19930786 Ver 3_Other Agency Comments_20131227

1'
REPLY TO
ATTENTION OF
Regulatory Division
Action ID SAW- 2002 -00768
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
December 18, 2013
Mr Bobby Masters
The Reserve Development Company, LLC
Post Office Box 10879
Southport, North Carolina 28461
Dear Mr Masters.
°1 3 - D-7 2 1p V3
D NR - WA :R t�LIALITY
rgtiandr�F,,Sta�r,tivp;3, Bras��h
Please reference your October 30, 2013 request for a permit renewal of our issued
September 9, 2008 Department of the Army (DA) authorization (enclosed) to discharge fill
material into 1 56 acre of Waters of the United States (WoUS), including wetlands adjacent to
the Atlantic Intracoastal Waterway The proposed impacts are associated with the development
and construction of The Reserve at St. James Plantation located south of Highway 211, in the St.
James Plantation residential development, in Southport, Brunswick County, North Carolina
Specifically, you request the permit renewal for a minimum of three (3) years in order to
complete the remaining impacts on the 2,200 acre development
The majority of wetland impacts are complete within the project area, however several road
crossings and utility impacts are either under construction or are not likely to be completed
within the current permit authorization timeframe which expires December 31, 2013 Our office
acknowledges that the compensatory mitigation requirements associated with this action have
been fulfilled by payment into the North Carolina Ecosystem Enhancement Program (NC EEP)
in -lieu fee and through onsite preservation Monitoring continues at the onsite wetland
restoration areas Your agent will submit a monitoring report in early 2014 for our review
After review of your request and provided you do not deviate from the original permitted
plans, we are renewing your DA authorization for an additional five (5) years Your new
expiration date is December 31, 2018 Please be reminded that all conditions of the original
permit remain applicable Additionally, you are required to submit as -built surveys of the
authorized impact areas to our office within 30 days of the completion of each phase

-2-
If you have any questions or comments regarding this permit modification, please contact
Ms Liz Hair at (910) 251 -4049, Wilmington Regulatory Field Office
Sincerely,
Dale E Beter, Chief
Wilmington Regulatory Field Office
Enclosures
Copies Furnished (w/ enclosures)
Ms Karen Higgins
North Carolina Division of Water Resources
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Ms Debbie Wilson
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr Chad Coburn
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

-3-
Mr Fritz Rohde
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516

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„SlAff'S UtH • •
Regulatory Division
Action ID 200200768
Mr. John Atkinson Jr
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402 -1890
September 17, 2008
The Reserve Development Company, LLC
Post Office Box 10879
Southport, North Carolina 28461
Dear Mr. Atkinson
Enclosed is a Department of the Army permit authorizing impacts to Department of Army
(DA) jurisdictional waters of the United States, specifically the discharge of fill material into
1.56 acres waters of the United States, including wetlands, adjacent to Polly Gully and
Beaverdam Creeks and draining to the Atlantic Intercoastal Waterway, associated with the
Reserve at St James Plantation planned unit development. The 2,372 acre project area is located
on the south side of Highway 211, in the St James Plantation residential development, in the
Town of St James, Southport, Brunswick County, North Carolina
Any deviation in the authorized work will likely require modification of this permit If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified
Carefully read your permit The general and special conditions are important Your failure
to comply with these conditions could result in a violation of Federal law Certain significant
conditions require that.
a You must complete construction before December 31, 2011
b. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions
You must notify this office in advance as to when you intend to commence and complete
work

-2-
You should address all questions regarding this authorization to Kimberly Garvey,
Wilmington Regulatory Field Office at (9 10) 251 -4482
Sincerely,
Jefferson M. Ryscavage r6
Colonel, U S. Army
District Commander
Enclosures
Copy Furnished (with enclosures)-
CYnef, Source Data Unit
NOAA/National Ocean Service
ATTN Sharon Tear N /CS261
1315 East -West Hwy., Rm 7316
Silver Spring, Maryland 20910 -3282
Copies Furnished (with special conditions and plans)-
Mr Ronald J Mikulak, Chief
U S. Environmental Protection Agency
Wetlands Regulatory Section
61 Forsyth Street
Atlanta, Georgia 30303
Mr Pete Benjamin
U S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
Mr Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. David Rackley
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 29412 -9110

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402 -1890
Action ID SAW- 2002 -00768
September 9, 2008
Mr John Atkinson, Jr
The Reserve Development Company, LLC
Post Office Box 10879
Southport, North Carolina 28461
Dear Mr Atkinson
In accordance with your written request of March 2, 2007, and the ensuing administrative
record, enclosed are two copies of a permit which authorizes impacts to Department of Army
(DA) jurisdictional waters of the United States, specifically the discharge of fill material into
1.56 acres waters of the United States, including wetlands, adjacent to Polly Gully and
Beaverdam Creeks and draining to the Atlantic Intercoastal Waterway, associated with The
Reserve at St James Plantation planned unit development. The 2,372 acre project area is located
on the south side of Highway 211, in the St James Plantation residential development, in the
Town of St James, Southport, Brunswick County, North Carolina
You should acknowledge that you accept the terms and conditions of the enclosed permit by
signing and dating each copy in the spaces provided ( "Permittee" on page 3) Your signature, as
permittee, indicates that, as consideration for the issuance of this permit, you voluntarily accept
and agree to comply with all of the terms and conditions of this permit All pages of both copies
of the signed permit with drawings should then be returned to this office for final authorization
A self - addressed envelope is enclosed for your convenience
Title 33, Part 325 1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee
will be charged for permit applications when the work is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise ", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services " As your application fits the latter category, you are
requested to remit your check for $100 00, made payable to the Finance and Accounting Officer,
USAED, Wilmington The check should accompany the signed and dated copies of your permit
This correspondence contains a proffered permit for the above described site If you object
to this decision, you may request an administrative appeal under Corps regulations at 33 CFR
part 331
1 - I

-2-
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal
(RFA) form If you request to appeal this decision you must submit a completed RFA form to
the District Commander, Wilmington District Corps of Engineers at the following address
Colonel Jefferson M Ryscavage, Distract Commander
U S Army Corps of Engineers, Wilmington District
Post Office Box 1890
Wilmington, North Carolina 28402 -1890
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 November 9, 2008
It is not necessary to submit an RFA form to the Division Office if you do not object to the
decision in contained in this correspondence.
After the permit is authorized in this office, the original copy will be returned to you, the
duplicate copy will be permanently retained in this office If you have questions, please contact
Ms Kimberly Garvey at the Wilmington Regulatory Field Office, at (910) 251 -4482
Sincerely,
Jennifer S Frye, Acting Chief
Wilmington Regulatory Field Office
Enclosures
Copy Furnished (with enclosures)
Ms Kim Williams
Land Management Group, Inc
Post Office Box 2522
Wilmington, North Carolina 28402

DEPARTMENT OF THE ARMY PERMIT RECEIVED
Permittee THE RESERVE DEVELOPMENT COMPANY, LLC
SEP 16 2008
Permit No 2002 -00768 RECULATURY
Issuing Office CESAW -RG -L
NOTE The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having junsdiction over the permitted
activity of the appropriate official of that office acting under the authority of the commanding officer
You are authorized to perform work in accordance with the terms and conditions specified below
Project Description authorizes impacts to jurisdictional waters of the United States, specifically the
discharge of fill material into 1.56 acres waters of the United States, including wetlands adjacent to
Polly Gully and Beaverdam Creeks and draining to the Atlantic Intercoastal Waterway, associated
with The Reserve at St. James Plantation planned unit development
Project Location on the south side of Highway 211, in the St. James Plantation residential
development, in the Town of St. James, Southport, Brunswick County, North Carolina
Pei nut Conditions
General Conditions
1 The time limit for completing the work authorized ends on December 31, 2011 If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one
month before the above date is reached
2 You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area
3 If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National
Register of Historic Places
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 325 (Appendix A))

4 If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization
5 If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit For your convenience, a copy of the certification is attached if it
contains such conditions
6 You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions
SEE ATTACHED SPECIAL CONDITIONS
Further Information
1 Congressional Authorities You have been authorized to undertake the activity described above pursuant to
() Section 10 of the Rivers and Harbors Act of 1899 (33 U S C 403)
(X) Section 404 of the Clean Water Act (33 U S C 1344)
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U S C 1413)
2 Limits of this authorization
a This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law
b This permit does not grant any property rights or exclusive privileges
c This permit does not authorize any injury to the property or rights of others
d This permit does not authorize interference with any existing or proposed Federal project
3 Limits of Federal Liability In issuing this permit, the Federal Government does not assume any liability for the following
a Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes
b Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest
c Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit
d Design or construction deficiencies associated with the permitted work

e Damage claims associated with any future modification, suspension, or revocation of this permit
4 Reliance on Applicant's Data The determination of this office that Issuance of this permit is not contrary to the public
Interest was made in reliance on the Information you provided
5 Reevaluation of Permit Decision This office may reevaluate Its decision on this permit at any time the circumstances
warrant Circumstances that could require a reevaluation Include, but are not limited to, the following
a You fail to comply with the terms and conditions of this permit
b The information provided by you in support of your permit application proves to have been false, Incomplete, or
inaccurate (See 4 above)
c Significant new information surfaces which this office did not consider in reaching the original public Interest decision
Such a reevaluation may result in a determination that it Is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325 7 or enforcement procedures such as those contained in 33 CFR 326 4 and 326 5 The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209 170) accomplish the corrective measures by contract or otherwise and bill you for the
cost
6 Extensions General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit
(PER EE) THE RESERVE DEVELOPMENT COMPANY, LLC
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below
0- lI -O(f))
(DISTRICT ENG �R) JEFFERSON / RYS�AGE, COLONEL (DATE)
When the structures or work authoiized bly, this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property To validate the transfer of this
permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date
below
(TRANSFEREE)
(DATE)
*U S GOVERNMENT PRINTING OFFICE 1986 - 717 -125

SPECIAL CONDITIONS
Action ID. No. SAW- 2002 -00768
Work Limits
a) All work authorized by this permit must be performed in strict compliance with
the attached plans, which are a part of this permit Any modification to these
plans must be approved by the U S Army Corps of Engineers (USACE) prior to
implementation
b) Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land - clearing activities shall take place
at any time in the construction or maintenance of this project, within waters or
wetlands This permit does not authorize temporary placement or double
handling of excavated or fill material within waters or wetlands outside the
permitted area This prohibition applies to all borrow and fill activities connected
with this project
c) Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land - clearing activities shall take place at any time in the construction
or maintenance of this project, in such a manner as to impair normal flows and
circulation patterns within waters or wetlands or to reduce the reach of waters or
wetlands
Related Laws
d) All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or
other toxic materials In the event of a spill of petroleum products or any other
hazardous waste, the permittee shall immediately report it to the N C Division of
Water Quality at (919) 733 -5083, Ext 526 or (800) 662 -7956 and provisions of
the North Carolina Oil Pollution and Hazardous Substances Control Act will be
followed
Proiect Maintenance
e) The permittee shall advise the Corps in writing prior to beginning the work
authorized by this permit and again upon completion of the work authorized by
this permit
f) Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of
any pollutants except in trace quantities Metal products, organic materials
(including debris from land clearing activities), or unsightly debris will not be
used

g) The permittee shall require its contractors and /or agents to comply with the terms
and conditions of this permit in the construction and maintenance of this project,
and shall provide each of its contractors and/or agents associated with the
construction or maintenance of this project with a copy of this permit
A copy of this permit, including all conditions, shall be available at the project
site during construction and maintenance of this project
h) The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and
wetlands outside the permit area This shall include, but is not limited to, the
immediate installation of silt fencing or similar appropriate devices around all
areas subject to soil disturbance or the movement of earthen fill, and the
immediate stabilization of all disturbed areas Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control
Act of 1973 (North Carolina General Statutes Chapter 113A Article 4)
i) The permrttee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United
States and in such time and manner as the Secretary of the Army or his authorized
representative may direct, restore the water or wetland to its pre - project condition.
Enforcement
j) Violations of these conditions or violations of Section 404 of the Clean Water Act
or Section 10 of the Rivers and Harbors Act must be reported in writing to the
Wilmington District U S Army Corps of Engineers within 24 hours of the
permrttee's discovery of the violation
Mitigation
k) The Permittee shall execute and cause to be recorded in the Brunswick County
Register of Deeds the Declaration of Protective Covenants for the Reserve at St
James Plantation (see attached) for the purpose of maintaining 908 acres of
wetlands and 8,170 linear feet of stream channels, as shown on the Preservation
Map for Reserve Development Co, LLC, prepared by McHenry Surveying
(attached) and the Survey of Delineated Wetland The Reserve Tract, signed by
this office on 6/9/2008 and prepared by McHenry Surveying (also attached) in
their natural and /or mitigated state in perpetuity, within 90 days of issuance of this
Permit A final survey map of the development, sealed by the licensed surveyor,
which clearly depicts the surveyed areas of Preservation, must also be recorded
with the Brunswick County Register of Deeds at the same time the Declaration is
recorded

The permtttee shall enforce the terms of the Declaration and, prior to conveyance
of the property, shall take no action on the property described in the Declaration
inconsistent with the terms thereof Furthermore, the Permtttee shall transfer no
interest in the conservation property to any third party prior to recordation of the
easement The pem-iittee shall provide a copy of the recorded Declaration and
recorded Survey to the Corps of Engineers within 15 days of recording
The Permtttee is prohibited from performing any of the following activities within
the Preservation Areas. Filling, grading, excavating; earth movement of any
kind, construction of roads, walkways, buildings, signs, or any other structure,
any activity that may alter the drainage patterns on the property, the destruction,
mowing, or other alteration of vegetation on the property, disposal or storage of
any garbage, trash, or other waste material, or any other activity which would
result in the wetlands being adversely impacted or destroyed
These provisions relating to wetlands cannot be amended or modified without the
express written consent of the U S Army Corps of Engineers, Wilmington
District " *This includes changes as a result of any local government drainage
easement requirements*
1) The permtttee shall restore 0 65 acres of non- ripanan wetlands on site as
described in The Reserve at St James Plantation Mitigation Plan, dated
November of 2007 (attached) Construction within the permitted areas on the
property shall begin only after the permittee has performed the proposed grading
and planting work An as -built report that documents these activities for the
proposed on -site restoration must be submitted within 30 days of completion of
the proposed grading and planting work. From then on, monitoring of the
mitigation areas will occur annually for five years, or until deemed successful by
the Corps and DWQ Monitoring reports will be submitted annually by
November 151 This first monitoring report is due by November 1, 2009
m) The permtttee shall make payment to the North Carolina Ecosystem Enhancement
Program In Lieu Fee Program (NC EEP /ILF) in the amount determined by the NC
EEP /ILF, sufficient to perform the restoration of 0.91 acres of non - riparian
wetlands in the Lower Cape Fear River Basin, Cataloging Unit 03030005
Construction within jurisdictional areas on the property shall begin only after the
permtttee has made full payment to the NC EEP /ILF and provided a copy of the
payment documentation to the Corps, and the NC EEP /ILF has 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

i 0
The Reserve at St. James Plantation
Table of Proposed Impacts
Located wrin
Road
#
Type of Fill
Wetland Type
100 -Year
Widening or
SF of Impacts
Decidegrees
Floodplam9
New Road
I
Sandy fill
Pocosm
No
New
79523
339662
matenal/culvert
781117
2
Sandy fill
Carolina Bay
No
New
671186
339596
matenal/culvert
78 1246
3
Sandy fill
Carolina Bay
No
Widenmg
313126
339574
matenal/culvert
78 1257
4
AVOIDED
-
-
-
5
Sandy fill
Pocosm
No
Widemng
7407
33 9535
matenal/culvert
78 1133
6
Sandy fill
Pocosm
No
Widening
172131
339535
matenal/culvert
78 1135
7
Sandy fill
Pocosm
No
Widening
33874
339519
matenal/culvert
78 1145
8
Sandy fill
Pocosm
No
Widening
88850
339515
matenaVculvert
781150
9
Sandy fill
Pocosm
No
Widening
69122
339511
matenal/culvert
78 1151
10
Sandy fill
Pocosm
No
New
233568
339505
material /culvert
78 1187
11
Sandy fill
Pocosm
No
New
190445
339505
matenal/culvert
781194
12
NOT WETLANDS
-
-
-
13
Sandy fill
Pocosm
No
New
275702
339487
matenal/culvert
781214
14
Sandy fill material
Pocosm
No
New
71 66
339489
781220
15
Sandy fill
Pocosm
No
New
313880
339483
matenal/culvert
78 1219
16
Sandy fill
Pocosm
No
Widening
353770
339552
matenal/culvert
78 1384
17
Sandy fill
Pocosm
No
New
360418
339487
matenal/culvert
781258
18
Sandy fill
Pocosm
No
New
455276
339492
matenal/culvert
781269
19
Sandy fill
Pocosm
No
New
271970
339507
matenal/culvert
78 1298
20
Sandy fill
Carolina Bay
No
New
407382
339456
matenal/culvert
78 1312
21
Sandy fill
Pocosm
No
New
128192
339455
matenal/culvert
781375
21A
Sandy fill
Pocosm
No
New
147198
339464
matenal/culvert
78 1379
22
Bridge
Pocosm
No
New
0
339494
78 1398
23
Bridge
Pocosm
No
New
0
339493
781404
24
Bridge
Pocosm
No
New
0
339488
78 1420
25
Sandy fill
Pocosm
No
New
689723
339481
matenal/culvert
781401
26
Sandy fill
Pocosm
No
New
361086
339479
matenal/culvert
78 1411
27
Bridge
Pocosm
No
New
0
339476
78 1431
28
Sandy fill
Pocosm
No
New
96370
339395
matenal/culven
781
29
Sandy fill
Pocosm
No
Widening
70214
339370
matenal /culvert
781479
TOTAL
15]