20090587 Ver 2_401 Application_20140514

ALMG
LAND MANAGEMENT GROUP ixc.
Environmental Consultants
May 9'h, 2013
TO: Ms. Joanne Steenhuis
NCDENR Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 401 Water Quality Certification Application
The Landing at Mill Creek; Onslow County, NC
DWR Project # 09 -0587
Dear Joanne:
20090587v'a-
IECEIVE
MAY 1 3 2014.
Enclosed is a 401 WQC application for your review. This application is submitted on
behalf of NC Hwy 210, LLC for the construction of a residential subdivision named the Landing
at Mill Creek, which is located near Highways 210 and 172 in Onslow County, NC. Section
404/401 Permits were obtained for this site in 2010 under a previous landowner. The property
was sold to the current applicant and they were unaware that the permits had expired. The
developer began constructing roads within the site and several of the previously authorized
wetland crossings have been installed. A total of 0.37 acre of permanent wetland impacts and
0.02 acre of temporary wetland impacts are needed within the development for road crossings
and utility line placement.
The Pre - Construction Notification form, associated maps, and site plan are enclosed for
your review. The applicant proposes to purchase 0.40 acre of non - riparian wetland credits from
the Bachelors Delight Mitigation Bank to mitigate for the impacts. Additionally, some on -site
wetlands will be preserved. Please note the $240 application fee has been submitted to your
Raleigh office. Please contact me if you have any questions. Thank you for your assistance with
this project.
Sincerely,1 -
�v
Kim Williams
Environmental Scientist
Encl.
Cc: Mr. Joe Pastora, NC Hwy 210, LLC
Mr. Tim Clinkscales, Paramounte Engineering
Mr. Brad Shaver, USACE
Ms. Jennifer Burdette, NC DWR
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

May 91h, 2013
TO: Mr. Brad Shaver
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
RE: NWP 14 Application
'The Landing at Mill Creek; Onslow County, NC
Action ID# SAW- 2007 -02428
Dear Brad:
r
Enclosed is a NWP 14 `application for your review: This application is submitted on
behalf of NC Hwy, 210, LLC for the construction of a residential subdivision named the Landing
at Mill Creek, which is located near Highways 2`10 and 172 in, Onslow County, NC. Section
404/401 Permits were obtained for this site in 201,0 under a previous landowner. The property
was sold, to the current applicant 'and they were unaware that the permits had expired. The
developer began constructing roads within the site and several of the previously authorized
wetland crossings have been installed. A total of 0.37 acre of permanent wetland impacts and
0.02 acre of temporary wetland impacts are needed within the developmencfor road crossings
and utility,line placement.
The Pre - Construction Notification form, associated maps, and site plan are enclosed for
,your review. The applicant proposes to purchase 0.40 acre of non - riparian wetland credits from
the Bachelors Delight Mitigation Bank to mitigate for the impacts. Additionally, some on -site
wetlands will be preserved. Please contact me if you have any questions. Thank you for your'
assistance with this project.
Sincerely, _
i
l -
Kim Williams
Environmental Scientist
Encl.
Cc: Mr. Joe Pastora, NC Hwy 210, LLC
Mr. Tire Clinkscales, Paramounte Engineering
Ms. Joanne Steenhuis; NC DWR
Ms Jennifer Burdette; NC DWR
wwwJmgroup net • [e-mail] • Phone. [phone] • Fax [phone]
3805 Wrightsville Ave,, Suite 15, Wilmington, NC 28403

�oF wA RO Office Use Only:
Corps action ID no.
2 0 0 9 0 5 8 7 V, a DWQ project no.
Form Version 1.3 Dec 10 2008
PAID
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
® Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because wrtten approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
® Yes
❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
® Yes
❑ No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
The Landing at Mill Creek
2b.
County:
Onslow County
2c.
Nearest municipality / town:
Sneads Ferry
2d.
Subdivision name:
The Landing at Mill Creek
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
NC Hwy 210, LLC
3b.
Deed Book and Page No.
4043 9;4043 6
3c.
Responsible Party (for LLC if
applicable):
Mr. Joe Pastora
3d. Street address:
2100 MCKINNEY AVE, STE 1550
3e. City, state, zip:
DALLAS TX 75201
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
PAID
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner) N/A
4a
Applicant is
❑ Agent ❑ Other, specify
4b
Name
4c
Business name
'(if applicable)
- -
4d
Street address
4e
City, state, zip
4f_
Telephone no
4g
Fax no
4h� ,Email address
5.
,Agent/Consultant Information (if applicable)
5a Name
Kim Williams -_
5b
Business name
(if applicable)
Land Management Group, Inc
-
5c
Street address
3805 Wrightsville Avenue, Suite 15
5d
City, state, zip
Wilmington, NC 28403
5e
Telephone no
(910) 452 -0001
5f
Fax no
(910) 452 -0060
5g
Email address
kwilliams @lmgroup net
Page 2 of 12

B. Project - Information and Prior�Project History
1. Property Identification
1a Property identification no (tax PIN or parcel ID)
426904807093,'427903013953
Latitude x34 5369 Longitude - 77 4416'
lb Site coordinates (in decimal degrees)
(DD 'DDDDDD) ( -DD DDDDDD)
Overall S/D is 307 6 acres, but several lots,,in Section 1
1 c_ Property size
have been sold
2. Surface Waters
2a Name of nearest body of water (stream, river, etc) to
Mill Creek
proposed project
2b Water Quality Classification of nearest receiving water
SA
2c River basin
White Oak 03030001
3. Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
Section 1 of the, subdivision has already been constructed and contains single - family homes Other sections are largely
forested, but most roads have been constructed Wetland impacts 1 -4 and 8 have been installed The adjacent
properties are forested to the west -and northwest, residential to the,northeast, east and south There are some light
industnal uses to the east of the property
3b List the,total estimated acreage of all existing'wetlands on the property
96 acres,
3c, List the total estimated' linear feet of all existing streams (intermittent and perennial) on the property
3,000 feet
3d Explain the purpose,of the proposed ,project
The purpose of the' proposed ;project isJo complete the development of a 468 -lot residential subdivision `Proposed
wetland impacts are necessary'for road and utility crossings
3e Describe the overall projecf in detail, including the type of equipment to be'used
This prolect,includes the development of a residential subdivision comprised of 468,'lots on a total of 307 6 acres The
average lot size will be O'598,acres Typical construction equipment'will,be used to pave a road'system and clear lots for
,building footprints Asediment and erosion control plan including silt fencing has been and will continue,to,be
implemented Upland areas that do not contain lots will be, maintained as open space 56 21 acres will be designated',as
open space or °recreational areas One piling- supported bridge will be�constructed over a stream A femporary impact of
0 02 acres' is needed for utility placement
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments
4b If the Corps'made the jurisdictional determination, what type
❑ Preliminary ®'Final
of determination was made?
4c- If yes, who delineated the jurisdictional areas?
Agency /Consultant Company
Name (if known) N/A
Coastal Environmental Consulting, Inc
4d If yes; list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
The delineation was approved by'Brad Shaver of the USACE on 7/30/2007 The JD was renewed on 9/21/12 by Dave
Bailey (SAW- 2007 - 02428)
Page 3 of 12
PCN Form — Version 1 3 December 10, 2008 Version

Project Information and Prior Project'History
& Project History
5a Have permits or certifications been requested or obtained for
®'`Yes - ❑ No ❑ Unknown
this project (including all prior phases)'in the past?
5b If yes, explain in,detail according to "help file" instructions
The previous land owner received a NWP 14 (SAW- 2007 - 02428) and a 401 WQC (DWQ Project # 09 =0587) in 2009 for
0 37 acre of permanent wetland impacts and.0 02 acre of temporary wetland impacts The property has changed owners
since that time The new owner was unaware.that the permits had expired and installed Impacts 1 -4 and 8 of the
development He is now requesting a renewal of the previous permits The -site plan submitted in this application is the
same as what was previously authorized
6. Future Project Plans
6a Is this a phased p�roiect?
®Yes ❑ No
6b If yes, explain
Section 1 has already been, constructed All phases are depicted in the permit application and accompanying site plan
Page 4 of 12

C. Proposed Impacts Inventory
1. Impacts Summary
la Which sections were completed below for your project (check all that apply)
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ®P F-1 T
Road Crossing
Bottomland
Hardwoods
❑Yes
® No
®Corps
® DWQ
003,
W2 ®P ❑ T
Road Crossing
Bottomland
Hardwoods
❑ Yes
® No
N Corps
® DWQ
001
W3, ® P ❑ T
-
Culverted Road
Crossing
Bottomland
Hardwoods
❑ Yes
® No
® Corps
® DWQ_
010
W4 ® P ❑'T
Culverted Road
Bottomland
❑ Yes
® Corps
003
Crossing
Hardwoods
®'No
® DWQ _
W5 ®' P ❑ T
Culverted Road
'Bottomland
'El Yes
® Corps
003
Crossing
Hardwoods
'® No
® DWQ
_
W6 ®'^P ❑ T
Culverted Eoad
Crossing
'Bottomland
Hardwoods
❑ `Yes
® No
® Corps
® DWQ
01,7
W8 ❑ P ®' T
Utility Placement
Bottomland
Hardwoods
❑'Yes,
® N'o
�' Qbrps
®, DWQ
002
2g. Total wetland impacts
'039
2h Comments Impacts 1 -4 and 8 have already been•installed Road crossing 47 is' not included in the impact section, of this
application since it will be a bridged crossing Impact #8 is temporary 10' feet +of the, impact;is,a °temporary disturbance
corridor, area allowed to revegetate naturally while the other 20' is a temporary impact' which Will be,a permanently maintained
corridor
3. Stream Impacts NIA
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the, site, then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
°3f
3g
Stream impact
Type.of impact
Stream name
Perennial
Type ofjunsdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
`(feet)
feet)
E:1 PER
E:1 Corps
S1 ❑ P F-1 T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S2 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S3 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S4 ❑ P ❑ T
❑ INT
❑ DWQ
E:] PER
❑ Corps
S5 E] P ❑ T
❑ INT
❑DWQ
3h Total stream and tributary impacts
31 Comments
Page 5of11
PCN ,Form — Version 1 3 December 10, 2008 Version

4. Open Water Impacts N/A
If theire,are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U S then indiv! ually list all open water'im acts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary ` T
01 ❑P ❑T"
02 ❑JP ❑T
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts
4g Comments
5. Pond or Lake Construction N/A
If, ohd or lake construction proposed, the complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
PondAD.
Proposed use or purpose
(acres)
-
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
number
of'pond
r
P1
P2
5f. Total
5g Comments
5h Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no
51 Expected pond surface area (acres) -
5j Size of pond watershed (acres)
5k 'Method of,construction
6. Buffer'lmpacts (for DWQ) N/A
If project will impact a protected riparian buffer, then complete the chart below, If yes, then individually list all buffer impacts
below If any impacts require mitigation, then-you MUST fill out Section D of this form
6a:
❑ Neuse ❑Tar- Pamlico [:1 Other
Project is °in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer,impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Tem ora T ,
impact
required?
El Yes
B1 ❑P
❑ No
❑
B2 ❑P ❑T
❑ Nos
❑Yes
B3 ❑P ❑T'
❑ No
6h Total buffer impacts
61 Comments
Page 6 of 11

D.
Impact Justification and Mitigation
1.
Avoidance -and Minimization —
1a,
Specifically describer measures °taken',to avoid or minimize the proposed impacts in designing project
Impacts were minimized by,careful site design Lots were rearranged to reducelimpacts, especially near Impacts #3 and'
#4 All proposed impactsware final A bridge will .be constructed at Road Crossing #7 to avoid stream impacts Road
layout utdizedezisting roadways through wetlands Crossing #8'is a temporary'impact
lb
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques -
Construction of a bridge at Road'Crossing #7 will ensure that no equipment will disturb the wetland stream area Silt
fencing will'be used during construction to reduce sediment from eroding into the wetland areas
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 ❑ No
2b
If yes, mitigation is required by (check all that apply)
❑ DWQ ® Corps
2c
If yes, which mitigation option will be used for this
project?
® Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a
Name of Mitigation Bank Bachelors Delight Wetland Mitigation Bank
3b
Credits Purchased ,(attach receipt and letter)
Type Non - riparian
Quantity 0 40 ac
3c Comments
4.
Complete if Making a Payment to,,ln -lieu Fee Program N/A
' 4a' Approval letterfrom in- liewfee program is attached
❑ Yes
4b- stream, mitigationarequested
linear feet
4c
'If using, stream mitigation, stream temperature,
❑ warm ❑ cool ❑cold
4d
Buffer mitigation requested (DWQ only)
squareJeet
4e
Riparian wetland mitigation requested
'acres
4f
Non - riparian wetland mitigation, requested
acres
4g
Coastal (tidal) wetland mitigation requested_
acres
4h,'Comments
5.
Complete if Using a Permittee, Responsible Mitigation Plan
5a
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
The original NWP required that wetlands on individual lots-be preserved Several lots in Section 1 that contain wetlands
(278, 279, 394 -401) were sold without recordation Therefore, the total amount of wetlands to be preserved will be less
than originally planned
Page 7 of 11
PCN Form —Version 1 3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ N/A
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑Yes ® No
6b If yes, then identify the square feet of impact,to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1
1 1,5
6f Total buffer mitigation required:
6g If'buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund)
6h Comments
Page 8 of 11

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan N/A
la
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of`the NC Riparian Buffer Protection Rules?
1 b
If yes, then is, a diffuse flow plan included? If no, explain why
❑ Yes ❑ No
Comments
2.
Stormwater Management Plan
2a
What,is ,the,,overall percent, irnperviousness of this project?
25,%
2b
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why N/A
2d
If this project DOES require a Stormwater Management Plan, then prowde,a, brief, narrative description of the plan
Stormwater Management Permit has been issued (Stormwater Permit No SW8 070641)
❑ Certified Local Government
2e
Who will be responsible for the review of the,Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review N/A
3a
do which local government's jurnsdiction,is this project?
❑ Phase II
❑ TNSM
3b
Which of the following locally - implemented stormwater management „programs
'❑ US P
apply (check all that apply,)
'❑ Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
i
® Coastal counties
❑ HQW
4a
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 -246
❑ Other
4b
Has,the approved Stormwater Management Plan with proof,df approval been
®Yes C1 No
attached?
5.
DWQ 401 Unit Stormwater Review NIA
5a 'Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b
Have all of the 401 Unit ,submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1 3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a Does,the project involve an expenditure of public (federal /state /focal) funds or the
❑ Yes ® No
use of public (federal /state) land?
lb If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or'State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1,c If you answered "yes" to the above, has the document review been finalized by the
State'Clearing House? (If so, attach a copy of the NEPA or SEP,A final approval
❑ Yes E] No
letter )
Comments N/A
2. Violations (DWQ Requirement)
2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer'Rules,(15A NCAC 26 0200)?
2b Is this an after - the -fact permit applhcatioO
® Yes ❑ No
2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)- The property was
sold and the -new landowner was unaware that'the Section 404/401 permits had expired Crossings 1 -4 and 8 have been
installed
3. Cumulative'Impacts (DWQ Requirement)
3a Will this project (based on past and reasonably anticipated future impacts) result'in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance With the
most recent, DWQ policy,, If you answered '"no," provide a short'narrative description
This project will not provide access to adjacent properties No future wetland /str"eam impacts are anticipated
4. Sewage Disposal (DWQ Requirement)
4a Clearly °detail the ultimate treatment methods and disposition, (non-discharge or discharge) of wastewater generated from
the proposed project; or available capacity,of the subject facility,
The project ties into, the North Topsail Utilities sanitary sewer
Page 1,0 of 11
PCN Form = Version 1 3 December 10, 2008' Version

5.- Endangered Species and Designated Critical�Habitat (Corps Requirement)
5a, Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b Have you checked with the USFVVS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c Iflyes, indicate the USFWS Field Office you have contacted
❑ Asheville
5d What'data sources did you ,use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species One rare
animal species, the glossy crayfish snake (Regina ngida) is'known to occur in the vici'nity,, but not in the specific project
area
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b What data sources did you use to determine whether your site,would impact Essential Fish Habitat ?,
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat No data was depicted for the project area
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes No
status (e g , National Historic Trust designation or properties significant in
North Carolina history and archaeology,)?
7b What data sources did you use to,determme whether your site would: impact historic or archeological resources?
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of
cultural or historic resources No existing cultural or historical resources- were noted within or adjacent to the site
According to the website, the Everett Family House (ON0135) used to be located within,Section 1 of the development
The house is no longer present
8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA - designated 100 -year floodplain?
❑ Yes ® No
8b If yes, explain how project meets FEMA requirements
8c What sources) did you use to make the floodplain determination? The NC'Floodplain Mapping Information System
website was used to determine the boundaries of the 100 -year floodplain The project, site does ,not fall within these
boundaries
Kim Williams
I j
5/7/2014
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signatureas valid only if an authorization letter from the applicant
is provided
Page 11 of 11

AGENT ,AUTHORIZATI'ON FORM
TO WHOM IT MAY CONCERN:
I /we, the undersigned, hereby- authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of infoimation related to the Section 404/401 permit application
for the,L• anding at-Mill Creek site: All questions in regard's to this project should be directed, to
Land Management Group, Inc.
Sincerely,
in 4 Nvt� G t 01 L,L (_ ��-
Owner/ApplicWht
Pc�6taa 5,
Print Name
L1/(2 � %)l
Date

North Carolina Secretary of State
Account Login Register
Page 1 of 1
North Carolina
Elaine F. Marshall DEPARTMENTOF THE
Secretary ECRETARY O>= ST'A`FF
PO Sox 29622 Raleigh, NC 27626-0622 (919)807 -2000
Date: 5/16/2014
Click here to-
View Document Filings i File an Annual Report i
J Print a Pre - populated Annual Report Fellable PDF Form i Amend A Previous Annual Report
Corporation, Names
'Name Name Type
NC NC HWY 210, LLC LEGAL
Limited Liability Company Information
SOSID:
1316838
Status:
Current - Active
Effective Date:
5/8/2013
Citizenship:
DOMESTIC
Duration:
PERPETUAL
Annual Report Status:
CURRENT
Registered Agent
Agent Name:
Office Address:
Mailing Address:
Principal Office
CT CORPORATION SYSTEM
150 FAYETTEVILLE ST, BOX 1011
RALEIGH NC 27601
150 FAYETTEVILLE ST ; BOX 1011
RALEIGH NC 27601
Office Address: 2100 MCKINNEY AVE, SUITE 1550
DALLAS TX 75201
Mailing Address. 2100 MCKINNEY AVE, SUITE 1550
DALLAS TX 75201
Of icers /Company Officials
This�website is provided to'the public as a part�of theoSecretary of State Knowledge. Base,(SOSKB) system Version
3033
http: / /w,ww. secretary. state. nc. us / corporations /Corp.aspx ?Pi'temId= 10247595
5/16/2014

0
d
- C201312800082
ARTICLES OF ORGANIZATION
OF
NC HWY 210, LLC
SOSID: 1316838
Date Filed:,5 /8/2013 3:38:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C201312800082
1
Pursuant to §57C -2 -20 of the,General Statutes of North,Carolina,- the undersigned does heieby,submit these Articles
of Organization.for the purpose of forming,a limitedliability company.
1. The name of the limited liability, company,is NC'Hwy 210, LLC.
2. The period of duration of the limited liability company is perpetual.
3. The name and address of each person executing these, articles �of organization is as follows:
Spruillco, Ltd., Organizer
301 Fayetteville St , Suite 1900
Raleigh, North Carolina 27601
4. The streetiand mailing address and county ofthe initial registered office ofthe limited liability company
are:
150 Fayetteville Street, Box 10,11!
Raleigh, North Carolina 27601
Wake County
5. The name of the initial registered agent is C T Corporation System.
7. The street and mailing address and county of,-the principal office of the limited liability, company are.
2100 McKinney Ave., Suite 1550
Dallas, Texas 75201
Dallas County
8 Except as' provided by N.C. Gen. Stat. '§ 57C- 3- 20(a), the members of this limited liability company shall
not be managers by virtue of their status as members.
10 To the fullest extent permitted by the North Carolina Limited Liability Company Act as it exists or may
hereafter be amended, no person who is serving or who has served as a manager of the limited liability
company shall have personal liability arising out of an action, whether by or in the right of the limited
liability company or any of its members or otherwise, for monetary damages for breach of any duty as a
manager. Any repeal or modification of this article shall not adversely affect any right or protection of a
manager of the limited liability company existing at the time of such repeal or modification. The
provisions of this article shall not be deemed to limit or preclude indemnification of a manager by the
limited liability company for any liability that -has not been eliminated by the provisions�of this article,
11. These articles will be effective upon filing.
This is the 1 day of May, 2013.
2853585
SPRUILLCO, LTD., Organizer
By: C %0MJA," ` Ulmu (11�
Stephanie S ders
Vice President
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Map Source: North Carolina Atlas & Gazetteer. Pg 85.2003
The Landing at Mill Creek
Onslow County, NC
NC HWY 210, LLC
May 2014
MG
LAND MANAGEMENT GIIUVP .
www.LMGroup. net
Phone: [phone] • Fax [phone]
3805 Wrightsville Avenue; Suite 15
Wilmi ngton, NC 28403
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SCALE 1" = 1 Mile
Figure 1
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The Landing at Mill Creek LMG
Onslow County, NC LAND MANAGEMENT GROUP
_ Figure 2
NC HWY 210, LLC www.LMGroup.net USGS Topographic Map
Phone: [phone] • Fax [phone]
May 2014 3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403

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Date 04/13109
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Date 03/26109
PARAMOUNTE sate cWm NC HWY AVE, LLC
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Date 03/26109
PARAMOUNTE sate cWm NC HWY AVE, LLC
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Prot No 07128 PE

NOTE E -A - 4 0
ROOT MAT OF THE 10' WIDE ( 1 _ j .,`�a
SECTION OF THE TEMPORARY/
IMPACT AREA SHALL NOT BE
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15
— 20' TEMPORARY
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(TO BE A PERMANENTLY
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i
.PROPOSED
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-50 0 +50
WETLAND CROSSING #8 - CROSS SECTION
HORIZONTAL SCALE 1 " =50'
VERTICAL SCALE V =5'
GRAPHIC SCALE
0 25 50 100 150
SCALE: 1"=50'
Date 04/13/09
PARA'M'L.J UNT.L/ Scale cWm NC HWY AVE, LLC
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Proi No 07128 PE
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WETLAND CROSSING #8 - CROSS SECTION
HORIZONTAL SCALE 1 " =50'
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GRAPHIC SCALE
0 25 50 100 150
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Date 04/13/09
PARA'M'L.J UNT.L/ Scale cWm NC HWY AVE, LLC
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Proi No 07128 PE

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id SAW- 2007 -02428 County Onslow U S G S Quad Sneads Ferry
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner 1 CNYA Investments, LLC > Agent Coastal Environmental Consulting.
attn: Charlie Mantooth attn: Gene CIifton
Address 200 Cape Fear Circle, Suite 1 Address 7748 Cypress Island Drive
Sneads Ferry, NC 28460 Wiimintzton, NC 27411
Property Owner 2 Onslow County Board of Education
Address. 200 Broadhurst Road
Jacksonville, NC 28540
Property description
Size (acres) 248.72 Nearest Town Sneads Ferry
Nearest Waterway UT to Mill Creek River Basin White Oak
USGS HUC 03020302 Coordinates 34.537987 N - 77.440954 W
Location description The property is located near the southwest corner of the intersection of NC 172 and NC 210, in
Sneads Ferry Onslow County North Carolina The Project Area includes only Parcel #s 766-1.1.766-1.3,766-29, and
766 -36.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there maybe wetlands on the above described property We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction To be considered final, a
jurisdictional determination must be verified by the Corps This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification
X There are waters of the U S including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification
_ We strongly suggest you have the wetlands on your property delineated Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner For a more timely
delineation. you may wish to obtain a consultant To be considered final, any delineation must be verified by the Corps.
X The waters of the U S including wetlands on your property have been delineated and the delineation has been verified
by the Corps We strongly suggest you have this delineation surveyed Upon completion, this survey should be reviewed
and verified by the Corps Once verified, this survey will provide an accurate depiction of all areas subject to CWA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years
_ The waters of the U S including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on _ 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 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
Page 1 of 2 ,

X 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 Wilmington, NC, at (910) 395 -3900 to determine
their requirements
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Mr. David E. Bailey at (910) 251 -4469 /
David .E.Bailev2a.usace.armv.mil.
C. Basis For Determination
T_he_site exhibits features with Ordinary High Water and wetland criteria as defined in the 1987 Corps Wetland
Delineation Manual and`a0plicable Regional Supplements The ~hers on -Site include unnamed tributaries (UTs) to
Mill Creek and a UT to Turkev Creek —all Relatively Permanent Waters (RPVVs) some of which flow into Mill Creek, a
Traditionally Navigable Water (TRW} and some of which flow into Turkev Creek, an RPW which becomes a TNW —
and abutting wetlands This determination is based on an office verification by David E. Bailey of the U.S. Army Corps
of Engineers on 9/2112012.
D. Remarks
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 descnbed 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 IOM15
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 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 November 20, 2012
* *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
conespondence **
Corps Regulatory Official
Date September 21, 2012 Expiration Date September 21, 2017
Copy furnished
Joanne Steenhuts , NCDENR -DWQ, 127 Cardinal Drive Extension, Wilmington, NC 28405

U.S. ARMS' CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2007 02428 County Onslow USGS Quad- Sneads Ferry
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner Mill Creek Developers, LLC Agent Land Management Group, Inc.
attn: Marls Evans attn: Ashley Futral
Address. 200 Cape Fear Circle, Suite 1 Address 3805 Wrightsville Ave., Suite 15
Sneads Ferry, NC 28460 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 Ferrv,
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 11110/2009 & 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

r
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
91912009), 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

1P
NCDEINR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mill Creek Developers, LLC
Attn. Mark Evans
200 Cape Fear Circle, Surtel
Sneads Ferry, NC 28460
Division of Water Quality
Coleen H Sullins
Director
January 27, 2010
DWQ Project # 09 0587
Onslow County
Dee Freeman
Secretary
Subject Property- The Landing at Mill Creek, Sneads Ferry
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Evans
You have our approval, in accordance with the attached conditions and those listed below, to
permanently impact 0 37 acres of jurisdictional wetlands for the purpose of a road crossing to access the
property and temporarily impact 0 02 acres of jurisdictional wetlands for a utility line, as described
within your application dated May 20, 2009 and received by the Wilmington Regional office on May 28,
2009 and additional information received on August 31, 2009, November 16, 2009, November 25, 2009,
January 15, 2010 and January 26, 2010. After reviewing your application, it has been determined that
the impacts are covered by General Water Quality Certification Numbers 3705(GC 3705) The
Certification allows you to use Nationwide Permit 29 (NW 29) when issued by the US Army Corps
of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not limited to)
Erosion and Sediment Control, Non - discharge, and stormwater regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 or CAMA Permit
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you maybe required to send us anew application If the property is
sold, the new owner must be given a copy of this Certification and approval letter and is thereby
responsible for complying with all conditions. If total fills for this project (now or in the future) exceed
one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed on the following pages
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone 910 - 796 -7215 / FAX [phone]
Internet www ncwoterauality orq
An Equal Opportunity /Affirmafrve Action Employer
50% Recycled/ 10% Post Consumer Paper
NorthCarolina
Naturally
Customer Service 1- 877 - 623 -6748

Page Two
Mill Creek Developers, LLC
Attn- Mark Evans
DWQ # 09 -0587
January 27, 2010
The Additional Conditions of the Certification are:
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met No other impacts are
approved including incidental impacts-
2 Sedimentation and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards.
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project
c For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act
3 No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification All
construction activities, including the design, installation, operation, and maintenance of sediment
and erosion control Best Management Practices, shall be performed so that no violations of
state water quality standards, statutes, or rules occur
`f G
Amount Approved (Units)
Plan Location or Reference
Stream
N/A (feet)
404 Wetlands
Overall Site Plan (in file)
Permanent
0 37 acres
Wetland Crossing —cross sections for
Temporary
0 02 acres
impacts 1, 2, 3a, 3b, 4, 5, 6 & 8 (attached)
2 Sedimentation and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards.
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project
c For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act
3 No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification All
construction activities, including the design, installation, operation, and maintenance of sediment
and erosion control Best Management Practices, shall be performed so that no violations of
state water quality standards, statutes, or rules occur
`f G

Page Three
Mill Creek Developers, LLC
Attn Mark Evans
DWQ # 09 -0587
January 27, 2010
4. No Sediment & Erosion Control Measures within Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, they shall be removed and the natural grade restored within six
months of the date that the Division of Land Resources has released the project
5. Construction Stormwater Pen-nit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit If your project is covered by
this penult [applicable to construction projects that disturb one (1) or more acres], full
compliance with permit conditions including the sedimentation control plan, self - monitoring,
record keeping and reporting requirements are required A copy of this permit and monitoring
report forms may be found at http •11h2o enr state nc us/su /Forms Documents him If there are
any questions about this permit, please do not hesitate to call the TVilmington Regional Office at
910 796 7215 and ask for someone in NPDES Permitting.
6 Deed Notifications and/or Restrictions
A copy of the recorded restrictive covenants as required by the US Army Corps of Engineers for
the remaining wetlands on the proposed lots Also a recorded copy of the deed notifications
for the remaining wetlands within the project boundary must be submitted to this Office and to
the 401 Oversight and Express Unit in Raleigh These mechanisms shall be put in place at the
time of recording of the property, or of individual lots, whichever is appropriate. A sample deed
notification can be downloaded from the 401 /wetlands Unit website at
http- //h2o eiu.state ne us /ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to a specific project
7 Wetland Boundary Identification
The wetland boundary must be clearly identified on all lots that have junsdictional wetlands
present as depicted on the jurisdictional determination map signed by the US Army Corps of
Engineers The wetland boundary identification (flagging, fencing, etc) must be maintained on
each lot until the lot is sold

Page Four
Mill Creek Developers, LLC
Attn Mark Evans
DWQ # 09 -0587
January 27, 2010
8. "Re- opener" Clause
Mill Creek Developers, LLC and its authorized agents shall conduct its activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements
of State law and federal law Mill Creek Developers, LLC shall require its contractors (and /or
agents) to comply with all of the terms of this Certification, and shall provide each of its
contractors (and/or agents) a copy of this Certification A copy of this Certification shall be
included in the construction contract and available on the fob site at all times If DWQ
determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that State or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d) Before modifying the certification,
DWQ shall notify Mill Creek Developers, LLC and the US Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 2H 0503 and provide opportunity for public
hearing in accordance with 15A NCAC 2H 0504 Any new or revised conditions shall be
provided to Mill Creek Developers, LLC in writing, shall be provided to the United States Army
Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water
Act, and shall also become conditions of the 404 Permit for the project
9. Determination of Impacts
At the completion of the project, the DWQ will require a determination of the area impacted
which is to encompass the location and acreage of the impact (it can be shown on an aerial or
done as a survey) This to be included with the Certification of Completion and sent to the
Wilmington Regional Office (address on the letterhead page) and to Raleigh (401 Wetlands Unit,
2321 Crabtree Blvd, Raleigh, NC 27604 -2260)
10 Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699 -1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and /or civil penalties The authorization to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application and as authorized by this Certification shall
expire upon expiration of the 404 or CAMA Permit

' Page Five
Mill Creek Developers, LLC
Attn Mark Evans
DWQ # 09 -0587
January 27, 2010
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N C 27699 -6714 This certification and its conditions are final and binding unless you ask for
a hearing
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act If you have any questions, please telephone Ian McMillan in the Central Office in Raleigh at
919 733 1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910 796 7215
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
Attachments
Enclosures GC 3705
NCG 010000
Certificate of Completion
cc. Ashley Futral — Land Management Group, Inc
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
David Bailey - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
WiRO

BACHELORS DELIGHT MITIGATION BANK
CREDIT RESERVATION LETTER
May 7, 2014
TO: Kim Williams FROM: Bachelors Delight Mitigation Bank
Land Management Group, Inc. c/o Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15 3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403 Wilmington, NC 28403
Project: Mill Creek
Dear Kim:
Pursuant to your recent credit request, Bachelors Delight Mitigation Bank (BDMB) is providing confirmation
of acceptance to supply non - riparian wetland compensatory mitigation credits for impacts associated with
the Mill Creek project in the White Oak River Basin. This acceptance is conditional upon receipt of payment
as outlined below. Please refer to the table below depicting the type and quantity of credits requested and
reserved for your project.
Mitigation Type
Stream
Non- Riparian Wetland
Riparian Wetland
Credits Requested
0
039
0
Credits Reserved
0
E
0.4
0 ?
Note that the BDMB provides wetland credits in 0.1 -acre increments. Based upon receipt of your email and
completed credit request form transmitted on May 7, 2014, BDMB has reserved 0 4 non - riparian wetland
credits. These credits are reserved until August 7, 2014 (90 days from the date of this letter). Please
contact us should you require additional time for the credit reservation beyond this date.
Upon request for receipt of credit transfer, BDMB will issue an invoice in the amount of $19,769.20.
Upon receipt of payment, BDMB will provide an executed Transfer of Credit Certificate. Note that all
payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit
types and amounts requested are consistent with the compensatory mitigation requirements of the
permit(s) issued. BDMB and /or its agents are not responsible for determining the applicant's mitigation
requirements. If you have any questions or need additional information, please contact me by phone at
(910) 452 -0001 or by email at cpreziosi @lmgroup.net
Sincerely,
Bac o s De ght Mi i ion Bank
i
L �yI
Christian Prezios
Agent for Bache o s Delight Mitigation Bank