitchell on June 9, 2004 (see attached map).
Page 3 of 13
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
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 Verification for Nationwide Permit's 12, 18 & 39 was issued on June 30, 2005 (AID #'s 200420594, 200421570 &
200421571), a Water Quality Certification and Isolated Wetlands Permit Approval was issued on July 25, 2005 (DWQ
Project #2004 -1111. Both the Verification and the Approval were issued for the original 550+ acre project. The recession
caused development to stop.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
The remainder of the project will be phases and all are shown within the project boundaries.
Page 4 of 13

C. Proposed Impacts Inventory
1. Impacts Summary
la. 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 number
Type of jurisdiction
— Permanent (P) or
Type of
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Temporary T
impact
if known
DWQ — non -404, other )
(acres
W1 (1 -1) ® P ❑ T
Lot Fill
Headwater Forest
® Yes
❑ No
® Corps
❑ DWQ
0.035
W2 (1 -2) ® P ❑ T
Road
Crossing
Headwater Forest
® Yes
❑ No
® Corps
❑ DWQ
0.017
W3 (1 -3) ® P ❑ T
Lot Fill
Headwater Forest
® Yes
❑ No
® Corps
❑ DWQ
0.005
W4 (1-4) ® P ❑ T
Road
Crossing
Headwater Forest
® Yes
❑ No
® Corps
❑ DWQ
0.007
W5 (1 -5) ® P ❑ T
Lot Fill
Headwater Forest
® Yes
❑ No
® Corps
❑ DWQ
0.022
W6 (1 -6) ® P ❑ T
Road
Crossing
Headwater Forest
® Yes
❑ No
® Corps
❑ DWQ
0.020
W7 (1 -7) ®P ❑ T
Lot Fill &
Sewer
Headwater Forest
® Yes
❑ No
® Corps
❑ DWQ
0.035
W8 (19 -8) ®P [] T
Stormwater
Device
Headwater Forest
® Yes
❑ No
® Corps
❑ DWQ
0.005
W9 (37 -1) ® P ❑ T
Road
Crossing
Isolated
® Yes
❑ No
❑ Corps
® DWQ
0.054
2g. Total wetland impacts
0.200
2h. Comments: Total wetland impacts include 0.146 acres of jurisdictional wetland fill and 0.054 acres of isolated wetland fill.
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 number -
Type of
Stream name
Perennial
Type of jurisdiction
Average
Impact
Permanent (P) or
impact
(PER) or
(Corps - 404, 10
stream
length
Temporary (T)
intermittent
DWQ — non -404,
width
(linear
(INT)?
other)
(feet)
feet)
S1 (3 -9) ❑ P ® T
Open-
Cut/Sanitary
Lick Creek
® PER
INT
® Corps
DWQ
5
40
Sewer
S2 (3 -10) ❑ P ® T
Open-
Cut/Sanitary
Lick Creek
® PER
❑ INT
® Corps
❑ DWQ
14
40
Sewer
S3 (3 -12) ❑ P ® T
Open-
Cut/Sanitary
Lick Creek
® PER
❑ INT
® Corps
❑ DWQ
2
40
Sewer
3h. Total stream and tributary impacts
120
Page 5 of 13
PCN Form — Version 1.3 December 10, 2008 Version

3i. Comments: Please note that all proposed impacts to streams will be temporary.
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 individ ally list all open water impacts below.
4a.
Open water impact
number —
Permanent (P) or
Temporary T
4b.
Name of
waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑P
02 ❑P
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose of
pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
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:
Page 6 of 13

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 any 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 for impact
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
Stream name
mitigation
(square feet)
(square feet)
Temporary T
required?
B1 (3 -9) ❑ P ❑ T
Sanitary Sewer
Lick Creek
® Yes s
2,062
1,255
B2(3 -10) ❑ P ❑ T
Sanitary Sewer
Lick Creek
® Yes s
2,699
1,282
B3(3 -12) ❑ P ❑ T
Sanitary Sewer
Lick Creek
® Yes
os
1,816
1,211
B4 ❑P ❑T
❑Yes
❑ No
6h. Total buffer impacts
6,577
3,748
6i. Comments:
Page 7 of 13

D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
In 2005, a 404 Nationwide Permit Verification and 401 Water Quality Certification Approval was issued for stream,
wetland and buffer impacts for the entire Brightleaf at the Park Residential Subdivision. A majority of the impacts
were completed, however 6 impact areas still remain to be completed. Since that time, S &EC has visited the
remaining jurisdictional streams and wetlands onsite to verify any changes in jurisdiction, a site meeting was held
with Eric Alsmeyer to verify these changes. In addition, an once meeting was held on November 4, 2011 with Eric
Alsmeyer and Lauren Witherspoon to discuss the remaining impacts within Brightleaf, both agents indicated that as
long as the impact areas did not change (i.e. increase in size) they saw no reason why they could not be re-
authorized /re- approved since the Avoidance and Minimization was met in 2005. As such, this application includes
the remaining 6 impact areas. In summary, Impact areas 1 -1 through 1 -7 are necessary to complete Tract 1.
Impacts 3 -9, 3 -10 and 3 -12 are all perpendicular sanitary sewer crossings within Tract 13B and are necessary to
connect to a pre - existing sewer line on the northern side of Lick Creek. Impact 19 -8 is 242 ft2 of wetland impacts
necessary for the berm of a stormwater device within Tract 7. Impact 37 -1 is an isolated wetland impact necessary
for a road crossing within Tract 12.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The utilization of erosion control measures such as silt fence, tree protection fencing, sediment basins and
diversion swales.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
❑ Yes ® No
Compensatory mitigation requirements per the original
2a. Does the project require Compensatory Mitigation for
Nationwide Permit Verification and Water Certification
Approval have been met. Please see attached NCEEP
impacts to Waters of the U.S. or Waters of the State?
receipt, a Stream and Buffer Mitigation Credit transfer letter
from Ammons Development Group and a copy of the
Declaration of Restrictions for Brightleaf.
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
project?
El 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
Page 8 of 13
PCN Form — Version 1.3 December 10, 2008 Version

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:
0 linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
0 square feet
4e. Riparian wetland mitigation requested:
0 acres
4f. Non - riparian wetland mitigation requested:
0 acres
4g. Coastal (tidal) wetland mitigation requested:
0 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).
6h. Comments:
Page 9 of 13

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Detailed plan sheets from previously approved tracts within this
subdivision are included. In addition, tract 13B is currently under stormwater
® Yes ❑ No
review, which includes measures to treat nutrients. At this time, a conditional 401
approval is being requested that would allow the stormwater management plan (to
include the diffuse flow plan) to be submitted to your office upon approval by the
CLG.
2. Stormwater Management Plan
As per the project engineer, Tracts
1, 2, 5, 7, 9, 13, and 13B (single
family) are required not to exceed
2a. What is the overall percent imperviousness of this project?
24 % imperviousness and Tracts
3, 4, 8, and 12 (multi - family and
rec center) are required not to
exceed 70% imperviousness.
2b. Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The City of Durham will /has review all SMP's for this project. The remaining SMP's to be built are the following:
Tract 1 Phases 6 and 7 (1 Dry Pond), Tract 7 Phases 2 -4 (1 Dry Pond). Both of these tracts have been approved by
the City of Durham. The remainder of Tract 8 and all of Tract 12 have not gone through the City of Durham review
process and have not been designed at this time. Tract 13B is to have 2 dry ponds, 4 pocket wetlands and 1 level
spreader. Tract 13B has preliminary Approval by the City, the actual construction drawing approval is forthcoming.
In addition, a SIA (Neuse River Basin Analysis) has been provided for Tract 13. Additionally, large size detailed
plans that have been approved have been provided for your files (see attached). These include Copper Leaf
Parkway & Golden Belt Parkway (Approved and Constructed); Tract 1, Phases 1 -5 (Approved and Constructed),
Phases 6 & 7 (Approved); Tracts 2 & 3 (Approved and Constructed); Tract 5 (Approved and Constructed); Tract 7-
Pond #1 (Approved and Constructed), Pond #2 (Approved);Tract 9 (Approved and Constructed); Tract 13 (Approved
and Constructed). Tracts not included in this package were done by others.
® 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?
City of Durham
® 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?
Page 10 of 13
PCN Form — Version 1.3 December 10, 2008 Version

4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a. Which of the following state- implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
S. 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 11 of 13

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. 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), DWO 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.
We have reviewed the "Draft Intemal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated
Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft
states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill,
most residential subdivisions and small commercial developments as well as agricultural and silvicultura/ operations.
Brightleaf at the Park is a residential development. Additionally, the project is located within the City of Durham
jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations
to protect downstream waters: 1) the Phase ll NPDES Stormwater Permit Program, this program includes
permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post- construction
stormwater management requirements, 2) the Water Supply, Watershed Protection Program which limits
development densities as well as requires protective riparian buffers, and finally 3) the Neuse River Basin Riparian
Buffer Protection regulations, these regulations require limited development within the riparian buffer area in
addition to "diffuse flow" requirements at a minimum and could require Best Management Practices that control
nitrogen if diffuse flow cannot be achieved. We anticipate that the DWQ will advise us if any additional information
is needed.
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.
This development will connect to the City of Durham's Sanitary Sewer System. The City will ensure that capacity of their
treatment facility will not be exceeded.
Page 12 of 13
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?
❑ 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? Project previously received a 404 Nationwide Permit Verification and no endangered species or critical
habitat was found.
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? Project previously
received a 404 Nationwide Permit Verification and no essential fish habitat was found.
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? Project
previously received a 404 Nationwide Permit Verification and no historic structures or significant archeological sites
were found.
8. Flood Zone Designation (Corps Requirement)
® Yes -the 3 sewer crossings over Lick
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
Creek are within the 100 -yr floodplain
❑ No
8b. If yes, explain how project meets FEMA requirements: According to the project engineer, "no permanent fill is
proposed, once the sewer is installed, the easements will be graded back to original conditions. Any manholes
within the 100 -year floodplain will either be sealed and vented or will have top elevations 3 feet above the 100 -year
floodplain elevation.
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program
Deborah Edwards
March 1,
2013
Applicant/Agent's Printed Name
ApplicanVAgen s ignature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 13 of 13

S -N,
Name: _ ry%P �. • 13r�,� h��eu� � LLG
Addrm e�/d_ L•Sivw
MO GIe*,wovA A".. sv& 13°,••- R8!alll, RG 2-1403
(1,M) 1-S(O - Ig9 1
PtojectName /Desceiptim - OLk AA- Sic Project 0
Dabs~
The Depmtnent of the Army
U.S. Army Corps of deers, Wila>ko m District
P.O. Boot Im
Wgmbngb^ NC 28402
Alta: _1-:7-v%'( Field Office: 22S �C-s
T ie
v
Re: Wetlands Related Consulting and Permitting
To Whom it May Camem: .
L the current owner, hereby designate and audwrize Soil & V virmunentel Consultants, PA to
act in my behalf as my agent in the prooesshtg, of permit applications, to famish uPOU reque f
ti
lea�ertbal informaoa -in support of applications, etc. from this day forward. The 7 day of
Ztii Z
This noon supersedes any p wvkm correspondenoe mwenft the agent for this project
NOTICE This authod=doq, for liability and professional courtesy mss, is valid only for
pwa mnent offilals to eater &epropeiLtywhenac=WmiedbyShECddI You slwald oU S&BC
to mrmge a site meeting prior to vieiung the site.
m Sec- g 1 LL C_
Print Property Owner's Nam Scoior G4wi Enka s Si�natar+e
or~ Ms. Karen HIgging cc: Ms. Debbie Edwards
NCDSNR - DWQ Soil & Bnvironrnental Consultants, PA
522 N Salisbury St:
Raldgb, NC 27604

Environmental Consultants,
Road • RaIdA North Cud= 27614 • Phone [phone] • Fax: (919)
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: AF- Sdah9eaf. LLC
Address: 2840 Plaza Place, Ste. 360
MORO: M51iI M MfM -
Phone: [phone]
Project Name /Description: Bdahtleaf at the Park S&EC Project # 5566
Date: February 21, 2013
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: Eric Alsmeyer Field Office: Raleiah
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern.
I, the current MgRM owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc. from this day forward. The 21 a day of
February 2013.
This notification supersedes any previous correspondence concerning the agent for this project
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied S EC . Y sh uld call S&EC
to arrange a site meeting prior to visiting the site:
• r; aC t c�,naS
Print Property is Name Property
cc: Ms. Karen Higgins cc: Ms. Debbie Edwards
NCDENR - DWQ Soil & Environmental Consultants, PA
512 N. Salisbury St.
Raleigh, NC 27604

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ere
Project No. Figure 2 -NRC5
5566 Soil Survey Map
ftj B Mdjr.: Brightleaf Soil & Environmental Conmdtants, PA
Durham, NC 11010 Rear Nip Rd• ,IBC 27614
Scale: (919) MM - (919) 846-W7
I' — 1,320° Web Poe: www.SmdEC=n
Durham Co Sal Survey
15/2/12 Sheets 27 and 32

otphF warFgQG
y
A �
Todd Prelminger
S &EC,Inc.
11010 Raven Ridge Road
Raleigh, N.C. 27614
Michael F. Easley, Governor
William G. Roes Jr., Secretary
North Carolina Depar" M of Environment and Natural Resources
March 18, 2004
Alan W. KUnwk, P.E. Director
Colleen H. swum. Deputy Dhctor
Division of Water Quality
Scr(,&WO K R
Subject: Neuse River Basin Riparian Buffer Rules
NBR 04-094
S&EC Project No. 5566
Village Creek Tract
Formerly Sherron Road Tract
DWQ Certification x/00 -1455
Durham County
Dear Mr. Preuninger:
I have reviewed the information submitted for the project referenced by the Raleigh Regional Office as
NBR 04. 094. An evaluation of the stream features on the property represented on the Durham County
Soils and the USGS East Durham topographic quadrangle map was perforated.
The Division of Water Quality (DWQ) has determined that there are numerous surface water features
indicated on the maps that are present on the ground as a streams and therefore subject to buffer
protection under the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and
Maintenance of Existing Riparian Areas, Administrative Code 15A:20B.0233. Features 2, 3, 7, 8,11,12,
16, 17,18,19, 20, 21, 22, 23, 24, 25, 27, 29, 30, 37, 38, 39, and 40 were determined to be subject within
the tract. Features 1, 4, S, 6, 9, 10, 13, 14, 15, 26, 28, 31, 32, 33, 34, 35, and 36 are not subject. Please
review the attached delineation map for a correlation of the stream features and their locations within the
property. This onsite determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination that a water body exists and that it is subject
to the buffer rule may request a determination by the Director. Such a request shall be referred to the
Director in writing c/o John Dorney, DWQ Wedands/401 Unit, 2321 Crabtree Blvd, Raleigb, N.C.
27604. Individuals that dispute a determination that "exempts" a surface water from the rule may ask for
an adjudicatory hearing. Action must be taken within 60 days of the date of receipt of this letter.
Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party
(including downstream and adjacent landowners) is notified of the decision. DWQ recommends that the
applicant conduct this notification in order to be certain that third party appeals are made in a timely
manner.
To ask for a hearing, send a written petition that conforms to Chapter 1 SOB of the North Carolina General
Statutes to the Office of Administrative Hearings, Post Office Box 27447, Raleigh, N.C. 27611 -7447.
The determination is final and binding unless a request is presented within the 60 days.
This letter addresses only those issues involving the riparian area. For information relative to
ROMM RegbW Office 1628 Mall Servim Center I
Water Quality Section Raleigh. NC 27699.1628
phone [phone] Cusianer Service
facsimile (919) 571 -4718 1$77423-8748

other impacts, 401/404, or wetland issues, please contact Mr. John Domey at 919- 733 -1786. Thank you
for your attention to this matter and if this Office can be of any other assistance or if you have additional
questions, please do not hesitate to contact me at 919 - 571.4700.
• -MT ON
Steve Mitchell
Environmental Scientist
Cc: RRO/John Domey/Land Quality
h:%uflet.for\bufa4 \viUagck.094

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Soil & Environmental Consultants, Inc.
11010 Raven Ridge Rd - Raleigh, NC 27614
(919) 846 -5900 • (919) 846 -9467
Web Page- www.SandEC com
Sheets: 27,28,32,33
Project M
Scale:
00-M
t„ -1320
Figure 2 - Soil Survey
9 Y
Project
Date:
Mgr.: P. I
7MT=
Priest, Craven, & Associates
-
Sharron Rd.
Durham, Durham County, NC
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Rd - Raleigh, NC 27614
(919) 846 -5900 • (919) 846 -9467
Web Page- www.SandEC com

1;9
SCAD NETLAN5
VAM WAM 31. 2W4
PMECT. igm-ma mi IMPACT MAP
m

U.S. ARMY CORPS OF ENGINEERS
WR M OTON DISTRICT
Action ID: 200420594 200421570 200421571
County: Durham
GENERAL PERM[T (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Rhein Br1ght1e4 LLC
Attn: Mr. Richard Westmoreland
Mailing Address: 4000 Westchase Boulevard, Suite 310
Raleigh, North Carolina 27607
Authorized Agent: Soil & Environmental Consultants, Inc.
Attn: Mr. Todd Preuninger
Mailing Address: 11010 Raven Ridge Road
Raleigh, North Carolina 27614
Telephone No.: [phone]
Telephone No.: (919) 846 -5900
sn4wo
Location of property (road name/number, town, etc.): The project (Brightleaf at the Park) is Iocated north of Highway
70 and east of Sherron Road, in Durham, North Carolina
Site Coordinates: 35.95326071 °N 78.8172496 °W
Waterway: Lick Creek
USGS Quad: Southeast Durham
River Basin: Neuse HUC: 03020201
Description of projects area and activity (see page 2 for a summary of authorized impacts): Activities associated with the
proposed project include mechanized land clearing, excavation, the installation of culverts and sewerlines, and the
placement of backfill and riprap stabilization, necessary for the construction of utility lines, stormwater devices, lot
fill and road crossings.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s):12 18 39
Your work a authorized by the above referenced permit provided it a accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittm to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. 14 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 requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been w cised on a case-by-case basis to modify, suspend or revoke the autbonzation.
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 commies subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvah/perrits.
If there are any questions regarding tins verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Todd Tugwell at telephone [phone], ext 26.
Corps Regulatory Official Date: 0650/2005 Verification Expiration Date: 03/18/2007
Copy Furnished: NC Ecosystem E cement Program, 1619 Mail Service Center, Raleigh, NC 27699 -1619
Page 1 of 2

Determination of Jurisdiction:
❑ 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 CPR 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 Rivets and Harbors Act and Section 404 of the Clean Water Act. Unless that 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 tine 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 yeses from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the
jurisdictional determination issued on 0411=004 (Action ID: 200420594.).
Basis of Jurisdictional Determi otion The project site contains an named tributaries to Lick Creek, and adjacent wetlands,
which flow Into the Nease River, a navigable waterway.
Corps Regulatory Official Date: 06/30/2005 Determination Expiration Date: 10/0712009
Summary Anthorized Imnack and Reanired MMoAtinn
Action ID
#
NWP / GP
#
Opmen water ac
Wetland ac
Unimportant steam
Stream
Temporary
Permanent
Temporary
Permanent
Temporary
Permanent
Temporary
Pemranent
200420594
12
0364
182
302
200421570
18
0.030
2004215711
39
0.299
1235
1
299
act Totals
0
0
0.364
0.329 1
182
1235
302
299
Total Loss of Waters of the U.S. ac
0.329
Total Loss of Waters of the S I
1534
Required Wetland A ti lion ac 0.5 In IdeuYMP
aired Stream Mitigation 299 In Lfen/EEP
Additional Remarlm and/or Special Permit Conditions:
1. The pmnittee shall make payment to the North Carolina Ecosystem Enhancement Program ( NCEEP) in the
amount determined by the NCEEP, sufficient to perform the restoration of 0.5 acres of riparian wetlands and 299
linear feet of warm water stream channel in the Neuse River Basin, Cataloging Unit 03020201. Construction
within jurisdictional areas on the property shall begin only after the permittee has made fall payment to the
NCEEP and provided a copy of the payment documentation to the Corps, and the NCEEP his provided written
confirmation to the Corps 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.
2. The Permfttee shall cause to be recorded In the Register of Deeds for Durham County restrictive covenants, the
form of which is attached as Exhibit A, for the purpose of maintaining proposed conservation areas in their
natural state in perpetuity. The permittee shad also cause to be recorded a plat, showing the subdivision plan for
the property, the boundary of the conservation areas, and the boundary of jurisdictional waters of the United
States. The restrictive covenants and plat, as approved by the Corps of Engineers, shall be recorded prior to the
sale or conveyance of any lots, phases, or other property within the subdivision. The peroahtee shall enforce the
terms of the restrictions set forth in the deed, and, prior to conveyance of the property, shall take no action on the
property described in the deed inconsistent with the terms thereof.
Page 2 of 2

Michael F. Wesley, Governor
William G. Ross Jr, Secretary
Nato Carolina Depar4rxnt of Ihmoomnant and Natural RmAnces
O 'C
July 25, 2005
Rhein Brighdea& LLC
Attn: Mr. Jim Medall
4000 Westchase Blvd., Suite 310
Raleigh, NC 27607
Alan W. Klinak. F.E. Diredw
Division of water Quality
DWQ Project # 2004 -1111
Durham County
Subject Property: Brightleaf at the Park
Lick Creek [03 -0401, 27- 11- (0.5), WS -IV, NSW (nutrient sensitive)]
*303(d)
Modikton of Approval of 401 Wader Quality Certification, Isolated Wetlands Permit and
Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233)
with Additional Conditions
Dear Mr. Medall:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.7 acres of jurisdictional wetlands, 0.077 acres of isolated
wetlands, 2018 feet of jurisdictional streams, 197 feet of isolated streams and 264,405 square
feet (8) of protected riparian buffers for the purpose of a residential subdivision at the subject
property, as described within your application dazed July 7, 2004 and received by the N.C.
Division of Water Quality (DWQ) on July 7, 2004 and all additional information submitted and
received by the DWQ on September 13, 2004, October 15, 2004, January 31, 2005, February 9,
2005, May 27, 2005 and July 10, 2005. This approval will replace the previous approval written
on June 29, 2005. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3374 and 3402 (GC3374 & 3402).
The Certification(s) allows you to use Nationwide Permit(s)12,18 and 39 when issued by the
US Army Corps of Engineers (USACE). Also, we have determined that this fill is covered by
the State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000).
This letter shall also act as your approved Authorization Certificate for impacts to the protected
riparian buffers per 15A NCAC 2B .0233. 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, and Non -discharge 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.
The Isolated Wetlands Permit will expire upon the expiration date of IWGP100000
(September 30, 2008) or unless otherwise rescinded by the Director of the Division of
Water Quality.
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
An
401 OverSW Express Review Urdt
1660 Mal service Carder, Raleigh, North Camom 27699 -1660
2321 Crabtree Boulevard, Sulfa 250, Ralebh. North Cambe 27604
Phan: 919 - 733.17861 FAX 919 - 73388901 triter, hltn 02o.enr stemmuMn— gabrids
An Equal apportunIVAfBnrsM Action Employer— 50% RewydedMD% Post Consumer Pape►
-)r.wv

'' ' + •• t. Rhein Bnghtlea� LLC
Page 2 of 7
7/25/05
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:
1. Impacts Approved
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:
2. Compensatory Mitigation Using the Ecosystem Enhancement Program
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR — Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at (919) 733 -5208 if
you have any questions concerning payment into a restoration fund. You have one month
from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund
to meet the following compensatory mitigation requirement:
Amount Approved nits
Plan Location or Reference
404 Stream
2018 feet (1,235 intermittent,
Sheets 2 -12
299 Perennial, 484
Isolated'Stream
197 feet
Sheets 2 -12
404 Wetlands
0.7 acres. (0.329 permanent,
Sheets 2 -12
0.364 t
Isolated Wetlands
0.077 acres
Sheets 2 -12
Buffers
264,405 square ft.
Sheets 2 -12 and detail sheets
Zone 1- 140,684
1 -8
Zone 2- 123,721
2. Compensatory Mitigation Using the Ecosystem Enhancement Program
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR — Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at (919) 733 -5208 if
you have any questions concerning payment into a restoration fund. You have one month
from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund
to meet the following compensatory mitigation requirement:
3. Buffer Mitigation
You are required to mitigate for impacts to the protected riparian buffers. The required area
of mitigation to compensate for impacts to the protected riparian buffers is 375,306 square
feet as required under this Authorization Certificate and 15A NCAC 2B .0242(bt&r
mitigation rule). We understand that you wish to make a payment into the Riparian Buffer
Compensatory Mitigation
Required
River and Sub -basin
Number
Stream
299 feet
03-04-01,27-11-(0.5)
3. Buffer Mitigation
You are required to mitigate for impacts to the protected riparian buffers. The required area
of mitigation to compensate for impacts to the protected riparian buffers is 375,306 square
feet as required under this Authorization Certificate and 15A NCAC 2B .0242(bt&r
mitigation rule). We understand that you wish to make a payment into the Riparian Buffer

Rhein Brightledf, LLC
Page 3 of 7
7/25/05
Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet
this mitigation requirement. This has been determined by the DWQ to be a suitable method
to meet the mitigation requirement. In accordance with 15A NCAC 2B .0242(7)(bt60ir
mitigation rule), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(10)(b ,,e`er protection rule). Until the EEP receives and clears
your check (made payable to: DENR — Ecosystem Enhancement Program Office), no
impacts specified in this Authorization Certificate shall occur. The EEP should be
contacted at (919) 733 -5208 if you have any questions concerning payment into the
Riparian Buffer Restoration Fund. You have one month from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Riparian Buffer Restoration Fund to compensate for 375 06 ftr of
required riparian buffer mitigation for impacts to 1569103 ie (Zone 1- 94,10&
Zone 2-62,002 ft) of protected riparian buffers; 03 -04-01 river and 27- 11 -(0.5) stream
index."
4. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface Nvaters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, burrow sites, and
waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
5. Diffuse Flow
All constructed stormwater conveyance outlets• shall be directed and maintained to flow
in a diffuse manner at non - erosive velocities through the entire protected stream buffers
without re- concentrating. If this is not possible it may be necessary to provide stormwater
facilities that are considered to remove nitrogen. Additionally, a stormwater management
plan (this includes phases that only required diffuse flow measures) for this project shall
be provided to this Office on a per phase basis. These stormwater management plans are
required to be reviewed and approved before the impacts are conducted for each phase.
These plans shall specify all stormwater discharge points, plan details, and calculations to
indicate that diffuse flow through the protected buffers or nitrogen removal as described
above will be achieved.
An Operation & Maintenance (O&.M) agreement signed by the current landowner must
be approved by the DWQ. This O&M agreement must transfer with the sale of the land
or transfer of responsibility for the stormwater facilities and the DWQ must be notified of
every transfer.

Rhein Brightlea4 LLC
Page 4 of 7
7/25/05
6. Written Stormwater Management Plan
An additional condition is that a final, written stormwater management plan (including a
signed and notarized Operation and Maintenance Agreement) shall be approved in
writing by this Office on a per phase basis before the impacts specified in this
Certification are conducted for each phase specified per Condition No. 4 in GC No. 3402.
The stormwater management plan must include worksheets, plans and specifications for
stormwater management facilities that are appropriate for surface waters classified as
Class C and designed to remove 85% TSS according to the most recent version of the NC
DENR Stormwater Best Management Practices Manual. These facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved
by the Division of Water Quality. Also, before any permanent building is occupied within
each phase at the subject site, the facilities (as approved by this Office) shall be
constructed and operational, and the stormwater management plan (as approved by this
Office) shall be implemented. The structural stormwater practices as approved by this
Office as well as drainage patterns must be maintained in perpetuity. No changes to the
structural stormwater practices shall be made without written authorization from the
Division of Water Quality.
The above condition shall apply unless it is demonstrated in writing to the satisfaction of
this Office that the impervious area for each phase of the built -out project area shall be
less than 30% and that there are no pockets of high - density development with
concentrated impervious area over 30% area within the project such as, but not limited to,
commercial areas, multi- family, clubhouses, maintenance areas, etc.
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities to
ensure compliance with 15A NCAC 2B.0233 and GC 3402.
8. 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 Pre- Construction Notification. 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.
9. No Sediment & Erosion Control Measures w/n 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.

Rhein B ight104 LLC
Page 5 of 7
7/25/05
10. 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
(} M.Ilh2o.enrstate.nc.us/su/Forms Documents.htm.
11. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure, compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval
and Authorization Certificate on a per phase basis. A sample deed notification can be
downloaded from the 401/Wetlands Unit web site at:
http:// h2o.enr.state.nc.us/ncwectbmds. The text of the sample deed notification may be
modified as appropriate to suit to this project.
12. Culvert Installation
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.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of
the stream up or down stream of the culvert(s). Existing stream dimensions (including the
cross section dimensions, pattern and longitudinal profile) shall be maintained above and
below locations of each culvert. Therefore, you must provide plans with adequate details
that indicate that the current stability of the stream will be maintained or enhanced. You
must receive written approval from this Office for the above plans before the culvert(s) is
installed. Culvert(s) must be installed according to approved plans. These plans are to be
submitted and approved before impacts occur in each phase.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions.

Rhein Brightleaf, LLC
Page 6 of 7
7n5/o5
13. "Re- opener" Clause
Rhein Brightleaf, LLC and its authorized agents shall conduct its activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. Rhein Brightleaf, LLC shall require its
contractors (and/or agents) to comply with 'all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification A copy of this
Certification shall be included in the construction contract and available on the job site at
all times. If DWQ determines that such standards or laws are not being met (including
the failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, DWQ may
reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC
2H.0507(d). Before modifying the certification, DWQ shall notify Rhein Brightlea&
LLC and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to Rhein Brightleaf,
LLC in writing, shall be provided to the United States Army Corps of Engineers for
reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall
also become conditions of the 404 Permit for the project.
14. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal
and local sewer system regulations.
15. Water Quality Certification(s)
The proposed project must comply with all of the conditions of General Water Quality
Certification(s) (GC) 3374 & 3402.
16. Temporary impacts
All temporary impacted areas shall be returned to the original grade (except Zone 2)
after construction is complete or within 6 months of the establishment of the crossing,
which ever is sooner, and the various sites shall be stabilized with natural woody
vegetation (except for the 10 ft. permanent maintenance areas of permanent utility
crossings) and restored to prevent erosion. If the crossings are not restored as described
above within the specified time above, additional written approval from this Office must
be obtained to modify this condition.
17. 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 40l/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.

RheinBrightleaf, UC
Page 7 of 7
7/25/05
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. In addition, the
authorization to proceed with your proposed impacts or to conduct impacts to isolated waters as
depicted in your application and as authorized by this Permit, shall expire upon expiration of
MGP 100000 (September 30, 2008) or unless otherwise rescinded by the Director of the
Division of Water Quality.
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 15013 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S.150B.
This letter completes the review of the Division of Water Quality under the Clean Water Act and
Isolated Wetlands Rules as described within 15 NCAC 2H, Section 0.1300 and the Neuse
riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any
questions, please telephone Cyndi Kawly in the Central Office in Raleigh at 919 - 733 -9721.
AWK/dae
Sincerely,
�� 1; � 4
Alan W. Klimek, P.E.
Enclosures: GC 3374
GC 3402
IWGP100000
Certificate of Completion
EEP Notification
cc: Kevin Martin- SBtEC,11010 Raven Ridge Road, Raleigh, NC 27614
Todd Tugwell-USACE Raleigh Regulatory Field Office
Mike Horan -DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Suzanne Klimek, EEP
Filename: 20041111 Brightleaf2(Durham) 401 +IWP +NBR

rt,*V-
ll�
imyce�1C'nt.
PROGRAM
RECEIPT
July 25, 2005
DWQ #: 04 -1111
COE #: 200420594, 200421570, 200421571
Richard Westmoreland
Rhein Brightleaf, LLC
4000 Westchase Blvd., Suite 310
Raleigh, NC 27607
Project: Brightleaf at the Park County: Durham
The North Carolina Ecosystem Enhancement Program (NC EEP) has received checks in the amount of $168,498.68, check
number 102 & 4030543755, and $1.00 cash as payment for the compensatory mitigation requirements of the 401 Water
Quality Certification/Section 404 Permit issued for the above referenced project. This receipt serves as notification that the
compensatory mitigation requirements for this project have been satisfied. You must also comply with all other conditions of
this certification and any other state, federal or local government permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated in the table
below.
River Basin
Wetlands
Stream
Buffer
Buffer
Cataloging
(Acres)
(Linear Feet)
Zone 1
Zone 2
Unit
(Sq. Ft.)
(Sq. Ft.)
Riparian
Non-Riparian
Coastal Marsh
Cold
Cool
Warm
Neuse
0.50
0
0
0
0
0
122,050
40,683
03020201
The balance of the required mitigation, 299 linear feet of warm stream and 212,573 square feet of buffer (Zone 1- 159,430
sq. ft. and Zone 2 — 53,143 sq. ft.) will be provided per the Memorandum of Agreement between DWQ, DENR and Heritage
Wake Forest, Inc. signed December 8, 2000.
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact Carol Shaw at (919) 733 -5205.
Sincerely,
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands /401 Unit
Todd Tugwell, USACOE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File WWA
R"toYwty... E ... Pro" Sta
Our g as"
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919- 715 -0476 / www.nceep.net

62E i ANNONS
DEVELOPMENT GROUP
Exhibit B
July 15, 2005
Ms. Suzanne Klimek
Director of Operations
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699 -1652
Re: Stream and Buffer Mitigation Credits
Dear Ms. Klimek:
Heritage Wake Forte, Inc. hereby acknowledges that we currently have 4.88se of
Riparian Buffer Mitigation credits and 13691f of Stream Mitigation credits, prepaid with
the NC Wetland's Restoration Program (currently known as the NC Ecosystem
Enhancement Program), though the NC Division of Water Quality.
Heritage Wake Forest, Inc. hereby authorizes the transfer of 2991f of Stream Mitigation
credits and 4.88ac of Riparian Buffer Mitigation credits, to Rhein Brightleaf, LLC from
Heritage Wake Forest, Inc's credits.
Heritage Wake Forest, Inc. hereby acknowledges that it will have a remaining balance of
0.0 ac ofRiparian Buffer Mitigation credits and 10701f of Stream Mitigation credits
remaining for future use.
Thank you for your assistance.
Sin a"4.
f Andrew L. Ammons
President
RO, Box 1615 4 10405 -G Ligon Mill Road 4 Wake Forest. NC 27588
Phone [phone] Fax [phone] Email infoCiammonscig.com

millE,
'OR RECIST"TION REGISTER OF
D t �COW�1 v m9tC DEEDS
SP 1912:47.561N
BK:5361 PG:115 -129
433
Prepared by: MOORE & ALPHIN, PLLC (Box 5) (gent)
Return to: Rhein Brightle4 LLC, 4000 West Chase Blvd., Ste. 310, Raleigh„ NC 27607
STATE OF NORTH CAROLINA DECLARATION OF RESTRCTIONS
FOR
COUNTY OF DURHAM BRIGHTLEAF
Channel & Wetlands and Linear Wetlands
This Declaration of Restrictions for Brightleaf ("Declaration') is made as of the date set
forth in the notary acknowledgement below by RHEIN BRIGHTLEAF, LLC, a North Carolina
limited liability company (hereinafter "Declarant ").
WHEREAS, Declarant is owner of certain real property lying and being in Oak Grove
Township, Durham County, North Carolina and being more particularly described as a
"WETLAND CHANNEL" (the "Property') lying within TRACT ONE, TRACT TWO,
TRACT FIVE and TRACT NINE as shown on that certain map entitled "CHANNEL &
WETLANDS & LINEAR WETLANDS EXHIBIT" prepared by Priest Craven & Associates,
Inc., dated March 20, 2006 (Revised June 28, 2006 and July 20, 2006) attached hereto and
incorporated herein as Exhibit A;
WHEREAS, Declarant desires to impose on the Property a restrictive covenant to
preserve the Property in perpetuity in its present condition, except as hereinafter otherwise
specified; and
WHEREAS, Suntrust Bank, a Georgia banking corporation, successor by merger to
National Bank of Commerce, including its division, Central Carolina Bank ( "Sunbusf) is the
beneficiary, and Southland Associates, Inc., ("Trustee) is the trustee, under that certain Deed of
Trust recorded in Book 4373, Page 474, as amended and restated in Book 5025, Page 685,
Durham County Registry ("Deed of Trust ") encumbering a portion of the Property; and
WHEREAS, Suntrust and Trustee have agreed to execute this Declaration for the purpose
of acknowledging their consent to the terms hereof and to subordinate the lien of the Deed of
Trust hereto; and

WHEREAS, Declarant conveyed to Westfield Homes of the Carolinas, LLC, a Delaware
limited liability company ("Westfield "), that certain real property more particularly described in
Book 4373, Page 586, Durham County Registry, which includes a portion of the Property lying
within TRACT THIRTEEN as shown on said attached EXHIBIT A; and
WHEREAS, Westfield has agreed to execute this Declaration for the purpose of
acknowledging its consent to the terms hereof and to subject the portion of the Property it owns
to this Declaration.
NOW, THEREFORE, Declarant hereby declares that the Property shall hereafter be held,
transferred, sold and conveyed subject to the following restrictive covenants, which shall be
appurtenant to and run with the land, and shall inure to the benefit of, and may be enforced by,
the United States of America:
1. The Property shall be preserved in perpetuity in its natural state or condition. No
other portion of the Property, including, without limitation, those impact areas
allowed under U.S. Army Corps of Engineers Action ID 200420413 and
200420594 (the "Permit'] are or shall be subject to the foregoing restriction.
2. No person or entity shall fill, grade, excavate, or perform any other land
disturbing activities; nor cut, remove, or harm any vegetation; nor construct any
structures, nor allow animal grazing or watering or any other agricultural use on
the Property (but not including those impact areas allowed under the Permit).
This covenant is intended to ensure continued compliance with the mitigation
condition of an authorization issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, Action ID 200420413, and therefore
may be enforced by the United States of America.
3. Notwithstanding anything contained herein or elsewhere to the contrary,
Declarant, its agents or assigns, shall be allowed to conduct routine maintenance
of a non land disturbing nature on the Property. Declarant, its agents or assigns,
shall also be allowed to conduct monitoring tests of water levels and water quality
on Property.
4. Notwithstanding anything contained herein or elsewhere to the contrary, North
Carolina State University shall be allowed, with the prior consent of the
Declarant, to use the Property for educational purposes and outdoor classroom
instruction.
5. Notwithstanding anything contained herein or elsewhere to the contrary, that
portion of the Property designated as impact areas under the Permit, may be
disturbed as provided by the Permit.
6. The covenants contained herein can not be modified or amended by Declarant, the
Brightleaf Community Association, Inc. (the "Association') or any person or
entity under Declarant or the Association without the express written consent of
the U.S. Army Corps of Engineers, Wilmington District.
2

IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed as
of the date set forth in the notary acknowledgment below.
RHEIN BRIGNMEAF, LLC, a North Carolina limited liability company
By: Rhein In of Ral 'gh, LC, Manager
By.
Jam Medall, President Date signed
STATE OF NORTH CAROLINA -- COUNTY OF =retie l l
1, the undersigned, a notary public of the County and State aforesaid, hereby certify that
James M. Medall, President of Rhein Interests of Raleigh, LLC, a North Carolina Limited
Liability Company, which entity is a Manager of Rhein Interests of Raleigh, LLC, a North
Carolina Limited Liability Company, personally appeared before me and acknowledged the
execution of the foregoing instrument for and on behalf of the Rhein Interests of Raleigh, LLC,
ap. Manager of Rhein Brightleaf, LLC, by authority duly given.
G. ty';•••.
••• " " "••.W�y s my hand and official stamp or seal, this the SST day of St" , 2006.
pT AR '
�i►�e��S: � � or Seal]
QA A
V 8 L,;G �'� Publi c -LAW.A-�
�`' joanne G.L4-�es-r Ob
pit ''••N••''� Print Name:
My commission expires: 7Ma- 1 IS. 2010
3

Westfield Homes of the Carolinas, LLC,
a Delaware limited liability company
By: x�
Print N e: pea! :.) E go Y 4 cat L
Title: J. P.
STATE OF NORTH CAROLINA — COUNTY OF Wifie
S(-19-06
Date signed
L the undersigned, a notary public of the County and State aforesaid, hereby certify that
%na". E & =ju- , ilia Q ,Al - (Title) of Westfield
Homes of the Carolinas, LLC, a Delaware limited liability company, personally appeared
before me and acknowledged the execution of the foregoing instrument for and on behalf of the
Company, by its authority duly given.
Witness my hand and official stamp or seal, this the �_ day of 2006.
[Stamp or Seal]
,�` dET11 �,#,�i
Gam!
NO p
'We*
A%Z
yd;
qo N OP ublic
Print Name: F i W LOW
My commission expires: JW

. + • 0
SOUTHLAND ASSOCIATES, INC.
Trustee �---�
By. Vi President
SUNTRUST BANK, a Georgia bankii= rporation
By: ld
k1r.16
-4ZQ
Se •Y. p President
STATE OF NORTH CAROLINA - COUNTY OF Ne YAM VV;
1, K-1 At a Notary Public m and for the aforesaid County and State
aforesaid, certify that 0- personally came before me this day
and acknowledged that
jr
a is 5 r ( sident of SUNTRUST BANK, a Georgia banldng
corporation, and that@^e being authorized to do so, executed the foregoing it strtmient on behalf of the
"*.440.4
Witness mr� dhd 'al stamp or seal, this day of 2006.
1
TAgr
..p,. Notary Publi c
'08L10 � ' Print Name: 5) rn
Commission Expires:
STATE OF NORTH.CAROLINA - COUNTY OF Aw Nmitte
I, ( . a Notary Public in and for the aforesaid County and State
aforesaid, certify th Les. DfWj personally came before me this day
and acknowledged she is President of Southland Associates, Inc., a North Carolina
corporation, and tha he being authorized to do so, executed the foregoing instrument on behalf of the
Witness N. stamp or seal, day of TLk ` 2006.
NoTg9r�
AveG Notary Public
�I 1 Print Name: t Q
Commission Expires: ��

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WILLIE L. COVINGTON
REGISTER OF DEEDS, DURHAM COUNTY
DURHAM COUNTY COURTHOUSE
200 E. MAIN STREET
DURHAM, NC 27701
PLEASE RETAIN YELLOW TRAILER PAGE
It is part of recorded document, and must be submitted with original for re- recording
and /or cancellation.
AARAAAAAAAMMARf AARAAAAAAAAAAAA *AAMAfAAAffAAf AAAAAAAAAAAAAAMAHAAAl/ AAAAAAAMAAAAMAMAAMANNIMMANMAMAARMA�AMAM
Filed For Regletmdon: 091191200612:47:86 PM
Book: RE 5360 Page: 115.129
Document No.: 2006044373
DECL 15 POS $53.00
NS: $25.00
Recorder. SHARON M CEARNEL
2006044373