20090587 Ver 3_More Info Received_20211130

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The Landing at Mill Creek
Pre -Construction Notification Attachments
September 8, 2021

The Landing at Mill Creek PCN Attachments SEGi
Appendices
Number
Description
1
Agent Authorization
2
Vicinity Map
3
Division of Water Resources Water Classification Map
4
Topographic Map
5
Soil Survey
6
Previously Issued Nation Wide Permit 29
7
Approved Jurisdictional Determination
8
The Landing at Mill Creek Site Plan
9
NC State Historic Preservation Office HPOWeb Map
10
Onslow County GIS Flood Map

The Landing at Mill Creek PCN Attachments SEGi
Attachment 1
Agent Authorization

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Attachment 2
Vicinity Map
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State Forest
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The Landing at Mill Creek PCN Attachments
SEGi
Attachment 3
DWR Water Classification Map
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Surface Water Classifications:
Stream Index: 19-39-3-1
Stream Name: Mill Creek
Description: From source to
Alligator Bay
Classification_ SA;HQW
Date of Class.: May 31 1956
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River Basin_ White Oak
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The Landing at Mill Creek PCN Attachments
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Attachment 4
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The Landing at Mill Creek PCN Attachments SEGi
Attachment 6
Previously Issued Nationwide Permit 29

Action ID. 2007 02428
Property Owner:
Address:
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
County: Onslow USGS Quad: Sneads Ferry
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Mill Creek Developers, LLC
attn: Mark Evans
200 Cape Fear Circle, Suite 1
Sneads Ferry, NC 28460
Agent:
Address:
Land Management Group, Inc.
attn: Ashley Futral
3805 Wrightsville Ave., Suite 15
Wilmington, NC 28403
Size and location of property (water body, road name/number, town, etc.): The 307.6 acre parcel (Mill Creek
subdivision) is located off of NC 172, approximately 0.25 mi. west of its intersection with NC 210, Sneads Ferret
Onslow County. Tax Parcel ID: 766-31.1.
Description of projects area and activity: The project involves permanent impacts to 0.37 ac. and temporary impacts
to 0.02 ac. of nonriparian wetlands for the infrastructure of a new subdivision to be called Mill Creek.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW-29
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application dated 5/20/2009 & received 5/27/2009, revised application and information dated
6/22/2009 & received 6/24/2009, and supplemental information dated 8/28/2009 and 11/10/2009 & received 9/1/2009 and
11/13/2009, respectively. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all 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 exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David E. Bailey at 910-251-4469.
Corps Regulatory Official Date: 1/25/2010
Expiration Date of Verification: 1/25/2012
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http://www.saw.usace.army.mil/WETLANDS/index.html to
complete the survey online.
Copy Furnished:
NCDENR-DWQ attn: Joanne Steenhuis 127 Cardinal Drive Extension Wilmington, NC 28405
Paramounte Engineering, Inc., 5911 Oleander Drive, Suite 201, Wilmington, NC 28403
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 CFR Part 331).
❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the 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.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determinations issued 6/29/2005 and 7/30/2007. Action IDs SAW-2005-00971 and SAW-2007-02428.
Most of site originally verified by Brad Shaver under AID: SAW-2005-00971 (6/29/2005), remaining acreage of site verified by
Brad Shaver under AID: SAW-2007-02428 (7/30/2007).
Corps Regulatory Official:
Date 1/25/2010
Copy Furnished:
NCDENR-DWQ attn: Joanne Steenhuis 127 Cardinal Drive Wilmington, NC 28405
Paramounte Engineering, Inc., 5911 Oleander Drive, Suite 201, Wilmington, NC 28403
Page 2 of 2

Special Conditions
Mill Creek subdivision
AID # 2007 02428
1) The permittee shall execute and cause to be recorded in the Onslow County Register of Deeds Declaration
of Restrictions acceptable to the Corps of Engineers (draft reviewed and approved, sent via email on
1/14/2010) for the purpose of maintaining the conservation areas, as shown on the reviewed plat (proposed
Wetlands Preservation Map The Landing at Mill Creek, sent via email on 1/15/2010) in their natural state
in perpetuity, within 30 days of the date of this document. The permittee shall enforce the terms of the
Declaration of Restrictions and, prior to conveyance of the property, shall take no action on the property
described in the Declaration inconsistent with the terms thereof. The permittee shall provide a copy of the
recorded Declaration of Restrictions to the Corps of Engineers within 15 days of recording.
These provisions relating to the wetlands cannot be amended or modified without the express written
consent of the U.S. Army Corps of Engineers, Wilmington District.
2) In order to compensate for impacts to 0.39 acres of non riparian wetlands, the permittee shall make
payment to the Hofmann Forest Mitigation Bank in the amount determined by this group (payment
instructions were sent in an email from Glenn Catts with the Hofmann Bank to Ashley Futral with LMG dated
9/9/2009), sufficient to perform the restoration of 0.39 acres of non -riparian wetlands in the White Oak
River Basin.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full
payment to the Hofmann Bank and provided a copy of the payment documentation to the Corps. Upon
payment to Hofmann Forest, Hofmann Forest must follow the reporting instructions as specified in the
Mitigation Banking Instrument regarding the use of available credits.
3) The wetland boundary, as marked on project plans submitted in the 6/22/2009 PCN revisions and
attachments received 6/24/2009, shall be physically/visually identified using silt fence, safety fence, or
similar products during all phases of construction in the following areas:
a. The limits of the wetland impacts authorized by this permit;
b. The wetland boundaries within 50 feet of all construction and other land disturbing activities
within the Landing at Mill Creek development.
Date:
Project Manager

The Landing at Mill Creek PCN Attachments SEGi
Attachment 7
Approved Jurisdictional Determination

Property Owner:
Size (acres)
Nearest Waterway
USGS HUC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2007-02428 County: Onslow U.S.G.S. Quad: NC-Sneads Ferry
NOTIFICATION OF JURISDICTIONAL DETERMINATION
North Carolina Highway 210, LLC
Joseph Pastora
2100 McKinney Ave
Suite 1550
Dallas, TX, 75201
307.6
Mill Creek
30300001
Agent:
Land Management Group
West Fryar
3805 Wrightsville Ave
Wilmington, NC 28403
Nearest Town Sneads Ferry
River Basin New River
Coordinates Latitude: 34.536648
Longitude: -77.441100
Location description: Property is located approximately 1 mile to the southwest of the intersection of NC 172 and NC 210 in
Sneads Ferry, Onslow County, North Carolina. The project is part of the Landing at Mill Creek subdivision.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated MAP DATE.
Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining
compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource
protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be
affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in 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, including wetlands on the above described project area/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 recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
® The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 7/9/2017. If you wish to
have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will
provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no
change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on SURVEY SIGNED DATE. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (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.
® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in in Wilmington, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Rachel Capito at (910)-251-4487 or
Rachel.A. C apito(a�usace.armv.mil
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 3/19/2018.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
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 5/18/2018.
**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 ofJD: 3/19/2018 Expiration Date ofJD: 3/19/2023
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http ://corpsmapu.usace.army.mil/cm_apex/f?p=1 36:4: 0.

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: North Carolina Highway 210, LLC, Joseph
File Number: SAW-2007-02428
Date: 3/19/2018
Pastora
Attached is:
See Section below
❑, INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑ PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑ PERMIT DENIAL
C
a APPROVED JURISDICTIONAL DETERMINATION
D
❑ PRELIMINARY JURISDICTIONAL DETERMINATION
SECTION I - The following identifies your rights and options
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
regarding an administrative appeal
E
of the above decision.
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept
or object to the permit.
sign the permit document and return it to the district engineer for final
you may accept the LOP and your work is authorized. Your
LOP means that you accept the permit in its entirety, and waive all
and approved jurisdictional determinations associated with the
because of certain terms and conditions therein, you may request
Section II of this form and return the form to the district
engineer within 60 days of the date of this notice, or you will
receipt of your letter, the district engineer will evaluate your
of your concerns, (b) modify the permit to address some of your
that the permit should be issued as previously written. After
you a proffered permit for your reconsideration, as indicated in
• ACCEPT: If you received a Standard Permit, you may
authorization. If you received a Letter of Permission (LOP),
signature on the Standard Permit or acceptance of the
rights to appeal the permit, including its terms and conditions,
permit.
• OBJECT: If you object to the permit (Standard or LOP)
that the permit be modified accordingly. You must complete
engineer. Your objections must be received by the district
forfeit your right to appeal the permit in the future. Upon
objections and may: (a) modify the permit to address all
objections, or (c) not modify the permit having determined
evaluating your objections, the district engineer will send
Section B below.
B: PROFFERED PERMIT: You may accept or appeal
the permit
sign the permit document and return it to the district engineer for fmal
you may accept the LOP and your work is authorized. Your
LOP means that you accept the permit in its entirety, and waive all
and approved jurisdictional determinations associated with the
(Standard or LOP) because of certain terms and conditions therein,
Engineers Administrative Appeal Process by completing Section II of
This form must be received by the division engineer within 60 days
• ACCEPT: If you received a Standard Permit, you may
authorization. If you received a Letter of Permission (LOP),
signature on the Standard Permit or acceptance of the
rights to appeal the permit, including its terms and conditions,
permit.
• APPEAL: If you choose to decline the proffered permit
you may appeal the declined permit under the Corps of
this form and sending the form to the division engineer.
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers
completing Section II of this form and sending the form to the division engineer. This form
engineer within 60 days of the date of this notice.
Administrative Appeal Process by
must be received by the division
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a
record of the appeal conference or meeting, and any supplemental
clarify the administrative record. Neither the appellant nor the
However, you may provide additional information to clarify
record.
review of the administrative record,
the Corps memorandum for the
officer has determined is needed to
or analyses to the record.
is already in the administrative
information that the review
Corps may add new information
the location of information that
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:!
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Rachel Capito
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Rachel Capito , 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 3/19/2018
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Landing at Mill Creek, SAW-2007-02428
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Property is located approximately 1 mile to the southwest of the
intersection of NC 172 and NC 210 in Sneads Ferry, Onslow County, North Carolina. The project is part of the Landing at Mill Creek subdivision.
State: North Carolina County/parish/borough: Onslow City: Sneads Ferry
Center coordinates of site (lat/long in degree decimal format): Lat. 34.536648 , Long. -77.441100
Universal Transverse Mercator:
Name of nearest waterbody: Mill Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC):
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD
form:
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: 3/7/2018
❑ Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review
area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 6100 linear feet, 4-6 wide, and/or acres.
Wetlands: 96.56 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non -regulated waters/wetlands (check if applicable):3
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g.,
typically 3 months).
3 Supporting documentation is presented in Section III.F.

® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: Existing borrow pit dug in uplands, not considered jurisdictional
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section
IH.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section
IH.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters"
(RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland
that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to
Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA
regions will include in the record any available information that documents the existence of a significant nexus between a relatively
permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a
significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider
the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical
purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary,
or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary,
Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The
determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i)
General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
El Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands
El Cobbles El Gravel
❑ Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
❑ Concrete
El Muck
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope):
(c) Flow:
Tributary provides for: Pick Lil
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑ changes in the character of soil
❑ shelving
❑ vegetation matted down, bent, or absent
❑ leaf litter disturbed or washed away
❑ sediment deposition
❑ water staining
❑ other (list):
❑ Discontinuous OHWM.7 Explain:
❑ the presence of litter and debris
❑ destruction of terrestrial vegetation
❑ the presence of wrack line
❑ sediment sorting
❑ scour
❑ multiple observed or predicted flow events
❑ abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: El Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the
OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g.,
flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i)
Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics;
etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres)
Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:

C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by
any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a
TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands,
has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations
when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the
tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not
appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its
adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain
is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed
in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or
to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other
species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological
integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs.
Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent
wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence
or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT
APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet, wide, Or acres.
❑ Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Unnamed tributaries to Mill Creek appear on USGS topographic maps as blue line streams. Stream
channels are wide have wide floodplains and relaively large drainage areas and flow year round.
❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional.
Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: 6100 linear feet 4-6 wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs8 that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is
jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
8See Footnote # 3.

4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that
tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
Wetlands surround, border and are contiguous with RPWs
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting
an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion
is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with
similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is
provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION
OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK
ALL THAT APPLY):19
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland
Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
❑ Other: (explain, if not covered above):
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review
consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors
(i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment
(check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide.
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a
finding is required for jurisdiction (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide.
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and
requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:
USDA Natural Resources Conservation Service Soil Survey. Citation: USDA Soil Survey Onslow County
National wetlands inventory map(s). Cite name: USFWS NWI Mapper
State/Local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ® Aerial (Name & Date):
or ❑ Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):
❑❑❑❑ ®❑❑❑®®❑
B. ADDITIONAL COMMENTS TO SUPPORT JD:

NOTE: This is not a survey. This map is for preliminary planning purposes only. Findings are based
upon a review of available aerial photography and limited ground-truthing. Lines depicted on the map
are approximate based upon previously surveyed lines prepared by Paramounte Engineering and
approved underAlD#:SAW-2007-02428. US Army Corps of Engineers review and renewal is recommended prior
to specific site planning. Property boundaries are based upon available tax parcel information.
axAn,57611g35,xlOri^,Mplicy trI,0071:In�ftaaru6ramalttrtn
L J Project Area — 307.6 ac
© Data Form Locations
Uplands — 211.04 ac or 69%
Previously Approved Wetlands — 96.56 ac or 31%
ANon -Jurisdictional Borrow Pits - Dug Entirely in Uplands
—,,,—•,•—„ Waters of the US - Perennial Stream — 6,100linear feet
L:\WETLANDS\2017 WETLANDS FILES\40-17-215 -- Landing at Mill Creek, Joe Pastore \Maps
Map Source: 2016 NC OneMap Imagery
SCALE 1" = 600'
(when printed at 11"x17")
The Landing at Mill Creek
Onslow County, NC
July 2017
LMG # 40-17-215
LMG
LAND MANNITIMACI r.w mmcrK
www.Imgroup.net
3805 Wrightsville Avenue
Wilmington, NC 28403
Phone: [phone] Fax: [phone]
Figure 7
Preliminary
Upland/Wetland Sketch

The Landing at Mill Creek PCN Attachments SEGi
Attachment 8
The Landing at Mill Creek Proposed Site Plan

IMPACT #I
ORIGINA MPAC
i
i
ACTUAL IMPACT
IMPACT #1
THE ORIGINALLY DESIGNED
IMPACT WAS 0.0701 ACRES.
THE ACTUAL CONSTRUCTED IMPACT
WAS THE SAME.
IMPACT #7
IMPACT # 7
THE ORIGINALLY DESIGNED
IMPACT WAS 0.1879 ACRES.
THE REVISED IMPACT WILL BE 0.0818 ACRES.
THIS IMPACT HAS YET TO BE CONSTRUCTED.
IMPACT #2
IMPACT #2
THE ORIGINALLY DESIGNED
IMPACT WAS 0.0117 ACRES.
THE ACTUAL CONSTRUCTED IMPACT
WAS THE SAME.
IMPACT #8
.
ON
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1.1
1
IMPACT # 8
THE ORIGINALLY DESIGNED
IMPACT WAS 0.0529 ACRES.
THIS IMPACT WILL BE ELIMINATED
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IMPACT #'S 3,4 AND 5
IMPACT #6
INCREASE 01,MPACT
DUE TO PLAN REVESJ,ONS
IMPACT #'S 3,4 AND 5
THE ORIGINALLY DESIGNED
IMPACTS WERE 0.0218, 0.0126 AND 0.0078 ACRES
RESPECTIVELY.
THE ACTUAL CONSTRUCTED IMPACTS
WERE THE SAME.
IMPACT #9
IMPACT # 9
THIS IMPACT IS NEW AND CONSISTS OF THE
CHANNEL CROSSING ON SHEETS C7.0 AND C7.1.
THE IMPACTED AREA IS 0.2009 ACRES.
THE CHANNEL IMPACT IS 0.0057 ACRES.
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ORIGIN
DESIGN IMPACT
INCREASE IN IMPACT
DUE TO PLAN REVISIONS
IMPACT # 6
THE ORIGINALLY DESIGNED
IMPACT WAS 0.0296 ACRES.
THE REVISED IMPACT WILL BE 0.0495 ACRES.
THIS IMPACT HAS YET TO BE CONSTRUCTED.
THE LANDING AT MILL CREEK WET LAND IMPACT INVENTORY
IMPACT ID #
AREA PROPOSED IN ORIGINAL
DESIGN (ACRES)
AREA CONSTRUCTED OR
REVISED (ACRES)
NOTES
0.0701
0.0701
2
0.0117
0.0117
0.0218
0.0218
4
0.0126
0.0126
5
0.0078
0.0078
6
0.0286
0.0495
YET TO BE CONSTRUCTED
7
0.1879
0.0818
YET TO BE CONSTRUCTED
8
0.0529
ELIMINATED
ELIMINATED IN NEW DESIGN
TOTAL AREA
ORIGINALLY
PROPOSED
0.3934
0.2553
PROPOSED STREA
COROSSING IMPAC
9
0.3950
0.2009
'PROPOSED WITH STREAM
CROSSING
TOTAL REVISED IMPACTS
0.4562
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Engineering / Consulting / Design
[e-mail]
PO BOX 4039 SURF CITY, NC 28445
910.448.1046
NC REG NO. 25572 AL REG NO. 32178
NC FIRM C

The Landing at Mill Creek PCN Attachments
SEGi
Attachment 9
NC SHPO HPOWeb Map
HPOWEB 2.0 General Audience
Find address/historic resource
CD

The Landing at Mill Creek PCN Attachments
SEGi
Attachment 10
Onslow County GIS Flood Map