20220423 Ver 1_ePCN Application_20220315

Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6, 2021 Ver 4.2
Initial Review
Has this project met the requirements for acceptance in to the review process?*
OO Yes
O No
Is this project a public transportation project?*
0 Yes 0 No
Change only if needed.
BIMS # Assigned *
20220423
Is a payment required for this project?*
J No payment required
0 Fee received
(;' Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - [phone]
Information for Initial Review
Version#*
What amout is owed?*
G $240.00
O $570.00
Select Project Reviewer*
John Perry:eads\jmperry2
la. Name of project:
Country Walk Driving Range
1a. Who is the Primary Contact?*
Dana A. Lutheran
lb. Primary Contact Email:*
[e-mail]
Date Submitted
3/15/2022
Nearest Body of Water
UT to Harris Swamp
Basin
Cape Fear
Water Classification
Harris Swamp
Site Coordinates
Latitude:
34.1103
A. Processing Information
Longitude:
-78.1196
lc. Primary Contact Phone:*
[phone]
County (or Counties) where the project is located:
Brunswick
Is this a NCDMS Project
,DYes @No
Is this project a public transportation project?*
Yes t% No
1a. Type(s) of approval sought from the Corps:
I Section 404 Permit (wetlands, streams and waters, Clean Water Act)
0 Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)

Has this PCN previously been submitted?*
0 Yes
O No
lb. What type(s) of permit(s) do you wish to seek authorization?
O Nationwide Permit (NWP)
CI Regional General Permit (RGP)
❑ Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
OYes 0No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
td. Type(s) of approval sought from the DWR:
CI 401 Water Quality Certification - Regular
CI Non-404 Jurisdictional General Permit
U Individual 401 Water Quality Certification
39 - Commercial/Institutional Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
O Yes 0 No
O 401 Water Quality Certification - Express
0 Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes G No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes 0 No
1h. Is the project located in any of NC's twenty coastal counties?
O Yes O No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
0 Yes
O No 0 Unknown
1j. Is the project located in a designated trout watershed?
0 Yes 0 No
B. Applicant Information
OYes 0No
OYes 0No
Id. Who is applying for the permit?
Owner 0 Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
OYes 0No
2. Owner Information
2a. Name(s) on recorded deed:
ELB FAMILY LP
2b. Deed book and page no.:
3697/1353
2c. Contact Person:
Mr. Ed Burnett
2d. Address
Street Address
8601 Oak Island Drive
Address Line 2
City
Oak Island
Postal / Zip Code
28465
2e. Telephone Number:
[phone]
State / Province / Region
NC
Country
US
2f. Fax Number:

2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Dana Lutheran
4b. Business Name:
Southern Environmental Group, Inc. (SEGi)
4c. Address
Street Address
5315 South College Road
Address Line 2
Suite E
City
Wilmington
Postal / Zip Code
28412
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
US
4e. Fax Number:
1. Project Information
lb. Subdivision name:
(if appropriate)
Country Walk
lc. Nearest municipality / town:
Leland
2. Project Identification
2a. Property Identification Number:
1110001415
2c. Project Address
Street Address
Old Bell Swamp Rd.
Address Line 2
City
Winnabow
Postal / Zip Code
28479
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
UT to Harris Swamp
3b. Water Resources Classification of nearest receiving water: *
Harris Swamp
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300050602
4. Project Description and History
2b. Property size:
23.23
State / Province / Region
NC
Country
USA

4a. 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 project area encompasses approximately 17-acres of historical farm field and is adjacent to NC-17, to the east, Bell Swamp Connector SE (along with some residential properties), to
the north, and mostly undeveloped residential and commercial properties, to the south and west (see attached Brunswick County GIS and 2021 Google Earth Aerial Photos). This project
is part of a PUD, which includes four parcels of land that are all contiguous to the project area (see attached Site Plan).
A majority of the project area has recently been graded to meet the Applicant's development plan. A series of man-made ditches and a relic farm pond, which was created when the
property was utilized for agriculture and live stock farmland, is located on the southeastern portion of the project area. USGS topographic maps indicate the majority of the ditches drain
toward a blue line stream, a headwater of Harris Swamp, and then to the Lockwood Folly River (see Attachment). However, during two separate site visits, Chad Coburn with the DWQ
and Tom Farrell with the USAGE verified the features did not exhibit characteristics of a stream (see attached). The Applicant has filled 106 LF (318 SF/0.007 AC) of the ditch, to gain
access to buildable upland area, within Tract 2.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
O Yes C No O Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
USAGE issued a NWP and JD, under 2007-00295, in 2009, and an ATF NWP 29 under the same number in 2013
4f. List the total estimated acreage of all existing wetlands on the property:
0.25 acres
4g. List the total estimated linear feet of all existing streams on the property:
None
4h. Explain the purpose of the proposed project: *
The purpose of the project is to provide access, across a relatively permanent water of the US (i.e., ditch), for the purpose of utilizing available uplands for commercial development.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project consists of installing 96' of 24" RCP, with 10' x 10' rip rap dissipater on the downstream side. In total, and Heavy machinery, such as backhoes, dump trucks, graders, and
pavers, will be utilized during the construction of the project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
O Yes No
Comments:
The wetlands were last delineated in 2007. It is of SEGI's opinion that the delineation has not
changed and is not requesting a JD for this permit action.
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
0 Preliminary 0 Approved O Not Verified 0 Unknown 0 N/A
Corps AID Number:
SAW-2007-00295
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Scibetta
Agency/Consultant Company: SEGi
Other: Mr. Tom Farrell, Ms. Emily Hughes, both of the USAGE, and Mr.
Chad Coburn, with the DWR.
6. Future Project Plans
6a. Is this a phased project?*
O Yes O No
O Unknown
6b. If yes, explain.
This project is part of a Planned Unit Development (PUD), within the front portion of the PUD (i.e., the project area), is zoned commercial, while the back portion is zoned residential. It is
the Applicant's desire to only develop the front portion, at this time. There are no set plans for the residential development.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
Previous Nationwide Permits (2009 and 2013) were secured to install three roads crossings, across ditches, and to alleviate drainage problems (see attached NWPs). In total and under
those permits, 317 LF (951 SF/0.02 AC) of RPW/ditches were permanently filled.
Future permits may be necessary, once plans have been prepared, for the residential portion of the PUD. Should additional impacts become necessary, the Applicant understands the
impacts will be treated cumulatively with those that have been authorized previously and with the authorization, for impacts, being sought with this application.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
0 Wetlands
EI Open Waters
4. Open Water Impacts
O Streams -tributaries 0 Buffers
O Pond Construction

4a. Site #
4a1. Impact Reason
4b. impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
A
culvert
P
ditch
Fill
Ditch
0.01
B
dissipator
P
ditch
Fill
Ditch
0.00
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.01
4h. Comments:
4g. Total permanent open water impacts:
0.01
Permanent impacts resulting from the culvert (96 LF x 3') is 288 SF (0.0066 AC) and for the dissipator (10' x 10') is 20 SF.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The Applicant had the wetlands delineated before designing the project. Also, the Applicant crosses the RPW perpendicular to the feature and is only
filling as much as the feature as necessary to gain access to the available, buildable uplands.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Stormwater and sediment and erosion control best management practices will be in utilized during and after construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes n No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Mitigation is not required for ditches. The Applicant would like to remove the conservation declaration that was required as a condition of the original 2009 NWP.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
0 Yes No
If no, explain why:
Cape Fear is not one of North Carolina's Riparian Buffer river basins.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
0 Yes C• No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)7
JYes 0No
Comments:
Stormwater is being sought concurrently with this application.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
O Yes O No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)7*
• Yes O No
2b Provide an explanation of the violation(s):
This is after the fact permit for the ditch crossing.
3. Cumulative Impacts (DWR Requirement)

3a. Will this project result in additional development, which could impact nearby downstream water quality?*
J Yes O No
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
OYes 0No0N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Provided by Brunswick County Water and Sewer.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
O Yes ® No
5b. Have you checked with the USFWS conceming Endangered Species Act impacts?*
O Yes O No
5d. Is another Federal agency involved?*
0 Yes
5e. Is this a DOT project located within Division's 1-8?
0 Yes ® No
O No ? Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S
0Yes CNo
5g. Does this project involve bridge maintenance or removal?
0 Yes ® No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
OYes 0No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
OYes 0No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
There are no trees within the project area. Therefore, there is no RCW or NLAB habitat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
0 Yes J No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
There are no water bodies with the project that would support EFH.
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 status?*
O Yes O No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Site evaluation performed by SEGi staff confirmed there are no existing structures within the property boundaries. Furthermore, this site is not located
within an area designated National Historical Place.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
0 Yes G No
8c. What source(s) did you use to make the floodplain determination?*
Brunswick County GIS (see attached).
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
2022 ATF PCN Attachment Pages.pdf 8.68MB
File must be PDF or KMZ
Comments

Signature
RI By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Dana A. Lutheran
Signature
.061:4,0f:
Date
3/15/2022

Country Walk Driving Range ATF PCN 5r GI 1
Appendix A
Parcel,PUD and Project Boundaries Map
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3/15/22

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Country Walk Driving Range ATF PCN 5 C1 ,
Appendix B
Country Walk Driving Range ATF Wetland Impact Map
3/15/22

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PARCEL ID 1 1 1000 14 1 3,
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PARCEL ID 1 1 10001401
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PARCEL ID 09700042
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PARCEL ID 0970003901
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PARCEL ID 0970004 1
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PARCEL ID 09700033
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PARCEL ID 09700039
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PARCEL ID 09700032
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PARCEL ID 0970003102
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Country Walk Driving Range ATF PCN 5r CI
Appendix C
2009 &2013 USACE Nationwide Permits
3/15/22

•
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW-2007-00295 County: Brunswick USGS Quad: Funston
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: Edwin Burnett Address: Soy Bean,LLC r _ '. ©Efi V E
5001 O'Quinn Blvd., Unit J iLi Li 2 '
Southport,NC 28461
Telephone No.: [phone]
Size and location of property(water body, road name/number, town, etc.): The 63.11 acre proiect area is located along
Highway 17 and Bell Swamp Connection NE, near Bolivia,Brunswick County,North Carolina. Parcel ID
numbers are 11100014 and 1110001407. Location: 34.1103°N, -78.1196°W.
Description of projects area and activity: The proposal includes the placement of fill material into Section 404 waters
to construct Country Walk residential subdivision and commercial tracts. There are 10 authorized impact areas as
depicted below and illustrated on the attached maps and drawings.
Authorized Impacts
Permanent Tributary impact Temporary Tributary Impact
Impact ti Impact Type (Feet) (Acres) (Feet) (Acres)
l Culverted Road Crossing 55 0.012
I A Temporary impact for road crossing construction 14 0.003
I B Temporary impact for road crossing construction 9 0.002
2 Culverted Road Crossing 54 _ 0.018
2C Temporary impact for road crossing construction 13 0.004
2D Temporary impact for road crossing construction 6 0.002
3 Culverted Road Crossing 198 0.09 I
3E Temporary impact for road crossing construction 4 0.002
3F Temporary impact for road crossing construction 4 0.002
3G Temporary impact for road crossing construction 59 0.027
Total 307 0.121 108 0.042
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: 29
Your work is authorized by the above referenced permit provided it is 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
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(CAMA1.
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington.NC, at(910)395-3900.

ACTION ID #1 SAW-2007-00295
SPECIAL CONDITIONS:
1. In order to compensate for impacts to 307 linear feet of tributaries, the permittee shall make payment to
the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC
EEP, sufficient to perform the restoration of 0.24 acres of riparian wetlands in the Cape Fear River
Basin, Cataloging Unit 03030005.
Construction within jurisdictional areas on the property shall begin only after the permittee has
made full payment to the NC EEP and provided a copy of the payment documentation to the
Corps, and the NC EEP 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.
2. The Permittee shall execute and cause to be recorded in the Brunswick County Register of Deeds the
Conservation Declaration (attached) for the purpose of maintaining the remaining waters and wetlands
as well as the stream restoration area, as shown on the Draft Wetlands Preservation Map (attached), in
their natural and/or mitigated state in perpetuity, prior to the sale or conveyance of any portion or all of
the approximately 63.11 project area or within 180 days of the date of this authorization, whichever
occurs first. At the time of recordation of the Covenants, the Permittee must also record with the
Brunswick County Register of Deeds, a final survey map of the development, sealed by the licensed
surveyor, which clearly depicts the surveyed areas of Conservation and lot/infrastructure layout.
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*.
The permittee shall enforce the terms of the Covenants and, prior to conveyance of the property, shall
take no action on the property described in the Covenants inconsistent with the terms thereof. The
permittee shall provide a copy of the recorded Covenants and recorded Survey to the Corps of Engineers
within 15 days of recording.
3. Cleared wetland areas, associated with the areas of temporary impact, shall be re-vegetated with a
wetland seed mix or a mix of native woody species. The permittee shall not use an,iiFescue grass or
any invasive species such as Lespedeza within the wetland areas.
4. Prior to construction adjacent to or within any jurisdictional areas, the permittee must correctly install
silt fencing (with or without safety fencing) along the wetland/upland boundaries on both sides of the
jurisdictional crossings. This barrier is to serve both as an erosion control measure and as a visual
identifier of the limits of construction within any jurisdictional area. The permittee must maintain the
fencing. at minimum. until the Brunswick County Engineering Department or the North Carolina
Division of Land Resources releases the site from their sedimentation and erosion control requirements
and the temporarily impacted wetlands have re-vegetated and stabilized.
Corps Regulatory Official: ' , • 2° Date: -

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 Kimberly Garrey at(910)251-4482 or.kimberly.l.sarvey!i usace.army.mil.
•
Corps Regulatory Official • _ e ./ Date: June 29,2009
Expiration Date of Verification`. June 29,2011
Copy Furnished:
Chad Coburn. DENR-DWQ, Wilmington Regional Office, 127 Cardinal Drive Ext., Wilmington, NC 28405
Dana Lutheran_ Southern Environmental Group, Inc., 5315 South College Road, Suite E. Wilmington NC 28 411

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.
n The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination, issued.
Basis of Jurisdictional Determination: The site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and water bodies with ordinary high water marks that drain to Town Creek.a Traditionally Navigable Waterway,via
Harris Swamp and Mill Creek. This parcel also contains a 0.35 acre non-jurisdictional wetland. Please contact the North
Carolina Division of Water Quality at(919)733-1786 to discuss the State's regulations and requirements for these waters.
This determination is based on information submitted by Southern Environmental Group, Inc.,and verified by this office.
E. Appeals Information
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:
District Engineer, Wilmington Regulatory Division
Attn: Kimberly Garvey, Project Manager,
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington,North Carolina 28403
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 District 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 August 29, 2009.
**It is not necessarytci submit an RFA form to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: � ` }�
f l
Date: June 29,2009 Expiration Date: June 29.2014
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 Customer Satisfaction Survey located at ow ivebsite ai lutp:-;'regulatorv.usace.curvcr.com_to complete the survey
viilnte.
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS. PROJECT PLANS, ETC.. MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.

Attach€vent 18
DRAFT — FOR PERMITTING PURPOSES ONLY
STATE OF NORTH CAROLINA
Brunswick COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS (" ") is made on this day of , 2009, by Edwin
& Marjorie Burnette ("Declarants").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property (Property) being
approximately (7.7 acres, more particularly described in Exhibit A attached hereto and by this
reference incorporated herein; and
B. The purpose of this Conservation Declaration is to maintain wetland and/or riparian resources and
other natural values of the Property, and prevent the use or development of the Property for any
purpose or in any manner that would conflict with the maintenance of the Property in its natural
condition. The preservation of the Property in its natural condition is a condition of Department of
the Army permit Action ID SAW-2007-00295 issued by the Wilmington District Corps of Engineers
(Corps), required to mitigate for unavoidable impacts to waters of the United States authorized by
that permit, and this Conservation Declaration may therefore be enforced by the United States of
America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the
Property shall be held and subject to the following restrictions, covenants and conditions as set out
herein, to run with the subject real property and be binding on all parties that have or shall have any
right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this Conservation
Declaration is prohibited. The Property shall be maintained in its natural, scenic, and open condition
and restricted from any development or use that would impair or interfere with the conservation
purposes of this Conservation Declaration set forth above.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural
features of the Property or any introduction of non-native plants and/or animal species is prohibited.
B, Construction. There shall be no constructing or placing of any building, mobile home, asphalt or
concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line,
pier, landing. dock or any other temporary or permanent structure or facility on or above the

5Gr
Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities,
including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees,
shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the property.
G. Signage. No signs shall be permitted on or over the Property, except the posting of no trespassing
signs, signs identifying the conservation values of the Property, signs giving directions or proscribing
rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the
property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any
placement of underground or aboveground storage tanks or other materials on the Property is
prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no
change in the topography of the land in any manner on the Property, except to restore natural
topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling,
filling, leveling, pumping, impounding or related activities, or altering or tampering with water
control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage
patterns. In addition, diverting or causing or permitting the diversion of surface or underground water
into, within or out of the easement area by any means, removal of wetlands, polluting or discharging
into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished by this
Conservation Declaration shall be transferred pursuant to a transferable development rights scheme
or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt
bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become
inconsistent with the purposes of this grant; the preservation of the Property substantially in its
natural condition, or the protection of its environmental systems, is prohibited.

5r6i
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the mitigation condition of
authorizations issued by the United States of America, U.S. Army Corps of Engineers, Wilmington
District, and therefore may be enforced by the United States of America. This covenant is to run with
the land and shall be binding on all parties and all persons claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the right, with reasonable
notice, to enter the Property at reasonable times for the purpose of inspecting the Property to
determine whether the Declarant, Declarant's representatives, or assigns are complying with the
terms, conditions and restrictions of this Conservation Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to entitle Corps to bring
any action against Declarant for any injury or change in the Conservation Property caused by third
parties, resulting from causes beyond the Declarant's control, including, without limitation, fire,
flood, storm, and earth movement, or from any prudent action taken in good faith by the Declarant
under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to
Property or harm to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter the Property for
any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and acknowledges that the Property is
currently undeveloped land, with no improvements other than any existing utility lines, Declarations
and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the sole owner and is seized of
the Property in fee simple and has good right to make the herein Declaration; that there is legal
access to the Property, that the Property is free and clear of any and all encumbrances, except
Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this Conservation Property shall be
held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to
the Conservation Declaration and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Conservation Declaration. If any provision is found to be invalid, the
remainder of the provisions of this Conservation Declaration, and the application of such provision

5Ci
to persons or circumstances other than those as to which it is found to be invalid, shall not be
affected thereby.
C. Recording. Declarant shall record this instrument and any amendment hereto in timely fashion in
the official records of Brunswick County, North Carolina, and may re-record it at any time as may
be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant warrants and represents that to
the best of its knowledge after appropriate inquiry and investigation: (a) the Property described
herein is and at all times hereafter will continue to be in full compliance with all federal, state and
local environmental laws and regulations, and (b) as of the date hereof there are no hazardous
materials, substances, wastes, or environmentally regulated substances (including, without
limitation, any materials containing asbestos) located on, in or under the Property or used in
connection therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year first
above written.
Declarant's Signature:
Date:

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;itinT- , DEPARTMENT OF THE ARMY
A li ' , WILMINGTON DISTRICT,CORPS OF ENGINEERS
+q17'�_. 69 DARLINGTON AVENUE
WILMINGTON,NORTH CAROLINA 28403-1343
7CEPIT
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•;ij REPLY TO
!)%ri s ATTENTION OF: L�+
September 13, 2013 1
Regulatory Division
Action ID: SAW-2007-00295
Soy Bean, LLC
Attn: Mr. Edwin Burnett
4028 Barnes Bluff Drive
Southport,North Carolina 28461
Dear Mr. Burnett:
Please reference the permit non-compliance letter sent to you July 24, 2013 to restore
approximately 200 lf of tributary on your property and install 198 lf of pipe within the same
tributary adjacent to Town Creek. This impact was associated with the development of Country
Walk residential subdivision and commercial tracts, a 63.11-acre project site located along NC
Highway 17 and Bell Swamp Connection NE, near Bolivia,Brunswick County,North Carolina.
Since the above letter was issued, you have opted to apply for Department of the Army
authorization to (1) complete impacts (referred to as Impact Area#1) previously authorized in a
permit issued to you June 29, 2009, and(2)request for 0.05 acre of after-the-fact impacts
(referred to as Impact Area#4) associated with the 200 lf of filled Waters of the U.S. (WoUS).
.This letter serves as authorization for these impacts under the terms and conditions of
Nationwide Permit 29 (see attached)to complete permanent and temporary impacts to
jurisdictional WoUS associated with the development. Total cumulative impacts for the entire
project are 0.168 acre of wetlands.
The 200 lf of after-the-fact impacts have been mitigated for by means of a re-routed
drainage ditch located directly to the south(see map attached), therefore, no additional
compensatory mitigation is required with this permit. Furthermore,this impact area was part of
an on-site preservation requirement of the original Nationwide permit referenced above which
• was recorded on September 20, 2010. We request that the original Conservation Declaration be
amended to reflect this modification to the wetland boundary as shown on the map attached.
Please provide our office with a copy of the recorded amended declaration within 15 days of
recordation.
Accordingly,the Corps will take no further action for these particular violations and close
our file as of the date of this letter. Please be cautioned that we would consider any future
unauthorized work in waters of the United States, including wetlands, a repeat and flagrant

-2-
violation of Federal law and may result in immediate referral of the matter to the U.S.
Environmental Protection Agency with recommendation for civil and/or criminal prosecution.
If you have any questions or comments concerning this authorization or modification please
contact me at [phone].
e7erely,
1
Emily B. Hug
Regulatory Sp-*II
Wilmington Regulatory •ie II Office
Enclosures
Copies Furnished(with enclosures):
Ms. Dana Lutheran
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington,North Carolina 28412
Mr. Chad Coburn
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington,North Carolina 28405

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TABLE 1
WETLAND IMPACTS - TEMPORARY
AREA A
AREA B
109.71 S.F. (0.0025 AC.)
63.47 S.F. (0.0015 AC.)
TOTAL
)16.2Sr 0.ao35A
6-
TABLE 2
WETLAND IMPACTS - PERMANENT
AREA 1 409.10 S.F. (0.0094 AC.)..
Aeca4 (II 2.0o0'BF Co .Oso.C)
TOTAL 1009.1 SF Co.0Z3
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SCALES
1' - 10.0' HOR
1-= 10.0 VER
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15
10
10
5
ID
AREA 1 SECTION A -A
15
125
TEMPORARY
IMPACT AREA A
126
SCALE: " = 50'
150
PERMANENT
IMPACT AREA 1
TEMPORARY
j IMPACT AREA 13
iy
SCALES:
1' = 10.0• HOR.
1'-100'LER
73
a
1
251
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10
25
10
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PROGRAM
RECEIPT
July 21,2009
Edwin and Marjorie Bumette
5001 O'Quinn Blvd.,Unit J
Wilmington,NC 28461
Project: Country Walk Subdivision
County: Brunswick
DWQ#: 09-0284
USACE Action ID: 2007-00293
EEP No.: ILF-2009-6634 IMS#20231
Amount Paid: $14,900.00
Check Number: 3758
The North Carolina Ecosystem Enhancement Program(NCEEP)has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s)issued for the
above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with
the authorized activity as specified below 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 NCEEP,by acceptance of this payment,acknowledges that the NCEEP 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 below.
River Basin Stream Credits Wetland Credits Buffer I&II
HUC (linear feet) (acres) (Sq.Ft.)
Cape Fear Cold Cool Warm Riparian Non-Riparian Coastal Marsh
03030005 0 0 0 0.24 0 0 0
Please note that requests for reimbursement of payments made to NCEEP are considered on a case by case basis. Requests
for reimbursement must be received within 12 months of the date of this receipt. Any such request must be accompanied by
letters from the permitting agencies stating that the permit and/or authorization have been rescinded and/or that NCEEP is not
responsible for providing mitigation credit. If you have any questions or need additional information,please contact Valerie
Mitchener at(919)715-1973 or Kelly Williams at(919)716-1921.
Sincerely,
William D.Gilmore,PE
Director
cc: Cyndi Karoly,NCDWQ Wetlands/401 Unit
Kim Garvey,USACE—Wilmington,Thelma Hemmingway,USACE Wilmington
Chad Coburn,NCDWQ-Wetlands/401 Unit
Dana Lutheran,agent
File
.. Protect-mg DGLY Stutz 7A
• NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715-0476/www.nceep.net

Country Walk Driving Range ATF PCN Sr• CI
Appendix D
NC Division of Water Resources Stream Determination
3/15/22

Country Walk Driving Range ATF PCN 5r ci
Appendix E
Brunswick County GIS Flood Map
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3/15/22